QuestFit Terms of Service
Last Updated: July 29, 2024
These Terms of Service ("Terms") explain the contractual relationship between you and QuestFit LLC ("QuestFit", "we", "us", or "our") regarding your use of, and access to, our website and associated services available through our websites (including, without limitation, the website located at www.questfit.com) (collectively, "QuestFit Websites"). "You" or "your" or "user" refers to a user of the QuestFit Websites. The QuestFit Websites are designed to connect high school and college athletes ("Athletes"), managers and coaches of travel, high school, and college athletic programs ("Managers"), and scouts for high school, college, and professional team organizations and other scouting and recruitment programs ("Scouts").
PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 18 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE QUESTFIT WEBSITES AND THE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE QUESTFIT WEBSITES AND CONTENT. BY CLICKING “AGREE”, REGISTERING AN ACCOUNT WITH US, OR OTHERWISE ACCESSING OR USING THE QUESTFIT WEBSITES OR CONTENT, YOU ARE AGREEING TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE QUESTFIT WEBSITES.
1. ACCESS AND USE
You must be at least 13 years old to access and use the QuestFit Websites. By accessing or using the QuestFit Websites, you represent that you are: (a) at least 18 years of age (or the age of majority in the jurisdiction in which you reside); (b) at least 13 years of age and have the permission of your parent or legal guardian to access and use the QuestFit Websites; or (c) the parent or legal guardian of the user accessing and using the QuestFit Websites. In each case of clauses (a), (b), and (c), you further represent that you have full authority (or the full authority of your parent or legal guardian, if applicable) to agree to and bind yourself (or your parent or legal guardian on your behalf, if applicable) to these Terms. If you are a parent or legal guardian of a user under 18 years of age and believe that the user is accessing or using the QuestFit Websites without your permission or authority, please notify us immediately at support@questfit.com.Your use of the QuestFit Websites may be subject to additional terms. Athletes’ use of the QuestFit Websites is subject to the additional Athlete Toolbox Terms and Conditions, available here. Managers’ use of the QuestFit Websites is subject to the additional Manager Toolbox Terms and Conditions, available here. Scouts’ use of the QuestFit Websites is subject to the additional Scout Toolbox Terms and Conditions, available here. Collectively, the Athlete Toolbox Terms and Conditions, Manager Toolbox Terms and Conditions, and the Scout Toolbox Terms and Conditions shall be referred to as the "Additional Toolbox Terms". To the extent any of the Additional Toolbox Terms are applicable to you, such terms shall be considered part of these Terms and are incorporated by reference herein. In the event of any conflict or inconsistency between these Terms and any applicable Additional Toolbox Terms, the applicable Additional Toolbox Terms shall govern and control with respect to your use of the respective Toolbox.Subject to your compliance with these Terms, you are granted a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the QuestFit Websites and Content solely for your personal use (or, if accessing the QuestFit Websites on behalf of your educational institution, only for the institution’s internal use). Any other access to or use of the QuestFit Websites or Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. Except for the limited right expressly granted to you in these Terms, QuestFit and its licensors expressly reserve all other rights and licenses in and to the QuestFit Websites and Content. We make no representation that the QuestFit Websites or Content is appropriate or available for use in your location. A reference to any Content on the QuestFit Websites does not imply that such Content is or will be available in your location.
