QACOLLECTIONS reserves the right to change the Terms under which the Site and the Services are offered in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site or the Services. All changes to the Terms are effective from the date posted. Unless otherwise amended these Terms shall apply to any modified version or upgrade of the Site or the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
PLEASE NOTE THAT QACOLLECTIONS DOES NOT PROVIDE WARRANTIES FOR THE SITE OR THE SERVICES. THESE TERMS ALSO LIMIT QACOLLECTIONS'S LIABILITY, AS FURTHER SET FORTH IN SECTIONS 5 AND 6. PLEASE READ THEM CAREFULLY.
Description of the Services
QACOLLECTIONS enables users to submit search queries or questions by accessing the Site or the Services via the Internet browser of the user's choice and/or by using a mobile device and service. Users are responsible for obtaining access to the Site and the Services, and that access may involve third party fees, costs, or expenses (such as those incurred in association with Internet access, wireless telephone access, text messaging, or other access and communication services fees). QACOLLECTIONS may provide the Site and/or the Services with or without the assistance of a human assistant (a "Guide").
Standard telecommunication rates, text messaging rates, and other rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of your wireless device.`
The Site and the Services contain links to third party web sites or programs that are not controlled by QACOLLECTIONS. QACOLLECTIONS is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant’s refusal to honor any offer. Your dealings with third parties are solely between you and the applicable third party.
Limited use of the Services
Although QACOLLECTIONS hopes you will find the information that you obtain via the Site or the Services to be useful, QACOLLECTIONS does not guarantee that the information will (a) be accurate, complete or useful in any way whatsoever, (b) include all of the information available relating to a topic or query, or (c) satisfactorily address your query. Information provided by the Site or the Services is not and cannot be used as a substitute for the advice of a qualified doctor, psychiatrist, psychologist, accountant, attorney, financial analyst, or other professional. Accordingly, if you need advice regarding a regulated or specialized field or industry, you must seek a professional who is licensed, qualified or knowledgeable in that area. The Guides who assist QACOLLECTIONS in providing the Site and the Services are independent contractors that operate under a separate agreement with QACOLLECTIONS. QACOLLECTIONS is not in any manner legally responsible for any content provided, or actions taken, by Guides, including any content or actions, which may be taken as offensive, defamatory, harassing, fraudulent, inaccurate, or otherwise objectionable. You may report any concerns to QACOLLECTIONS by use of the Contact link provided herein, as well as the Contact link located on the QACOLLECTIONS homepage. Your use of the Site and the Services, including any communication by, with or to QACOLLECTIONS, may be recorded. By using the Site and the Services, you consent to such recording.
The Site and the Services are provided on an “as-is” basis and should not be relied upon for any purposes whatsoever. No commercial use or use that could be construed as commercial use is permitted without the express written consent of QACOLLECTIONS. Any rights not expressly granted under these Terms are reserved by QACOLLECTIONS. QACOLLECTIONS grants you a personal, nonexclusive ability to use the Site and the Services only as authorized in these Terms.
You may use the Site and the Services only for legal and appropriate uses. QACOLLECTIONS reserves the right to make changes to the Site and the Services at any time and without notice. Your access to and use of the Site and the Services is completely at the discretion of QACOLLECTIONS, and your access to and use of the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for prolonged inactivity or for any violation of the following rules:
- You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Site and the Services, and with all applicable copyright, trademark, or other intellectual property rights laws.
- You may not submit queries that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, or are otherwise objectionable.
- You may not submit queries that are designed to elicit responses that relate to illegal activity or that infringe upon another party’s intellectual property rights.
- You may not allow anyone else to use the Site or the Services who does not agree to these Terms.
- You may not submit queries to the Site or any of the Services using automated means without the prior express written consent of QACOLLECTIONS.
- You may not sell, use, transfer, reproduce, modify, edit, publish, perform, display, post, transmit or distribute the transcript of any communication that you may have in connection with your use of the Site or the Services without the written permission of QACOLLECTIONS.
- You may not upload, post, email, transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content.
- You may not disrupt the operation of the Site or the Services or intimidate, harass, or intentionally offend the Guides.
- You may not use the Site or the Services for commercial purposes.
- You may not interfere or attempt to interfere with the Site or the Services or another person’s use of the Site or the Services by use of any program, script, command, device, software, routine, or otherwise. This includes, but is not limited to attempts to overload the Site or the Services or to excessively burden QACOLLECTIONS’s resources.
- You may not use the Site or the Services if QACOLLECTIONS finds such use is no longer commercially feasible.
- You may not attempt to gain unauthorized access to any portion or feature of the Site or the Services, by hacking, password “mining” or any other illegitimate means.
- You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents your identity or affiliation with another person or entity.
- You may not submit content that falsely expresses or implies that such content is sponsored or endorsed by QACOLLECTIONS.
- You may not embed any page of the Site in “frames” running from other websites.
- You may not mirror the Site or the Services on any other website or server.
- You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services.
- You may not transmit any worms, Trojan Horses, viruses, defects, or any items of a destructive nature.
