Welcome to Kwickz. We (Dallas Drive Auto Rentals LLC, DBA Kwickz) hope you find it useful. By accessing or otherwise interacting with our servers, services, websites, mobile app (“App”), or any associated content/postings (together, “Kwickz”), you agree to these Terms of Use (“TOU”). You acknowledge and agree that Kwickz is a private site owned and operated by Dallas Drive Auto Rentals LLC. If you are accessing or using Kwickz on behalf of a business, you represent and warrant to Kwickz that you have the authority to accept the TOU on behalf of that business and that the business agrees to the TOU. If you do not agree to the TOU, you are not authorized to use Kwickz or download the App. We may modify the TOU at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use Kwickz. Our privacy policy (https://kwickz.com/privacy-policy), prohibited list (https://kwickz.com/prohibited), and all other policies, site rules, and agreements referenced below or on Kwickz, are fully incorporated into this TOU, and you agree to them as well.

License: If you agree to the TOU and (1) are of sufficient age and capacity to use Kwickz and be bound by the TOU, or (2) use Kwickz on behalf of a business, thereby binding that business to the TOU, we grant you a limited, revocable, non-exclusive, non-assignable license to use Kwickz in compliance with the TOU; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell content from Kwickz, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from the content you post.

Use: Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except our App and general-purpose web browsers and email clients) or services that interact or interoperate with Kwickz, e.g., for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect Kwickz content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of Kwickz’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse Kwickz’s flagging or reporting processes. You agree not to collect Kwickz user information or interfere with Kwickz. You agree we may moderate Kwickz access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available Kwickz or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port, or modify the App, the API, any website code, or any software used to provide Kwickz, (iii) combine or integrate Kwickz or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects Kwickz or the API, or (v) remove or alter any copyright, trademark, or other proprietary rights notices. You agree not to use Kwickz or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Liquidated Damages: You further agree that if you violate the TOU, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting Kwickz users’ information, including personal or identifying information – $1 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of Kwickz without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of Kwickz – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $4 per violation; (E) posting or attempting to post Prohibited Content in any paid section of Kwickz – the price per post applicable to that section of Kwickz; (F) sending an unauthorized/unsolicited email to an email address obtained from Kwickz – $25 per violation; (G) using Kwickz user information to make/send an unauthorized/unsolicited text message, call, or communication to a Kwickz user – $500 per text/call/communication; (H) creating a misleading or unlawful Kwickz account or buying/selling a Kwickz account – $4 per violation; (I) abusing or attempting to abuse Kwickz’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of the USE Section – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting Kwickz content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) requesting, viewing, or accessing more than 1,000 pages of Kwickz in any 24-hour period – $0.25 per page during the 24-hour period after the first 1,000 pages; (M) bypassing or attempting to bypass our moderation efforts – $4 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above-liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of the USE section will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.

Fees: When you make a paid posting (https://kwickz.com/fees), you authorize us to charge your account. Any tax is additional. Fees are non-refundable, even for posts we remove, delay, omit, re-categorize, re-rank, or otherwise moderate. We may refuse any posting.

Disclaimer & Liability: To the full extent permitted by law, Dallas Drive Auto Rentals LLC, and its officers, directors, employees, agents, licensors, affiliates, and successors in interest (“Kwickz Entities”) (1) make no promises, warranties, or representations as to Kwickz, including its completeness, accuracy, availability, timeliness, propriety, security, or reliability; (2) provide Kwickz on an “AS IS” and “AS AVAILABLE” basis and any risk of using Kwickz is assumed by you; (3) disclaim all warranties, express or implied, including as to the accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from a course of dealing usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with Kwickz. Kwickz Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to Kwickz, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.

Claims & Indemnity: Any claim, cause of action, demand, or dispute arising from or related to Kwickz (“Claims”) will be governed by the internal laws of Texas, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Richardson, Texas (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in Richardson, Texas; (2) indemnify and hold Kwickz Entities harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of Kwickz; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed, or controlled by you, or acting for your benefit.