These Terms are entered into by and between you and QueRank. These Terms govern your use of QueRank.com and related websites, which are comprised of various URLs and web pages operated by QueRank (collectively, the “Site”), and any other services, products, software, programs, and applications provided by QueRank, including without limitation any smartphone applications and any other services accessible using a mobile device or application programming interface (collectively, the “Services”). By using the Site and the Services, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
It is advised to read these terms carefully as they contain important information regarding your legal rights, remedies and obligations.
MODIFICATIONS TO THE TERMS
DESCRIPTION OF SERVICE
QueRank is a question and answer service website. It is supported by a community of users collaboratively creating a growing database of user generated questions and answers. This service enables a user to create questions that can have short text based answers or photo answers; answers are ranked and organized by our community and registered users can submit new answers to questions that permit user interaction. The site also provides users with access to a large collection of data, including but not limited to, question libraries, data sets, and comments.
QueRank provides certain Services and content, which include, but are not limited to, any Service and content QueRank performs for you, in addition to the offering of any materials displayed, transmitted or performed on QueRank or through the Services (including, but not limited to: submissions, text submissions, contextual input, user comments, messages, other inputs, posts, information, data, graphics, news articles, photographs and images, illustrations, software, audio clips, and video clips, also known as the "Content"). QueRank may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. QueRank may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability.
You may not post, submit, input, comment, transmit, or share user Content on QueRank that you did not create or that you do not have permission to post or submit. You understand and agree that QueRank may, but is not obligated to, review the site and may delete or remove (without notice) any site Content or user Content in its sole discretion, for any reason or no reason, including user Content that in the sole judgment of QueRank violates this Agreement or the Content, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any user Content you post or store on QueRank or provide to us.
When you post user Content to QueRank, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the user Content on QueRank. By posting user Content to any part of QueRank, you automatically grant, and you represent and warrant that you have the right to grant, to QueRank an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user Content for any purpose, commercial, advertising, or otherwise, on or in connection with QueRank or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user Content, and to grant and authorize sublicenses of the foregoing. You may not remove any submitted answer or listing (defined and referred to as a “Short Text Submission“), within a content or ranking table or its designated row, from QueRank at any time; any Short Text Submission submitted to QueRank for display in our content or ranking tables is not removable by user request or the request of any third-party unless QueRank deems the content inappropriate. The option to edit, correct, or flag a Short Text Submissions is pending. The resulting consequence is in a license granted above that will automatically expire, and conversely, you acknowledge that QueRank may retain archived copies of your user Content. QueRank does not assert any ownership over your user Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your user Content and any intellectual property rights or other proprietary rights associated with your user Content.
MODIFICATIONS TO THE SERVICES
QueRank reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that QueRank shall not be liable to you or to any third party for any such modification, suspension or discontinuance.
Your use of QueRank is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name, password, and/or internet protocol address. You shall not use, allow, or enable others to use QueRank, or knowingly condone use of QueRank by others, in any manner that is, attempts to, or is likely to be: libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else, affect us adversely, or reflect negatively on us, QueRank, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of QueRank, or from advertising, linking or becoming a supplier to us in connection with QueRank; send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or commonly "spamming" and "phishing"; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to QueRank, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to QueRank or to use QueRank in any manner which violates or is inconsistent with the terms and conditions of this Agreement; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of QueRank or the rights or use and enjoyment of QueRank by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of QueRank, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
In addition, you must not do, or attempt to do, any of the following, as reasonably determined by QueRank, subject to applicable law: (i) reverse engineer, reverse assemble, decompile, or otherwise attempt to discover any source code or licensed software, application, games, or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site or Service; (ii) access or use the Site or Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms; (iii) access, tamper with, or use services or areas of the Site or Service that you are not authorized to access; (iv) alter information on or obtained from the Site or Service; (v) tamper with Postings, registration information, profiles, submissions or Content belonging to QueRank or other users of QueRank; (vi) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (vii) frame any part of the Site or Service, or link to the Site or Service, or otherwise make it seem as if you have a relationship with us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by QueRank; (viii) impersonate or misrepresent your affiliation with any person or entity; (ix) send to or otherwise impact us or the Site or Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or Service or any recipient; or (x) take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or damage, disable, overburden, or impair the Services, or otherwise interfere with the ordinary operation of the Service.
