Legal Information & Notices
These Terms and Conditions of Use (the “Terms
of Use”) apply to the QuestionWar web site located
at www.questionwar.com, and all associated sites
linked to www.questionwar.com by QuestionWar,
its subsidiaries and affiliates (collectively,
the “Site”). The Site is the property of QuestionWar,
Inc. BY USING THE SITE, YOU AGREE TO THESE TERMS
OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
QuestionWar reserves the right, at its sole discretion,
to change, modify, add or remove portions of these
Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes.
Your continued use of the Site following the posting
of changes will mean that you accept and agree
to the changes. As long as you comply with these
Terms of Use, QuestionWar grants you a personal,
non-exclusive, non-transferable, limited privilege
to enter and use the Site.
All text, graphics, user interfaces, visual interfaces,
photographs, trademarks, logos, sounds, music,
artwork and computer code (collectively, “Content”),
including but not limited to the design, structure,
selection, coordination, expression, “look and
feel” and arrangement of such Content, contained
on the Site is owned, controlled or licensed by
or to QuestionWar, and is protected by trade dress,
copyright, patent and trademark laws, and various
other intellectual property rights and unfair
competition laws.
Except as expressly provided in these Terms of
Use, no part of the Site and no Content may be
copied, reproduced, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted
or distributed in any way (including “mirroring”)
to any other computer, server, Web site or other
medium for publication or distribution or for
any commercial enterprise, without QuestionWar’s
express prior written consent.
You may not attempt to gain unauthorized access
to any portion or feature of the Site, or any
other systems or networks connected to the Site
or to any QuestionWar server, or to any of the
services offered on or through the Site, by hacking,
password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability
of the Site or any network connected to the Site,
nor breach the security or authentication measures
on the Site or any network connected to the Site.
You may not reverse look-up, trace or seek to
trace any information on any other user of or
visitor to the Site, or any other customer of
QuestionWar, including any QuestionWar account
not owned by you, to its source, or exploit the
Site or any service or information made available
or offered by or through the Site, in any way
where the purpose is to reveal any information,
including but not limited to personal identification
or information, other than your own information,
as provided for by the Site.
You agree that you will not take any action that
imposes an unreasonable or disproportionately
large load on the infrastructure of the Site or
QuestionWar’s systems or networks, or any systems
or networks connected to the Site.
You agree not to use any device, software or routine
to interfere or attempt to interfere with the
proper working of the Site or any transaction
being conducted on the Site, or with any other
person’s use of the Site.
You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of
any message or transmittal you send to QuestionWar
on or through the Site or any service offered
on or through the Site. You may not pretend that
you are, or that you represent, someone else,
or impersonate any other individual or entity.
You may not use the Site or any Content for any
purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of
any illegal activity or other activity which infringes
the rights of QuestionWar or others.
Additional terms and conditions may apply to purchases
of goods or services and to specific portions
or features of the Site, including contests, promotions
or other similar features, all of which terms
are made a part of these Terms of Use by this
reference. You agree to abide by such other terms
and conditions, including where applicable representing
that you are of sufficient legal age to use or
participate in such service or feature. If there
is a conflict between these Terms of Use and the
terms posted for or applicable to a specific portion
of the Site or for any service offered on or through
the Site, the latter terms shall control with
respect to your use of that portion of the Site
or the specific service.
QuestionWar’s obligations, if any, with regard
to its products and services are governed solely
by the agreements pursuant to which they are provided,
and nothing on this Site should be construed to
alter such agreements.
This Site may contain links to other independent
third-party Web sites (“Linked Sites”). These
Linked Sites are provided solely as a convenience
to our visitors. Such Linked Sites are not under
QuestionWar’s control, and QuestionWar is not
responsible for the content of such Linked Sites,
including any information or materials contained
on such Linked Sites. You will need to make your
own independent judgment regarding your interaction
with these Linked Sites.
QUESTIONWAR DOES NOT PROMISE THAT THE SITE OR
ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL
BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE
WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS
CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE”
BASIS. ALL INFORMATION PROVIDED ON THE SITE IS
SUBJECT TO CHANGE WITHOUT NOTICE. QUESTIONWAR
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN
CONNECTION WITH OR RELATED TO YOUR USE OF THE
SITE AND/OR ANY QUESTIONWAR SERVICES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE
AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST
QUESTIONWAR FOR DISSATISFACTION WITH THE SITE
OR ANY CONTENT IS TO STOP USING THE SITE OR ANY
SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART
OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability
or injuries caused by any failure of performance,
error, omission, interruption, deletion, defect,
delay in operation or transmission, computer virus,
communication line failure, theft or destruction
of or unauthorized access to, alteration of, or
use, whether for breach of contract, tort, negligence
or any other cause of action.
QuestinWar reserves the right to do any of the
following, at any time, without notice: (1) to
modify, suspend or terminate operation of or access
to the Site, or any portion of the Site, for any
reason; (2) to modify or change the Site, or any
portion of the Site, and any applicable policies
or terms; and (3) to interrupt the operation of
the Site, or any portion of the Site, as necessary
to perform routine or non-routine maintenance,
error correction, or other changes.
