Terms of Service

Human.Quest

Welcome, and thank you for your interest in Human.quest (the "Website" or "Site"), and our mobile application, Human.Quest (the “App”) owned and operated by Human.Quest Inc., a Delaware Corporation, and hereafter referred to in these Terms of Service as "Human.Quest", "us", "our" or "we". Unless otherwise specified, all references to our services (the “Service”) include the content, services and products available through the Human.Quest App or the Website, as well as any software that Human.Quest provides to you that allows you to access the Services. The term "user", "you" or "your" refers to the user of the Service, including “Seekers” and “Providers” defined hereafter in section 2.a., and visitors that do not register for an account. The following Terms of Service are a legally binding contract between you and Human.Quest regarding your use of the Service.

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR APP OR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Acceptance of Our Terms
1. By visiting our website and accessing the information, resources, services, products, and tools we provide, you, and if you are acting on behalf of a third party, such third party, understand and agree to accept and adhere to the following terms and conditions as stated in these Terms of Service (hereafter referred to as ‘Term’ or ‘Agreement’), along with the terms and conditions as stated in our Privacy Policy (as defined below).
  1. All Users of the Website;
  2. Anyone who downloads or uses Website or App, including but not limited to Provider and Seeker;
  3. Anyone who enrolls for the Services of Human.Quest as a Provider or Seeker.
  4. If you do not agree to be bound by all of these Terms, you may not access or use our Service.
2. Human.Quest may change this Agreement at any time by posting an updated Terms of Service on this Website or in the App. If any amendment to these Terms is unacceptable to you, you shall cease using our App, this Website, or our Services. If you continue using the App or our Website, you will be constructively deemed to have accepted the changes.
3. In addition, certain areas of the Service may be subject to additional terms and conditions that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms and conditions applicable to such areas. If any of the additional terms and conditions governing such area conflict with these Terms of Service, the additional terms and conditions will be the controlling source.
Our Services
1. Human.Quest is an information and educational crowd-sourcing mobile app and website platform marketplace for users to ask questions and receive answers on a variety of subjects, or to provide answers to other user’s asking questions, in “Real-Time” or “Near Real-Time” (defined hereafter in section 2.b.). Human.Quest is an independent third-party providing the venue in which information can be exchanged. The exchange of information occurs in an interactive mode, including a phone/voice call supported by chat, screen sharing, video call, and whiteboarding. The App has two interchangeable user roles: “Seeker” and “Provider”. The Seeker is a human looking for an answer to a question, and that pays another person for obtaining the answer in pay as you go model, while the Provider is a human that supplies the answer to a question, and is paid for providing the answer. The Provider will determine, and set, their individual rate of compensation for providing the answer, charging the Seeker a rate by the minute. Provider and Seeker roles are interchangeable i.e. a Seeker can ask questions and also provide answers to other Seekers in the Provider role and vice versa. The Seeker types the question in the App or Website and is presented with a list of matching Providers using Machine Learning based recommendation engine. The Seeker scrolls through the presented Provider profiles to accept their offer.
2. For Real-Time answers: the Seeker selects a “call” button on one of the Provider profiles based on the Provider’s ratings and rate of compensation to connect with them over a live phone call. The Seeker can also tap to select one profile at a time to see more details about the Provider and the list of questions they have answered in the past along with their ratings. For Near Real-Time answers: the Seeker selects up to 5 Provider profiles and presses the confirm button to send the question to the selected Provider(s). Selected profiles will receive a notification on their end with the question and the buttons used to reply as follows: “Call Now”, “15 minutes” or “Not Interested”.
3. Seekers will be charged nothing for the first two (2) minutes of each call. Beginning at two (2) minutes, the Seeker’s credit card is charged in real-time based upon the duration of the call and the Provider’s per minute compensation rate as disclosed to the Seeker by the Provider through the App prior to the call. Charges are made at the end of each call.
4. Our Services will require that Seekers and Providers register for an account with Human.Quest.
