YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ANSWERSNOW SERVICES. BY CLICKING THE INSTALL BUTTON AND INSTALLING THE APPLICATION OR UTILIZING THE WEBSITE, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR CONTINUE TO USE THE SERVICES.
Any information that AnswersNow collects through your use of the Services is subject to the AnswersNow Privacy Policy, which is part of these Terms.
By continuing to use the Services, You agree as follows:
- You are at least 18 years old or have been legally emancipated;
- You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
- You will use the Services in a manner consistent with applicable laws and regulations, and with these Terms of Use, as they may be amended by AnswersNow from time to time; and
- You understand, accept, and have received this Agreement and its Terms, and acknowledge and demonstrate that You can access these Terms at will via the AnswersNow web site at www.getanswersnow.com/terms or on the AnswersNow App.
If You do not agree with and accept these Terms, please discontinue all further use of the Services.
DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND ANSWERSNOW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING SUPPORT@GETANSWERSNOW.COM WITHIN 30 DAYS OF ACCEPTING THESE TERMS.
Terms of Use
Thank you for choosing to use AnswersNow to get paired with and keep in contact with a Board Certified Behavior Analyst (BCBA) to provide ABA therapy services via a telehealth modality. Please read the following AnswersNow Terms of Use ("Agreement" or “Terms of Use”) carefully before continuing. This is a legal contract between AnswersNow, Inc. ("AnswersNow" or “Us” or “We”) and you ("You" or "User") and governs Your use of the AnswersNow application (the “App”) and the www.getanswersnow.com website (the “Website”) (the App and the Website are, collectively, the “Services”), and all of the text, data, information, graphics, photographs, and more (all of which We refer to as “Content”) We may make available to You through the Services. This Agreement applies to individuals who download and/or access the Services. AnswersNow is willing to allow You to use the Services and Content only upon the condition that You accept all of the terms and conditions contained in this Agreement. Any capitalized term not defined in these Terms of Use is defined in the AnswersNow Privacy Policy.
Medical Advice Disclaimer
The Services are intended to provide a convenient platform whereby You can connect with a BCBA to receive telehealth ABA services, including assessment, treatment planning, direct therapy, and parent/caregiver training. You should not use the Services to determine the need for immediate clinical action. If at any time You are concerned about Your care, or You believe or someone else advises You that You have or suspect that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.
THE SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS, AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.
Electronic Communication
You understand and acknowledge that AnswersNow uses a digital platform to conduct services. As such, you agree to AnswersNow providing services online over your personal internet connection. We will communicate with you primarily using our secure portal, and expect you to do the same with us. However, at times, it may be necessary to reach you via text message, email, or other forms of electronic communication, for reasons such as appointment reminders. In doing so, we will not use any protected health information (PHI). You consent to receive communication from AnswersNow via mobile phone, text messages, e-mail, and any kind of online communications, provided that these communications comply with privacy regulations. If you wish not to be contacted by any of the above listed modalities, you can contact AnswersNow at support@getanswersnow.com to specify these requests. You understand and acknowledge that unencrypted email and text messages are not secure forms of communication. There is some risk that any PHI and other sensitive or confidential information that may be contained in such email may be misdirected, disclosed to, or intercepted by unauthorized parties. You understand that AnswersNow is not responsible for any information containing PHI that you send to us using non-secure methods of communication and cannot be held liable for any interceptions of this information that may result from your actions.
SMS Terms of Service
AnswersNow sends automated text messages for OTP (one-time password) codes to use during login, as well as appointment reminders for upcoming appointments on AnswersNow.
You can cancel the SMS service at any time. Just reply “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@getanswersnow.com.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, US Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://www.getanswersnow.com/privacy
The Agreement
Services License
AnswersNow grants, and the User hereby accepts, a limited, personal, nonexclusive, nontransferable, revocable license to use the Services for the purposes for which the Services were created and under the terms and conditions set forth in this Agreement.
The license granted in this Agreement is only for the personal use of individual consumers. License agreements for all other professionals and organizations must be arranged through AnswersNow. Please contact us at support@getanswersnow.com.
You may not do any of the following yourself, or through any third party, and you may not permit any third party with whom you have a business or personal relationship to do any of the following: (A) copy the App or the Website; (B) modify or create derivative works based upon the Services; (C) decompile, disassemble, or reverse engineer the Services in whole or in part; (D) defeat, disable, or circumvent any protection mechanism related to the Services; (E) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Services, or, in particular, without limiting the generality of the foregoing, distribute the Services on any media; make the Services accessible to the public or third parties, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use the Services; (F) publish or otherwise communicate any review of, or information about, the performance of the Services to any third party without the prior written consent of AnswersNow; or (G) export, re-export, download, or otherwise use the Services in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws.
