Terms of Service
Please read these Terms of Service (“Terms”) carefully. These Terms are a legal contract between you (“User”) and Quest Learning, Inc. (“Quest”, “us”, or “we”)
Quest is an online education program that develops math and science games to deliver world-class learning experiences to its students.
The website at https://www.joinquest.com (the “Site”) and the various other related services and other features, functions, software, applications and websites (together with Quest’s program, and the Site, collectively the “Quest Services”) are provided and operated, and are being made available to you, the Students (collectively, “Students”, “Children,” or “you”), the parents of any Student (“Parents” or “you”) and the other users of any of the Quest Services (collectively, “Users”) by Quest Learning, Inc.
IMPORTANT! THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR APPLICATION FOR YOUR CHILD TO PARTICIPATE IN QUEST, YOUR CHILD’S PARTICIPATION IN QUEST, YOUR ACCESS AND USE OF THE SITE, AND THE OTHER QUEST SERVICES. BY CLICKING “I AGREE”, ACKNOWLEDGING YOUR AGREEMENT, AGREEING VERBALLY, SIGNING UP FOR YOUR CHILD TO PARTICIPATE IN QUEST, YOUR CHILD’S PARTICIPATION IN QUEST, YOUR ACCESS OR USE THE SITE OR ANY OF THE OTHER QUEST SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE (FOR YOURSELF AND YOUR CHILD), AND ARE DOING SO, (B) YOU CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND YOUR CHILD) SHALL BE BOUND BY THESE TERMS OF SERVICE AND QUEST’S PRIVACY POLICY AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND THE PRIVACY POLICY, YOU (OR YOUR CHILD) MAY NOT PARTICIPATE IN QUEST AND YOU SHOULD NOT ACCESS OR USE ANY OF THE OTHER QUEST SERVICES.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Quest to binding and final arbitration. You will only be permitted to pursue claims against Quest on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Eligibility.
To sign up your child to participate in Quest, to access and use the Site and the other Quest Services, you must be at least 18 years of age. by clicking “I agree,” acknowledging your agreement, agreeing verbally, signing up your child to Quest, or accessing and using any of the other Quest Services, you represent that:
- You are the parent of the child for whom you are signing up to participate in Quest
- Neither you nor your child has been previously suspended or removed from Quest, or any of the other Quest Services;
- You confirm that you are of legal age to form a binding contract with Quest;
- You and your child will comply with these Terms and all applicable local, state, national and international laws, rules and regulations; and
- You are not a competitor of Quest and do not intend to use Quest, or any of the other Quest Services for reasons that are in competition with Quest or otherwise to replicate some or all of the other Quest Services for any reason.
2. Privacy.
Your privacy is important to Quest. Our goal is to make the Quest and the other Quest Services as good, useful and rewarding for you as possible. In order to do that, Quest may collect and process information from you when you use the Quest or any of the other Quest Services. Quest will collect certain personally identifiable information from you or your Child as set forth in more detail in our Privacy Policy. By applying for your Child to participate in the Quest, your Child’s participation in the Quest or accessing or using any of the other Quest Services, you agree that Quest may collect, use and disclose, as set forth in the Privacy Policy, the information you or a Child provides when participating in the Quest or you access or use any of the other Quest Services, and in some cases, information that is provided by or through any of the Quest Services.
3. Quest
3.1 Participation in Quest.
(a) For a Student to participate in Quest, the Student’s Parent must apply by submitting the Student’s first and last name, his or her date of birth, and any other information requested at the time. We will send an email notifying the Parent of a Student’s enrollment in, or rejection from, Quest
(b) If a Student is enrolled to participate in the Quest, the applicable tuition must be paid in order for your Child to participate in, and attend classes at, Quest (as described below in Section 4).
(c) By signing up for your Child to participate, and to participate, in Quest, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration process (“Registration Data”), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Quest has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Quest has the right to prohibit you (or your Child) from participating in Quest. You agree not to register using a false identity or information, or on behalf of someone other than your Child. You agree not to access any Quest Services if you have been previously removed by Quest or if you have (or your Child has) been previously banned from participation in Quest or you have been previously banned from accessing and using any of the Quest Services.
3.2 Quest Standards.
When a Student participates in Quest, both the Parent and the Student agree that they will not behave in any way to provoke, bully, demean, or cause harm to others, or to create conflict, with any other Parent, Student or User (collectively, the “Prohibited Behavior”). If you feel that any Parent, Student or User, including any teacher, has engaged in any Prohibited Behavior, please promptly contact us at support@joinquest.com. Please provide all relevant information, including your full name, the related Parent, Student or User and the details of the possible engagement of Prohibited Behaviors. To the extent reasonably practicable, we will not disclose your name or the name of your Child.