5. Any modifications and new features added to the Service are also subject to this Agreement.
6. Human.Quest reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title, and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Human.Quest.
Eligibility for Our Service
1. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 13 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms.
2. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
3. Human.Quest reserves the right to request documented proof of your compliance with these terms of eligibility.
Accounts and Registration
1. To access some features of the Service, you will be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, phone number, profile photo, company name or other personal information). Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
2. If you provide Your Information to us then you agree to provide true, current, complete, and accurate information, and not to misrepresent your identity or age. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
3. Our collection, use, and disclosure of Your Information are governed by this Agreement and our Privacy Policy.
Privacy and Your Personal Information; No Professional Privacy Privilege Created
1. For information about the Human.Quest data protection practices and privacy policies, please read our Privacy Policy here https://www.human.quest/privacy-policy. This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with Human.Quest Privacy Policy.
2. Questions, answers, content, profile, names and comments posted to public areas of our Services are not private or confidential, and moreover, are not protected by doctor-patient, attorney-client or any other professional privacy privilege; it may be read, copied, and used by visitors to the Website or App. If you share “User Content”, as defined hereafter in our Terms of Service Agreement, or you post a comment or message that contains personally identifiable information to a page on our Services that is accessible to the public, third parties may use that information, or share it with other parties. As a result, you may receive unsolicited messages from other parties. Such User Content, comments or messages is not subject to our Privacy Policy and you share this information at your own risk.
Account Management
1. If you have been issued an account by Human.Quest in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties to access your account. You, and not Human.Quest, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Human.Quest immediately.
2. Human.Quest may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
3. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
4. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
5. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
Suspension and Termination of Services
1. Human.Quest may limit or suspend or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.
2. Human.Quest may also suspend providing the Services to you if we are investigating suspected misconduct by you. Human.Quest will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
3. Upon suspension or termination, your right to use the Services we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any Personal Information.
Your Access and Use of our Services
1. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
2. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you will not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you will not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
3. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
4. Except as expressly permitted in this Agreement, you will not collect or harvest any personally identifiable information, including account names, from our Services.
5. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post User Content (hereafter defined) that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that Human.Quest shall not, under any circumstances, be liable in any way for any User Content.
6. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
7. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your purchases or use of the Services.
Payment
1. Payments by Seekers to the Provider for their services will be processed by a secure third-party payment processing service that we may make available to you. You agree to comply and be bound by the terms and policies of the third-party payment processing service. You agree to pay all charges at the prices then in effect for your request, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. Credit card, bank account information, or other financial information will not be stored in Human.Quest servers.
2. Each Provider authorizes Human.Quest to accept all payments on such Provider’s behalf, and direct all payments, after deduction of any Human.Quest platform service fees, to the Providers Human.Quest Wallet via the authorized third-party secure payment platform used by Human.Quest. The balance retained in the Wallet will be transmitted the Providers selected bank account at the end of each month. Provider is liable to any service fees required by their bank.
