NearQuick is a service operated by Aistella LLC. By accessing or using NearQuick, you agree to be bound by these Terms of Service. If you do not agree, please do not use the Service.
By checking the "I agree" box during registration, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. This electronic acceptance constitutes a legally binding agreement under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), 15 U.S.C. § 7001, and applicable state electronic transaction laws. Your electronic signature has the same legal effect as a handwritten signature.
NearQuick records the date, time, IP address, device information, and screen coordinates of your acceptance. These records are stored in tamper-evident, cryptographically signed logs and are intended to constitute admissible business records under Federal Rule of Evidence 803(6) and relevant state equivalents.
Binding Future Updates: NearQuick may update these Terms at any time. Your continued use of the Service after any modification constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.
NearQuick is an online advertising platform that allows users to post listings and connect with people across the United States.
To post advertisements, you must create an account and be at least 18 years of age. You are solely responsible for:
While NearQuick employs automated systems to detect prohibited content, such systems do not constitute an endorsement or verification of your content, and you remain fully liable for everything you publish. NearQuick reserves the right, at our sole discretion, to suspend or terminate your account at any time, with or without notice, for any violation of these Terms.
New accounts receive 3 free ad posts. Free ads are subject to current platform limitations as displayed on the Post Ad page. Once the 3 free credits are used, paid packages are required.
You may not post advertisements that contain or promote the following:
FTC Compliance Notice: All advertisements must be truthful, non-deceptive, and backed by evidence. Sponsored or paid content must be clearly identified as "Ad" or "Sponsored." Violations may result in immediate ad removal and account suspension.
The following categories are permitted but subject to additional requirements:
NearQuick offers various advertising packages. Pricing, features, and durations are displayed at the time of purchase. While we reserve the right to change prices at any time, the price confirmed at checkout is final for that transaction. Prices do not include applicable sales tax unless stated otherwise.
Refunds & Disputes: All sales are generally final. Refunds are issued solely at our discretion, typically limited to verified technical system errors. To prevent account suspension, you must contact our support team to resolve billing issues before filing a chargeback with your bank. Filing an unauthorized chargeback may result in permanent account termination and we reserve the right to pursue collection of any amounts owed.
By enrolling in the VIP Membership ($9.90/month), you provide your express informed consent to a recurring monthly subscription on a negative option basis under U.S. federal and California laws. You authorize the Platform to automatically charge $9.90 USD each month to your payment method until cancelled. Active subscribers receive a monthly allowance of 3 Standard Ads and 2 Featured Ads (7-day runtime each), plus a 15% discount on Basic ad placements and a Featured Member badge on all active listings. Unused ad credits and discounts are issued on a strict "use-it-or-lose-it" basis; they expire permanently at the end of each billing cycle prior to your next charge and do not roll over. You may cancel at any time with one click via your Account Settings. To avoid being charged for the next cycle, cancellation must be executed at least 24 hours prior to your scheduled renewal date. All subscription charges are strictly final and non-refundable.
The Platform provides an on-site user messaging interface strictly as a neutral hosting provider under Section 230 of the Communications Decency Act. To maintain platform safety, you explicitly authorize and agree that all private messages are subjected to instantaneous automated verification, keyword filtering, and prohibited content screening. The Platform reserves the absolute right to block messages, remove content, or suspend accounts instantly if any prohibited keywords, scams, or malicious links are detected by our automated system. You assume total personal risk for all text exchanges. The Platform is not a party to, and explicitly disclaims all liability for, blocked communications or any fraudulent activities and offline harms arising from user-to-user interactions.
By providing your mobile number, you give your prior express written consent under the Telephone Consumer Protection Act (TCPA) to receive automated transactional text messages (such as security verification codes) and promotional alerts from the Platform. Consent is not a condition of purchase. You can opt-out at any time by replying "STOP" to any text message. Reply "HELP" for technical inquiries. Standard messaging and carrier data rates may apply.
