Introduction
Welcome to http://AnswerQwik.com. This website is owned and
operated by Apptimality, Inc.. By visiting our website and accessing
the information, resources, services, products, and tools we provide,
you understand and agree to accept and adhere to the following terms
and conditions as stated in this policy (hereafter referred to as
'User Agreement'), along with the terms and conditions as stated in
our Privacy Policy (please refer to the Privacy Policy section below
for more information).
This agreement is in effect as of Jul 19, 2011.
We reserve the right to change this User Agreement from time to
time without notice. You acknowledge and agree that it is your
responsibility to review this User Agreement periodically to
familiarize yourself with any modifications. Your continued use of
this site after such modifications will constitute acknowledgment and
agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information,
resources, services, products, and tools we provide for you, either
directly or indirectly (hereafter referred to as 'Resources'), you
agree to use these Resources only for the purposes intended as
permitted by (a) the terms of this User Agreement, and (b) applicable
laws, regulations and generally accepted online practices or
guidelines.
Wherein, you understand that:
- In order to access our Resources, you may be required to
provide certain information about yourself (such as identification,
contact details, etc.) as part of the registration process, or as
part of your ability to use the Resources. You agree that any
information you provide will always be accurate, correct, and up to
date.
- You are responsible for maintaining the confidentiality of
any login information associated with any account you use to access
our Resources. Accordingly, you are responsible for all activities
that occur under your account/s.
- Accessing (or attempting to access) any of our Resources by
any means other than through the means we provide, is strictly
prohibited. You specifically agree not to access (or attempt to
access) any of our Resources through any automated, unethical or
unconventional means.
- Engaging in any activity that disrupts or interferes with
our Resources, including the servers and/or networks to which our
Resources are located or connected, is strictly prohibited.
- Attempting to copy, duplicate, reproduce, sell, trade, or
resell our Resources is strictly prohibited.
- You are solely responsible any consequences, losses, or
damages that we may directly or indirectly incur or suffer due to
any unauthorized activities conducted by you, as explained above,
and may incur criminal or civil liability.
- We may provide various open communication tools on our
website, such as blog comments, blog posts, public chat, forums,
message boards, newsgroups, product ratings and reviews, various
social media services, etc. You understand that generally we do not
pre-screen or monitor the content posted by users of these various
communication tools, which means that if you choose to use these
tools to submit any type of content to our website, then it is your
personal responsibility to use these tools in a responsible and
ethical manner. By posting information or otherwise using any open
communication tools as mentioned, you agree that you will not
upload, post, share, or otherwise distribute any content that:
- Is illegal, threatening, defamatory, abusive, harassing,
degrading, intimidating, fraudulent, deceptive, invasive, racist,
or contains any type of suggestive, inappropriate, or explicit
language;
- Infringes on any trademark, patent, trade secret,
copyright, or other proprietary right of any party;
- Contains any type of unauthorized or unsolicited
advertising;
- Impersonates any person or entity, including any
https://AnswerQwik.com employees or representatives.
We have the right at our sole discretion to remove any content
that, we feel in our judgment does not comply with this User
Agreement, along with any content that we feel is otherwise
offensive, harmful, objectionable, inaccurate, or violates any 3rd
party copyrights or trademarks. We are not responsible for any delay
or failure in removing such content. If you post content that we
choose to remove, you hereby consent to such removal, and consent to
waive any claim against us.
- We do not assume any liability for any content posted by you
or any other 3rd party users of our website. However, any content
posted by you using any open communication tools on our website,
provided that it doesn't violate or infringe on any 3rd party
copyrights or trademarks, becomes the property of Apptimality, Inc.,
and as such, gives us a perpetual, irrevocable, worldwide,
royalty-free, exclusive license to reproduce, modify, adapt,
translate, publish, publicly display and/or distribute as we see
fit. This only refers and applies to content posted via open
communication tools as described, and does not refer to information
that is provided as part of the registration process, necessary in
order to use our Resources. All information provided as part of our
registration process is covered by our privacy policy.
- You agree to indemnify and hold harmless Apptimality, Inc.
and its parent company and affiliates, and their directors,
officers, managers, employees, donors, agents, and licensors, from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
User Agreement or the failure to fulfill any obligations relating to
your account incurred by you or any other person using your account.
We reserve the right to take over the exclusive defense of any claim
for which we are entitled to indemnification under this User
Agreement. In such event, you shall provide us with such cooperation
as is reasonably requested by us.
Privacy
Your privacy is very important to us, which is why we've
created a separate Privacy Policy in order to explain in detail how
we collect, manage, process, secure, and store your private
information. Our privacy policy is included under the scope of this
User Agreement. To read our privacy policy in its entirety, click
here.
Limitation of Warranties
By using our website, you understand and agree that all
Resources we provide are "as is" and "as available". This means that
we do not represent or warrant to you that:
- the use of our Resources will meet your needs or
requirements.
- the use of our Resources will be uninterrupted, timely,
secure or free from errors.
- the information obtained by using our Resources will be
accurate or reliable, and
- any defects in the operation or functionality of any
Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
- any content downloaded or otherwise obtained through the use
of our Resources is done at your own discretion and risk, and that
you are solely responsible for any damage to your computer or other
devices for any loss of data that may result from the download of
such content.
- no information or advice, whether expressed, implied, oral
or written, obtained by you from Apptimality, Inc. or through any
Resources we provide shall create any warranty, guarantee, or
conditions of any kind, except for those expressly outlined in this
User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained
above, you expressly understand and agree that any claim against us
shall be limited to the amount you paid, if any, for use of products
and/or services. Apptimality, Inc. will not be liable for any direct,
indirect, incidental, consequential or exemplary loss or damages
which may be incurred by you as a result of using our Resources, or
as a result of any changes, data loss or corruption, cancellation,
loss of access, or downtime to the full extent that applicable
limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on https://AnswerQwik.com,
including but not limited to text, graphics, website name, code,
images and logos are the intellectual property of Apptimality, Inc.,
and are protected by applicable copyright and trademark law. Any
inappropriate use, including but not limited to the reproduction,
distribution, display or transmission of any content on this site is
strictly prohibited, unless specifically authorized by Apptimality,
Inc..
Termination of Use
You agree that we may, at our sole discretion, suspend or
terminate your access to all or part of our website and Resources
with or without notice and for any reason, including, without
limitation, breach of this User Agreement. Any suspected illegal,
fraudulent or abusive activity may be grounds for terminating your
relationship and may be referred to appropriate law enforcement
authorities. Upon suspension or termination, your right to use the
Resources we provide will immediately cease, and we reserve the right
to remove or delete any information that you may have on file with
us, including any account or login information.
Governing Law
This website is controlled by Apptimality, Inc. from our
offices located in the state of Kentucky, USA. It can be accessed by
most countries around the world. As each country has laws that may
differ from those of Kentucky, by accessing our website, you agree
that the statutes and laws of Kentucky, without regard to the
conflict of laws and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to
the use of this website and the purchase of any products or services
through this site.
Furthermore, any action to enforce this User Agreement shall be
brought in the federal or state courts located in Kentucky, USA. You
hereby agree to personal jurisdiction by such courts, and waive any
jurisdictional, venue, or inconvenient forum objections to such
courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, APPTIMALITY, INC. EXPRESSLY
DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
Contact Information
If you have any questions or comments about these our Terms of
Service as outlined above, you can contact us at:
Apptimality, Inc.
833 Freeman Lake Rd.
Elizabethtown, Kentucky 42701
USA