Conditions of Use
By using the Service, You represent that You are: (i) over the age of 18; (ii) using a mobile device that You own; (iii) the account holder for such mobile device; and (iv) authorized to send and receive SMS text messages on such mobile device. You further represent that You will comply with all applicable laws in connection with your use of QuestTM and the Service. If You do not meet any of the foregoing criteria, You must discontinue Your use of the Service immediately.
If any portion of the Service requires You to register, You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are responsible for updating such information as may be required from time to time and for any and all activities that occur under Your account.
You understand and agree that, in order to access and use the Service, You must provide QuestTM with Your mobile phone number. When you do so, You hereby represent that you are providing Us with accurate and complete information, including providing Your current mobile phone number and updating Us if Your mobile phone number changes.
You further understand and agree that, in order to provide certain aspects of the Service, QuestTM may periodically ask You to share certain data from Your contact list and/or the address book on Your mobile phone in order to find and keep track of the names and mobile phone numbers of other users of the Service and individuals assisting you with a quest, as well as to provide the “Community” portion of the Service (described in more detail under the heading “Community” below.) You hereby expressly authorize QuestTM to access, use and store any data You share from Your contact list and/or address book in order to provide the Service. You represent that You have proper authorization from each individual in Your contact list and/or address book to share their information for purposes of providing the Service to You.
You are solely responsible for the messages that You submit to QuestTM and that are displayed on the QuestTM Service. You must notify QuestTM immediately of any breach of security or unauthorized use of Your mobile phone in connection with the Service. Although QuestTM will not be liable for any losses caused by any unauthorized use of Your account, You may be liable for the losses of QuestTM or others due to such unauthorized use.
You understand and agree that, in order for QuestTM to provide the Service, QuestTM may share the mobile phone number that You provide to QuestTM with individuals, companies, QuestTM service providers and other third parties that form part of the QuestTM network. If You elect to use the Service, You hereby agree to exchange SMS text messages with QuestTM, individuals, companies, QuestTM service providers and other third parties that form part of the QuestTM network.
You acknowledge and agree that: (1) You have voluntarily elected to be part of QuestTM; (2) You have provided explicit consent to send and receive SMS text messages associated with the Service; and (3) You will not take any action against QuestTM, individuals, companies QuestTM service providers or other third parties that form part of the QuestTM network in connection with their providing SMS messages to You under CAN-SPAM, TCPA or any other applicable laws, rules or regulations regulating text message or marketing messages.
Message and data rates may apply to any interactions You have with QuestTM, individuals, companies, QuestTM service providers or other third parties that form part of the QuestTM network. To opt-out of any further communication from QuestTM, text “STOP” to 77577. To resume communications via QuestTM after You have opted-out, text “START” to 77577 You can obtain more information about how to opt-in or opt-out at any time by texting “HELP” to 77577.
QuestTM may from time to time as a condition of providing the Service require You to provide one or more additional consents to sending and/or receiving text messages via the Service, including, without limitation, Your consent to send and receive SMS messages with QuestTM, individuals, companies, QuestTM service providers and other third parties that form part of the QuestTM network. If You refuse to provide any consent or other similar confirmation requested by QuestTM from time to time, QuestTM may immediately terminate Your account and access to the Service without notice.
The mobile features or applications are not intended to provide telecommunications services, and You may not use them in any country that would deem QuestTM to be a telecommunications provider or a regulated entity as a result of Your use of the mobile features or applications in such country. QuestTM reserves the right to refuse to allow You to open an account or to limit the number of accounts You can establish on Your mobile device at its sole discretion.
You agree that You must provide at Your own expense any equipment, mobile devices, Internet connectivity and/or service plans You need to access and use the Service. QuestTM does not guarantee that the Service can be accessed on all devices or wireless service plans or that the Service is available in all geographic locations. You acknowledges that when You are using mobile features or applications, wireless carriers may charge fees for data, messaging and/or other wireless access. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS INCURRED TO ACCESS THE SERVICE FROM YOUR MOBILE DEVICES.
QuestTM is the sole owner of all the intellectual property rights in and to the Service, including, without limitation, any copyrights, trademarks, trade secrets and patents, and, to the extent permitted by applicable law, shall retain all ownership rights in and to any data transferred or received through the Service.
You may only use the Service as specifically authorized under this Agreement. Except as expressly permitted hereunder, You may not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Service. In addition, You shall not adapt or use any trademark, trade name, or domain name similar to or likely to be confused with that of QuestTM or take any other action that infringes or impairs Quest’s trademark or tradename rights. Any reproduction, redistribution or use of the Service not in accordance with the Agreement is expressly prohibited.
