IN-QUIZ-IT SOFTWARE, INC. TERMS AND CONDITIONS
Last updated [May 21, 2019]
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you") and
In-Quiz-It Software, Inc.("we," "us" or "our"), concerning your access
to and use of the "https://InQuizItSoftware.com" and OR
"https://UTrapIt.net" website as well as any other media form, media
channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and
agree to be bound by all of these Terms of Use. If you do not agree with
all of these Terms of Use, then you are expressly prohibited from using
the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes
or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the "Last updated"
date of these Terms of Use, and you waive any right to receive specific
notice of each such change.
It is your responsibility to periodically review these Terms of Use
to stay informed of updates. You will be subject to, and will be deemed
to have been made aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the Site after the date
such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access
the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and
all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics on the Site (collectively,
the "Content") and the trademarks, service marks, and logos contained
therein (the "Marks") are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United
States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site "AS IS" for your
information and personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose whatsoever,
without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained
access solely for your personal, non-commercial use. We reserve all
rights not expressly granted to you in and to the Site, the Content and
the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your
account and refuse any and all current or future use of the Site (or any
portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your
password confidential and will be responsible for all use of your
account and password. We reserve the right to remove, reclaim, or change
a username you select if we determine, in our sole discretion, that
such username is inappropriate, obscene, or otherwise objectionable.
FEES AND PAYMENT
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.
Our fee schedule can be found at: [Click Here]
In-Quiz-It Software will invoice you either once annually or monthly, for service fees and on a separate invoice for other services rendered, including hardware orders, new account setups, custom programming and data manipulation. Sales tax will be added to the price of purchases as deemed
required by us. We may change prices at any time. All payments shall be
in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for
your purchases, and you authorize us to charge your chosen payment
provider for any such amounts upon making your purchase. [If your
purchase is subject to recurring charges, then you consent to our
charging your payment method on a recurring basis without requiring your
prior approval for each recurring charge, any change in annual service fees will take affect on the renewal of your anniversary data. until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment. We also reserve
the right to refuse any order placed through the Site.
You agree to pay at the time indicated on each Invoice all payments due from you thereunder. If not otherwise indicated in previously accepted Order Form, all payments are due thirty (30) days from invoice.
You agree to accept responsibility for paying and reporting (a) all federal, provincial, state and local taxes, however designated, levied or based on account of the purchase price of the Products or Services or on account of your acquisition or ownership or use of the Products (exclusive only of taxes based on net income derived by Service Provider), and (b) all foreign taxes, export or import tariffs, and custom duties, however designated, levied or based in connection with the sale conducted hereby, the purchase price of the Products and the Services, or your acquisition or ownership or use of the Products. You agree to hold Service Provider harmless from all claims and liability arising in connection with Purchaser's failure to report or pay such taxes.
You agrees that Service Provider and its assigns shall have a security interest in the Products until you have paid in full the total purchase price of those Products shown in each applicable Order Form. You agrees that this agreement shall be a security agreement as defined by the Uniform Commercial Code in effect in the jurisdiction in which the Products are located and Service Provider is authorized to execute and file financing statement or other recordings in order to document the security interest.
In the event that you default in any of the terms and conditions of the Subscription Agreement, including these Terms of Purchase and Use and any Order Forms completed and approved thereunder, or a petition for bankruptcy is filed by or against you, then, to the extent permitted by applicable law, Service Provider shall have the right to exercise one or more of the following remedies: (a) To declare the entire amount of the unpaid total purchase price due and payable plus all service fees that would otherwise come due for the remainder of the Term of Service, together with interest thereon at the lesser of 18% per annum or the then highest allowable legal rate per annum; (b) Without demand or legal process, you authorize Service Provider's agents to enter into the premises where the Products may be found and take possession and remove the same and you specifically waive any claim or right of action for trespass or damages in connection with Service Provider's exercise of such right. Service Provider shall have the right to sell, lease or retain the Products in complete or partial satisfaction of any outstanding claim and to retain all prior payments in respect of the purchase price or Products and previously accrued service fees. Notwithstanding the taking of possession by Service Provider of the Products, you shall remain liable for the total purchase price for the Products and all service fees that would otherwise come due for the remainder of the Term of Service; and/or (c) To terminate this Agreement as to any or all of the Order Forms. All remedies of Service Provider hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or consecutively and jointly or severally, and the exercise of any one remedy shall not be deemed to be an election of such remedy to preclude the exercise of any other remedy. No failure on the part of Service Provider to exercise, and no delay in exercising any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by Service Provider of any right or remedy hereunder preclude any other or further exercise of any partially exercised right or remedy.
