Questify
Terms of Service Agreement
Last Updated: May 20, 2021
WELCOME TO QUESTIFY! PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT, INCLUDING ANY APPLICABLE SUPPLEMENTAL TERMS (AS DEFINED HEREIN) INCORPORATED HEREIN, IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND QUESTIFY INC. (“QUESTIFY,” “WE” OR “US”).
SECTION 16 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT
REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL,
NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD
OF IN COURT. SEE SECTION 16 FOR MORE INFORMATION REGARDING THIS
ARBITRATION CLAUSE, AND HOW TO OPT OUT.
By accessing or using questify.co, or any other website
(“Website”) or mobile application (“Application”)
with an authorized link to this Agreement (together, any Website and
Application, the “Platform”), registering an account or
accessing or using any content, information, services, features or
resources available or enabled via the Platform (collectively, the
“Services”), or clicking on a button or taking another
action to signify your acceptance of this Agreement, you: (1) agree
to be bound by this Agreement and any future amendments and additions
to this Agreement as published through the Services; (2) represent
you are of legal age in your jurisdiction of residence to form a
binding contract; and (3) represent that you have the authority to
enter into this Agreement personally and, if applicable, on behalf of
any company, organization or other legal entity on whose behalf you
use the Services. THE TERM “YOU” REFERS TO THE INDIVIDUAL
OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS USER WHEN YOU
REGISTERED ON THE SERVICES, WHETHER AS A DONOR, ATHLETE, CHARITY, OR
ANY ORGANIZATION. Except as otherwise
provided herein, if you do not agree to be bound by this Agreement,
you may not access or use the Services.
Your use of the Services may be subject to any additional terms, conditions and policies (“Supplemental Terms”); we will separately post such Supplemental Terms on the Services or will present them to you for your acceptance when you sign up for a particular Service. The Supplemental Terms applicable to you are incorporated by reference into this Agreement. To the extent there is any conflict between the terms set forth here and the Supplemental Terms, the Supplemental Terms will control with respect to the Services or feature to which the Supplemental Terms relate.
Subject to Section 16.9 of this Agreement, Questify reserves the right to modify this Agreement, including the Supplemental Terms, or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
HOW THE PLATFORM AND SERVICES WORK.
The Platform helps to connect athletes who will participate in epic physical challenges (each, an “Athlete”) in order to raise funds for charitable organizations (each, a “Quest”) with donors who wish to donate to support such Quests (each, a “Donor”). Athletes on the Platform have the ability to invite their friends, individuals in their social media network and others to access and use the Platform to participate in and/or donate to the Quest. Athletes designate one or more charitable organizations (each, a “Charity”) that they request to receive fundraising proceeds from the Donors as a result of the Athlete’s Quest. Charities enter into a separate services agreements with Questify to gain access to the Platform.
QUESTIFY FOR ATHLETES.
The Services are offered to help Athletes raise money for Charities through Quests. Questify merely provides the technology to allow Athletes to connect with Donors. The existence of the Services is not a solicitation of donations by Questify, and Questify does not engage in any solicitation activities, or consult on the solicitation of donations from the public, on behalf of any individual, entity, or organization. By using the Services, you understand and agree that Questify shall not be responsible for the use of your donations or the amount of funds raised for the Quest.
Athletes will have the opportunity to submit Quests on the Platform and to identify Charities for which the Athletes would like to raise money in connection with those Quests. The Quests will be mileage goals identified by each Athlete. Users will have the opportunity to make Donations in support of the Charities identified by the Athletes. These Donations may either be (i) fixed amount Donations, or (ii) a per mile/kilometer Donation based on an Athlete’s mileage during a specified period of a Quest, up to a maximum Donation amount.
All miles (e.g., running, walking, hiking, biking and swimming), as long as they are recorded on your Garmin, Strava or Fitbit, are eligible. Athletes must provide true, accurate, current and complete information regarding miles for their Quests. If Athlete provides any information that is inaccurate, untrue, not current or incomplete, the Athlete’s account may be rejected, suspended or terminated without reason and without notice.
QUESTIFY FOR DONORS.
Questify provides Users the opportunity to become a Donor in support of Charities identified by Athletes for a particular Quest. A Donor can make a Donation of any amount, subject to a specified minimum Donation amount. Donations may either be, as determined by Donor, (i) fixed amount Donations, or (ii) a per mile/kilometer Donation based on an Athlete’s mileage during a specified period of a Quest, up to a maximum Donation amount. Fixe amount Donations will be processed immediately by Questify; per mile/kilometer Donations upon completion of the Quest. Donations are final and will not be refunded by Questify.
