AnswersNow User Agreement 

 

1. Introduction

The following are the terms and conditions for use of the AnswersNow service, which can be found at www.answersnow.com.au (the "Service" or "Site").  If you believe that any content on the Site (including, without limitation, Questions and Answers) violates any of these Terms, please e-mail enquiries@answersnow.com.au immediately. In addition, if you have any comments or feedback about another Customer, an Expert, an administrator or a moderator you should inform us privately via direct e-mail to feedback@answersnow.com.au. AnswersNow reserves the right to refuse service to anyone at any time without notice for any reason.

  

2. Definitions

In the terms and conditions that follow, the terms "user," "you" and "your" refer to the individual or organisation that uses the Services or Site and the terms "AnswersNow" "we," "us" and "our" will refer to AnswersNow. "Terms" or "TOS" refer to the terms contained in this Agreement. "Customer" will be used to describe the person who asks questions on this Site. "Expert" will be used to describe the person who answers questions on this Site.

 

3. Acceptance

By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related "Agreements" (which include, without limitation, the Privacy Policy, our Legal Disclaimer, the Expert Agreement, if applicable to you, and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. Those providing answers on the Site are also subject to and required to accept the terms of the Expert Agreement. You must be at least 18 years old to use this Service.  Your acceptance of these Terms is signified by checking the "I Agree" box. By doing so, you agree to be bound by all of the terms and conditions contained in these Terms, including acknowledgement that you are over the age of 18. You have the right to have a record of these Terms and any related Agreement you enter into with AnswersNow made available on paper form upon request for no additional fee. Simply e-mail enquiries@answersnow.com.au.

  

4. Right of Modification

AnswersNow reserves the right to change, revise or modify the Terms (including fees) or any of the related Agreements at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. AnswersNow reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.

  

5. User Activities

As a "user", you represent that you are authorised to use the Services. You agree to comply with all billing procedures, including providing accurate and lawful billing information for AnswersNow Services.

Any content provided by you on the site (including any questions asked or answered) and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance or regulation; (d) be competitive with AnswersNow (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;

You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of the Services without our prior consent.

Without limiting any other remedies, AnswersNow may suspend or terminate the Services if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with AnswersNow.

  

6. Fees and Refunds

Fees for the Services are set out on the Site in the section “Pricing” and represent compensation for an expert’s time and effort put into a particular answer. When a question is requested, an appropriate amount of money is to be left on trust with a PayPal account (the appropriate account can be found by following a payment link after requesting an answer). AnswersNow will not construct your answer until sufficient funds have been left in the relevant PayPal account. AnswersNow will not take payment for any Services until we have confirmed that you have received your answer. If AnswersNow is unable to answer your requested questions, we will ensure that the money held in the PayPal account is refunded to you in full.

AnswersNow maintains the right to initiate special incentive and pricing programs. These specials and incentives may be limited, at AnswersNow sole discretion, to certain defined persons. Please review the FAQs for more details on fees and payment.

 

7. AnswersNow is an Entertainment Venue

AnswersNow acts as a venue for entertainment purposes to allow anyone to ask just about any question, at anytime, from anywhere. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health) should be directed immediately by telephone or in-person to qualified professionals. AnswersNow is not the appropriate venue to deal with emergency or crisis situations.

  

8. No Assurances Given From and No Reliance on Term "Expert"

Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering your question has any particular expertise or qualifications. If you would like to know the extent of our Expert’s qualifications, please contact us via email at feedback@answersnow.com.au.

 

9. Exclusion of Warranties

To the extent permitted by applicable statutory law, ANSWERSNOW SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. ANSWERSNOW DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANSWERSNOW DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL ANSWERSNOW BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.

 

10. Limitation of Liabilities

To the extent permitted by applicable statutory law, IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  

11. Indemnification

You agree to indemnify, defend and hold AnswersNow, any and all parent, subsidiary, or affiliate organisations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable solicitor's fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. AnswersNow shall provide you reasonable notice of such claim.

 

12. Termination or Suspension of Service

Once you have requested an answer, you may not terminate the Services (as an expert will commence constructing an answer immediately). We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend Services indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site (such as, for example, unauthorized use of a credit card) and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring.

Termination does not affect your liability or obligations under this Agreement.

  

13. No Endorsement of Non-AnswersNow Entity ; No Relationship with Users

AnswersNow may endeavor to offer to its users products and services offered by non-AnswersNow entities. Placement of information, logos, links or names of such non-AnswersNow entities on the AnswersNow site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold AnswersNow harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and AnswersNow or between any user (including Customers and Experts) and AnswersNow by formation of this Agreement (or any of the Related Agreements) or by your participation on the site.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY ANSWERSNOW AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.

 

14. Proprietary Rights of Content

You acknowledge and agree that AnswersNow owns the rights to its website answersnow.com.au and all content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by AnswersNow, AnswersNow users, or AnswersNow Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You agree that any content or information provided on the Site, whether as a question or answer, will not be considered confidential and may be used by AnswersNow In addition, you agree that any materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of AnswersNow, will not be considered confidential and may be used by AnswersNow, in its sole discretion, without any obligation to compensate for its use of the ideas and without any obligation to return any submitted materials. You hereby grant AnswersNow a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to create derivative works thereof, that you have in your content and information, in any media now known or not currently known, with respect to any such content or information.

 

15. Press Release Information

The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

16. Disputes, Assignment, and Governing Law

These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any AnswersNow' employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You may not assign this Agreement to any other party. AnswersNow shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of AnswersNow in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement shall be governed by, and construed in accordance with the laws of the State of South Australia. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the State of South Australia, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Adelaide, South Australia and waives any and all jurisdictional, venue or inconvenient forum objections.

 

Updated January 2007