Terms of Use

Effective as of January 15, 2015

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS. THESE TERMS OF USE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF USE POSTED TO THIS SITE FROM TIME TO TIME, AND ANY ACCESS OF THIS SITE BY YOU AFTER SUCH CHANGES ARE SO POSTED SHALL BE DEEMED YOUR AGREEMENT TO SUCH CHANGES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE.

These Website Terms of Use (“Terms”) apply only to the use of certain websites which are owned and/or operated by or on behalf of Questar Assessment Inc. and/or its affiliates (“Questar,” “we,” “our” or “us”) (each, a “Site,” and collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein.

Your use of this Site may be further governed by any agreement entered into between Questar and the Customer (“Customer”) named therein (“Customer Agreement”) governing Customer’s accounts with Questar. In the event of any inconsistency between the terms of the Customer Agreement and these Terms, the terms of the Customer Agreement shall control. You also represent and warrant to Questar that you are authorized to bind Customer to these Terms.

These Terms do not apply to any site owned and/or operated by or on behalf of any third party even if we provide a link to such site on one of our Sites. Please refer to the terms of use of any such third-party sites for information regarding the terms and conditions of your use of such sites.

When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

General

We value your interest in our products or Services (defined below) and appreciate your visit to our Sites. This Site provides general information about Questar and its products and Services. Use of this Site is limited to legitimate purposes. Questar may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. Questar shall notify you of any of these changes to features to the extent Questar is required by law to do so. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features.

Questar reserves the right to modify these Terms at any time without notice, but the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site. Therefore, you should frequently revisit these Terms to determine the present terms and conditions to which you are legally bound. If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Services. By continuing to use the Services after the date of any change to these Terms, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement. You agree and understand that effective use of the Site may require your browser to use software plug-ins and modules, including without limitation JavaScript, in order to correctly display content and utilize features on the Site. Questar reserves the right to modify or terminate the Services and the Site or to terminate your access to the Services and Site, in whole or in part, at any time in its sole and absolute discretion. These Terms constitute a contract between you and Questar governed by the laws of the State of Illinois.

You acknowledge and agree that any information, comments, documents, images, or general content you enter in or post on this Site may be viewed by any other users with access to this Site, and therefore will not be considered confidential by you. By providing any such information, comments, documents, images, or general content to Questar, you grant to Questar an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit, and distribute such information, comments, documents, images, or general content on this Site. You further agree that Questar is free to use any ideas, concepts, or know-how that you, or individuals acting on your behalf, provide to Questar. You hereby agree that any comments, feedback, or recommendations of you for the improvement or modification of this Site or the products or Services advertised herein shall be the sole property of Questar.

Questar has the right in its sole discretion, and without prior notice and from time to time, to modify these Terms with respect to your access to or use of any Site. Such modifications and additions shall be effective immediately upon posting the modified Terms to any Site, which posting shall be deemed notice to you. If you disagree with the changes to these Terms, you should discontinue your use of the Sites. Any access to or use of any Site after posting of modifications or additions to these Terms shall constitute and be deemed to be your agreement to such modified Terms. Therefore, you should frequently revisit this Site to determine the present terms and conditions to which you are legally bound.

The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT QUESTAR SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.

General Terms of Use

This Site and any of the Services provided by Questar in connection with this Site (the “Services”) are being provided to you expressly subject to these Terms, which govern your use of the site. “Services” under these Terms include business services offered to you directly by Questar.

Access

Questar makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing, or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood, and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.

You warrant to Questar that you will not attempt to gain unauthorized access to any Services offered by Questar or computer systems or networks connected to any Questar server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Questar. When using the Site you agree not to pretend to be someone else or spoof their identity.

Unauthorized Use

Any access or attempted access of other areas of Questar’s computer systems, third-party systems, and Services that Questar utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Site. Questar reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.

Questar has the right to modify, suspend, or discontinue, temporarily or permanently, this Site, any products or Services provided by Questar through this Site, or your right to access or use any portion of this Site, in Questar’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies.

You warrant to Questar that you will not attempt to gain unauthorized access to any Services offered by Questar or computer systems or networks connected to any Questar server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Questar. When using the Site you agree not to pretend to be someone else or spoof their identity.

Use of the Site

As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your internal business use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell, or publish any of the contents of the Site without the prior written consent of Questar, which may be withheld, conditioned, or delayed in its sole discretion, except that you may print out a copy of the content solely for your internal business use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to the Site without the prior written consent of Questar, which may be withheld, conditioned, or delayed in its sole and absolute discretion.

Copyrights/Trademarks/Restrictions on Use

All of the pages and screens on the Site are owned and controlled by Questar, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties. The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code, and content on the Site. You are authorized to view the information available on the Site for your informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You may not copy, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of, or republish all or any portion of the Site for any commercial or public purpose without Questar’s prior written consent. You may not use, copy, display, distribute, modify, or reproduce any of the trademarks found on the Site except as authorized in this paragraph. The Site may contain links to websites controlled or offered by third parties (non-affiliates of Questar). Questar hereby disclaims liability for any other company’s website content, products, privacy policies, or security. In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions, or recommendations provided by the linked site providers are those of the providers and not of Questar. Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

Intellectual Property and Restrictions on Use of Information and Content

All information and content provided on this Site, whether explicitly marked or not, are the property of Questar, its subsidiaries, affiliated companies, or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site.

All trademarks, service marks, logos, model and brand names, emblems, and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by Questar, its subsidiaries, affiliated companies, or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.