3. All Providers, not including Human.Quest, will be liable for any taxes required to be collected on their services and remitted to the appropriate federal, state, and local authorities.
Refund Policy
A Seeker may request a refund for a call within 48 hours following the completion of the call. Please contact us at support@human.quest for refund requests. The Seeker must provide a valid reason for the refund. Eligibility for a refund is within the sole and independent discretion of Human.Quest.
No Circumvention
Seekers and Providers are prohibited from circumventing Human.Quest for the purpose of engaging one another. Seekers and Providers may not contact each other, in any manner whatsoever, with the intent and purpose of avoiding Human.Quest Services. Any violation of this non-circumvent term is a material breach of the terms of this Agreement and will result in the immediate termination of one or both users account(s).
Independent Contractors; No Guarantees, Warrantees or Endorsements
1. The Providers on our Site are independent contractors and Human.Quest is not a party to any relationship, dealings or contract between Seekers and Providers, including performance of Provider's services. Human.Quest is only a marketplace venue that provides a platform on which users can meet, ask questions and receive answers. Human.Quest does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any services produced by Providers.
2. Human.Quest does not itself offer to perform any Provider services. Providers are not employees or agents of Human.Quest. Human.Quest does not, in any way, supervise, direct, or control the Provider or the Provider’s work. Human.Quest is not an agent or representative of either Seekers or Providers.
3. Human.Quest does not deduct any amount for unemployment insurance, FICA, tax withholding or other taxes for the Provider. The Provider is solely responsible for any taxes they are required to collect and remit to any federal, state, or local tax authority.
4. HUMAN.QUEST MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES WHATSOEVER WITH RESPECT TO THE ACCREDITATION, REGISTRATION OR LICENSING OF ANY PROVIDER, OR FOR THE ACTUAL SERVICES OFFERED OR DELIVERED BY PROVIDERS THROUGH THE USE OF OUR SERVICES, WHETHER IN PUBLIC, IN PRIVATE, AND IN ONLINE OR OFFLINE INTERACTIONS.
Licenses, Permits and Provider Qualifications
Human.Quest does not request or verify any Provider's professional credentials, license, permit or qualifications. If professional credentials of a Provider are desired by a Seeker, they must determine for themselves whether the Provider is licensed and qualified to perform the services requested. Human.Quest cannot, and does not, represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of either Providers or Seekers.
Disclaimer; Medical, Legal, Accounting, Financial and Other Professions HUMAN.QUEST DESIRES TO PROVIDE USEFUL GENERAL INFORMATION FOR OUR COMMUNITY THOUGH ACCESS TO PROVIDERS, NOT PROFESSIONAL MEDICAL, LEGAL, ACCOUNTING, FINANCIAL OR OTHER PROFESSIONAL ADVICE. THE INFORMATION SUPPLIED BY THE PROVIDERS ON OUR SITE IS NOT INTENDED TO BE UTILIZED FOR MEDICAL, LEGAL, FINANCIAL OR OTHER PURPOSES WITHOUT SEEKING THE ADVICE OF A LICENSED PROFESSIONAL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, OR ARE EXPERIENCIN A MEDICAL EMERGENCY, PLEASE CALL 911 OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY.
Guidelines For Reviews
1. We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the user being reviewed; (2) you may not post any false or misleading statements; (3) your reviews should not contain profanity, or abusive, racist, offensive, or hate language; (4) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (5) your reviews should not contain references to illegal activity; (6) you should not be affiliated with competitors if posting negative reviews; (7) you should not make any conclusions as to the legality of conduct; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
2. We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Intellectual Property Rights
1. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Human.Quest. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited, unless specifically authorized by Human.Quest.
2. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are the property of their respective owners.
3. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, videos, audio files, line art, icons, and renditions, are copyrighted by, or otherwise licensed to us, or to Our Content suppliers.
4. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display, and enhancement of Our Content (the "Collective Work").
5. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading, listening to, or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
6. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us, or our affiliates, as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Proprietary Rights
As between Human.Quest and you, Human.Quest or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Human.Quest.