2. MEDIA RELEASE AND CONSENT
2.1 YOU HEREBY GRANT TO QUESTFIT AND ITS EMPLOYEES, AGENTS, LICENSEES, SUCCESSORS, ASSIGNS, CONTRACTORS AND AFFILIATES THE IRREVOCABLE RIGHT TO TAKE AND USE VIDEO OR PHOTOGRAPHY OF YOU, YOUR PICTURE, SILHOUETTE, OTHER REPRODUCTIONS OF YOUR PHYSICAL LIKENESS, VOICE, SOUNDS, NAME, BACKGROUND, PERSONA, PERSONAL ACCOUNTS, TESTIMONIALS, OR WORDS (YOUR “LIKENESS”) FOR USE BY QUESTFIT AND ANY ANCILLARY USE OR DERIVATIVE WORKS (INCLUDING WITHOUT LIMITATION, AS THE SAME MAY APPEAR IN ANY STILL CAMERA PHOTOGRAPH AND/OR IN FILM, DIGITAL, INTERNET, OR VIDEO) FOR ALL PURPOSES, INCLUDING WITHOUT LIMITATION IN QUESTFIT WEBSITES, ADVERTISING MATERIALS, SOCIAL MEDIA ACCOUNTS, AND EMAIL CAMPAIGNS (COLLECTIVELY, THE “MATERIALS”). YOU GRANT QUESTFIT THE EXCLUSIVE, IRREVOCABLE, ASSIGNABLE, SUBLICENSABLE RIGHT TO USE, REUSE, COPY, PUBLISH, REPUBLISH, IN WHOLE OR IN PART, EDIT, ADD TO, MODIFY, CREATE DERIVATIVE WORKS FROM, AND REARRANGE THE LIKENESS AND ANY MATERIALS FOR ANY PURPOSE IN ANY MEDIA THROUGHOUT THE WORLD IN PERPETUITY. YOU HEREBY RELEASE AND DISCHARGE QUESTFIT, INCLUDING ANY CONTRACTOR, FIRM OR OTHER SERVICE PROVIDER AUTHORIZED TO PUBLISH AND/OR DISTRIBUTE ANY WORK CONTAINING THE LIKENESS, FROM ANY AND ALL CLAIMS, LIABILITIES, DEMANDS OR CAUSES OF ACTIONS THAT IT MAY HAVE OR MAY FROM NOW ON FOR LIBEL, DEFAMATION, INVASION OF PRIVACY OR RIGHT OF PUBLICITY, INFRINGEMENT OF COPYRIGHT OR TRADEMARK, OR VIOLATION OF ANY OTHER RIGHT ARISING OUT OF OR RELATING TO ANY UTILIZATION OF THE MATERIALS OR THE RIGHTS GRANTED UNDER THIS AGREEMENT.
2.2 You agree that all Materials, and copyrights contained therein, are solely owned by QuestFit, and QuestFit shall have the sole right to register the copyright in such materials in its own name. You acknowledge that You have no right of ownership in and to the Materials now existing or hereafter arising.
2.3 You represent and warrant that you have not committed or omitted to perform any act by which the rights granted herein could or will be encumbered, diminished or impaired. You further represent and warrant that no attempt shall be made from now on to encumber, diminish or impair any of the rights granted herein. All rights, licenses and privileges herein granted to QuestFit are irrevocable and not subject to rescission, restraint or injunction under any circumstances. Nothing herein shall be construed to obligate QuestFit to produce, distribute or use any of the rights granted herein.
3. CHANGES TO THE QUESTFIT WEBSITES AND THESE TERMS
3.1 We expressly reserve the right to make any changes that we deem appropriate from time to time to the QuestFit Websites and/or Content. Without limiting the foregoing, we may modify, suspend, or discontinue the QuestFit and/or any Content (or any part thereof) without notice at any time. To the maximum extent permitted under applicable law, we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the QuestFit Websites or any Content.
3.2 In addition, we may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you or by posting a revised version of these Terms or other notice on the QuestFit Websites. You should view these Terms often to stay informed of changes that may affect you. Your use of the QuestFit Websites and Content constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.
3.3 Information that you provide to us or that we collect about you through your access to and use of the QuestFit Websites and Content is subject to our Privacy Policy, the terms of which are hereby incorporated by reference into these Terms.
4. INTELLECTUAL PROPERTY
4.1 You understand and agree that materials contained on, in, or available through the QuestFit Websites, including all information data, text, photographs, images, graphics, logos, button icons, sound, music, audio clips, data, aggregation of statistics, forms, graphs, videos, typefaces, software, the selection and arrangement thereof, all source code, software compilations, and other materials and any derivative works thereof ("Our Content") are owned, controlled or licensed by or to Company and are protected by copyright, trademark, patent and other intellectual property laws. Our Content includes the QuestFit name and logo and other related names, design marks, products names, feature names and related logos (including, without limitation, trademarks). In addition, the look and feel of the QuestFit Websites (including all page headers, custom graphics, button icons, and scripts) constitutes the serve mark, trademark and/or trade dress of QuestFit and may not be copied, imitated or used, in whole or in part, without the express prior written permission of QuestFit. "Content" shall mean collectively Our Content and Your Content (as defined below). Content may not be copied, used or imitated, in whole or in part, by you, except as explicitly stated or permitted under these Terms. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the QuestFit Websites, any ownership rights in the Content.