4. Payments and Refunds
4.1 Fees.
(a) To be able to participate in Quest, the monthly tuition associated with each class that has been selected for a Student to attend must be paid (as modified from time to time, the “Tuition”). Current pricing can be found at [https://joinquest.com](https://joinquest.com).
(b) Subject to Section 4.4, you may cancel your Child’s participation in Quest at any time by sending us notice at support@joinquest.com. Upon receipt of your notice of cancellation, we will not charge your credit or debit card any future Tuition.
4.2 Payment and Taxes.
(a) Payments.
Unless otherwise agreed by Quest, the monthly Tuition shall be paid monthly in accordance with Section 4.2(a). You authorize Quest to automatically charge your credit or debit card through the Payment Processor for any such Tuition.
(b) Payment Processing.
The Tuition and other payments made in connection with Quest and the other Quest shall be made through a third-party payment processor directed by Quest (Stripe) (any such third-party payment processor, the “Payment Processor”). Payment processing services for the Quest Platform are currently provided by Stripe and are subject to Stripe’s terms of service (the “Stripe Terms”). By agreeing to these Terms or continuing to access or use the Quest Platform or any of the other Quest Services, you agree to be bound by the Stripe Terms. As a condition of Quest’s enabling payment processing services through a Payment Processor, you agree to provide the Payment Processor accurate and complete information about you, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Quest to share any relevant transaction information to the Payment Processor.
(c) Right to Suspend. If you fail to pay Tuition when due, Quest may, without prior written notice to you, suspend your Child’s ability to participate in Quest.
(d) Future Services. In paying the Tuition, you acknowledge and agree that you are not relying on future availability of Quest beyond the subscription period for which the Tuition that you paid applies.
4.3 Changes in Fees and Payment Methods.
Quest reserves the right at any time to change the Tuition (including to begin charging for services that it is currently providing free of charge or for new features) and billing methods, either immediately upon posting on the Site or any of the other Quest Services or by notifying you by email.
4.4 Refunds.
The tuition is refundable up to a student’s fourth (4th) class for any reason. After that, all tuition is non-refundable, non-cancellable and non-creditable unless otherwise required by law or agreed to by Quest in its sole discretion.
5. Right to Access and Use; Unauthorized Use.
5.1 Right to Access and Use
Subject to your compliance with all the terms and conditions set out in these Terms, Quest hereby grants (a) to your Child the right to participate in Quest and (b) to you the right to access and use the Site and the other Quest Services, to the extent of, and in accordance with, these Terms.
5.2 Prevention of Unauthorized Use
Quest reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or participation Quest, or the circumvention of the other QuestServices, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
6. Additional Policies.
When applying for or participating in Quest or requesting, accessing or using any of the other Quest Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Quest, the Site and the other Quest Services which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
7. Respecting other People’s Rights.
Quest respects the rights of others and so should you and your Child. You and your Child therefore shall treat all other Students with respect and shall not stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any other Student or User.
8. Modification of these Terms.
Quest reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, or any of the other Quest Services. If Quest updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of Quest, or any of the other Quest Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Quest will use commercially reasonable efforts to notify you of such change. Quest may provide notice through a pop-up or banner within the Quest Services, by sending an email to any address that we may have for you, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Quest may require you to provide consent by accepting the changed Terms. If Quest requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Quest, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the Quest Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR PARTICIPATION IN QUEST AND USE OF ALL OF THE OTHER QUEST SERVICES.To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
9. Digital Millennium Copyright Act.
It is Quest’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). Quest reserves the right to terminate without notice any Student’s participation in the Quest and any User’s access to the Site and the other Quest Services if that Student or User is determined by Quest to be a “repeat infringer.” In addition, Quest accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
10. Prohibited Conduct.
BY PARTICIPATING IN QUEST, OR ACCESSING OR USING ANY OF THE OTHER QUEST SERVICES YOU, AGREE NOT TO:
10.1 Access or use of Quest or any of the other Quest Services for the benefit of anyone other than yourself (and your Child) except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, Quest, or using Quest as part of a service bureau or outsourcing offering;
10.2 Provide any services, directly or indirectly, that are similar to, or based on, Quest or any of the other Quest Services;
10.3 Copy, disclose, or distribute any data or other information available through Quest, the Site or any of the other Quest Services, including any information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”
10.4 Interfere with, circumvent or disable any security or other technological features or measures of the Quest or attempt to gain unauthorized access to Questl;
10.5 Use bots or other automated methods to: access Quest, download any information, send or redirect messages or perform any other activities through Quest or any of the other Quest Services;
10.6 Take any action that Quest determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;
10.7 Upload invalid data, viruses, worms or other software agents through the Site and/or any of the other Quest Services;