CANCELLATION
All purchases are non-refundable. You can cancel your subscription at
any time by contacting us using the
contact information provided below. Your cancellation will take effect
at the end of the current paid term.
If you are unsatisfied with our services, write to: In-Quiz-It
Software, Inc. P.O. Box 1594, DeSoto, TX 75123-1594 /please email us at DERichardson@InQuizItSoftware.com or call us at (972) 938-7280.
SOFTWARE
We may include software for use in connection with our services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Terms of Use.
Any Software and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any Software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Use.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- use a buying agent or purchasing agent to make purchases on the Site.
- use the Site to advertise or offer to sell goods and services.
- circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- engage in unauthorized framing of or linking to the Site.
- trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
- make improper use of our support services or submit false reports of abuse or misconduct.
- engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- attempt to impersonate another user or person or use the username of another user.
- sell or otherwise transfer your profile.
- use any information obtained from the Site in order to harass, abuse, or harm another person.
- use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- delete the copyright or other proprietary rights notice from any Content.
- copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and may
provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personally identifiable information or other material (collectively,
"Contributions").
Contributions will be viewable by other users of the Site and through
third-party websites. As such, any Contributions you transmit may be
treated as non-confidential and non-proprietary. When you create or make
available any Contribution, you represent and warrant that:
the creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
- you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
- your Contributions are not false, inaccurate, or misleading.
- your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- your Contributions do not violate any applicable law, regulation, or rule.
- your Contributions do not violate the privacy or publicity rights of any third party.
- your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these
Terms of Use and may result in, among other things, termination or
suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you
automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, revocable,
non-exclusive, non-transferable, royalty-free, fully-paid, worldwide
right, and license to host, use (in connection with providing you
service), publish, broadcast, re-title, archive, store, cache, reformat,
translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for
any purpose necessary in providing you with service, commercial, or
otherwise, such Contributions, and grant and authorize sub-licenses of
the foregoing. The use and distribution may occur in any media formats
and through any media channels.
This license will apply to any form, media, or technology now known
or hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any
Contributions to place them in more appropriate locations on the Site;
and (3) to pre-screen or delete any Contributions at any time and for
any reason, without notice. We have no obligation to monitor your
Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings.
When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and (8) you
may not organize a campaign encouraging others to post reviews, whether
positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We
have absolutely no obligation to screen reviews or to delete reviews,
even if anyone considers reviews objectionable or inaccurate. Reviews
are not endorsed by us, and do not necessarily represent our opinions or
the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review,
you hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free, fully-paid, assignable, and sub-licensable right and
license to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we grant you a
revocable, non-exclusive, non-transferable, limited right to install and
use the mobile application on wireless electronic devices owned or
controlled by you, and to access and use the mobile application on such
devices strictly in accordance with the terms and conditions of this
mobile application license contained in these Terms of Use.
You shall not:
(1) de-compile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our
other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices
for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained
from either the Apple Store or Google Play (each an "App Distributor")
to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor's terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
(6) you acknowledge and agree that the App Distributors are
third-party beneficiaries of the terms and conditions in this mobile
application license contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to have accepted the
right) to enforce the terms and conditions in this mobile application
license contained in these Terms of Use against you as a third-party
beneficiary thereof.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account
with online accounts you have with third-party service providers (each
such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Site; or (2) allowing
us to access your Third-Party Account, as is permitted under the
applicable terms and conditions that govern your use of each Third-Party
Account.
