MyQuest Terms of Service

 

MyQuest ("MyQuest" or, "us", "our", "we") provides guidance and instructional content through its Internet site (the “Site”). These Terms of Service ("Terms") govern your access and use of the Site and all content (“Content”, as further defined below) and services available through the Site ("Services"). "You" means any adult user of the Site, or any parent or guardian of any minor whom you allow to use the Site and the Services, and for whom you will be held strictly responsible.

 

If you are a minor, you must obtain the permission of your parent or guardian prior to using the Site or Services. If you do not obtain such permission, do not use the Site or Services.

 

Please read these Terms carefully. These Terms govern your access to and use of the Site. By clicking on the button marked "I agree" you signify your assent to both these Terms and our Privacy Policy, which is available at http://www.myquest.co/MyQuestPrivacyPolicy.doc. Changes may be made to these Terms from time to time. Your continued use of the Site or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Site or Services.

 

Services

 

You may use the Site, and the Content and Services provided through the Site, for your personal use only. You shall not use the Site or Services to provide any services or content to any third party, and you shall not make any commercial use of the Site, Services or Content. MyQuest may in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice.

 

Use of the Services and access to the Site is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party.

 

Account Registration

 

We may allow you to register or otherwise use the Services through third party login services (such as Facebook). If you choose to login or register through such third party services, you agree to the terms and conditions of all such third party services. You acknowledge that the use of third party services to login or register for the Site may provide us with access to certain information and data that you have provided to such third party service (according to the terms and conditions of such third party service) and you expressly agree to our use of such data or information in accordance with these Terms and Privacy Policy.

 

If you do not use a third party login service you will create a MyQuest account. Your account allows you to use the Site and Services, subject to these Terms and our Privacy Policy. MyQuest reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish on the Site, all at its sole discretion.

 

To create an account, you must provide information as may be requested by MyQuest. All information provided during the registration process must be accurate, and you agree to keep such information updated.

 

You agree to immediately notify MyQuest of any unauthorized use of your MyQuest account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. MyQuest will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold MyQuest harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to support@myquestworld.com that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

 

Termination of Account

 

MyQuest may terminate your account if you violate any of these Terms. Upon termination of your account, you shall not have any further access to any Content that may be available through your account. In addition, MyQuest may terminate your account at its reasonable discretion upon written notice, provided that MyQuest refunds to you all amounts you have paid in respect of services that you have not received up to the effective date of the termination of your account.

 

If MyQuest believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement investigation or court order requesting or directing us to disclose the identity, behavior or Content of anyone believed to have violated these Terms or to have engaged in illegal behavior. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

 

Content

 

Certain types of content may be made available through the Site or the Services. "Content" as used in these Terms means, collectively, all content on or made available on the Site or through the Services, including any photos, pictures, videos, slideshows, mashups, music and comments, and any modifications or derivatives of the foregoing.

 

The Site may allow you to post certain content or to communicate with other users of the Site. All content and communications by users is referred to as “User Content.”  You are fully and solely responsible for any User Content you submit, post or communicate through the Site. You represent and warrant that any such User Content complies with all applicable law, that you have all necessary rights to submit any such User Content through the Site and Services, and that no such User Content infringes or violates any third party intellectual property rights, privacy or publicity rights, or moral rights. MyQuest has no obligation to accept, display, review or maintain any User Content. Moreover, MyQuest reserves the right to remove and permanently delete any Content, including any User Content submitted or modified by any user, without notice and for any reason. WE DO NOT ENDORSE ANY CONTENT (INCLUDING WITHOUT LIMITATION ANY USER CONTENT) OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

 

MyQuest may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that MyQuest reserves the right to treat User Content as content stored at the direction of users for which MyQuest will not exercise editorial control except when violations are directly brought to MyQuest’s attention. MyQuest has the right to edit, delete, distort, modify or move User Content from the Site or Services without notice for any reason at any time. Additionally, MyQuest has the right to refuse to transmit, email, post or broadcast any User Content (including to refuse to allow a user to post or distribute such User Content through a third party) without notice for any reason at any time.