10.8 Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
10.9 Participate in Quest, or use any of the other Quest Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or
10.10 Use any of Quest Services for any commercial solicitation purposes.
11. Third-Party Sites.
The Site and/or any of the other Quest Services may now or in the future include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to our Users. These sites or services may include links to the information about education and other sites or services that we think may be of interest to our Users. Quest does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of Quest Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
12. Mobile and Data Services.
You are responsible for any mobile and data charges that you may incur in connection with participation in Quest and use of any of the other Quest Services. If you’re unsure what those charges may be, you should ask your service provider before participating in Quest or using any of the other Quest Services.
13. Termination; Terms of Use Violations.
13.1 Quest.
You agree that Quest in its sole discretion, for any or no reason, and without penalty, may terminate you (or your Child’s) participation in the Quest or your access and use of any of the other Quest Services and remove and discard all or any part of your information, at any time. Quest may also in its sole discretion and at any time discontinue providing access to Quest or any of the other Quest Services, or any part thereof, with or without notice. You agree that any termination of your (or your Child’s) ability to participate in Quest, or access or use any of the other Quest Services may be effected without prior notice, and you agree that Quest will not be liable to you or any third party for any such termination. Quest reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Quest to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Quest may have at law or in equity. As provided herein, Quest does not permit copyright infringing activities on the Site or any of the other Services, and Quest shall be permitted to terminate participation in Quest or access to any of the other Quest Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD QUEST HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY QUEST DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER QUEST OR LAW ENFORCEMENT AUTHORITIES.
13.2 You.
Your only remedy with respect to any dissatisfaction with (i) Quest, the Site or any of the other Quest Services, (ii) any term of these Terms or (iii) any policy or practice of Quest in operating Quest, the Site or the other Quest Services, is to terminate your participation in Quest and the use of the other Quest Services. You may terminate your use of any of Quest Services at any time.
14. Ownership; Proprietary Rights.
Quest, the Site and the other Quest Services are owned and operated by Quest. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of Quest Services provided by Quest (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of Quest Services are the property of Quest or its subsidiaries or affiliated companies and/or third-party licensors or content providers. All trademarks, service marks, and trade names are proprietary to Quest or its affiliates and/or third-party licensors. Except as expressly authorized by Quest, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Quest reserves all rights not expressly granted in these Terms.
You hereby grant to Quest a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to Quest, the Site and/or the other Quest Services and all related intellectual property, without restriction of any kind and without any right of accounting or compensation.
15. Indemnification.
You agree to indemnify, defend, and hold Quest, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your (or your Child’s) participation in Quest, your use or misuse of the Site or any of the other Quest Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Quest reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Quest and you agree to cooperate with Quest’ defense of these claims. Quest will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
16. No Warranties; Disclaimers.
16.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUEST AND ITS TEACHERS, AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “QUEST PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO QUEST, THE SITE AND THE OTHER QUEST SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, QUEST PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT QUEST, THE SITE OR THE OTHER QUEST SERVICES, WILL MEET YOUR (OR YOUR CHILD’S) REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUEST PARTIES OR THROUGH QUEST, THE SITE OR THE OTHER QUEST SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
16.2 “As Is” and “As Available” and “With all Faults.”
YOU EXPRESSLY AGREE THAT QUEST, THE SITE AND ANY OF THE OTHER QUEST SERVICES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF QUEST SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
16.3 PLATFORM OPERATION AND CONTENT.
QUEST PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH QUEST, THE SITE OR ANY OF THE OTHER QUEST SERVICES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
16.4 ACCURACY.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY QUEST, QUEST PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE PARTICIPATION IN QUEST OR THE USE OF ANY OF QUEST SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
17. Limitation of Liability and Damages.
17.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL QUEST PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR (OR YOUR CHILD’S) PARTICIPATION OR INABILITY TO PARTICIPATE IN QUEST, YOUR USE THE SITE OR ANY OF THE OTHER QUEST SERVICES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH QUEST, ANY STUDENT, PARENT OR ANY OTHER USER, EVEN IF QUEST OR A QUEST AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, QUEST’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
17.2 Limitation of Damages.
IN NO EVENT WILL QUEST PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR (OR YOUR CHILD’S) PARTICIPATION IN QUEST, ACCESS AND USE OF THE SITE OR ANY OF THE OTHER QUEST SERVICES OR THESE TERMS, OR YOUR INTERACTION WITH QUEST, ANY TEACHER, STUDENT, PARENT OR OTHER USER (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $100 AND (B) AN AMOUNT EQUAL TO THE TUITION (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
17.3 Release for Disputes between Users.
If you have a dispute with any Parent, Student or other Users or other third parties, you hereby release Quest and the other Quest Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 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.”