QuestionWar may disclose any information we have
about you (including your identity) if we determine
that such disclosure is necessary in connection
with any investigation or complaint regarding
your use of the Site, or to identify, contact
or bring legal action against someone who may
be causing injury to or interference with (either
intentionally or unintentionally) QuestionWar’s
rights or property, or the rights or property
of visitors to or users of the Site, including
QuestionWar’s customers. QuestionWar reserves
the right at all times to disclose any information
that QuestionWar deems necessary to comply with
any applicable law, regulation, legal process
or governmental request. QuestionWar also may
disclose your information when QuestionWar determines
that applicable law requires or permits such disclosure,
including exchanging information with other companies
and organizations for fraud protection purposes.
You acknowledge and agree that QuestionWar may
preserve any transmittal or communication by you
with QuestionWar through the Site or any service
offered on or through the Site, and may also disclose
such data if required to do so by law or QuestionWar
determines that such preservation or disclosure
is reasonably necessary to (1) comply with legal
process, (2) enforce these Terms of Use, (3) respond
to claims that any such data violates the rights
of others, or (4) protect the rights, property
or personal safety of QuestionWar, its employees,
users of or visitors to the Site, and the public.
You agree that QuestionWar may, in its sole discretion
and without prior notice, terminate your access
to the Site and/or block your future access to
the Site if we determine that you have violated
these Terms of Use or other agreements or guidelines
which may be associated with your use of the Site.
You also agree that any violation by you of these
Terms of Use will constitute an unlawful and unfair
business practice, and will cause irreparable
harm to QuestionWar, for which monetary damages
would be inadequate, and you consent to QuestionWar
obtaining any injunctive or equitable relief that
QuestionWar deems necessary or appropriate in
such circumstances. These remedies are in addition
to any other remedies QuestionWar may have at
law or in equity.
You agree that QuestionWar may, in its sole discretion
and without prior notice, terminate your access
to the Site, for cause, which includes (but is
not limited to) (1) requests by law enforcement
or other government agencies, (2) a request by
you (self-initiated account deletions), (3) discontinuance
or material modification of the Site or any service
offered on or through the Site, or (4) unexpected
technical issues or problems.
If QuestionWar does take any legal action against
you as a result of your violation of these Terms
of Use, QuestionWar will be entitled to recover
from you, and you agree to pay, all reasonable
attorneys’ fees and costs of such action, in addition
to any other relief granted to QuestionWar. You
agree that QuestionWar will not be liable to you
or to any third party for termination of your
access to the Site as a result of any violation
of these Terms of Use.
You agree that all matters relating to your access
to or use of the Site, including all disputes,
will be governed by the laws of the United States
and by the laws of the State of North Carolina
without regard to its conflicts of laws provisions.
You agree to the personal jurisdiction by and
venue in the state and federal courts in Buncombe
County, North Carolina, and waive any objection
to such jurisdiction or venue. Any claim under
these Terms of Use must be brought within one
(1) year after the cause of action arises, or
such claim or cause of action is barred. No recovery
may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing
party will be entitled to costs and attorneys’
fees. In the event of any controversy or dispute
between QuestionWar and you arising out of or
in connection with your use of the Site, the parties
shall attempt, promptly and in good faith, to
resolve any such dispute. If we are unable to
resolve any such dispute within a reasonable time
(not to exceed thirty (30) days), then either
party may submit such controversy or dispute to
mediation. If the dispute cannot be resolved through
mediation, then the parties shall be free to pursue
any right or remedy available to them under applicable
law.
You may not use or export or re-export any Content
or any copy or adaptation of such Content, or
any product or service offered on the Site, in
violation of any applicable laws or regulations,
including without limitation United States export
laws and regulations.
If any of the provisions of these Terms of Use
are held by a court or other tribunal of competent
jurisdiction to be void or unenforceable, such
provisions shall be limited or eliminated to the
minimum extent necessary and replaced with a valid
provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall
remain in full force and effect. These Terms of
Use constitute the entire agreement between you
and QuestionWar with regard to your use of the
Site, and any and all other written or oral agreements
or understandings previously existing between
you and QuestionWar with respect to such use are
hereby superseded and cancelled. QuestionWar will
not accept any counter-offers to these Terms of
Use, and all such offers are hereby categorically
rejected. QuestionWar’s failure to insist on or
enforce strict performance of these Terms of Use
shall not be construed as a waiver by QuestionWar’s
of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct
between QuestionWar and you or any other party
be deemed to modify any provision of these Terms
of Use. These Terms of Use shall not be interpreted
or construed to confer any rights or remedies
on any third parties.
Any feedback you provide at this site shall be
deemed to be non-confidential. QuestionWar shall
be free to use such information on an unrestricted
basis.
The information contained in this web site is
subject to change without notice.
Copyright 2005 QuestionWar.com
QuestionWar, PO BOX 7125, Asheville, NC 28802,
USA
Effective September 23, 2005
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