Use of Our Content
1. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Services for your personal, noncommercial use only and as permitted by the features of the Service. Human.Quest reserves all rights not expressly granted herein in the Services and Our Content. Human.Quest may terminate this license at any time for any reason or no reason.
2. You shall not delete any proprietary notices or materials with regard to the foregoing.
3. You will not modify Our Content or the Collective Work, or utilize them for any commercial purpose or any other public display, performance, sale, or rental; nor may you decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
Information Accuracy
1. With the exception of any answers produced by Providers, Human.Quest attempts to ensure that our Website and App content is complete, accurate and current. Despite our best efforts, the information in our Website and App content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or currency of any information in our Website and App content.
2. Furthermore, information in our Website and App content may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct or make changes to such information without notice.
User Content Rights and Related Responsibilities; Your License to Human.Quest
1. "User Content" means, without limitation, any questions from Seekers, answers from Providers, text, messages, reviews, comments, feedback, suggestions, hyperlinks, documents, audio, video, digital files, images, photos, artwork, or any other content you, as a Seeker or as a Provider, upload, transmit or otherwise make available to Human.Quest and/or its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Human.Quest and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content, or any damages arising from our use of your User Content.
2. WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU. THE USER CONTENT YOU CREATE REMAINS YOURS. However, you understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and this Agreement. Human.Quest has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
3. By submitting, posting, displaying, providing, or otherwise making available any User Content on or through the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Human.Quest a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Human.Quest’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
4. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to display, transmit, manipulate, process, store and copy User Content. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
5. Human.Quest takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Human.Quest shall not be liable for any damages you allege to incur as a result of or relating to any User Contentis your responsibility to back-up any User Content to prevent its loss.
6. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Human.Quest resulting therefrom.
7. Human.Quest may block, remove or return any User Content at any time in our sole discretion for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
8. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy or confidentiality.
9. You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to use, and disclose, the Idea on a non-confidential basis or otherwise to anyone without any additional compensation to you.
10. You agree not to upload or post as part of the Service any content that is false, offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, defamatory, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, violates the rights of any party, gives rise to liability, is politically oriented, contains corrupted data or any other harmful, disruptive, or destructive files or would constitute or encourage a criminal offense.
11. In connection with your User Content, you affirm, represent and warrant the following: i. you have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use; ii.You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties; iii.Your User Content and the Company’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; iv.Human.Quest may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
12. We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of Human.Quest and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. For the avoidance of doubt, this does not refer to Personal Information. All Personal Information is covered by our Privacy Policy.
Acceptable Use Guidelines
Human.Quest is committed to providing a safe and friendly platform. To ensure the best possible experience for all users of our Services, we have established some basic acceptable use guidelines and rules for your use. By using our Services, you agree that you have read and will follow the rules and guidelines set forth below. Please take a moment to acquaint yourself with these important rules and guidelines. In order to preserve a climate that encourages productive, civil, and meaningful interaction, Human.Quest reserves the right to suspend or terminate a user’s account for a violation of these rules.