4.2 You agree to abide by all laws, copyright notices, information, and restrictions contained in any materials or Content you access through the QuestFit Websites, and you will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Content not owned by you (i) unless otherwise expressly authorized by the owner of those materials, or (ii) in a way that violates someone else’s rights, including but not limited to QuestFit’s rights.
5. USER CONDUCT
In accessing and using the QuestFit Websites and any Content, you agree that you will comply with all applicable foreign, federal, state, and local laws, including, without limitation, copyright and other intellectual property laws, privacy laws, cyber harassment, anti-spam laws, export control laws, tax laws, and regulatory requirements.In addition, you agree that you will NOT:
- Circumvent, disable, or otherwise interfere with any security-related features of the QuestFit Websites or Content, including, without limitation, any features that enforce limitations on the use of the QuestFit Websites or any Content;
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the QuestFit Websites or any Content;
- Copy, modify, adapt, translate, or create derivative works based on the QuestFit Websites or any Content;
- Reproduce, redistribute, duplicate, sell, resell, lease, sublicense, or time-share any portion of the QuestFit Websites or Content, unless expressly authorized by us in writing;
- Remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other notice placed on or contained within the QuestFit Websites or any Content;
- Access, use, or copy any portion of the QuestFit Websites or Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms;
- Use the QuestFit Websites or Content to store or transmit viruses, worms, time bombs, Trojan horses, or other malicious code, or any “spam” or any other content or material in violation of applicable law;Collect or harvest any personal information from the QuestFit Websites or Content, including, but not limited to, usernames, passwords, or email addresses;
- Register an account on the QuestFit Websites using false information or use, or attempt to use, another’s account; or
- Attempt to interfere with the proper working of the QuestFit Websites or Content or otherwise impairing, overburdening, or disabling the same.
6. YOUR CONTENT
6.1 By submitting, posting, uploading, or otherwise providing any profile, photos, videos, comments, reports, reviews, or other information and content to us and/or the QuestFit Websites ("Your Content"), you grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, copy, modify, translate, display, perform, distribute, and otherwise act with respect to Your Content as we deem necessary to provide the QuestFit Websites and to otherwise support our business, including, without limitation, to market and improve the QuestFit Websites and to develop and/or improve other products and services. If you are an Athlete, Scout, or Manager, Your Content may also include additional materials as defined in the Additional Toolbox Terms and may be subject to such additional terms therein.
6.2 You are solely responsible for Your Content and for ensuring compliance with these Terms and any applicable laws. By submitting or uploading Your Content to QuestFit, you accept sole liability and responsibility for any of Your Content that does not comply with these Terms and/or any applicable laws. Your Content violate these Terms and are prohibited from the QuestFit if they:are harassing, threatening, abusive, libelous, defamatory, or invasive of privacy or publicity rights;contain hateful or racist terms or images or symbols, or glamorize the actions of individuals or groups advocating violence, ethnic cleansing, genocide, or similar activities;include or reveal the personal information of another person;contain a formula, instruction, or advice that could cause harm or injury;are vulgar, obscene, profane, pornographic, or otherwise objectionable or in bad taste, as determined by us in our sole discretion; orconstitute or encourage conduct that would constitute fraud, a criminal offense, or violation of another person’s intellectual property rights, give rise to civil liability, or otherwise violate any applicable law or regulation.
6.3 We have the right, but do not assume the obligation or responsibility, to monitor Your Content, and to determine whether it complies with these Terms and applicable laws. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, refuse to store, remove, or disable access to any of Your Content, including without limitation any content or comments that constitute, or are likely to constitute, an infringement, misappropriation, or other violation of the intellectual property or other proprietary rights of any third party.
7. USER FEEDBACK
All feedback, suggestions, ideas and other submissions disclosed to QuestFit in connection with your use of the QuestFit Websites (collectively, "Feedback") will be QuestFit’s property. Such disclosure of Feedback will constitute an assignment to QuestFit of all worldwide rights, titles and interests in all copyrights and other intellectual property in the Feedback. QuestFit will be under no obligations to maintain any Feedback in confidence, pay any compensation for any Feedback or respond to any Feedback.
