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1. BINDING EFFECT.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY QIDZA IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Qidza will make a new copy of these Terms of Service available at the Website and within the App and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the App. We will also update the “Last Updated” date at the bottom of these Terms of Service. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below), to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website, the App and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below). Qidza may require you to provide consent to the updated Terms in a specified manner before further use of the Website, the App and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the App and/or the Services. Otherwise, your continued use of the Website, the App and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
“Posts” are information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and other places where Users communicate on the Site or the App.
The Service provided is the creation of a forum for childcare information accessed via the App or Site. The content on the App or Site is for Users in the United States of America, and it is for general information and educational in nature and purpose. The Users of the Site and App, not Qidza, provide the content in the Posts.
Notwithstanding the foregoing, Qidza reserves the right, but is under no obligation, to refuse to post or to remove any content and/or User’s access to the Site or App.
DIAGNOSTIC QUESTIONS, EMERGENCY QUESTIONS, AND CRISIS SITUATIONS are inappropriate for the Service. Urgent questions and crisis situations regarding medical or mental health should be immediately directed to the appropriate institutions or individuals. (In many locations in the United States, that is a call to 911.)
Qidza’s Service provides a forum to ask for general, educational information. In that sense, it is similar to a radio or television call-in program. Posts are not private nor are they confidential. As such, Posts are not protected by doctor-patient privilege or any other privilege, and any Post may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search results. To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts. The laws, regulations, other governing authorities, standards, practices, and procedures that apply to your particular questions may differ depending on your location and information typically discovered through phone calls, in-person evaluations, or in-person visits.
4. USER ACCOUNTS.
User Accounts; Restricted Activities; Suspension or Termination of Service
(a) User Accounts. When you register as a User on the Site, you can establish a user name and password for access to your online account. Your user name must not identify who you are. You are responsible for maintaining the confidentiality of your user name, password and account data. You may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Qidza of any unauthorized use of your password or account. You may not create more than one account for the Site and App. If your Qidza account has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Qidza accounts.
We do not knowingly collect personal information from children under thirteen years of age, and if we become aware that a child under the age of thirteen has submitted personal information to us, we will promptly remove it from our systems.
You are prohibited from soliciting Users of this Site for any purpose (including inviting other Users to contact you off of the Site.
At any time, without notice, for any or no reason, Qidza reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
(d) App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third-party from which you received the App license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge that the Terms are between you and Qidza and not with the App Store. Qidza, not the App Store, is solely responsible for Qidza Properties, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Qidza Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Qidza Properties, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
5. USER ACCOUNT ABUSE POLICIES
If Qidza believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Qidza will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. Qidza will make commercially reasonable efforts not to exceed a ninety-day hold on your account as we and/or a third-party investigate.
6. RECEIPT OF SPECIAL OFFERS AND OTHER COMMUNICATIONS.
Qidza maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Qidza’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Guest accounts by Qidza for use towards answers on the Site remain the property of Qidza (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty days.
8. USE OF INFORMATION.
9. INTENDED AUDIENCE.
The App, Site, and services are each intended for adults only. Neither the App nor the Site nor the Service is intended for any children under the age of 13.
10. SITE AND APP USE.
We grant you a limited, revocable, nonexclusive license to use our Site or App solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, commercial, or other use. You agree not to copy materials on the Site or App, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of our Site or App is at our discretion, and we may terminate your use of our Site or App at any time.
11. LINKING TO THE SITE.
You may link to the Site only if you do not obscure notices on the Site, engage in illegal or pornographic activities, and discontinue any such links upon our request.
All content included on this Site or App is and shall continue to be the property of Qidza and/or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site or App is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site or App.
(a) You grant Qidza a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to such Posts and User Content.
(b) Copyright. All contents of Site, App, and/or Service are: Copyright © 2014 Qidza Corporation. All rights reserved.
(c) No License. Nothing contained on the Site or App should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Qidza or by any third party.