Questify has partnered with Charity on Top Foundation (the “Fiscal Sponsor”) to make donating to the Charities identified by the Athletes easy. At the time the donation is made, your donation will be made to Fiscal Sponsor, a 501(c)(3) charity. Fiscal Sponsor receives donations from Users as the charity of record and then grants the funds to the Donor-recommended 501(c)(3) charities within 90 days of receipt of your donation. When Fiscal Sponsor receives your donation, it will forward the donation to the Charity that you chose, but Fiscal Sponsor will appear on your tax receipt. While Fiscal Sponsor will use multiple attempts to grant the donated funds according to the Donor’s identified preference, Fiscal Sponsor retains exclusive control over all donations. If a Charity fails to meet Fiscal Sponsor’s policies for receiving a donation, Fiscal Sponsor may reassign the funds to a similar charity in accordance with its reassignment policy or will consult with the applicable Athlete regarding an alternative charity. Donations made to the Fiscal Sponsor are governed by the Charity on Top Foundation’s Privacy Policy and Terms of Service.
Donors must provide Questify with any information necessary to enable Charity on Top to issue an official donation receipt. Donor acknowledges and agrees that, in accordance with Questify’s Privacy Policy, certain of Donor’s personal information will be shared with Fiscal Sponsor and the Charity to which such Donor makes a donation and may be used by such Charity in accordance with the Charity’s Privacy Policy. Questify is not responsible for any Charity’s use of any Donor information and will not be responsible for any liability resulting therefrom.
Questify Disclaimer
Questify facilitates the Quests and permits Athletes and Donors to make donations to these Charities through the Quests. Questify is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation. All information and content provided by Questify is for informational purposes only, and Questify does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Questify does not endorse any organization, recipient, or cause, and we make no guarantee, express or implied, that any information provided through the Services is accurate.
Questify has no control over the conduct of, or any information provided by, a User and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that any Charity will obtain a certain amount of Donations or any Donations at all. We do not endorse any Athlete, Quest, Charity, User, or cause and we make no guarantee, express or implied, that any information provided through the Services is accurate. We expressly disclaim any liability or responsibility for the outcome or success of any Quest. You, as an Athlete or a Donor, must make the final determination as to the value and appropriateness of donating to any Quest. Before making any decisions regarding any donations or any information or content relating to the Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you using the Services is at your own risk.
FEES AND DONATION TERMS.
Payment Terms for Athletes and Donors. The Platform allows Athletes and Donors to make donations to Charities in connection with Athlete Quests (each, a “Donation”). If making a Donation on the Platform, you agree to pay all owed fees or charges in accordance with the billing terms in effect at the time a fee or charge is due and payable and to provide Questify and/or its Fiscal Sponsor with a valid credit card (Visa, MasterCard, or any other issuer accepted by us), Apple Pay or PayPal account (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not this Agreement to determine your rights and liabilities. By providing Questify and/or its Fiscal Sponsor with your credit card number or PayPal account and associated payment information, you agree that Questify is authorized to immediately invoice you, or invoice you following the completion of the relevant Quest, for all fees and charges due and payable to Questify hereunder and that no additional notice or consent is required. You agree to immediately notify Questify or its Fiscal Sponsor of any change in your billing address or the credit card, Apple Pay or PayPal account used for payment hereunder. Questify reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Services or by e-mail delivery to you.
Payments to Charities. Charities acknowledge and agree that Questify is entitled to collect the Donations (as defined above) itself or using a third party to to use a third-party payment processor as set forth in Section 2.3,. Prior to remitting Charity’s portion of such Donation, Questify or its Fiscal Sponsor will deduct (a) any App Store fees, (b) credit card and payment processing fees associated with payments received from Athletes or Donors, and (c) any fees due to the Fiscal Sponsor (the “Payment Processor Fee”); provided, however, that Athletes and Donors have the option to cover such Payment Processor Fee at the time of their Donations. Athletes and Donors also have the option to provide Questify with support by “tipping” Questify in an amount of the User’s choosing. Questify and/or its Fiscal Sponsor will then remit the remaining amount of the Donation, minus the Payment Processor Fee, to the Charity.
Third-Party Payment Processor. Questify is not a payment processor and does not hold any Funds. In order to donate to a Charity, a Donor will be required to provide Fiscal Sponsor with information regarding its credit card or other payment instrument. Fiscal Sponsor uses third-party payment processing partners to bill you through the payment instrument you provide for any donation you make, and Donors acknowledge that by donating a donation to a Charity, the Donor agrees to the processing, use, transfer or disclosure of data and payment information by Fiscal Sponsor’s payment processor (currently Stripe, Inc.) pursuant to any and all applicable terms set forth by any payment partner, in addition to this Agreement, Stripe’s Services Agreement and Privacy Policy.
