WebAnswers Terms of Service

1. Acceptance of Terms

These terms and conditions ("Terms") govern the use of the WebAnswers.com website (the "Website") and all related services (the "Services") and constitute an agreement ("Agreement") between you ("You") and WebAnswers, Inc. ("WebAnswers" or "We"). Your use of the Website and Services is contingent upon Your acceptance of and continued adherence to these Terms, as revised from time to time. WebAnswers reserves the right, in its sole and absolute discretion, to alter or revise these Terms at any time, with the most recent version of the Terms being posted on the Website. It is Your responsibility to check for periodic updates to the Terms. Your use of the Website and Services constitutes Your acceptance of any and all revised Terms. WebAnswers reserves the right to suspend or terminate Your account at any time or discontinue Your access to the Website or the Services for any reason or no reason.

2. User Accounts and Permitted Use

A User is a person who creates a WebAnswers account to use the Services. You must be at least 18 years old to use the Services. As a User, You may ask and answer questions via the Website. In order to use the Services, You need to have a valid account. You are responsible for any and all activities occurring or content that is posted under Your account. If You discover any unauthorized activity under Your account, please alert WebAnswers immediately, by sending an email alert to WebAnswers.com.

1. If You answer questions, You must do Your best to create high quality answers.
2. You are solely responsible for the content in Your questions or answers including text, data, images, video and links that You display on Your questions or answers via the Website.
3. You may only use content to which You have the applicable necessary rights, including (but not limited to) intellectual property rights regarding copyright, trademark and trade secrets. You must have advanced written consent to use third party content from the content owners.

3. Prohibited Use

Any content provided by You on the Website (including any questions asked or answered) and Your use of Services shall not:

1. Be fraudulent, inaccurate or misleading.
2. Include any content or links that is pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, promotes or provides instructional information about illegal activities, or promotes any act of cruelty to animals.
3. Use the Website or Services to violate any Federal, state or local laws. You must comply with all local laws regarding online conduct and acceptable content.
4. Hack the Website or modify any content that is not Your own.
5. Link to any worms or viruses or any code of a destructive nature.
6. Create any content in breach of a confidentiality or fiduciary obligation You may have.
7. Attempt to automatically redirect Website Users to other domains or mislead Users regarding the origins of the content contained in Your questions or answers.
8. Submit questions or answers designed to elicit responses that relate to illegal activity or that infringe upon another party’s intellectual property rights.
9. Spam any User or mass email any User in an automated or unlawful fashion.
10. Collect personal identifiable information about the Users and sell or transfer that information.
11. Use any automatic or manual process to harvest email addresses or other information from the Website.
12. Harass, threaten or intimidate any Users.
13. Promote gambling or links to sites that promote/offer gambling for money.
14. Prompting the user to pick your answer as the best answer or any other award gaming techniques.

4. Discontinuation, Modification or Termination of the Services

WebAnswers reserves the right to modify or discontinue, temporarily or permanently, the Services or any portion thereof, without any liability to You or any third party. In addition, WebAnswers, in its sole discretion, may terminate Your password, account or use of or access to the Website or the Services, and remove and delete any questions or answers, at any time, for any reason.

5. Earning Money By Answering Questions

A User who answers a question and has been awarded the answer shall have an opportunity to share advertising revenue generated by WebAnswers via the Website and the Services. WebAnswers automatically inserts related contextual advertisements from several third-party companies allowing Users who have answered questions to monetize pages that have been awarded to their account. To learn more about advertising revenue sharing, visit the Revenue Sharing Program Policies Page located in your "My Account" section of the Website.

6. Proprietary Rights of Content

You acknowledge and agree that the Website and the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any advertisements or information presented to you through the Services or by advertisers 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 or create derivative works based on any content or information available through the Website or Services, including code and software. To use third party materials appearing on the Website, You are required to contact the intellectual property owner and secure the appropriate advanced written consent to such use. You understand and agree that You shall not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in and to such information and materials.

You agree that any content or information You provide on the Website, whether as a question or answer, will not be considered confidential and may be used by WebAnswers. In addition, You agree that any materials or ideas You submit on the Website or to the Website administrator or any employee, officer or agent of WebAnswers, will not be considered confidential and may be used by WebAnswers, in its sole discretion, without any obligation to compensate You for its use of the ideas and without any obligation to return any submitted materials. You hereby grant WebAnswers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all intellectual, publicity and database rights, including the right to create derivative works thereof, that You have in the content and information of Your questions or answers, in any media now known or not currently known, with respect to any such content or information. You hereby waive all rights to any claim against WebAnswers for any alleged or actual infringement of any intellectual rights and propriety rights in connection with any such content or information.