POSTINGS AND COMMENTS
By uploading, submitting, inputting, commenting, posting, or otherwise disclosing or distributing Content for display or inclusion on QueRank, you represent and warrant that you own all rights in the Content and you agree that the Content will be dedicated to the public domain.
Your comments, suggestions and information are important to us. Portions of QueRank may provide you and other users an opportunity to participate in crowd-sourced data directories and tables, open-data depositories, content tables, categorical sections, forum services, web communities and other message and communication facilities ("Communities") and may provide you with the opportunity, through such Communities or otherwise, to submit, post, input, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works, or other information, messages, transmissions or material to QueRank or other users (known as "Post" or collectively "Postings"). You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This denotes that you, the user, and not QueRank, are entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available by means of QueRank. Postings do not reflect the views of QueRank or our affiliates. We may censor or monitor some Postings at our discretion. We neither endorse, edit, or screen any Postings, although we reserve the right to do so, nor shall we be liable for any Posting that is in violation of the Terms. In no event shall QueRank, or our affiliates, have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; conversely, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: refuse to allow you to Post; remove and delete Postings; revoke your right to use QueRank; and/or; use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP (internet protocol) addresses or deactivating your account or registration on QueRank.
By submitting Postings to any of the Services, you grant us, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, and sub-licensable license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display the Postings (in whole or in part) and to incorporate the Postings into other works in any format or medium now or later known.
If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize QueRank, and their affiliates, to use such Posting in whole or in part, throughout the world, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant QueRank the right to use such Posting as described above; and (d) we have the right to delete, reformat and/or change your Posting in any manner that we may determine applicable and the user will not be held responsible for any such specific and circumstantial changes made to an original authorship.
You may not upload, post, submit, email, transmit, or otherwise make available any Postings that (i) contain falsehoods or misrepresentations that could damage QueRank or any third party; (ii) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (iii) contain advertisements, solicitations or spam; (iv) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (v) collect or store personal information about others or otherwise invade their privacy; (vi) impersonate another person or forge headers or use any other method to disguise the true origin of the Posting; or (vii) intentionally manipulate, modify, or increase the ranking of any Content or answer, listing, or comment, by an amount exceeding one for every twenty-four hour interval. Additionally, you may not submit any Postings that violate the Terms.
The deletion, cancellation, removal, or overwriting of any Content and Postings made by you at your discretion is managed circumstantially on a case by case basis; any Postings or Content selected to be deleted or removed by the user, as the author, from the Site and Services can execute this request by email to Privacy@QueRank.com. You must include the content entry or question title, which may include the content entry ID or URL, and verify your account credentials through the instructions provided to that email account in the return reply. If you have opted to delete, cancel, or permanently suspend your account, your previously published Content and Postings may be made available to our community under a site administered username and account as “QueRank,” “QueRank Anonymous,” or “Anonymous.” Your Content and Postings may be immediately unavailable upon the deletion or cancellation of your account and may resume or cease suspension of inactivity if some or all Content and Postings have been previously made available to a public audience and/or have submissions, including answers or listings, exceeding two-hundred rows and have votes, collectively for a table or content entry, exceeding ten-thousand. To permanently remove any Content or Postings from the Site and Services, you can do so by submitting a request to Privacy@QueRank.com. A period of review is required for all request orders submitted. Any personal or identifiable information, including usernames, provided to the Site and Services is never made publicly available in the event of deleting or canceling an account; any and all Content and Postings designated for a private audience is subject to permanent removal without exception upon the deletion or cancellation of your account. You understand, acknowledge, and agree, that any Content or Postings made, created, or submitted to the Site and Services can survive the process of removal if considered to be qualified to preserve in our discretion.