By maintaining an account, you authorize the Platform and its third-party automation services to deliver transactional emails (billing receipts, credit expiration warnings) and marketing emails to your verified email address. You may opt-out of marketing emails at any time by clicking the "Unsubscribe" link in the email footer. Mandatory transactional and security emails cannot be turned off unless you permanently delete your account profile.
Advertisements will automatically expire and be removed from the Service upon the conclusion of the purchased duration. NearQuick is under no obligation to notify you prior to or following an ad's expiration. We are not liable for any loss of revenue, business interruption, or other damages resulting from the expiration or removal of your content. Once expired, we reserve the right to permanently delete all associated ad data, except where retention is required for legal compliance or dispute resolution purposes. It is your sole responsibility to track your ad durations and renew timely.
The Platform utilizes a proprietary ranking algorithm to determine the display position and sequence of listings. This algorithm and its parameters constitute exclusive trade secrets of the Platform, and we are under no obligation to disclose specific weights, formulas, or technical details to any party.
Ad ranking may consider factors including but not limited to package tier, listing recency, platform activity, and other criteria determined solely at our discretion. The Platform reserves the right to adjust or update the ranking algorithm at any time without prior notice to optimize platform ecosystem and user experience.
The Platform makes no guarantee that any listing will achieve a specific ranking, impression volume, or visibility outcome. Any attempt to manipulate ad ranking through artificial means, reverse engineering, or exploiting system vulnerabilities constitutes a material breach of these Terms and may result in immediate account termination.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEARQUICK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS CAUSED BY THIRD-PARTY NETWORK PROVIDERS, INTERNET OUTAGES, OR YOUR DEVICE COMPATIBILITY.
NEARQUICK MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. WE DO NOT GUARANTEE ANY SPECIFIC NUMBER OF IMPRESSIONS, CLICKS, LEADS, CONVERSIONS, SALES, OR ANY OTHER MEASURABLE BUSINESS OUTCOMES FROM YOUR ADVERTISEMENTS. ADVERTISING PERFORMANCE DEPENDS ON FACTORS OUTSIDE OUR CONTROL, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS, USER BEHAVIOR, COMPETITION, AND THE QUALITY OF YOUR AD CONTENT.
FURTHERMORE, NEARQUICK DOES NOT ENDORSE, WARRANT, OR GUARANTEE THE ACCURACY OR RELIABILITY OF ANY CONTENT POSTED BY OTHER ADVERTISERS. YOUR RELIANCE ON ANY THIRD-PARTY ADVERTISEMENT ON THIS PLATFORM IS SOLELY AT YOUR OWN RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEARQUICK OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEARQUICK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR:
CAP ON LIABILITY: IN NO EVENT SHALL NEARQUICK'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO NEARQUICK DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, NearQuick's liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless NearQuick and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorneys' fees and court costs, arising out of or in any way connected with:
NearQuick reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Governing Law: These Terms and any disputes shall be governed by the laws of the State of California and the Federal Arbitration Act (FAA), without regard to conflict of law principles.
Binding Arbitration: Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.
Arbitration Location & Convenience: The arbitration shall be conducted in Los Angeles County, California. However, for any claim where the total amount of the award sought is $10,000 or less, the party seeking relief may choose whether the arbitration will be conducted telephonically, via video conference, or based solely on written submissions.
Venue for Non-Arbitrable Matters: For any disputes that are not subject to arbitration (such as small claims), you and NearQuick agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Los Angeles County, California.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on our website or by displaying a prominent notice within the Service. Changes will become effective thirty (30) days after they are posted. Your continued use of the Service after the effective date constitutes your binding acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service and close your account.
NearQuick shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, earthquakes, fires, floods, wars, acts of terrorism, government actions, civil unrest, internet or telecommunications outages, third-party service provider failures, or any other event beyond our reasonable control. In such events, our obligations will be suspended for the duration of the force majeure event. We will make reasonable efforts to notify you of any such event and to resume normal operations as soon as practicable.