7. Links to Third Party Websites

The content of Your question or answer may include links to other sites or resources over which WebAnswers has no control or responsibility. WebAnswers does not monitor, investigate or check these sites for accuracy or completeness. As a result, WebAnswers is not responsible for the content or advertising on such sites, products or other materials which they may provide, such sites' availability or any damages caused or alleged to be caused in connection with such external websites. All such external websites included as links in the content of Your questions or answers or accessed by You via the Website is done at Your own risk and with Your own liability.

8. No Professional Advice

The Website serves as merely an online venue for entertainment and communication purposes in an effort to allow Users to ask and answer questions. Any information You may obtain from Users through use the Services or the Website comes from fellow Users, not WebAnswers. Information provided via the Services or Website is not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice, and does not in any way, shape or form establish a professional-client relationship (between You and WebAnswers or You and the other Users). WebAnswers provides no assurance that the User answering Your question has any expertise or qualifications to give such advice. You acknowledge that WebAnswers has not, cannot and will not independently verify any Users' qualifications. If You do not like any answer for any reason, Your sole remedy is to disregard the answer.

Furthermore, the Services and the Website are not intended to and do not constitute the unauthorized practice of regulated professional services by WebAnswers and its affiliates and agents (including law, medicine, accounting or investment advice). If You submit a question or answer on such a topic, We will assume You are interested in soliciting and receiving or giving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular question. Accordingly, if You desire or require professional advice, please consult a qualified provider who is licensed in Your state or country.

9. Emergency Questions

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health) should be directed immediately by telephone or in-person to qualified professionals. The Website is not the appropriate venue to deal with emergency or crisis situations. In addition, We are not involved in and do not participate in the actual conversation between You and other Users. We do not edit, modify, filter, screen or otherwise monitor the content of questions, answers, profiles, qualifications or comments or have any obligation to monitor such content. As a result, We have no control over the quality, safety or legality of the answers given, the truth or accuracy of the answers and the ability of other Users to answer questions. We cannot and do not ensure that You and other Users will actually communicate effectively or appropriately.

10. Exclusion of Warranties

THE WEBSITE, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEBANSWERS THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. WEBANSWERS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES 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. WEBANSWERS DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICES, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL WEBANSWERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, FROM THIRD PARTIES (SUCH AS OTHER USERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.

11. Limitation of Liabilities

IN NO EVENT SHALL WEBANSWERS, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ATTORNEY'S OR OUR CONTRACTORS AND 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 THE WEBSITE, 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 WEBANSWERS AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL WEBANSWERS’S LIABILITY, AND THE LIABILITY OF ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED $25.

12. Release, Hold Harmless and Indemnification

You hereby release WebAnswers (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes among Users. If You are a California resident, You waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Furthermore, You agree to, indemnify, defend and hold WebAnswers, any and all parent, subsidiary, or affiliate organizations, officers, agents, attorneys and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of Your use of the Services or conduct on the Website, Your violation of the Terms of the Agreement, or Your infringement of any intellectual property right or other right of any person or entity. WebAnswers shall provide You reasonable notice of such claims. In connection with Your obligations set forth herein, You agree that WebAnswers may identify and engage counsel of its choosing.

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

WebAnswers may endeavor to offer to You products and services offered by non- WebAnswers entities. Placement of information, logos, links or names of such non- WebAnswers entities on the Website 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 WebAnswers harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venture or employment) is created between You and WebAnswers or between You and any other Users and WebAnswers by formation of this Agreement (or any of the Related Agreements) or by Your participation on the Website.

14. Disclaimer

You acknowledge that You have read this Terms of Services carefully. You acknowledge and understand that: (i) any information You may obtain from Users through use of the Services comes from those Users, not from WebAnswers, and that WebAnswers is not in any way responsible for any of the information any Users may supply; (ii) the Website and Services are provided "as is" with no warranty and no representations are made regarding the qualification of Users who have answered questions; (iii) responses and comments on the Website are for general information and are not intended to substitute for informed regulated professional advice (such as legal, medical, accounting or investment) and do not establish a professional-client relationship and do not constitute the unauthorized practice of a regulated profession; (iv) the Website and the Services are not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals.

15. Disputes, Assignment and Governing Law

These Terms and the Agreement constitute the complete and exclusive statement of the Agreement between You and WebAnswers. 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 WebAnswers 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 Website 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 and WebAnswers agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. WebAnswers shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by WebAnswers. No delay or omission on the part of WebAnswers 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 Colorado, without regard to its conflicts of law provisions. Each party using our Website or Services agrees to the exclusive jurisdiction of the courts of the State of Colorado, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Denver County, Colorado and waives any and all jurisdictional, venue or inconvenient forum objections.