Acceptable Use
The Services are intended to provide a convenient platform whereby You can connect with a BCBA to receive telehealth ABA therapy services, including assessment, treatment planning, direct therapy, and parent/caregiver training. Users may only use the Services to connect with their BCBA and access their/their child’s treatment records. By agreeing to these Terms of Use and continuing to use the Services, you acknowledge and agree to use the Services in compliance with these Terms of Use, as well as in compliance with all applicable state and federal laws and governmental regulations.
ANSWERSNOW IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED OR IMPROPER USE OF THE SERVICES OR CONTENT, NOR CAN ANSWERSNOW BE HELD LIABLE FOR ANY SUCH UNAUTHORIZED OR IMPROPER USE. BY AGREEING TO THESE TERMS AND CONTINUING TO USE THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ANSWERSNOW FOR ANY LOSS, CLAIM, DAMAGE, OR INJURY ARISING FROM ANY UNAUTHORIZED OR IMPROPER USE OF THE SERVICES OR CONTENT ASSOCIATED WITH YOUR USER ACCOUNT.
Unauthorized Activities
AnswersNow has the right to investigate and prosecute violations of these Terms of Use to the fullest extent of the law. AnswersNow may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that AnswersNow has no obligation to monitor Your access to or use of the Services or Content or to review or edit any Content or data You enter, but AnswersNow has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms and the Privacy Policy, and/or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. AnswersNow reserves the right, at any time and without prior notice, to remove or disable access to the Services or Content that AnswersNow, in its sole discretion, considers to be in violation of these Terms of Use, the Privacy Policy, or otherwise harmful to the Services.
Termination
You may terminate this Agreement at any time by notifying AnswersNow via email at support@getanswersnow.com. AnswersNow may, at its sole discretion, suspend or disable Your use of the Services at any time, with or without prior notification, in the event the User fails to comply with these Terms, by deactivating the User's username and password or suspending operation of the system. AnswersNow reserves the right to terminate this Agreement, or to modify or terminate services and/or product offerings in connection with the Services and Content, at any time without notice to the User.
Copyright and Restrictions
The Services and Content are the property of AnswersNow or its licensors, and are protected by copyright and other intellectual property laws. Except for the rights expressly granted above, this Agreement transfers to User no right, title, or interest in the Services, or the Content, or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. AnswersNow retains sole and exclusive title to all portions of the Services and the Content, and any copies thereof, and User hereby assigns to AnswersNow all right, title, and interest in and to any modifications User makes to the Services, whether or not such modifications are permitted. None of the Content may be reproduced, transcribed, stored in a retrieval system, translated into any spoken language or computer language, retransmitted in any form or by any means (electronic, mechanical, photocopied, recorded, or otherwise), resold, or redistributed without the prior written consent of AnswersNow, except that the User may reproduce limited excerpts of Content obtained from AnswersNow sources or databases for personal use only. It is AnswersNow’s policy to terminate, in appropriate circumstances, Users or other account holders who are believed to have infringed upon AnswersNow’s copyright or other intellectual property right.
For Content obtained from third-party licensors, the User is solely responsible for compliance with any copyright restrictions and is referred to the publication data appearing in bibliographic citations, as well as to the copyright notices appearing in the original publications.
Content Provided by AnswersNow
While great care has been taken in organizing and presenting the Content, AnswersNow does not warrant or guarantee the correctness, accuracy, or timeliness of such Content. AnswersNow does not assume, and expressly disclaims, any obligation to obtain and include any information other than that provided in the Content. It should be understood that by making this material available, AnswersNow is not endorsing or advocating the use of anything described in the Content.
Protection and Security
The Services are designed to require each User to provide a valid, working e-mail address and password to access and use the Services and Content. Upon registering, You will create a password. Your e-mail address and the password are, collectively, Your “User Credentials.” You shall take all reasonable steps to ensure that no unauthorized person shall have access to the Services or Your User Credentials and to maintain strict confidentiality of Your User Credentials. You may not divulge, sublicense, assign, or transfer to any third party the username and password established during registration or provided to the You. You will be responsible for any damages or losses that may be incurred or suffered as a result of any activities that occur under Your User Credentials. You understand that provision of the username and password may be required prior to each use of the Services. The Services and Content are the valuable property of AnswersNow, the unauthorized use or disclosure of which would irreparably harm AnswersNow. Upon learning of any unauthorized possession or use of or access to the Services or Content, or any other compromise of the security of your user account, You will immediately notify AnswersNow via email including the details of such occurrence, You will assist in preventing any recurrence thereof, and You will cooperate fully in any investigation, litigation or other proceedings undertaken to protect AnswersNow's rights.