17.4 Third-party Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN QUEST AND RECEIVED THROUGH OR ADVERTISED ON ANY OF QUEST SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
17.5 BASIS OF THE BARGAIN.
YOU ACKNOWLEDGE AND AGREE THAT QUEST HAS OFFERED QUEST AND THE OTHER QUEST SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND QUEST, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND QUEST. QUEST WOULD NOT BE ABLE TO AUTHORIZE PARTICIPATION IN QUEST OR ACCESS AND USE OF ANY OF THE OTHER QUEST SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
17.6 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
18. United States Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of Quest or any of the other Quest Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
19. Notice.
Quest may provide you with notices, including those regarding changes to these Terms, by email or postings on any of Quest Services. Notice will be deemed given twenty-four hours after the email is sent, unless Quest is notified that the email address is invalid. Notices posted on any of Quest Services are deemed given 30 days following the initial posting.
20. Waiver.
The failure of Quest to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Quest.
21. Dispute Resolution.
If a dispute arises between you and Quest, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Quest agree that any dispute, claim or controversy at law or equity that arises out of these Terms, Quest, the Site or any of the other Quest Services (a “Dispute”) will be resolved in accordance with this Section 21. or as Quest and you otherwise agree in writing. Before resorting to these dispute methods, Quest strongly encourages you to first contact Quest directly to seek a resolution.
(a) Choice of Law. These Terms shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF QUEST SERVICES.
(b) Arbitration and Class Action Waiver. PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
(i) ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND QUEST (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF QUEST SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION AND YOU AND QUEST HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE SAN FRANSISCO, CA. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND QUEST WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor Quest will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST QUEST INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another Parent, Student or other User or third party, if Quest is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
(ii) Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 21.(b) is found not to apply to you or your claim, you and Quest agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering San Francisco County, Northern California. Both you and Quest irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Quest may bring a claim for equitable relief in any court with proper jurisdiction.
(iii) Survival. This arbitration agreement will survive the termination of your (or your Child’s) participation in Quest or use any of the other Quest Services or your relationship with Quest.
(c) 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 21. above by sending written notice of your decision to opt-out to support@joinquest.com. The notice must be sent to Quest within thirty (30) days of your use of any of Quest Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
(d) Improperly Filed Claims. All claims you bring against Quest must be resolved in accordance with this Section 21.. All claims filed or brought contrary to this Section 21. shall be considered improperly filed. Should you file a claim contrary to this Section 21., Quest may recover attorneys’ fees and costs up to $15,000, provided that Quest has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
(e) Prevailing Party. In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, Quest or any of Quest Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court costs.
(f) LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, QUEST OR ANY OF THE OTHER QUEST SERVICES OR YOUR RELATIONSHIP WITH QUEST MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED.
22. Severability.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
23. Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Quest. Nothing in these Terms shall create any obligation between either party and a third party.
24. Assignment.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Quest without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
25. Survival.
Upon termination of these Terms, your (or your Child’s) participation in Quest, your use of the Site or any of the other Quest Services or your relationship with Quest any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4.4 and 9 - 30.
26. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
27. Electronic Communications.
The communications between you and Quest use electronic means, whether you visit the Site or the other Quest Services or send Quest emails, or whether Quest posts notices on the Site or the other Quest Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Quest in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Quest provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
28. Disclosures.
Quest, the Site and the other Quest Services are offered by Quest Learning, Inc., located at: 548 Market St PMB 32014, San Francisco, California 94104 and email: support@joinquest.com. If you are a California resident, you may have this same information emailed to you by sending a letter to Quest Learning, Inc., 548 Market St PMB 32014, San Francisco, California 94104 with your email address and a request for this information.
29. Consumer Complaints.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
30. Entire Agreement.
These Terms, together with the Privacy Policy, are the entire agreement between you and Quest relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Quest as set forth in Section 8 above.
31. Contact Information
If you have questions or comments about this Privacy Policy please contact us by email at support@joinquest.com or by mail at Quest Learning, Inc., 548 Market St PMB 32014, San Francisco, California 94104.
Last Modified Date: February 20, 2023