8. COPYRIGHT INFRINGEMENTWe respect the valid intellectual property rights of others. We will respond to allegations of copyright infringement with respect to content or materials on the QuestFit Websites in accordance with the Digital Millenium Copyright Act, 17 U.S.C. 512(c)(2) (the "DMCA"). If you have reason to believe that material on the QuestFit Websites infringes your copyright or the copyright of someone on whose behalf you are authorized to act, please send a notice by email or mail to the DMCA Designated Agent, whose contact information is listed below, requesting that the infringing material be removed. The notice must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
- A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the QuestFit Websites;
- Identification of the allegedly infringing material and where the material is located on the QuestFit Websites;
Your contact information, including your name, address, telephone number, and email address;
- 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
- A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.Pursuant to the DMCA, our DMCA Designated Agent to receive notice and counter notices of claimed infringement is:
Daniel Jewett DMCA@questfit.com
We reserve the right to remove any infringing material that we believe in good faith to be copyrighted material that is used without authorization by a user of the QuestFit Websites. We also reserve the right to suspend or delete the account of any repeat offender.
9. ACCOUNTS
9.1 In order to use most aspects of the QuestFit Websites, you must register and maintain an active services account ("Account"). To set up an Account with us, you will be asked to provide certain information about yourself, such as your first and last name, email address, educational institution, contact phone number, and billing information. This information may vary depending on whether you are an Athlete, Manager or Scout. You must also create a username and password for your Account and acknowledge and agree to these Terms and the terms of our Privacy Policy. You must provide complete and accurate information when setting up an Account and keep all Account information current.
9.2 You are responsible for maintaining the confidentiality of your username and password. You agree to: (i) use a strong password and keep your password confidential and not share it with anyone else; (ii) not transfer any part of your Account to anyone else; and (iii) immediately notify us of any unauthorized use of your username, password, or Account.
9.3 You agree at all times to keep current and promptly update your Account information, including, but not limited to, your email address, contact phone number, and billing information, so that we can complete your transactions and contact you as necessary. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the QuestFit Websites and Content and/or suspension or termination of your Account.
9.4 You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, or Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your username, password, or Account without prior notice if we believe your username, password, or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you close it or report misuse.
10. FEES AND PAYMENT
10.1 You may access Content from the QuestFit Websites, which is referred to as a "Transaction," whether such Content is provided free of charge or for a fee. Each Transaction is an electronic contract between you and QuestFit. For Transactions with a fee, you agree to pay the full amount of the fee displayed within your Account and/or on the QuestFit Websites. By making any such purchase, you expressly authorize a third-party payment processor on our behalf, to charge the method of payment that you have provided to us through your Account and to collect the full amount of the fee, including any related charges and taxes. We may calculate taxes payable by you (if any) based on the billing information that you have provided to us at the time of purchase. All purchases are non-refundable and non-cancellable unless expressly indicated otherwise. Prices and fees are subject to change at any time.
10.2 You acknowledge and agree that we may use a third-party payment processor to charge you through your Account. You expressly authorize a third-party payment processor to charge and/or initiate debit transactions from the method of payment or financial account that you have provided at checkout and to collect the full amount specified, including any related fees, charges, and applicable taxes. We may calculate taxes payable by you (if any) based on the billing information that you have provided to us at the time of purchase. By submitting your payment card and/or financial account information, you grant us the right to process and store your information with any third-party payment processor, which we may change from time to time. You agree that we will not be responsible for any failures of the third-party payment processor to adequately protect such information. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. You acknowledge that we may change the third-party payment processor at any time, with or without notice to you, and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security.