ANSWERSNOW IS NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL INFORMATION, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY. Any attempt to obtain unauthorized access or to exceed authorized access to the Services or Content shall be considered a trespass and computer fraud and abuse, punishable under applicable state and federal laws. AnswersNow hereby notifies You that any or all communications with this Services can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by AnswersNow in its sole discretion and without further notice, if legally permissible. Notwithstanding the foregoing, as a User, You remain responsible for Your individual compliance with any additional applicable notification requirements related to the unauthorized use of User Credentials or Your personal information.
Privacy
AnswersNow will protect the privacy of my health information and will not use or disclose it except as permitted by law. AnswersNow’s privacy policies are more fully described in the Privacy Notice, which is available for review and download here: https://www.getanswersnow.com/privacy. By clicking Install and installing the App, or accessing or using the App or Website, or by downloading or uploading any content from or through the Service, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy forms a part of these Terms. You understand that all existing confidentiality protections that apply to in-person treatment apply to telehealth services.
Third Parties and Third-Party Sites
Certain areas or features of the Services may take You to websites or applications that are not AnswersNow sites or applications, or otherwise in association with, third party software. By agreeing to these Terms of Use, you acknowledge that such third-party sites may have different privacy policies and terms and conditions than AnswersNow, and that Your use of such third-party sites is governed by the respective site’s privacy policy and terms and conditions. AnswersNow provides links to third-party sites to You as a convenience, and AnswersNow does not verify, make any representations, or take responsibility for such third-party sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such third-party sites.
ANSWERSNOW IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR YOUR USE OF SUCH THIRD-PARTY SOFTWARE AND MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD-PARTY SOFTWARE.
Any reference in the Services to any product, service, publication, opinion, institution, organization of any third-party entity, individual, or other content or information does not constitute or imply AnswersNow’s endorsement or recommendation.
Disclaimer of Warranty
Your use of the Services and the Content is at Your sole risk. The User assumes full responsibility for the appropriate use of guidance, support and feedback provided by the BCBA’s and/or contained in the Services and agrees to hold AnswersNow, and its third party providers, harmless from any and all claims or actions arising from User's use of the Services or the Content.
THE SERVICES AND THE CONTENT ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THE SERVERS ARE PROVIDED "AS IS" AND AS AVAILABLE, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
AnswersNow does not warrant that the Services or the Content will meet User's requirements, or that the operation of the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. Furthermore, AnswersNow does not warrant or make any representation regarding the use or the results of the use of the Services (including the related documentation) or the Content, in terms of their correctness, accuracy, reliability, or otherwise. Should the Services prove defective, you (and not AnswersNow) assume the entire cost of all necessary servicing, repair, or correction.
ANSWERSNOW EXPRESSLY DISCLAIMS ANY WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT WITH RESPECT TO THE SERVICES AND THE CONTENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions might not apply to User, and User may have other legal rights related to this Agreement that may vary from jurisdiction to jurisdiction. No salesperson or other representative of any party involved in the distribution of the Services is authorized to make any warranties with respect to the Services or the Content beyond those contained in this Agreement. Oral statements do not constitute warranties, shall not be relied upon by the User, and are not a part of this Agreement.
Indemnification
You agree to defend, indemnify, and hold AnswersNow, their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings, or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Your access to or use of the Services or Content, Your violation of these Terms of Use, or any negligent or wrongful conduct by You or related to Your User Account by You or any other person accessing the Services, Content or other information through Your account.
Limitation of Liability
IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT, OR THESE TERMS, YOUR REMEDY IS TO DISCONTINUE USING THEM. YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. ANSWERSNOW IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON THE INFORMATION INCLUDED IN THE SERVICES. ANSWERSNOW IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY THIRD PARTY, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES.
Under no circumstances, including negligence, will AnswersNow, or any other party involved in the creation, production, promotion, or marketing of the Services or the Content, be liable to any other party for any incidental, special, indirect, reliance, punitive or consequential damages, including lost data, business interruption, loss of use, lost revenue, or lost profits, arising out of or relating to this license or the Services or the Content, even if AnswersNow or such other party has been advised of the possibility of such damages.
In no event will the total liability of AnswersNow or such other party for all damages exceed the subscription fees paid by the User for access to the Services. Some jurisdictions do not allow the exclusion or limitation of consequential or indirect damages, so the above limitation may not apply to you. In such states, AnswersNow’s liability is limited and warranties are excluded to the greatest extent permitted by law.
ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.
Dispute Resolution
We want to address Your concerns without expending Your or our resources on a formal legal case, so We have developed a tiered dispute resolution process. You agree that any dispute between You and AnswersNow arising out of or relating to this Agreement will be governed by the dispute resolution procedure outlined below.