Tax Deductibility. Donations made to or through Questify and the Services may not be tax deductible, now or in the future. Please work with your tax advisor to determine whether some or all of your donation is or will be tax deductible. Questify makes no representation as to whether all or any portion of your Donations are tax deductible or eligible for tax credits. Questify will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, if any.
USE OF THE SERVICES.
Services. The Services, and any parts thereof, are protected by copyright laws throughout the world. Subject to this Agreement, Questify grants you the right to access and use the features and functionality of the Services, as well as a limited license to reproduce portions of Services for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Questify in a separate license, your right to use any part of the Services is subject to the Agreement.
Application License. Subject to your compliance with the Agreement, Questify grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Updates. You understand that the Services are evolving. You acknowledge and agree that Questify may update the Services with or without notifying you. You may need to update third-party software from time to time in order to use the Services.
Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services, including the Platform, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Services (including images, text, page layout or form) of Questify; (c) you shall not use any metatags or other “hidden text” using Questify’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services. Any future release, update or other addition to the Services shall be subject to the Agreement. Questify, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Service terminates the licenses granted by Questify pursuant to the Agreement.
Third-Party Materials. As a part of the Services, you may have access to materials that are hosted by another party. You agree that it is impossible for Questify to monitor such materials and that you access these materials at your own risk.
REGISTRATION.
Registering Your Account. In order to access certain features of the Services, you must register for an Account (as defined below) with Questify or be invited to use the Services by a Registered User. You may use your Account to invite a set number of other Users. For purposes of the Agreement, a “Registered User” is any user who has registered an account on the Platform (“Account”).
Access Through a SNS. If you access the Services through a social networking service (“SNS”) as part of the functionality of the Services, you may link your Account with any other SNS account through which you have connected to the Services (each, a “Third-Party Account”), by allowing Questify 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 that you are entitled to disclose your Third-Party Account login information to Questify and/or grant Questify access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Questify to pay any fees or making Questify subject to any usage limitations imposed by such third-party service providers. By granting Questify access to any Third-Party Accounts, you understand that Questify may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Services (collectively, “Content”) that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Services via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be Your Content (as defined in Section 4.1) for all purposes of the Agreement. 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 Services. Please note that if a Third-Party Account or associated service becomes unavailable or Questify’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Website. 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, AND QUESTIFY DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Questify makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Questify is not responsible for any SNS Content.
Registration Data. In registering an Account, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are at least thirteen (13) years old; of legal age to form a binding contract; and not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Services by minors. You may not share your Account or password with anyone, and you agree to (y) notify Questify immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Questify has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Questify has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Questify reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Questify, or if you have been previously banned from any of the Services.
Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Services, including but not limited to, a mobile device that is suitable to connect with and use Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Services.
RESPONSIBILITY FOR CONTENT.
Types of Content. You acknowledge that all content, including the Services, is the sole responsibility of the party from whom such content originated. This means that you, and not Questify, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Services, including if you are an Influencer, the Influencer Content (“Your Content”), and that you and other Users of the Services, and not Questify, are similarly responsible for all content that you and they Make Available through the Services (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that Questify has no obligation to pre-screen Your Content or any User Content, although Questify reserves the right in its sole discretion to pre-screen, refuse or remove any such content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications or social media posts. In the event that Questify pre-screens, refuses or removes any of Your Consent or User Content, you acknowledge that Questify will do so for Questify’s benefit, not yours. Without limiting the foregoing, Questify shall have the right to remove any content that violates the Agreement or is otherwise objectionable.
Storage. Unless expressly agreed to by Questify in writing elsewhere, Questify has no obligation to store any of Your Content that you Make Available on the Services. Questify has no responsibility or liability for the deletion or accuracy of any content, including Your Content; the failure to store, transmit or receive transmission of content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. You agree that Questify retains the right to create reasonable limits on Questify’s use and storage of Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Platform and as otherwise determined by Questify in its sole discretion.
OWNERSHIP.
Services. Except with respect to Your Content and User Content, you agree that Questify and its suppliers own all rights, title and interest in the Services. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Services.
Trademarks. Questify and all related graphics, logos, service marks and trade names used on or in connection with any the Services or in connection with the Services are the trademarks of Questify and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any content that appears on or in the Services.
Your Content. Questify does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the Services, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. You grant Questify a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Services to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Services. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Questify, are responsible for all of Your Content that you Make Available on or in The Services.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Questify through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Questify has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Questify a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services and/or Questify’s business.