 

Content on the Site comes from a variety of sources. You understand that MyQuest is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to this Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against us with respect to thereto. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

 

Content Restrictions

 

Without limiting the foregoing, you agree that you will not transmit, submit or post any User Content that: (1) Violates the legal rights of others, including defaming, abuse, stalking or threatening users; (2) Infringes (or results in the infringement of) the intellectual property rights, moral rights or other rights of any third party; (3) Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (4) does not comply with all applicable laws, rules and regulations; (5) Publishes falsehoods or misrepresentations that may damage us or any third party; (6) Involves gambling activities, or the payment or acceptance of payments relating to gambling activities; (7) Imposes an unreasonably or disproportionately large load on our infrastructure; or (8) Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography or obscene material, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate or offensive.

 

Use Restrictions

 

You may not do or attempt to do any of the following: (1) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Services or the Site without our prior written authorization, including framing or mirroring any part of the Site; (2) Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; (3) Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (5) Use or access another user’s account or password without permission; (6) Use the Site or Content thereon in any manner not permitted by these Terms, or (7) post, distribute or edit any Content or links in violation of the requests or wishes of the individual that provided you with such Content or links.

 

Intellectual Property

 

MyQuest and its licensors own the Site and all Content available on the Site, including all worldwide intellectual property rights in the Site and Content, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site, Content or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of  MyQuest or any third party.

 

By submitting or posting any User Content, you grant MyQuest and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, display, and perform such User Content on, through or in connection with the Site or Services in any media formats and through any media channels.

 

Copyright

 

The policy of MyQuest is not to infringe or violate the intellectual property rights or other rights of any third party, and MyQuest will remove material appearing on the Site that infringes the rights of any third party. Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), MyQuest will remove any Content (including without limitation any User Content) if properly notified of that such material infringes third party rights, and may do so at its sole discretion, without prior notice to users at any time. The policy of MyQuest is to terminate the accounts of repeat infringers in appropriate circumstances.

 

If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us by contacting copyright@myquestworld.com.

 

Disclaimers & Disclaimer of Warranty

 

Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content (including User Content) and Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. While we make reasonable efforts to have Content that is informative and useful, we do not make any warranties or representations in respect of any Content. We do not represent or warrant that you will find any Content to be informative or useful for your own needs.

 

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT (INCLUDING USER CONTENT), AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES.

 

We are not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Services, or transmitted by any User, whether by users of the Services or by any of the equipment or programming associated with the Services. We take no responsibility for third party advertisements which are posted on this Site or through the Services, nor do we take any responsibility for the goods or services provided by our advertisers. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

Limitation of Liability

 

We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or Services, from any Content posted on or through the Site or Services, or from the conduct of any Users of the Site or Services, whether online or offline.

 

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE APPLICABLE CLAIM.

 

Linked Content

 

Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the Sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, MyQuest cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. MyQuest is not responsible for content or services available by means of such sites. MyQuest does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

 

Indemnification

 

You agree to indemnify, defend, and hold harmless MyQuest and our respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of the Site or the Services, including any message or Content you transmit through the Site or Services; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law.

 

Miscellaneous

 

These Terms shall be governed by the laws of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against MyQuest must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and MyQuest or enables you to act on behalf of MyQuest. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

                                   

Binding Arbitration

 

You and MyQuest agree that, except as provided below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. The arbitration will be conducted in New York, NY unless the parties agree to video, phone and/or internet connection appearances.In the event of a conflict between the terms set forth herein and the JAMS Rules, the terms herein will control and prevail.

Except as otherwise set forth herein, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and MyQuest will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and MyQuest may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

You and MyQuest agree that any arbitration shall be limited to the Claim between MyQuest and you individually. YOU AND MYQUEST AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

You and MyQuest agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or MyQuest’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If MyQuest initiates arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.