- Robots and crawlers must follow the robot guidelines found at http://www.robotstxt.org/wc/robots.html. Robots that ignore the guidelines may be excluded from the Site and the Services.
- You may not Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
- You may not Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
- You may not Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- You may not Modify the Services in any manner or form, or use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
- You may not Reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of Ask;
- You may not Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
- You may not Access the Site or Services by any means other than through the interface that is provided by Ask;
- You may not Collect or store personal data about other users of the Site or Services;
- You may not Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- You may not Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
When you visit the Site, use the Services, or contact QACOLLECTIONS by other means, you consent to receive communications from QACOLLECTIONS. QACOLLECTIONS may contact you electronically or by other means QACOLLECTIONS chooses, and QACOLLECTIONS may contact you at any place that QACOLLECTIONS may locate you. You agree that all agreements, notices, disclosures, and other communications that QACOLLECTIONS provides to you via text message, email, or other form of electronic communication shall satisfy any legal requirement that such communications be in writing.
The CAN-SPAM act, state and federal Do-Not-Call registries, and the Telephone Consumer Privacy Act of 1991 exist to prevent unsolicited telemarketing calls and the use of automatic dialing machines to call wireless devices, not to prevent such calls to persons who have requested to be contacted. Under Federal rules and those of most states, “safe harbors” exist to allow a consumer to expressly grant permission to be contacted even though they have registered their phone number with a state or federal Do-Not-Call registry. By accepting these Terms and submitting a query or request to QACOLLECTIONS via voice, text, or internet, you expressly agree that we may send a response to your queries to your wireless device or email via an SMS text message or email or WAP Push Message or MMS message. You are granting express permission to receive our response even if you are registered on a Do-Not-Call registry. You expressly agree that, as part of the Services provided by QACOLLECTIONS, you may receive promotional communications, alerts, and third party advertising materials from QACOLLECTIONS via text message.
Unintended parties may receive communications which are directed to QACOLLECTIONS by you or which are directed to you by QACOLLECTIONS. QACOLLECTIONS is not responsible for any communications, which are lost, intercepted or misdirected. Your telephone number and communications may be intercepted by third parties without your or QACOLLECTIONS’s knowledge or permission. QACOLLECTIONS is not responsible for information sent using text, voice, or other communication services.
In connection with your use of the Site or the Services, you may be required to register with QACOLLECTIONS by providing certain personally identifiable information about yourself, including, but not limited to, your name, age, gender, zip code, email address and mobile telephone number. In consideration for QACOLLECTIONS granting you access to the Site or the Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for QACOLLECTIONS's provision of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if QACOLLECTIONS has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, QACOLLECTIONS has the absolute right to suspend or terminate your use of the Site or the Services at any time and refuse you any and all current or future use of the Site or the Services. You may receive a registration key/password in order to access the Site or the Services. You are solely responsible for maintaining the confidentiality of the registration key/password, and are solely responsible for all activities that occur under your registration key/password, and QACOLLECTIONS may rely upon the authority of anyone using your account or password. In the event that the confidentiality of your account or password is compromised in any manner, you should notify QACOLLECTIONS immediately. QACOLLECTIONS reserves the right to take any and all action it deems necessary to ensure the integrity of the Site, the Services and your account, including but not limited to terminating your account, changing your password, or requesting additional information in order to access your account. In no event and under no circumstances will QACOLLECTIONS be held liable to you for any liability or damages resulting or arising from any action or inaction of QACOLLECTIONS under this provision, any compromise of the confidentiality of your account or password, and any unauthorized access to your account or use of your password. Any unauthorized use of the Site or the Services will terminate any permission or license granted under these Terms and may violate applicable laws and statutes including trademark laws, copyright laws, and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
QACOLLECTIONS is the owner or licensee of all copyrights in and to the content, designs, information, text, software, HTML code, data, images and materials displayed on, or used in connection with, the Site and the Services (”Content”). You expressly assign to QACOLLECTIONS any intellectual property rights that may result from your use of the Site or the Services, including but not limited to any copyright interest that you obtain in the work product that results from any communication that may take place between you and QACOLLECTIONS through your use of the Site or the Services (”Work Product”). By making any Content or Work Product available through the Site or the Services, QACOLLECTIONS does not grant any license or other authorization to copy, use, reproduce, perform, display, or distribute its copyrightable material, or other intellectual property, except as provided herein. For purpose of clarification but not limitation, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Content and/or Work Product, unless you first obtain the written permission of QACOLLECTIONS. If you make use of any Content and/or Work Product other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws.