You represent and warrant that you are entitled to disclose your
Third-Party Account login information to us and/or grant us access to
your Third-Party Account, without breach by you of any of the terms and
conditions that govern your use of the applicable Third-Party Account,
and without obligating us to pay any fees or making us subject to any
usage limitations imposed by the third-party service provider of the
Third-Party Account. By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if
applicable) any content that you have provided to and stored in your
Third-Party Account (the "Social Network Content") so that it is
available on and through the Site via your account, including without
limitation any friend lists and (2) we may submit to and receive from
your Third-Party Account additional information to the extent you are
notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the
privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party
Accounts may be available on and through your account on the Site.
Please note that if a Third-Party Account or associated service becomes
unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no
longer be available on and through the Site.
You will have the ability to disable the connection between your
account on the Site and your Third-Party Accounts at any time. PLEASE
NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any
purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network
Content. You acknowledge and agree that we may access your email address
book associated with a Third-Party Account and your contacts list
stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered
to use the Site.
You can deactivate the connection between the Site and your
Third-Party Account by contacting us using the contact information below
or through your account settings (if applicable). We will attempt to
delete any information stored on our servers that was obtained through
such Third-Party Account, except the username and profile picture that
become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole
property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you
hereby warrant that any such Submissions are original with you or that
you have the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other
websites ("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party
Websites accessed through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including the content,
accuracy, offensiveness, opinions, reliability, privacy practices, or
other policies of or contained in the Third-Party Websites or the
Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of
any Third-Party Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Site
and access the Third-Party Websites or to use or install any Third-Party
Content, you do so at your own risk, and you should be aware these
Terms of Use no longer govern.
You should review the applicable terms and policies, including
privacy and data gathering practices, of any website to which you
navigate from the Site or relating to any applications you use or
install from the Site. Any purchases you make through Third-Party
Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or
services offered on Third-Party Websites and you shall hold us harmless
from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by
you or harm caused to you relating to or resulting in any way from any
Third-Party Content or any contact with Third-Party Websites.
ADVERTISERS
We DO NOT allow advertisers to display their advertisements and other
information in certain areas of the Site, such as sidebar
advertisements or banner advertisements.
U.S. GOVERNMENT RIGHTS
Our services are "commercial items" as defined in Federal Acquisition
Regulation ("FAR") 2.101. If our services are acquired by or on behalf
of any agency not within the Department of Defense ("DOD"), our services
are subject to the terms of these Terms of Use in accordance with FAR
12.212 (for computer software) and FAR 12.211 (for technical data).
If our services are acquired by or on behalf of any agency within the
Department of Defense, our services are subject to the terms of these
Terms of Use in accordance with Defense Federal Acquisition Regulation
("DFARS") 227.7202-3.
In addition, DFARS 252.227-7015 applies to technical data acquired by
the DOD. This U.S. Government Rights clause is in lieu of, and
supersedes, any other FAR, DFARS, or other clause or provision that
addresses government rights in computer software or technical data under
these Terms of Use.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the
Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted
on the Site. By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms of Use. Please be advised
the Site is hosted in the United States.
If you access the Site from the European Union, Asia, or any other
region of the world with laws or other requirements governing personal
data collection, use, or disclosure that differ from applicable laws in
the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you expressly consent
to have your data transferred to and processed in the United States.
Further, we do not knowingly accept, request, or solicit information
from children or knowingly market to children. Therefore, in accordance
with the U.S. Children's Online Privacy Protection Act, if we receive
actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent,
we will delete that information from the Site as quickly as is
reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify our Designated
Copyright Agent using the contact information provided below (a
"Notification").
A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised
that pursuant to federal law you may be held liable for damages if you
make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Site infringes your
copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly
infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
(5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from
the Site as a result of a mistake or mis-identification, you may submit a
written counter notification to [us/our Designated Copyright Agent]
using the contact information provided below (a "Counter Notification").
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled
and the location at which the material appeared before it was removed or
disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the Notification or the party's agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the
requirements described above, we will restore your removed or disabled
material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to
restrain you from engaging in infringing activity related to the
material in question.
Please note that if you materially misrepresent that the disabled or
removed content was removed by mistake or mis-identification, you may be
liable for damages, including costs and attorney's fees. Filing a false
Counter Notification constitutes perjury.
