IMPORTANT – PLEASE READ CAREFULLY BEFORE CONTINUING TO USE THE APPLICATION OR WEBSITE
Last Updated: August 14, 2019
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.
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 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.
IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR IF YOU HAVE ANY MEDICAL EMERGENCY, YOU MUST IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. THE APP AND WEBSITE DISPLAY THE SUICIDE HOTLINE IN SEVERAL PROMINENT LOCATIONS AND HAVE AN INDEX OF NATIONAL, REGIONAL AND STATE RESOURCES FOR MENTAL HEALTH EMERGENCIES WHICH WE IMPLORE ALL USERS OF OUR SERVICES TO USE WHEN FACED WITH AN IMMEDIATE OR EMERGENT CRISIS.
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.
Medical Advice Disclaimer
The Services are intended to provide a convenient platform whereby You can answer questions regarding autism or ADHD or the person with autism or ADHD for whom you are caring and be connected with a BCBA to provide you with guidance, support and feedback. 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.
The Services may use email or a text function to send content that may contain Protected Health Information (PHI), such as an individual's name and recommended courses of treatment. By continuing, you agree to the following: (1) You understand that this form of communication can be insecure and may result in unauthorized access to PHI, (2) You are aware of the extent of PHI being communicated via email or text function, (3) Appropriate documentation of an individual’s consent to proceed with the above actions has taken place.
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 email@example.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.
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.
AnswersNow may make the Services available to You free of charge. You acknowledge and agree that AnswersNow may, in its sole discretion, charge You for and collect fees from You for the use of the Services. AnswersNow will provide You with notice of any fee collection via the Services prior to implementing such a fee, and You may choose at that time to continue to use the Services or not. If you choose not to pay the fees, AnswersNow reserves the right to immediately terminate your access to the Services.
AnswersNow also charges fees for Your access to the Services on a subscription basis. If You are subscribing to the Services, AnswersNow will bill You in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a subscription. Your subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your profile page. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your subscription immediately after the subscription starts if you do not want it to renew.
You may terminate this Agreement at any time by cancelling your subscription or notifying AnswersNow via email at firstname.lastname@example.org. 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.
Third Parties and 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.
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.
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 email@example.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:
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.
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.
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.
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.
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: firstname.lastname@example.org 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 email@example.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 firstname.lastname@example.org or write to us at:
1717 East Cary Street
Richmond, Virginia 23223
CTO: Morry Belkin (email@example.com)