Other than Work Product and Content, QACOLLECTIONS does not claim ownership of any other correspondence, materials, and information that you submit to QACOLLECTIONS, or that you post on the Site (”Your Materials”). Nevertheless, you automatically grant to QACOLLECTIONS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, reproduce, copy, adapt, modify, translate, publish, perform, display, distribute, make available, and store Your Materials, and to prepare derivative works based on Your Materials. Additionally, you agree that QACOLLECTIONS may sublicense and/or assign its rights in Your Materials. No compensation will be paid with respect to this use of Your Materials. You also grant QACOLLECTIONS the right to use your name in connection with Your Materials, for testimonial and similar purposes. QACOLLECTIONS is under no obligation to post or use any of Your Materials, is under no obligation to maintain Your Materials and may remove Your Materials at any time in QACOLLECTIONS’s sole discretion. You agree that you shall have no recourse against QACOLLECTIONS for any alleged or actual infringement of any proprietary rights in Your Materials, and that the submission of such materials to QACOLLECTIONS, irrevocably waives any and all “moral rights” in Your Materials including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all rights to Your Materials, and that the content is accurate, will not cause harm to any person or entity, that the use of Your Materials does not violate these Terms, and that you indemnify QACOLLECTIONS for all claims resulting in any way from the use of Your Materials.
QACOLLECTIONS, QACOLLECTIONS logo, as well as other trademarks and logos and other names of QACOLLECTIONS’s products and services referenced on the Site are exclusively owned by QACOLLECTIONS. All other products, services, and company names mentioned on the Site are the trademarks of their respective owners. By placing them on the Site or within the Services, QACOLLECTIONS does not grant to you any license or other authorization to copy, reproduce, or use the trademarks or logos, except as provided herein.
If you believe that any material on the Site infringes on any copyright that you own or control, please follow the procedures outlined in our Notice to Copyright Owners.
QACOLLECTIONS is the owner, licensee, or assignee of all legal right, title and interest in and to the Site and the Services, including any intellectual property relating to the Site and the Services which may include any registered or unregistered rights or any patent pending technology.
The Site and the Services may contain advertisements, promotions, and links to external websites. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Site and the Services are solely between you and such parties. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that QACOLLECTIONS is not responsible or liable for any loss or damage incurred as the result of any such dealings. QACOLLECTIONS does not endorse, and QACOLLECTIONS is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of the Site. QACOLLECTIONS is not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand and agree that QACOLLECTIONS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other websites. QACOLLECTIONS shall not be liable for any errors or delays in the content, goods or services available on such other websites, or for any actions taken or not taken in reliance thereon.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. QACOLLECTIONS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY INFORMATION PROVIDED BY OR OTHERWISE OBTAINED THROUGH THE SITE OR THE SERVICES HAS NOT BEEN VERIFIED, AND NEITHER QACOLLECTIONS NOR ANY GUIDE GUARANTEES, REPRESENTS, OR WARRANTS THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. QACOLLECTIONS DOES NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, SERVICE OR SERVICE PROVIDER MENTIONED IN ANY QUERY OR RESPONSE.
QACOLLECTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF QACOLLECTIONS’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE SERVICES ARE AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET, THE SERVICES OR OTHERWISE, IS NOT SECURE.
NEITHER QACOLLECTIONS, NOR ANY OF QACOLLECTIONS’S GUIDES, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “QACOLLECTIONS ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF QACOLLECTIONS OR A QACOLLECTIONS ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH QACOLLECTIONS OR ANY QACOLLECTIONS ASSOCIATE IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT QACOLLECTIONS’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIVE DOLLARS ($5.00).
THE SITE AND THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY QACOLLECTIONS FROM ITS OFFICES WITHIN THE UNITED STATES. QACOLLECTIONS MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND QACOLLECTIONS ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS QACOLLECTIONS AND THE QACOLLECTIONS ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN QACOLLECTIONS AND YOU.
These Terms and the relationship between you and QACOLLECTIONS shall be governed by the laws of the State of Indiana, without regard to any conflict of law or choice of law provisions of any state to the contrary. To the extent you have in any manner violated or threatened to violate QACOLLECTIONS’s intellectual property rights or your obligations with respect to QACOLLECTIONS’s confidential information, QACOLLECTIONS may file an action seeking injunctive or other appropriate relief in any court of competent jurisdiction, and you consent to the personal jurisdiction of and venue in such courts and waive any right to a jury trial in connection with any such action. Without limiting the foregoing, you consent to the personal jurisdiction of and venue in the courts located within Marion County or Hamilton County, Indiana, in the event of any dispute, and waive any future right to object to this designation of jurisdiction and venue and waive any right to a jury trial in connection with any such action. You agree that any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be brought within one (1) year after such claim or cause of action accrues or be forever barred. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you, your successors and permitted assigns.
The failure of QACOLLECTIONS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a partnership, joint venture, agency, employment, or other business relationship between you and QACOLLECTIONS.
You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. QACOLLECTIONS shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
These Terms, including any documents referenced herein, represent the entire understanding between you and QACOLLECTIONS regarding your relationship with QACOLLECTIONS and your use of the Site and the Services. These Terms shall not be construed against any party by reason of their preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and QACOLLECTIONS with respect to such subject matter. Where QACOLLECTIONS has provided you with a translation of an English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with QACOLLECTIONS. If there is any contradiction between what the English language version of the Terms say and what a translation says, the English language version shall take precedence. Notwithstanding any provisions of these Terms, QACOLLECTIONS has available all remedies at law or equity to enforce these Terms.