QueRank is still improving the process to more conveniently manage and remove your authored content.
The amount of storage space on QueRank per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
QueRank may include advertisements on the Services which are necessary for QueRank to provide the Services to its users free of charge. You may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (“Advertiser” or collectively the "Advertisers") such as our advertisers, sponsors, or promotional partners as a result of your use of QueRank. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). Your correspondence or business dealings with, or participation in promotions of, advertisers or third-party vendors found on or through the Site and Services, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third-party vendor. Any question(s), complaint(s), or claims should be directed to the appropriate advertiser or third-party vendor. Alll product reviews and ratings are informative for those choosing to buy and/or use them, and they do not guarantee any level of performance by a third-party vendor in any transaction. You agree that QueRank shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third-party vendors, product reviews, or ratings on the Site and Services.
Some of the Content on QueRank, or third-parties, does provide direct links that can or will redirect the user to other internet or world wide web websites or resources. QueRank has no control over such sites and resources, therefore you acknowledge and agree that QueRank is not responsible for the availability of such external sites and/or resources, and does not endorse, and is not responsible or liable for, any Content, products or other materials on or available from such sites or resources. You further acknowledge and agree that QueRank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services, available on or through any such site or resource. QueRank strongly encourages that every user search and study a website and its respective web address or uniform resource locator, via a Web search engine, before visiting and/or clicking any website link on our Site to ensure and/or determine the safeness and intent of the unvisited website.
Anyone linking to the Services must comply with the following guidelines and all applicable laws: a site that links to any Service; (i) may link to but not replicate any Service's Content; (ii) should not create a browser or border environment around any Service's Content; (iii) should not imply that QueRank is endorsing it or its products; (iv) should not misrepresent its relationship with QueRank or any Service; (v) should not present false information about QueRank or any Service; (vi) should not use any QueRank' trademarks, trade names, or logos without permission from QueRank; and (vii) should not contain content that is reasonably considered obscene, offensive, profane, defamatory, vulgar, indecent, sexually explicit or sexually suggestive, or otherwise unlawful.
The Site and the Services may contain advertisements, promotions, and links to external websites. Your correspondence or business dealings with, or participation in promotions of, other parties found on or through the Site and the Services are solely between you and such parties. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. You agree that QueRank is not responsible or liable for any loss or damage incurred as the result of any such dealings. QueRank does not endorse, and QueRank is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of the Site. QueRank is not responsible for the privacy practices or the content of other websites. For your protection, please refer to the terms of service and privacy policies of the respective websites. You acknowledge, understand and agree that QueRank shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other websites. QueRank shall not be liable for any errors or delays in the content, goods or services available on such other websites, or for any actions taken or not taken in reliance thereon.
QueRank is available only to individuals who are at least 13 years of age, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use our services. For users 13 and under, do not perform any contribution to QueRank in any manner or form unless consented and/or supervised by a legal guardian.
QueRank may terminate, cancel, or suspend any and all services and your QueRank account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the services will immediately cease, either temporarily or permanently, and your access may be temporarily or permanently banned from QueRank and our services. If you opt to terminate your QueRank account, you may simply discontinue using the services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
NOTICE OF SECURITY AND DAMAGES
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies.
No harvesting or dictionary attacks allowed: You may violate federal law if you: (i) initiate the transmission to QueRank computers or devices of a commercial electronic mail message (as defined in the U.S. "CAN-SPAM Act of 2003") that does not meet the message transmission requirements of that act; or (ii) assist in the origination of such messages through the provision or selection of addresses to which the messages will be transmitted.
If you send unsolicited commercial email or advertising, bulk email, spam, or chain letters (collectively, "unsolicited email or other communication") through the service, you acknowledge that you will have caused substantial harm to QueRank; the amount of the harm will be difficult to ascertain and as a reasonable estimation of such damages, you will pay the licensor an undetermined sum in U.S. dollars for each such unsolicited email or other communication.