You, the advertiser, are solely and exclusively responsible for all content you submit, post, or display. Pursuant to 47 U.S.C. § 230, NearQuick shall not be treated as the publisher or speaker of any third-party information. We do not review, endorse, or verify the accuracy or legality of any advertisement, and we do not participate in the development or creation of your ad content.
By posting an advertisement, you represent and warrant that:
NearQuick acts strictly as a passive conduit and reserves the right to remove any content that violates these Terms, though we have no obligation to monitor such content.
Your Content: You retain ownership of all content you submit. By posting, you grant NearQuick a non-exclusive, royalty-free, worldwide, sub-licensable, and transferable license to use, display, reproduce, distribute, modify, and adapt your content solely for the purpose of operating, promoting, and improving the Service.
Your Warranty: You represent and warrant that you own or have obtained all necessary legal rights and licenses for all images, text, logos, and materials in your advertisements.
DMCA Compliance: NearQuick respects intellectual property rights. We will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe your work has been copied in a way that constitutes copyright infringement, please follow our DMCA Takedown Procedure in Section 18.
Platform Property: The NearQuick name, logo, and all proprietary software, designs, and marks are the exclusive property of Aistella LLC and may not be used without prior written permission.
NearQuick reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate any account or advertisement at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, posting prohibited content, fraudulent activity, unauthorized chargebacks, or conduct harmful to the platform or other users.
Upon termination:
Appeals: You may appeal a suspension by contacting us at [email protected]. However, the final decision remains at our sole discretion. We shall not be liable to you or any third party for any termination of your access to the Service.
NearQuick respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe content on our platform infringes your copyright, please submit a written notice to us at: [email protected].
Your notice must include:
Counter-Notice Procedure: If your content was removed by mistake or misidentification, you may submit a written counter-notice to [email protected]. It must include your signature, identification of the removed material, and a statement under penalty of perjury that you have a good faith belief the material was removed in error.
Repeat Infringers: It is our policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers.
NearQuick uses third-party services to operate the platform, including but not limited to payment processors, authentication providers, security and content delivery networks, email delivery services, and automated content moderation systems. Your use of these services is subject to their respective terms of service and privacy policies. Aistella LLC is not responsible for the practices, terms, or actions of any third-party service provider. Payment processing is handled by our payment processor — we do not store your full credit card information on our servers.
NearQuick may contain links to third-party websites, user-submitted advertisements, and social media platforms (including but not limited to Facebook, Instagram, X, TikTok, YouTube, and LinkedIn). These links are provided for convenience only. We have no obligation to investigate, monitor, or verify, and we do not warrant the accuracy, adequacy, or completeness of any third-party information.
No Endorsement: We do not warrant, endorse, or assume responsibility for any products or services offered by third-party advertisers. Any transaction or interaction between you and a third party is solely between you and that party, subject to their respective terms and privacy policies. NearQuick is not liable for any harm or damages resulting from such transactions.
No Professional Advice: Advertisements regarding health, legal, financial, or other professional services are for informational purposes only. They are not a substitute for professional advice. A professional-client relationship is not created by your use of this Service. Your reliance on any ad content is entirely at your own risk.
Users may include external video links (including but not limited to YouTube and Vimeo) within their ad submissions, and may display social media profile links via the designated social link fields on their user profile pages. External links, social media handles, and contact information are strictly prohibited within profile bio fields and ad descriptions. NearQuick does not review, endorse, or assume responsibility for any content hosted on external platforms. All embedded video content and external profile links are provided solely by the submitting user. Your access to any external content is entirely at your own risk and subject to the terms of the respective third-party platform.
NearQuick is based in the United States and is intended for use by residents and users located within the United States. By using the Service, you represent that you are located in the United States or are targeting users within the United States. We make no representation that the Service is appropriate or available for use outside the U.S.
International Use: If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with all local laws. You acknowledge and agree that your information may be transferred to, processed, and stored in the United States.