13. COMPLIANCE WITH LAWS.
You agree to comply with all applicable laws regarding your use of the Site or App. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
(a) Compliance with Intellectual Property Laws. When accessing the App, Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service, the App, and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
(b) Copyright Infringement. Qidza has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site, App or with the Service. Qidza’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Qidza to delete, edit, or disable the material in question, you must provide Qidza with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Qidza to locate the material; (d) information reasonably sufficient to permit Qidza to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Qidza’s designated agent at: email@example.com
14. ALLEGED VIOLATIONS.
(c) No Subsequent Registration. If your registration(s) with or ability to access Qidza Properties, or any other Company community is discontinued by Qidza due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you shall not attempt to re-register with or access Qidza Properties or any Company community through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Company Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Qidza reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
15. NO WARRANTIES.
QIDZA HEREBY DISCLAIMS ALL WARRANTIES. QIDZA IS MAKING THE SITE AND THE APP AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE, THE APP, OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QIDZA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. QIDZA DOES NOT WARRANT THAT THE SITE, THE APP OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE, THE APP OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE OR THE APP SHALL BE TO DISCONTINUE USING THE SITE AND THE APP.
16. LIMITED LIABILITY.
QIDZA’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QIDZA BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, APP OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY QIDZA. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE, APP AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE AND APP USE.
17. THIRD-PARTY SITES.
Qidza has no control over, and no liability for any third-party websites or materials. Qidza works with a number of partners and affiliates whose Internet sites may be linked with the Site or the App. Because neither Qidza nor the Site has control over the content and performance of these partner and affiliate sites, Qidza makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Qidza assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Qidza makes no guarantees about, assumes no responsibility for, and accepts no liability for the accuracy, currency, content, or quality of, or loss from the third-party content.
18. PROHIBITED USES.
Qidza imposes certain restrictions on your permissible use of the Site, App, and the Service. You are prohibited from violating or attempting to violate any security features of the Site, App, or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, the App, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, App, or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site, App, or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Qidza in providing the Site, App, or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
20. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES.
(a) Notice of Dispute. In the event of a dispute, you or Qidza must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to 4655 Old Ironsides Drive Suite 170, Santa Clara, CA 95054. Qidza will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and Qidza will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Qidza may commence arbitration.
(b) Small claims court. You may also litigate any dispute in small claims court in San Francisco County, CA, U.S.A., if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
(c) Binding arbitration. If you and Qidza do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration governed by the Federal Arbitration Act (“FAA”). You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
(d) Class action waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Qidza will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(e) Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879 . To commence arbitration, submit the form to the AAA. You agree to commence arbitration only in San Francisco, California. Qidza agrees to commence arbitration only in San Francisco, California. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim.
(f) Arbitration fees and incentives.
(i) Disputes involving $75,000 or less. Qidza will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Qidza’s last written settlement offer made before the arbitrator was appointed (“Qidza’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Qidza’s last written offer, Qidza will give you three incentives: (i) pay the greater of the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Qidza agree on them.
(ii) Disputes involving more than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
(iii) Disputes involving any amount. In any arbitration you commence, Qidza will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Qidza commences, Qidza will pay all filing, AAA, and arbitrator’s fees and expenses. Qidza won’t seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.
(g) Conflict with AAA rules. This Agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
(h) Claims or disputes must be filed within one year. To the extent permitted by law, any claim or dispute must be filed within one year in small claims court (section 21(b)) or, in arbitration (section 21(c)). The one-year period begins when the claim or Notice of Dispute first could be filed. If such a claim or dispute isn’t filed within one year, it’s permanently barred.
(i) Rejecting future arbitration changes. You may reject any change Qidza makes to section 21 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 21(a). If you do, the most recent version of section 21 before the change you rejected will apply.
(j) Severability. If the class action waiver in section 21(d) is found to be illegal or unenforceable as to all or some parts of a dispute, then section 21 won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of section 21 is found to be illegal or unenforceable, that provision will be severed with the remainder of section 21 remaining in full force and effect.
21. GOVERNING LAW.
24. SEVERABILITY; WAIVER.
26. HOW TO CONTACT US:
To the extent necessary, pursuant to 47 U.S.C. Section 230(d), you are hereby notified that parental-control protections are commercially available to limit access to material harmful to minors. Such products can be found at http://www.getnetwise.org/ and http://www.onguardonline.gov/. No endorsement or warranty is made as to those products or services.