You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content, or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Questar. You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Questar. You may, however, copy, print, or otherwise use the information, content, or Marks provided on this Site, provided that the use is for your personal, educational, or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any Services, product, brands, or affiliates through the use of any information or content. Other use of any information, content, or Marks, except as specifically permitted in these Terms or in a written instrument signed by Questar, is strictly prohibited.

Nothing contained in any Site shall be construed as conferring, by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark, or other proprietary interest of Questar or any third party.

Any use of the information, content, or Marks provided on any Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.

International Use

Questar makes no representation that materials on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Links and Search Results

For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Questar has no control over those sites or the content within them. Questar cannot guarantee, represent, or warrant that the content contained in those sites is accurate, legal, and/or inoffensive. Questar does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against Questar for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. If you have a problem with a link from the Site, please notify us at webmaster@questarai.com and we will investigate your claim promptly and take any actions we deem appropriate in our sole discretion.

Commercial Users

For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about the products or services of Questar. You must obtain our express prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Questar products or Services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.

Violation of the Terms

You understand and agree that at Questar’s sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions, or exercise any other remedy available, and remove any unauthorized Content if we believe that the Content you provided has violated or is inconsistent with these Terms or violated the rights of Questar, another user, or the law, or constitutes a breach of the Customer Agreement. You agree that monetary damages may not provide a sufficient remedy to Questar for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Questar may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Questar is not required to provide any refund to you if you are terminated as a User because you have violated these Terms.

Questar is not responsible for the products, services, actions, or failures to act of any third party referenced on any Site except as may be set forth in the Customer Agreement. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers, service and/or product providers referenced on or included in any Site to us at webmaster@questarai.com. We may investigate the claim and take appropriate action, in our sole discretion.

Adoption of Additional Terms

These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings. To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.

Indemnification

You agree to defend, indemnify, save, and hold harmless Questar, Questar Companies, and Questar Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees, and agents from and against all liabilities, claims, damages, and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or Services you may have obtained on any of our Sites.

Disclaimers

EXCEPT AS SPECIFICALLY SET FORTH IN THE CUSTOMER AGREEMENT, YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS, AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE, OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS, AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK.

EXCEPT AS SPECIFICALLY SET FORTH IN THE CUSTOMER AGREEMENT, IN NO EVENT WILL QUESTAR OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS, OR SOFTWARE THEREOF, EVEN IF QUESTAR OR ITS SUBSIDIARIES, AFFILIATED COMPANIES, OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. EXCEPT AS SPECIFICALLY SET FORTH IN THE CUSTOMER AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY AGAINST QUESTAR IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES.

Without limiting the above disclaimers, Questar, Questar Companies, and Questar Affiliates and licensees, and its and their respective directors, members, shareholders, officers, employees, and agents: (1) make no warranties or representations whatsoever concerning this Site or any other internet site, the access to, or the availability or use of, this Site or any other internet Site, the information and content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site or any other internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses, or other harmful components; (3) do not represent or warrant that any Services or products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such Products or Services; and (4) do not represent or warrant the accuracy, functionality, or specifications or any other aspect of items from whatever source posted or accessed through this Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

This Site may use hyperlinks as a convenience to you so that certain reference material, Questar-related subjects, and other pertinent material is easily accessible. Linked and referenced sites may not be operated, controlled, or maintained by Questar. Hyperlinks and references to other sites, including any Questar-affiliated entity, do not constitute sponsorship, endorsement, or approval by Questar of the information, content, policies, or practices of such linked or referenced sites. Questar, its subsidiaries, affiliated companies, and joint partners do not accept any responsibilities for any information or content, availability, policies, practices, or any use of such sites. You access, browse, and use such sites at your own risk.

The limitation of liability reflects the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Questar, the Questar Affiliates, and/or their respective suppliers.

If, notwithstanding the limitations of liability above, Questar or any of the Questar Affiliates are found liable for any loss or damage which arises out of or in any way connected with any Products or Services or operation of this Site, then the liability of Questar and the Questar Affiliates will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to Questar in connection with such transaction(s) on this Site, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

Questar has no obligation to update any information or content on any Site. Accordingly, Questar, its subsidiaries, affiliated companies, and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done at your own risk.

Privacy Policy

These Terms include the terms and conditions of Questar’s Privacy Policy. Accordingly, by using this Site, you affirmatively acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of Questar’s Privacy Policy.

No Recommendations or Advice Provided

Although information and content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by Questar. You alone bear the responsibility of evaluating any information or content available on the Sites. In exchange for using such information or content, you hereby agree to release Questar from any claim and to not hold Questar liable for any possible claim for damages arising from any decision you may make based on information or content available on the Site.

Copyright and Trademark Notices

All contents of this Site are © 2016 Questar All rights reserved. [List Marks and Logos] names and logos are either registered trademarks or trademarks of Questar in the United States and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Questar is not responsible for content on websites operated by parties other than Questar.

If you are aware of an infringement of our brand, please let us know by emailing us at webmaster@questarai.com. We address only messages concerning brand infringement at this email address.

Miscellaneous

You warrant to Questar that you will not attempt to gain unauthorized access to any Services offered by Questar or computer systems or networks connected to any Questar server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Questar. When using the Site you agree not to pretend to be someone else or spoof their identity.

Questar controls its Site (excluding linked sites) from its offices in Apple Valley, Minnesota, United States of America, and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of New York, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the state and federal courts having jurisdiction in the State of New York and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.

By using this Site, you agree that Questar, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.

When applicable, you further agree, as a condition of using this Site, to ensure that all of your agents, employees, and independent contractors adhere to these Terms.