We respect the intellectual property rights of others and requests that users of QueRank do the same. Please read our Copyright Notice for important information and disclosures relating to our protocols and processes of copyright infringement and resolution.
QueRank, QueRank.com, QR, and other QueRank graphics, logos, designs, page headers, button icons, scripts, and service names are registered service marks, trademarks, or trade dress of QueRank in the United States, and other selected countries. QueRank’s service marks, trademarks and trade dress may not be used, including as part of service marks or trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the QueRank toolbar or icon pack may be used by a partner and/or third party sites in connection with providing appropriate QueRank links to our Site. QueRank is the owner, licensee, or assignee of all legal right, title and interest in and to the Site and the Services, including any intellectual property relating to the Site and the Services which may include any registered or unregistered rights or any patent pending technology.
QueRank, and other Services names, trademarks and logos are trademarks of QueRank or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of QueRank. The trademarks, logos, and service marks not owned on behalf of QueRank and that are displayed on the Services are the registered or unregistered marks of their respective owners. No rights are granted by QueRank to use such marks, whether by implication, estoppels, or otherwise.
QueRank is the owner and licensee of all copyrights in and to the content, designs, information, text, software, HTML code, data, meta data, images and materials displayed on, or used in connection with, the Site and the Services (“Creative Content”). You expressly assign to QueRank any intellectual property rights that may result from your use of the Site or the Services, including but not limited to any copyright interest that you obtain in the work product that results from any communication that may take place between you and QueRank through your use of the Site or the Services (known as “Product“). By making any Creative Content or Product available through the Site or the Services, QueRank does not grant any license or other authorization to copy, use, reproduce, perform, display, or distribute its copyrightable material, or other intellectual property, except as provided herein. For purpose of clarification but not limitation, you may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any Creative Content and/or Product, unless you first obtain the written permission of QueRank. If you make use of any Creative Content and/or Product other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries (including applicable state laws).
QueRank, the QueRank logo, as well as other trademarks and logos and other names of QueRank’s products and services referenced on the Site are exclusively owned by QueRank. All other products, services, and company names mentioned on the Site are the trademarks of their respective owners. By placing them on the Site or within the Services, QueRank does not grant to you any license or other authorization to copy, reproduce, or use the trademarks or logos, except as provided herein.
These Terms, including any documents or external sections referenced herein, represent the entire understanding between you and QueRank regarding your relationship with QueRank and your use of the Site and the Services. These Terms shall not be construed against any party by reason of their preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and QueRank with respect to such subject matter.
Additional provisions to the Terms include the following:
The controlling language of the Terms is English. If you have received a translation into another language, it has been provided for your convenience only.
The headings and titles to the sections and subsections of the Terms are used for convenience only and shall have no substantive meaning, impact, or binding effect, on the interpretation of the Terms. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
Some Services may have additional or different terms related specifically to such Service only ("Service Terms"). The Service Terms are in addition to the general terms and conditions in the Terms. If there is any conflict between the Terms and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the Terms may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.
Limitations on Actions
Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the indemnified persons, there are no third-party beneficiaries of these Terms.
These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of QueRank. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of QueRank will be null and void. QueRank has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
If you are located outside the U.S.A., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use the Site and Services, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the Terms enforceable.
You agree to indemnify, defend and hold QueRank, its subsidiaries and affiliates, and any parent or affiliated companies or corporations, referred to as “Corporation,” and any of their affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by: (i) your Postings or other content you submit, post, upload, transmit, email, or otherwise make available through the Services; (ii) your use of or reliance on the Services; (iii) your connection to the Services; (iv) your violation of the Terms; (v) your violation of any rights of another party; or (vi) any disclosures made with your permission. QueRank or the Corporation reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with QueRank or the Corporation in the defense of any such claim, action, settlement or compromise negotiations, as requested by QueRank or the Corporation.
You acknowledge and agree that use of the Site and the Services are at your sole risk. You acknowledge that information transmitted through the internet, the Services or otherwise, is not secure.