Designated Copyright Agent
In-Quiz-It Software, Inc.
Attn: Copyright Agent
23211 N. Hatch Rd.
Colbert, WA 99005
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe
that any material available on or through the Site infringes upon any
copyright you own or control, please immediately notify us using the
contact information provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable
for damages if you make material misrepresentations in a Notification.
Thus, if you are not sure that material located on or linked to by the
Site infringes your copyright, you should consider first contacting an
attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you
use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your name, a
fake or borrowed name, or the name of any third party, even if you may
be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
Upon service termination and at users request, any data submitted to site as defined in "USER DATA" below, shall be transferred to user in current electronic form, providing the service maintenance fees and any other outstanding fees for hardware or services are paid in full. Upon transfer all copies of user data, whether active databases or backup databases, shall be removed from In-Quiz-It Software Servers.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Site. We also reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or for any reason
without notice to you.
You agree that we have no liability whatsoever for any loss, damage,
or inconvenience caused by your inability to access or use the Site
during any downtime or discontinuance of the Site. Nothing in these
Terms of Use will be construed to obligate us to maintain and support
the Site or to supply any corrections, updates, or releases in
connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and
construed in accordance with the laws of the State of Texas applicable to
agreements made and to be entirely performed within the
State/Commonwealth of Texas, without regard to its conflict of law
principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each a "Dispute"
and collectively, the "Disputes") brought by either you or us
(individually, a "Party" and collectively, the "Parties"), the Parties
agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least (60) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded
below) will be finally and exclusively resolved by binding arbitration.
YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO
SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA's
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall
be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator
will make a decision in writing, but need not provide a statement of
reasons unless requested by either Party. The arbitrator must follow
applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Dallas County,
Texas. Except as otherwise provided herein, the Parties may litigate in
court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the Dispute shall be commenced or prosecuted in the state
and federal courts located in Dallas County, Texas, and the Parties
hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and
jurisdiction in such state and federal courts. Application of the United
Nations Convention on Contracts for the International Sale of Goods and
the the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any
way to the Site be commenced more than (1) years after the cause of
action arose. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and
such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree
to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent permitted
by law, (a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there
is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations and binding
arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction within the
courts listed for jurisdiction above, and the Parties agree to submit
to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical
errors, inaccuracies, or omissions, including descriptions, pricing,
availability, and various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update
the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY
WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS
OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSOR OF] [THE AMOUNT
PAID, IF ANY, BY YOU TO US DURING THE (6) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING . CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys' fees and expenses,
made by any third party due to or arising out of: (1) your
Contributions; (2) use of the Site; (3) breach of these Terms of Use;
(4) any breach of your representations and warranties set forth in these
Terms of Use; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6) any
overt harmful act toward any other user of the Site with whom you
connected via the Site.
Notwithstanding the foregoing, we reserve 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, at your
expense, with our defense of such claims. We will use reasonable efforts
to notify you of any such claim, action, or proceeding which is subject
to this indemnification upon becoming aware of it.
USER DATA
User data, for the purpose of this agreement, shall mean any data that the user collects or transmits to the site in the act of conducting, administering or otherwise providing pest control services. In the event the data ownership is contested by any party, this agreement shall supersede. In-Quiz-It Software considers the data ownership to be that of the user/company for which payment is being received from or on behalf of.
We will maintain certain data that you transmit to the Site for the
purpose of managing the performance of the Site, as well as data
relating to your use of the Site. Although we perform regular routine
backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the
Site.
You agree that we shall have no liability to you for any loss or
corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures,
and other communications we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such communication
be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR
VIA THE SITE.
You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other
than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us
on the Site or in respect to the Site constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use operate to the
fullest extent permissible by law. We may assign any or all of our
rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or
part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforce-ability of any remaining
provisions.
There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be
construed against us by virtue of having drafted them. You hereby waive
any and all defenses you may have based on the electronic form of these
Terms of Use and the lack of signing by the parties hereto to execute
these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive
further information regarding use of the Site, please contact us at:
In-Quiz-It Software, Inc.
1206 N. Circle Creek
Waxahachie, TX 75165
(972) 938-7280
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