Export Controls: You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
All advertisements must comply with Federal Trade Commission (FTC) guidelines regarding endorsements, testimonials, and disclosures. If your advertisement includes paid endorsements, affiliate links, or any material connection (such as free products or payments), such relationships must be clearly and conspicuously disclosed within the ad.
Reviews and Testimonials: You represent and warrant that any testimonials or reviews included in your advertisements are authentic and based on actual consumer experiences. You are prohibited from posting fake reviews or suppressing negative feedback through deceptive means.
Enforcement: Failure to comply with FTC guidelines may result in immediate ad removal and account suspension. NearQuick is not liable for any FTC enforcement actions or legal consequences arising from your non-compliance. You agree to fully indemnify NearQuick for any fines or legal costs incurred due to your violation of FTC regulations.
The Service is not intended for individuals under the age of 18. By creating an account, you represent and warrant that you are at least 18 years of age. NearQuick does not knowingly collect or solicit personal information from individuals under the age of 13.
Advertiser Obligations: Advertisers are strictly prohibited from:
Parental Notice: If you are a parent or guardian and believe a child under 13 has provided personal information or created an account, please contact us immediately at [email protected]. We will take immediate steps to delete such information from our records.
NearQuick is committed to providing a Service that is accessible to the widest possible audience, regardless of ability. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1, Levels A and AA, and the Americans with Disabilities Act (ADA) standards to the extent reasonably practicable.
Reporting Barriers: Accessibility is an ongoing effort. If you experience any difficulty accessing any part of our website or Service, please contact us at [email protected]. In your message, please specify the particular web page or feature and provide any details that will help us locate and address the issue.
Third-Party Content: Please note that our Service may link to, or contain content from, third-party providers. We do not control the accessibility compliance of third-party websites or user-submitted advertisements.
These Terms of Service, together with our Privacy Policy and any supplemental terms or policies published on our Service, constitute the sole and entire agreement between you and NearQuick regarding your use of the Service. This agreement supersedes all prior and contemporaneous agreements, understandings, or representations, whether written or oral.
Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms will continue in full force and effect.
NearQuick provides advertising placement services only. We do not guarantee any specific results from your advertisements, including but not limited to: impressions, clicks, leads, conversions, sales, revenue, business outcomes, or return on investment (ROI).
Ad Performance: Advertisement performance depends on factors outside our control, including market conditions, user behavior, and the quality of your content. Our internal tracking data shall serve as the primary reference for any metrics provided (e.g., impressions or clicks), absent clear evidence of system error. We are not responsible for invalid clicks or fraudulent traffic generated by third parties, bots, or automated software.
No Oral Guarantees: You acknowledge that no employee, agent, or representative of NearQuick is authorized to make any guarantee regarding ad performance. Any such unauthorized statements shall not be binding upon us.
By using the Service, you expressly consent to receive communications from us electronically, including via email or site-wide notices. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing.
Digital Signature & Records: Your electronic acceptance of these Terms, including the timestamp, IP address, device fingerprint, browser information, and screen coordinates of your interaction, are recorded and stored as tamper-evident business records. These records are automatically generated, cryptographically signed, and archived to immutable storage at the time of your agreement. Such records are intended to constitute admissible evidence of your binding electronic signature under the E-SIGN Act, UETA, and Federal Rule of Evidence 803(6) and relevant state equivalents.
To ensure the security of the Service and maintain evidence of legal compliance, NearQuick automatically collects technical data, including: IP addresses, device information (User Agent), precise timestamps, and interaction telemetry (such as screen coordinates during agreement acceptance).
Retention and Disclosure: This data is retained for a minimum of seven (7) years to comply with legal obligations and facilitate dispute resolution. We reserve the right to disclose this data to law enforcement, regulatory authorities, or in connection with legal proceedings as required or permitted by law. By using the Service, you expressly consent to the collection, retention, and potential disclosure of this compliance data for these specific purposes.
For questions about these terms, please contact us.