QueRank or any of QueRank’s employees, subsidiaries, affiliates, agents, representatives, licensors, guides, or moderators and administrators (collectively, “Associates”) shall not be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or attorneys’ fees, or for lost data or lost profit, arising out of your use of the Site or the Services or inability to gain access to or use the Site or the Services or out of any breach of any warranty, even if QueRank or Associates have been advised of the possibility of such damages or such damages were foreseeable.
Your sole right and remedy with respect to any dispute with QueRank or any Associate is to cease using the Site or the Services. Due to the fact that some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages, in such states and jurisdictions liability is limited to the greatest extent permitted by law. If the foregoing limitations are unenforceable, you agree that QueRank’s liability to you under these terms shall not exceed one U.S. dollar (one monetary note).
The Site and the Services are controlled, operated and administered by QueRank from its servers and office within the United States. QueRank makes no warranty or representation that material available through the Site or the Services is legal, appropriate, or available for use outside the United States. If you access the Site or the Services from a location outside the United States, you are responsible for compliance with all applicable laws, and QueRank accepts no responsibility for such access.
You agree to defend, indemnify, and hold harmless QueRank and the Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys’ fees, arising in connection with use of the Site and the Services by you, or in connection with a violation or breach of these terms by you, including without limitation, your violation of any laws governing communications or intellectual property.
You acknowledge and agree that any and all disclaimers in these Terms and the provisions of these Terms reflect a fair and reasonable allocation of risk between QueRank and you.
DISCLAIMERS OF WARRANTY
You acknowledge that QueRank has no control over, and no duty to take any action regarding: which users gain access to QueRank or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release QueRank from all liability for you having acquired or not acquired Content through us. QueRank may contain, or direct you to sites, containing information that some people may find offensive or inappropriate. QueRank makes no representations concerning any content contained in or accessed through QueRank, and QueRank will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through QueRank.
QUERANK, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTEE OR ASSURANCE QUERANK WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.
QUERANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF QUERANK’S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of QueRank. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of QueRank, including, without limitation, Postings and materials associated with your use of QueRank.
Exclusion of Damages
To the maximum extent permitted by law, none of the indemnified persons are liable to you or any other person for indirect, incidental, punitive, exemplary, special, statutory, or consequential damages, lost profits, lost revenue, loss of data, loss of privacy, loss of goodwill or any other losses, even if advised of the possibility of such damages and even in the event of fault, tort (including negligence) or strict or product liability. Without limiting the foregoing, in no event will the aggregate liability to you of the indemnified persons exceed, in total, the amounts paid by you to us.
This Agreement is governed by the laws of the State of California, without regard to conflicts of law provisions, and you hereby consent to the exclusive personal jurisdiction of the state and federal courts in Los Angeles, California, USA, for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. The exclusive venue for such action shall be the United States District Court for the Central District of California in downtown Los Angeles. If such dispute does not fall within the jurisdiction of the United States federal courts, then the exclusive venue for such action shall be the Superior Court of the state of California, County of Los Angeles, in Los Angeles, California (USA). You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.
The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. It is recommended that you print a copy of these Terms for your records.
If any part or provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
The Terms, including any documents or external sections referenced herein, constitute the entire agreement between you and QueRank and govern your use of the Services, superseding any prior agreements between you and QueRank. These Terms and any policies and guidelines posted to the Service by QueRank comprise the entire agreement ("Entire Agreement") between you and QueRank with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
Except as otherwise provided in these Terms, QueRank will give you any notices by posting them on the Site. You authorize QueRank to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by QueRank via electronic mail, whether or not received by you. QueRank may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by QueRank to the address that you have most recently provided is an effective notice. With the exception of notices related to removal of licensed material and to copyright infringement (as described in the linked document "Copyright" and section Copyright), respectively, you must send us a notice by mailing it to our address for legal notices. Our office is located in the city of Los Angeles, County of Los Angeles, California, USA. For our direct mailing address and/or contact number, please email us directly at Legal@QueRank.com
Effective June 20, 2012