You agree not to use our Service to transmit or distribute any messages or User Content as defined in our Terms of Service that is offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or contains illegal material. The following includes, without limitation, examples of the things you may not do:
1. Engage in any activity that is illegal, fraudulent or will violate any federal, state or local law, statute, ordinance or regulation;
2. Send or promote messages that involve violence, racism, bigotry, hatred, physical harm or discrimination of any kind against any group or individual.
3. Stalk, harass, defame, abuse, bully, threaten or otherwise violate the legal rights of others.
4. Send or promote material that exploits people in a sexual, pornographic or violent manner.
5. Send or promote anything that exploits children or minors or that depicts cruelty to animals.
6. Provoke or antagonize people, including trolling.
7. Send or promote anything that depicts people in places where they have an expectation of privacy without their knowledge and consent, like someone’s home, a bathroom, dressing room, locker room, etc.
8. Impersonate any person or entity.
9. Advocate for or harass or intimidate another person.
10. Promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable.
11. Engage in sending illegal or impermissible communications including, without limitation bulk messaging and auto-messaging.
12. Send or promote messages that encourage or suggest self-harm to another person.
13. Solicit personal information from anyone under the age of 18.
14. Use the service in an illegal manner, to commit an illegal act or to provide instructional information about illegal activities.
15. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware.
16. Infringe upon someone else's trademark, copyright or other intellectual property or other rights.
17. Promote unsolicited commercial activities including without limitation sales, contests, sweepstakes, barter, advertising, and business offers.
18. Engage in spam. Please don't transmit, distribute or post any advertising, promotional materials, junk mail, "spam," chain letters, pyramid schemes, or any other form of solicitation.
19. Use the Services to spread misinformation in any way to the best of someone's knowledge.
20. Provide Human.Quest with false, misleading, or inaccurate Personal Information about yourself.
Human.Quest reserves the right to suspend or terminate any user account at any time for any reason, with or without warning and without liability to the user. If you violate these guidelines, we may suspend or terminate your account and notify law enforcement. Please respect and honor these guidelines and report any violations to support@human.quest. We have no obligation to delete content that you find personally objectionable or offensive. We reserve the right to modify these rules with or without notice at any time. If you have questions, comments, concerns or feedback regarding these guidelines or our Services, please contact us at support@human.quest
Multiple Accounts.
You agree and understand that you can only have one active account. If we determine that a You are using multiple accounts, we reserve the right to merge or terminate one or more of the accounts, limit Your use of the Services, or refuse their continued use of the Services.
Third-Party Links, Services and Content
The Service may contain features, services and functionalities linking you to, or providing you with, access to third party services, products, advertisers, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs and the Internet as a whole. Because we have no control over such websites and resources, we are not responsible for the availability of such external sites or resources. Furthermore, we do not endorse and are not responsible or liable for any content, products, advertising, or other materials on, or available from, such websites or resources. When you visit or use a third party’s website, you agree to read and consent to the third party’s Terms of Service and Privacy Policy. You release us from any liability of any violations of the third party’s Terms of Service and Privacy Policy or any applicable law by you.
Third-Party Social Networking
If you access our Services through a third-party social networking website or application including, but not limited to, Facebook, LinkedIn or Twitter, you authorize Human.Quest to access certain information about you that is made available through that third-party social networking site and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.
Electronic Communications
1. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
2. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Additional charges from your telecommunication carrier may apply.
Security
Violating the security of our Services is prohibited and may result in criminal and civil liability. Human.Quest may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
Human.Quest Mobile App Software
We make software available to access the Human.Quest mobile App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Human.Quest does not warrant that the Mobile Software will be compatible with your mobile device. Human.Quest hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for a single Human.Quest account on a mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright, trademark and other proprietary rights notices on the Mobile Software. You acknowledge that Human.Quest may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Human.Quest or its third party partners or suppliers retain all right, titles, and interests in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Human.Quest reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of Mobile Software and the Human.Quest App.
Mobile Application from a Third-Party App Store
1. You acknowledge and agree that (i) the Terms are concluded between you and Human.Quest only, and not the Third-Party App Store, and (ii) Human.Quest, not the Third Party App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Third-Party App Store Terms of Service.
2. You acknowledge that the Third-Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the Third-Party App Store, and the Third Party App Store will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Human.Quest and the Third-Party App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Human.Quest.
4. You and Human.Quest acknowledge that, as between Human.Quest and the Third Party App Store, the Third Party App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
5. You and Human.Quest acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Human.Quest and the Third Party App Store, Human.Quest, not the Third Party App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
6. You and Human.Quest acknowledge and agree that the Third Party App Store, and their subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, the Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
7. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the Third-Party App Store Sourced Application
Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. Since we respect artist and content owner rights, it is the Human.Quest’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the Company’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and, e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the Copyright Agent at: support@human.quest