11. TERMINATION
11.1 We may, in our sole discretion, without liability, and without notice to you, immediately suspend, limit, and/or terminate your access or license to use the QuestFit Websites, Content, and/or your Account for any reason, including, without limitation: (i) if we believe in our sole discretion that you have violated these Terms or any applicable laws or regulations; (ii) if we determine in our sole discretion that you are in breach of any other agreement that we have with you, or that you are otherwise not a customer in good standing with us; (iii) at the request of law enforcement, government agencies, or courts; (iv) if we believe in our sole discretion that your access to or use of the QuestFit Websites, Content or your Account may create risk (including, but not limited to, legal risk) for us, our affiliates, contractual partners, or users; (v) if we discontinue or materially modify the QuestFit Websites or Content (or any part thereof); (vi) if you ask us to close your Account ; and/or (vii) following extended periods of inactivity on your Account (for example, twelve (12) months or longer). In the case of termination under 10.1(i)-(iv), Your Content and any Content about you may be immediately deleted. Upon any termination, your Account may be closed, you may lose the right to access and use the QuestFit Websites and Content, and Your Content may be deleted within ninety (90) days of such termination or inactivity. Notwithstanding the foregoing, we retain the right to maintain any Content, in archives or otherwise, for our business purposes.
11.2 Any suspension or termination shall not affect your obligations to us under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your access to or use of the QuestFit Websites, Content, and/or your Account, shall survive including, but not limited to, the “Media Release and Consent,” “Intellectual Property,” “Fees and Payment,” “Indemnification and Release,” “Disclaimers,” “Limitation of Liability,” “Arbitration and Dispute Resolution Agreement,” and “Miscellaneous” sections of these Terms.
12. THIRD-PARTY CONTENTThe QuestFit Websites may contain content, including comments, videos, and photos, and links to other websites that are owned or operated by third parties ("Third-Party Content"). We do not investigate or monitor Third-Party Content and are not liable or responsible for it. When you use a link to go from the QuestFit Websites to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage you to read and consider the polices of these other websites before using them.
13. DISPUTES BETWEEN OR AMONG USERS
In the event of a dispute regarding an interaction related to the QuestFit Websites and associated services, you acknowledge and agree that QuestFit is under no obligation to become involved in or impose resolution in any dispute between or among users, including Athletes, Managers, or Scouts, or any third party ("Third-Party Contributor"). You agree that QuestFit has no responsibility for any liability, damages or harm resulting from any such dispute.
BY USING THE QUESTFIT WEBSITES, YOU UNDERSTAND AND AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF THIRD-PARTY CONTRIBUTORS WILL BE LIMITED TO CLAIMS AGAINST THOSE PARTICULAR THIRD-PARTY CONTRIBUTORS. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON OR SEEK ANY LEGAL REMEDY FROM QUESTFIT WITH RESPECT TO SUCH ACTIONS OR OMISSIONS.IN EXCHANGE FOR THE SERVICES PROVIDED BY THE QUESTFIT WEBSITES AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, YOU EXPRESSLY AGREE TO RELEASE QUESTFIT, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF QUESTFIT’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. 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.”
14. SECURITY
QuestFit takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the QuestFit Websites. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the QuestFit Websites and Content. You agree to notify us immediately if you discover loss or access to such information by another party not under your control or supervision. We will not be liable for any loss or damage arising from the unauthorized use of your username, password, or Account.
15. INDEMNIFICATION AND RELEASEYou agree to indemnify and hold harmless QuestFit and its officers, directors, owners, employees, contractors, and agents (collectively, the "QuestFit Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including attorneys' fees and costs) arising out of or relating to: (i) your use of the QuestFit Websites or any Content; (ii) your breach or violation of any of these Terms; (iii) your violation of the rights of any third party (including, without limitation, violation of any privacy or intellectual property or other proprietary rights); (iv) your violation of any applicable law or regulation; (v) Your Content; or (vi) any relationship, transaction, interaction, or dispute that you have with any Third-Party Contributor.
16. DISCLAIMERSYOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE QUESTFIT WEBSITES AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE QUESTFIT PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY: (I) WARRANTIES THAT THE QUESTFIT WEBSITES AND/OR ANY CONTENT WILL MEET YOUR REQUIREMENTS OR SATISFACTION; (II) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE QUESTFIT WEBSITES; (III) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (IV) WARRANTIES CONCERNING THE CAPACITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE INFORMATION OR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE QUESTFIT WEBSITES AND/OR ANY CONTENT; (V) WARRANTIES THAT YOUR USE OF THE QUESTFIT WEBSITES AND/OR ANY CONTENT WILL BE SECURE OR UNINTERRUPTED, OR THAT THE QUESTFIT WEBSITES AND/OR CONTENT WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICES; AND (VI) WARRANTIES THAT THE QUESTFIT WEBSITES AND/OR ANY CONTENT WILL BE ERROR-FREE OR THAT ERRORS IN THE QUESTFIT WEBSITES AND/OR ANY CONTENT WILL BE CORRECTED. ALL CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE QUESTFIT WEBSITES IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE QUESTFIT WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
17. LIMITATION OF LIABILITY
17.1 IN NO EVENT WILL THE QUESTFIT PARTIES BE LIABLE TO YOU FOR ANY ACTS OF OMISSIONS OF ANY THIRD-PARTY CONTRIBUTOR OR FOR ANY DIRECT OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO ANY CONTENT MADE AVAILABLE BY SUCH THIRD-PARTY CONTRIBUTOR, THE CONDUCT OF ANY THIRD-PARTY CONTRIBUTOR, OR YOUR RELATIONSHIP, TRANSACTIONS, INTERACTIONS, OR DISPUTES THAT YOU MAY HAVE WITH ANY THIRD-PARTY CONTRIBUTOR.
17.2 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE QUESTFIT PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE QUESTFIT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE QUESTFIT WEBSITES OR ANY CONTENT UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE QUESTFIT WEBSITES AND ANY CONTENT SHALL IN ALL EVENTS BE LIMITED TO THE GREATER OF FIFTY DOLLARS ($50) OR THE TOTAL AMOUNT PAID BY YOU TO QUESTFIT IN THE PRECEDING THREE (3) MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE LAW.
18. ARBITRATION AND DISPUTE RESOLUTION AGREEMENTPLEASE READ THIS FOLLOWING CLAUSES CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.
18.1 You agree that any dispute, claim, or controversy between you and QuestFit arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the QuestFit Websites or use of any Content (collectively, "Disputes") will be resolved exclusively by binding arbitration between you and QuestFit, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 18 constitute the parties’ written agreement to arbitrate Disputes under the Federal Arbitration Act.
18.2 The arbitration shall be administered by the Judicial Arbitration & Mediation Services ("JAMS") and shall be heard by a single arbitrator, pursuant to the Arbitration Rules and Procedures then in effect (the "JAMS Rules"), except as modified by this Section 18.
18.3 To begin an arbitration proceeding, a party must submit the Dispute by making a demand for arbitration, as detailed at https://www.jamsadr.com/, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules. QuestFit will reimburse those fees for Disputes totaling less than $10,000 if you are the prevailing party in such arbitration. QuestFit will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that a Dispute initiated by you is frivolous. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Cook County, Illinois, unless the arbitrator determines or QuestFit agrees that the matter should proceed in the county or state where you reside.
18.4 The arbitrator will apply and be bound by these Terms, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. You and QuestFit also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim.
18.5 EACH PARTY AGREES THAT IT SHALL BRING ANY DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
19. MISCELLANEOUS
19.1 These Terms, Additional Toolbox Terms, as applicable, and the Privacy Policy, and any additional written agreements entered into between you and QuestFit (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the QuestFit Websites and Content.
19.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
19.3 These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Illinois. If for any reason a Dispute proceeds in court, you and QuestFit: (i) agree that any Dispute may only be instituted in a state or federal court located in Cook County, Illinois; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
19.4 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
19.5 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
19.6 Failure by QuestFit to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by acts of God, decisions or actions of any governmental or regulatory authorities (including changes to applicable law), riots, strikes, acts of war, civil unrest, epidemics, pandemics, fire, flood, weather, power or communication line failures, Internet failures, earthquakes or other disasters, or other similar causes.
19.7 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will not be affected, and the invalid or unenforceable provision will be replaced by such valid and enforceable provision as comes closest to the intention underlying the invalid or enforceable provision.
19.8 Possible evidence of use of the QuestFit Websites or Content for illegal purposes will be provided to law enforcement authorities.
19.9 Discontinuation of use of the QuestFit Websites and Content is your sole right and remedy for any dissatisfaction with the QuestFit Websites or any of the Content.
20. QUESTIONS
Please contact us with any questions regarding the QuestFit Websites, Content, or these Terms at support@questfit.com.