If You send photos to the Service, You grant QuestTM a worldwide license to reproduce, distribute and display such photos without further approval or compensation in connection with providing the Services to you.
If You send text or other content to the Service, to the extent legally permitted, You grant QuestTM an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to reproduce, distribute, modify, edit, display, adapt, sublicense and create derivative works from the content, for any commercial purposes, in any medium now existing or hereinafter developed, without further approval or compensation.
In addition, You agree that by submitting content to the Service, You hereby expressly permit QuestTM and any third party authorized by Quest, to identify You as the contributor of such content. You represent and warrant that You have all of the foregoing rights in such content necessary to grant to QuestTM and its subsidiaries, agents, contractors, licensees and successors in business the rights set forth herein.
You shall not use the Service for any purpose that is unlawful, unethical, prohibited by the Agreement or that could create liability for Quest. You must not use the Service in any manner that could damage, disable, overburden, or impair any QuestTM server, or the network(s) connected to any QuestTM server, or interfere with any other party's use and enjoyment of the Service. You shall not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to any QuestTM server or to the Service, through hacking, password mining or any other means. You shall not operate robots or spiders to scan Quest’s databases or web pages.
The Service contains message and communication functionality designed to enable You to communicate with others. You agree to use the Service only to post, send, and receive messages and material that are proper and permitted by applicable law, and will not:
- Violate any patent, trademark, trade secret, copyright, right to privacy, publicity, or other proprietary right of any party.
- Reverse engineer, decompile, disassemble or translate or otherwise attempt to derive the source code of any part of QuestTM systems.
- Use the Service in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise) or to commit fraud.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information.
- Send or otherwise make available any information or material that may constitute or encourage conduct that is a criminal offense or civil wrong,
- Impersonate any person or entity or make any false statements regarding any agency or affiliation with any entity or create a false identity.
- Send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material that is sent.
- Provide material support or resources (or conceal or disguise the nature, location, source or ownership of material support or resources) to any organization designated as a foreign terrorist organization by the U.S. government.
QuestTM is not responsible for monitoring, reviewing, endorsing, recommending, verifying, evaluating, warranting or guaranteeing any content that You or any other individual or third party provides via the Service. QuestTM shall not be deemed the provider of any responses that are shared with from a third party via the Service. However, We reserve the right to review content sent through the Service and to remove any content in Our sole discretion.
We do not control or endorse the content, messages or information found in the Service and, therefore, We specifically disclaim any liability with regard to such content, messages or information. You hereby acknowledge that QuestTM has no liability for any damages or injury arising from or related to the Service and/or any opinion, response, advice, prediction, recommendation, information, and/or other service provided or not provided by or through Quest or the Service. QuestTM does not guarantee that the Service will be uninterrupted or that it will be timely, secure or error-free.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE IS PROVIDED "AS IS" AND THAT YOU WILL THEREFORE NOT HAVE ANY CLAIM OR DEMAND AGAINST QUEST OR ANY QUEST AFFILIATES, SERVICE PROVIDERS, OR THIRD PARTIES THAT QUEST WORKS WITH, OR AGAINST ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO THE SERVICE. USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, QUEST HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY OR ACCURACY. QUEST IS UNDER NO OBLIGATION TO PROVIDE ANY SUPPORT FOR THE SERVICE, AND ANY SUPPORT OFFERED IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES. QUEST MAY DISCONTINUE THE SERVICE AT ANY TIME WITHOUT NOTICE.
We may terminate Your access to the Service at any time and without notice if You fail to comply with any of these TOU. You may delete Your registration with the QuestTM Service by texting “UNSUBSCRIBE” from the phone number you used to register. We may also modify or discontinue the Service at any time.
Indemnity and Limitation of Liability
You will defend, indemnify, and hold harmless Us, Our affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of the Service, your violation of this Agreement, or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. You also agree not to hold Us or any of the brands liable for any losses or damages that you may experience as a result of Your use of the Service.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THE AGREEMENT, IN NO EVENT SHALL WE OR OUR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
QuestTM facilitates interactions, conversations and prospective transactions via the Service between You and third parties, including individuals and third-party providers of products and services. While QuestTM facilitates these dialogs, which may be carried via the Service or on third-party websites and/or applications, QuestTM is neither the buyer nor the seller of the third-party providers’ products or services. QuestTM provides an intermediary platform for such third-party providers and You to interact, converse and complete potential transactions. Accordingly, the contract formed at the completion of a sale for these third-party products or services is solely between the third-party provider and You. QuestTM is not a party to this contract, nor assumes any responsibility arising out of or in connection with it, nor is it the third-party provider’s agent. The third-party provider is responsible for the sale of their products or provision of their services and for dealing with any of Your claims or any other issue arising out of or in connection with the contract between the third-party provider and You.