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying Human.Quest and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Human.Quest has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Human.Quest may also at its sole discretion limit access to the Service and/or terminate the Services of any Users (Provider or Seeker) who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Counter-Notice

If you receive notification that your User Content has been removed from the Services, you have an opportunity to appeal this removal if you believe that your User Content was removed in error. If you believe that the removed User Content does not violate any third-party rights, or you have authorization from the rights-holder or the rights-holder’s authorized agent to use the material in question, you may appeal the removal by sending an email notice to the Copyright Agent at: support@human.quest with the following information:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a resolt of a mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a signed statement that you consent to the jurisdiction of state and federal courts in the state of New Jersey, and that you will accept service of process from the party who made the initial infringement claim (or their authorized agent) if they choose to pursue legal action.
Disclaimers; No Warranties
1. ALL SERVICES AND PRODUCTS AVAILABLE FROM HUMAN.QUEST ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HUMAN.QUEST AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “HUMAN.QUEST PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. HUMAN.QUEST MAKES NO REPRESENTATIONS ABOUT, AND DOES NOT GUARANTEE OR WARRANTY THE QUALITY, SAFETY, OR LEGALITY OF THE PROVIDER’S SERVICES, I.E. ANSWERS TO QUESTIONS POSED BY SEEKERS, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS AVAILABLE THROUGH THE USE OF OUR SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
4. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES AND INFORMATION ON THIS SITE AT ANY TIME WITHOUT NOTICE HOWEVER WE HAVE NO OBLIGATION TO DO SO.
5. THE HUMAN.QUEST PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
6. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
7. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
8. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
1. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES; (II) YOUR ACCESS AND USE OF USER CONTENT SUBMITTED TO YOU, OR TO OUR SERVICES, BY OTHER USERS; (III) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (IV) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (V) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (VI) YOUR RELIANCE UPON, OR USE OF, OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
2. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
3. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
4. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF HUMAN.QUEST, AND OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS, IN CONNECTION WITH OR UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE), OR OTHERWISE, EXCEED USD $100.
5. YOU AND HUMAN.QUEST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
6. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
1. You agree that you will be personally responsible for your use of the Service; and you further agree to defend, indemnify and hold harmless Human.Quest and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of, the Service or the products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any death, or serious physical or emotional harm, to you or any third party resulting from your use of the Services or products purchased though the Service.
2. Provider further agree to indemnify and hold harmless the Indemnified Parties from any Claim arising from (i) any act, omission, transaction, interaction, advice, counseling, or services provided by such Provider to a Seeker; (ii) any communication from a Provider to a Seeker.
3. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Release
1. By using the Services, you release, to the maximum extent allowed by law, Human.Quest, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, your use of our Services or products purchased though the Service, including without limitation, any death or serious emotional or physical harm.
2. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Interruption of Service
1. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
Recording of Communications.
Human.Quest shall keep records of all services and activities that it is providing, as well as for all transactions undertaken. Therefore, all communication between Provider, Seeker and Human.Quest is being recorded and kept by Human.Quest, and recordings will be the sole property of the Human.Quest. You further understand, accept and agree herewith that Human.Quest may monitor and/or record any electronic communications between the Parties (including but not limited to, telephone calls, emails, video calls, support chat/screen-sharing, whiteboarding, SMS and instant messages), relating to any transactions concluded when dealing on providing Services well as for quality monitoring, training and other regulatory purposes. Human.Quest will also record any other communication between the Parties, including chat messages, e-mails and other electronic communications, even if those conversations or communications do not result in the conclusion of such Services. The Company reserves the right to use these records where it deems necessary, including, but not limited to dispute resolution situations.
36. No Professional Advice.
If the Service provides professional information (for example, legal or financial), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
No Medical or Healthcare Advice.
While Providers may provide services to Seeker, Human.Quest or the Services do not provide medical or health care advice or counseling. Any information related to health care or wellness which are included in the Services are for general reference or informational purposes only and are not a substitute for the advice of a licensed healthcare professional.
Governing Law
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of New Jersey in and for the County in which Human.Quest has established its principal office.
Our Remedies
1. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
2. For purposes of this section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of New Jersey in and for the County in which Human.Quest has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.