USER CONDUCT. As a condition of your use of the Services, you agree not to use the Services for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) either take any action or Make Available any content on or through the Services that: (a) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (b) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (c) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (d) involves commercial activities and/or sales without Questify’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (e) impersonates any person or entity, including any employee or representative of Questify; (f) interferes with or attempt to interfere with the proper functioning of the Services or uses the Services in any way not expressly permitted by the Agreement; or (g) attempts to engage in or engage in, any potentially harmful acts that are directed against the Services, including but not limited to violating or attempting to violate any security features of the Services, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Services, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the Services.
INVESTIGATIONS. Questify may, but is not obligated to, monitor or review the Services or content at any time. Without limiting the foregoing, Questify shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such content violates the Agreement or any applicable law. Although Questify does not generally monitor user activity occurring in connection with the Services or content, if Questify becomes aware of any possible violations by you of any provision of the Agreement, Questify reserves the right to investigate such violations, and Questify may, at its sole discretion, immediately terminate your license to use the Services, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
THIRD-PARTY SERVICES.
Third-Party Websites, Applications and Ads. The Services may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Questify. Questify is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Questify provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Platform, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that the Agreement is between you and Questify and not with the App Store. Questify, not the App Store, is solely responsible for Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Service, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Agreement is concluded between you and Questify only, and not Apple, and (ii) Questify, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Questify and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Questify.
You and Questify acknowledge that, as between Questify and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Questify acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Questify and Apple, Questify, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
You and Questify acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
INDEMNIFICATION. You agree to indemnify and hold Questify, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Questify Party” and collectively, the “Questify Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any Service; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any other User; or (e) your violation of any applicable laws, rules or regulations. Questify reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Questify in asserting any available defenses. This provision does not require you to indemnify any of the Questify Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. QUESTIFY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PLATFORM.
QUESTIFY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. QUESTIFY MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT QUESTIFY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD QUESTIFY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Donation Disclaimer. All Donations are made at your own risk. When you make a Donation through the Services, it is your responsibility to understand how your money will be used. Questify is not responsible for any offers, promises, rewards or promotions made or offered by Athletes or Quests. We do not and cannot verify the information that Athletes (including with respect to Quests) or Charities supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by an Athlete or Quest or in accordance with applicable laws.
No Representation Regarding Tax Characterization of Donation. Questify makes no representation as to whether all or any portion of your Donations, including, if any, Payment Processor Fees, are tax deductible or eligible for tax credits. Questify will have no liability for any claim by any federal, state, provincial, territorial, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any User or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible or eligible for tax recognition, having regard to (among other things) the tax status of the recipient of any Donation in any relevant jurisdiction, and particularly if you are awarded a gift or prize in connection with your Donation.
LIMITATION OF LIABILITY.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL QUESTIFY PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT QUESTIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A QUESTIFY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A QUESTIFY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A QUESTIFY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL QUESTIFY PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO QUESTIFY BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A QUESTIFY PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A QUESTIFY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A QUESTIFY PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
User Content. EXCEPT FOR QUESTIFY’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE QUESTIFY’S PRIVACY POLICY, QUESTIFY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUESTIFY AND YOU.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is Questify’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Questify by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Questify’s Copyright Agent for notice of claims of copyright infringement is as follows: [Dustin Chiang, 122 E FOOTHILL BLVD STE A BOX 316 ARCADIA, CA 91006].
TERMINATION. At its sole discretion, Questify may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, Questify reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to Questify will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, and 17.
INTERNATIONAL USERS. The Services can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that Questify intends to announce such Services or Content in your country. The Services are controlled and offered by Questify from its facilities in the United States of America. Questify makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Questify and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with Questify, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or Questify may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent: Cogency Global Inc., 850 New Burton Road, Suite 201, Dover, Delaware 19904. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Questify will pay them for you. In addition, Questify will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Questify. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND QUESTIFY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Questify are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 16.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of Delaware. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: contact@questify.ai, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Questify username (if any), the email address you used to set up your Questify account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in Section 16.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Questify.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Questify makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Questify at the following address: Questify Inc., contact@questify.ai .
GENERAL PROVISIONS.
Electronic Communications. The communications between you and Questify may take place via electronic means, whether you visit the Services or send Questify e-mails, or whether Questify posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Questify in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Questify provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You hereby release Questify Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Questify Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Platform.
Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Questify’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. Questify shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact us at: contact@questify.ai . We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Governing Law. THE AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Notice. Where Questify requires that you provide an e-mail address, you are responsible for providing Questify with your most current e-mail address. In the event that the last e-mail address you provided to Questify is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, Questify’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Questify at the following address: 122 E Foothill Blvd., #A316, Arcadia, CA 91006. Such notice shall be deemed given when received by Questify by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (y) 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 (z) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Questify are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Questify products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.