Before filing a claim against AnswersNow, You agree to try to first contact us and make a good faith, sustained effort to resolve the dispute informally by contacting us via email at support@getanswersnow.com. If a dispute is not resolved within 15 days after we receive your email, You and We agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration as set forth below:
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the parties agree to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration;
- The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is $10,000 USD or more, the parties agree to resolve the dispute through by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and AnswersNow agree otherwise, the arbitration will be conducted in Richmond, Virginia. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts, including but not limited to matters related to data security, intellectual property or unauthorized access to or use of the Service.
Exceptions to Agreement to Arbitrate: AnswersNow may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.
YOU MAY ONLY RESOLVE DISPUTES WITH ANSWERSNOW ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED UNDER THESE TERMS OF USE.
Notwithstanding the above, You can decline or “opt out” of the alternative dispute resolution process described above by contacting support@getanswersnow.com within 30 days of first accepting these Terms of Use and stating that You (first and last name) decline this dispute resolution process.
YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING-OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS OF USE.
If You opt-out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You hereby submit to the exclusive jurisdiction of any state or federal court sitting in the Commonwealth of Virginia within twenty-five (25) miles of Richmond, Virginia, in any legal proceeding arising out of or relating to this Agreement. You agree that any and all claims and matters arising out of this Agreement, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-conveniens, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.
Modification
AnswersNow reserves the right, at its sole discretion, to modify, discontinue, or terminate this Agreement or to modify these Terms of Use, at any time and without prior notice. IF WE MODIFY THESE TERMS, WE WILL POST A LINK TO THE MODIFIED TERMS IN THE SERVICES. WE WILL ALSO NOTIFY YOU VIA EMAIL. YOU CAN STORE THIS AGREEMENT AND/OR ANY AMENDED VERSION(S) DIGITALLY, PRINT IT, OR SAVE IT IN ANY OTHER WAY. ANY CHANGES TO THESE TERMS WILL BE EFFECTIVE IMMEDIATELY UPON PROVIDING NOTICE, AND SHALL APPLY TO ALL INFORMATION WE MAINTAIN, USE, AND DISCLOSE. IF YOU CONTINUE TO USE THE SERVICES FOLLOWING SUCH NOTICE, YOU ARE AGREEING TO THOSE CHANGES. If the modified Terms are not acceptable to You, You agree to immediately stop using the Services.
Certain features of the Services (and Your access to certain Content) may be subject to different terms and conditions. By using such features or any part thereof, You agree to be bound by the additional terms of use applicable to such features. In the event that any such additional terms conflict with these Terms, the additional terms will govern with respect to such features.
App Store Terms
If You downloaded the App from an app store or app distribution platform, such as the Apple App Store or Google Play, (the “App Provider”), You acknowledge and agree that: (a) this Agreement is solely between You and AnswersNow, and not with the App Provider, and that AnswersNow is solely responsible for the App (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the App; (c) in the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the App to You (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, We will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this Agreement as it relates to Your license of the App, and that, upon your acceptance of the terms and conditions of this Agreement, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the App.
General
Severability. If for any reason any provision of this Agreement is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
Governing Law. This Agreement shall be deemed to be made in Commonwealth of Virginia and shall in all respects be interpreted, construed, and governed by and in accordance with the laws of the Commonwealth of Virginia applicable to contracts executed and to be wholly performed therein, and without regard to its conflicts of laws principles. User irrevocably submits to the jurisdiction of the state and federal courts sitting in Richmond, Virginia, and any action or proceeding arising out of this Agreement will be heard and determined in such court. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof.
No Assignment. This Agreement is personal to User and User may not assign User's rights or obligations to anyone without express written consent from AnswersNow. Any attempt by You to assign or transfer this Agreement, without such consent, will be null and of no effect. AnswersNow may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices
AnswersNow to User: Any notices or other communications permitted or required hereunder to be sent to You from AnswersNow, including those regarding modifications to these Terms of Use, will be in writing and given: (i) by AnswersNow via email (in each case to the address that You provide); (ii) written or hard copy notice or (ii) by posting conspicuously to the Services, as determined by AnswersNow in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms of Use and our Privacy Policy. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
User to AnswersNow: Any legal notices or other communications permitted or required hereunder to be sent to AnswersNow from You may be sent to AnswersNow via email to: support@getanswersnow.com or via U.S. mail to: 1717 East Cary Street, Richmond, Virginia 23223.
Proprietary Rights Notice
All trademarks, service marks, logos, trade names, and any other proprietary designations of AnswersNow used herein and in the Services are trademarks or registered trademarks of AnswersNow. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Feedback and Questions
We welcome and encourage You to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing Us at support@getanswersnow.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that You own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
If you have any questions about AnswersNow policies, please email us at support@getanswersnow.com or write to us at:
AnswersNow, Inc.
1717 East Cary Street
Richmond, Virginia 23223
CTO: Morry Belkin (morry@getanswersnow.com)