You and Human.Quest agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Human.Quest (including any claim or dispute between you and a third-party agent of Human.Quest) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Human.Quest or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
1. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Human.Quest, except as otherwise stated in this Agreement.
2. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Human.Quest, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
3. (c) Attorney’s Fees. In the event the Company brings any action at law or at equity for the enforcement of any rights hereunder or in connection with any claim, controversy, or dispute arising from or in connection with this Agreement, the Company shall be entitled to collect from the Client, in addition to any damages, all costs, fees, and expenses incurred in such dispute, including but not limited to reasonable attorneys’ fees
4. Prohibition of Class and Representative Actions and Non-Individualized Relief. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
5. Waiver of Jury Trial. EACH PARTY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY IN ANY ACTION, PROCEEDING OR OTHER LITIGATION OF ANY TYPE BROUGHT BY ANY PARTY AGAINST THE OTHER PARTY OR ANY AFFILIATE OF SUCH OTHER PARTY, WHETHER WITH RESPECT TO CONTRACT CLAIMS, TORT CLAIMS OR OTHERWISE. THE PARTIES AGREE THAT ANY SUCH CLAIM OR CAUSE OF ACTION SHALL BE TRIED BY A COURT TRIAL WITHOUT A JURY. WITHOUT LIMITING THE FOREGOING, THE PARTIES FURTHER AGREE THAT THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY IS WAIVED BY OPERATION OF THIS SECTION AS TO ANY ACTION, COUNTERCLAIM OR OTHER PROCEEDING WHICH SEEKS, IN WHOLE OR IN PART, TO CHALLENGE THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT OR ANY PROVISION HEREOF. THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COMPETENT COUNSEL
6. Pre-Arbitration Dispute Resolution. We at Human.Quest believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@human.quest. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Human.Quest should be sent to the address provided in the Contact Us section at the end of these Terms of Service ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Human.Quest and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Human.Quest may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Human.Quest or you shall not be disclosed to the arbitrator during the arbitration proceeding.
7. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Human.Quest and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Human.Quest agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
8. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
9. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
10. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of New Jersey in and for the County in which Human.Quest has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within the State of New Jersey for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of New Jersey; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of New Jersey.
Law Enforcement
1. Human.Quest is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Human.Quest receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
2. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Human.Quest may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Human.Quest will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or App, or to receive further information regarding use of our Site or App.
Jurisdiction and Venue.
Subject in all ways to Section 39 hereof, each of You and Human.Quest irrevocably submits to the jurisdiction of any State or Federal court sitting in New Jersey(collectively, the “Designated Courts”) for the enforcement of the final determination of any arbitration brought pursuant to Section 39 hereof and, as necessary, for the enforcement of any injunctive relief or enforcement with respect to the applicable provisions hereof. You and Human.Quest further agrees that service of any process, summons, notice or other document by U.S. registered mail or email to such party’s respective address as provided in connection with the Services shall be effective service of process for any action, suit or proceeding in the Designated Courts or in connection with any arbitration action with respect to any matters to which the Parties have submitted to jurisdiction as set forth herein. You and Human.Quest irrevocably and unconditionally waives any objection to the laying of venue of any dispute, action, suit or proceeding arising out of this Agreement or the transactions contemplated hereby in any arbitration proceeding or court located in New Jersey and hereby further irrevocably and unconditionally waives and agrees not to plead or claim in any such arbitration proceeding or Designated Court that any such dispute, action, suit or proceeding brought in any such Court or arbitration proceeding has been brought in an inconvenient forum or venue.
Amendments to this Agreement
We may modify this Agreement, our Privacy Policy and any other Human.Quest Policy from time to time. If we make material changes to it, we will provide you notice through our Site, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account and terminate your use of the Services. Your continued use of our the Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms as of their effective date..
Severability
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
Assignment.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees.
No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Business Days
If any time period for giving notice or taking action hereunder expires on a day which is a Saturday, Sunday or legal holiday in New Jersey, the time period shall automatically be extended to the business day immediately following such Saturday, Sunday or legal holiday.
Currency
Unless otherwise specified in this Agreement, all references to currency, monetary values and dollars set forth herein shall mean United States (U.S.) dollars and all payments hereunder shall be made in United States dollars.
Construction.
In the event an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. Any reference to any law shall be deemed also to refer to all rules and regulations promulgated thereunder, unless the context requires otherwise. The word “including” shall mean including without limitation. Pronouns shall be deemed to refer to the masculine, feminine, and neutral and to the singular or plural as context requires. The section headings are included for convenience purposes only and shall not affect the meaning or construction of the substantive provisions hereof. The Recitals are incorporated into this Agreement by reference as if fully set forth herein. Each of the Company and you are referred to as a “Party” and together, the “Parties”.
Entire Understanding.
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

CONTACT US:

If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@human.quest.

Last updated: November 11, 2022

Terms of Service

Human.Quest

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