We are not responsible for reviewing, endorsing, recommending, verifying, evaluating, warranting or guaranteeing the qualifications, expertise, claims or background of any third party provider or any opinion, response, advice, prediction, recommendation, information or other service provided by any third-party provider. QuestTM accepts no liability for inaccuracies or misstatements about third-party products or services. This does not affect your statutory rights.
Through the QuestTM Service, users may choose to publicly interact with other QuestTM users (the “Community”) by making any of their open Quests available for the Community to respond to or by becoming an expert that responds or is available to respond to other users’ open Quests. Any information, data, text, software, graphics, photos, video, messages, or any other materials made available through the Community (collectively, "Data") is the sole responsibility of the person from whom such Data originated. If you elect to participate in the Community, other users may browse, view, and read the Data you submit and respond to it by sending you messages.
Users may rank experts based on how helpful such expert has been in their response to an open Quest. We are not responsible for and do not control such rankings. Users that choose to become experts can view and manage their profile, including their ranking and topics of expertise, or delete their expert registration by logging on to [link to be added]. Users that choose to become experts agree to allow other users to contact them through messages about their open Quests.
We may in Our sole discretion refuse, modify or delete any Data that We reasonably consider to violate the terms of the ToU or that We deem to be otherwise illegal, offensive, or indecent. We do not control or endorse the Data made available via the Community, nor do We guarantee the accuracy or integrity of such Data and as such, You bear all risk associated with reliance on such Data. We will not be liable in any way for any loss or damage (including but not limited to any loss or damage due to an error or omission of Ours) incurred as the result of the use, representation, or interpretation of any Data transmitted or made available through the Community.
By submitting Data to the Community, You grant Us a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Data (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
From time to time, We may make available additional third-party services that interact with the QuestTM Service (a “Third-Party Offering”). If You chooses to use a Third-Party Offering, You agree that We may share with and receive from the third-party provider messaging and other data as needed for the operation of such Third-Party Offering and that the third-party provider’s use of such data is governed by Your separate agreement with such third-party provider. Third-Party Offerings are not maintained, monitored, tested, controlled, endorsed or reviewed by Us, are governed by their own terms and conditions, and are not included within the definition of the Service under this Agreement. Third-Party Offerings may be discontinued at any time, with or without cause. For the avoidance of doubt, in no event shall We be required via the integration to permit, directly or indirectly, misuse of a party’s data or other intellectual property.
You assumes full responsibility for any damages, losses, costs or harms arising from the use of or inability to use such Third-Party Offerings. The applicable provider of any Third-Party Offering will be and remain responsible for their respective services, technologies and personnel, and all matters related thereto. We do not monitor or control the service limitation, suspension or termination of such technologies and/or services and specifically disclaim any liability with regard to such service limitation, suspension or termination. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE EXTENT PERMITTED BY LAW, ALL SUCH THIRD-PARTY OFFERING SERVICES ARE PROVIDED "AS IS" AND WE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND OTHER TERMS AND CONDITIONS WITH REGARD TO SUCH THIRD-PARTY OFFERINGS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
We may change or discontinue the Service or any part of it, at any time, with no notice to You and at Our sole discretion. The brands that You elect to communicate with via the Service are intended third-party beneficiaries that can enforce the terms of this Agreement. The Service is not intended for distribution to or use in any country where such distribution or use would violate local law or would subject Us to any regulations in another country. We reserve the right to limit our Service in any country. You will not use or download our Service if You are located in a restricted country, if You are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by applicable export laws, and You will not disguise Your location through IP proxying or other methods. Your use of the Service will be governed by the laws of the State of New York. All of Our rights and obligations under our TOU are freely assignable by Us to any of Our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and We may transfer Your information to any of Our affiliates, successor entities, or new owner. If We fail to enforce any of Our TOU, it will not be considered a waiver. If any provision of these TOU is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from Our TOU and shall not affect the validity and enforceability of the remaining provisions. We reserve all rights not expressly granted by Us to You. In certain jurisdictions, You may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. We always appreciate Your feedback or other suggestions about the Service, but You understand that We may use Your feedback or suggestions without any obligation to compensate You for them.
Updated October 15, 2018