Terms of Use
Last updated Nov 7, 2022
The www.answerlab.com website (“Site”) is operated by AnswerLab, LLC (collectively, “AnswerLab” or “us” or “we”). These Terms of Use and any additional terms or conditions that we post on the Site from time-to-time (“Terms of Use”) set forth the terms and conditions under which you may enter and use the Site and any services available on the Site which may include, but are not limited to, the ability to submit requests for information about our services and products and to sign up for our newsletters (collectively the “Services”). You may be required to submit your name and a valid email address. Please read the Terms of Use carefully. By entering, accessing, or using the Site (or registering with the Site), you agree to the Terms of Use without limitation or qualification. If you do not agree to the Terms of Use (without limitation or qualification), you are not authorized to view or use the Site, and you must exit this Site, and cease all access to and use of the Site. The Terms of Use govern your access to and use of the Site regardless of the manner in which you access the Site (internet, mobile network, etc.).
BY USING THE SITE, OR BY ACCESSING AND USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SITE OR SERVICES AND TO ENTER INTO THIS AGREEMENT.
These Terms of Use state the legally binding terms with respect to your use of the Site. AnswerLab reserves the right to modify or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on the Site. If AnswerLab revises the Terms of Use, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the “TERMS” or “TERMS OF USE” hypertext link located at the bottom of the main page of the Site. Your continued entry to and/or use of the Site after AnswerLab posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use.
BY USING THE SITE, OR BY ACCESSING AND USING THE SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH THE ACCESS AND USE. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SITE OR SERVICES AND TO ENTER INTO THIS AGREEMENT.
These Terms of Use state the legally binding terms with respect to your use of the Site. AnswerLab reserves the right to modify or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on the Site. If AnswerLab revises the Terms of Use, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the “TERMS” or “TERMS OF USE” hypertext link located at the bottom of the main page of the Site. Your continued entry to and/or use of the Site after AnswerLab posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use.
1. General Use and Restrictions
1.1. Use of Site. Conditioned upon, and subject to, your strict compliance with the Terms of Use, AnswerLab grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site to view information, use the Services and for other purposes expressly permitted by AnswerLab in writing on the Site.
You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. AnswerLab may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and AnswerLab gives you express notice thereof.
1.2. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy, which we encourage you to review.
1.3. Use of Content. You may print or copy any information displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 1.4 below.
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving AnswerLab’s express written permission. You further agree not to, without first obtaining AnswerLab’s express written permission, (a) use any of its brands, trademarks or service marks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
You agree not to enter or use the Site for any purpose that is prohibited by the Terms of Use or is otherwise unlawful. You further agree to comply with all applicable laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Site. AnswerLab may, in its sole discretion, terminate or suspend your entry to, and/or use of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to enter the Site is terminated, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, and (b) if your authorization to enter the Site is suspended, you will not thereafter enter, or attempt to enter, the Site, directly or indirectly, until your suspension is removed and AnswerLab gives you express notice thereof.
1.2. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy, which we encourage you to review.
1.3. Use of Content. You may print or copy any information displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 1.4 below.
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving AnswerLab’s express written permission. You further agree not to, without first obtaining AnswerLab’s express written permission, (a) use any of its brands, trademarks or service marks as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2. Linking and Third-Party Dealings
2.1. Links to External Sites. AnswerLab may provide hyperlinks to other web sites and Internet resources operated by parties other than AnswerLab. AnswerLab has no control over such sites and resources or their privacy policies or terms of use and AnswerLab’s policies and terms no longer govern. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
2.2. Linking to the Site. Subject to the further provisions of this Section 2, AnswerLab welcomes links to the Site from other web sites. However, if AnswerLab demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
2.2. Linking to the Site. Subject to the further provisions of this Section 2, AnswerLab welcomes links to the Site from other web sites. However, if AnswerLab demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
3. Intellectual Property
3.1 General. Except for Content that is in the public domain, the Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) AnswerLab or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms of Use, all rights in and to the Site and Content are expressly reserved by AnswerLab.
3.2 Trademarks. The brands, logos, tradenames, trademarks (both registered and common law) and service marks (both registered and common law) are the property of AnswerLab, its affiliates, and their respective licensors. Not all brands, logos, tradenames, trademarks and service marks of AnswerLab and its affiliates appear on this Site. Except as expressly provided in Section 1.3 above, none of the foregoing may be copied, imitated or used, in whole or in part, without AnswerLab’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of AnswerLab or its licensors and may not be copied, imitated, or used, in whole or in part, without AnswerLab’s prior written permission.
3.2 Trademarks. The brands, logos, tradenames, trademarks (both registered and common law) and service marks (both registered and common law) are the property of AnswerLab, its affiliates, and their respective licensors. Not all brands, logos, tradenames, trademarks and service marks of AnswerLab and its affiliates appear on this Site. Except as expressly provided in Section 1.3 above, none of the foregoing may be copied, imitated or used, in whole or in part, without AnswerLab’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of AnswerLab or its licensors and may not be copied, imitated, or used, in whole or in part, without AnswerLab’s prior written permission.
4. Dispute Resolution And Arbitration/ Jury Trial Waiver/Class Action Waiver
4.1 Arbitration. AnswerLab and you agree to arbitrate all disputes and claims that arise from or relate to these Terms, the Site, or the Services in any way, except for claims arising from bodily injury. THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. This agreement to arbitrate is intended to be broadly interpreted, including, for example:
- claims arising out of or relating to any aspect of the relationship between us that is created by or involves these Terms, the Site, or the Services, regardless of the legal theory;
- claims for mental or emotional distress or other emotional/mental injury arising from the relationship between us;
- claims that arose before you accepted these Terms (such as claims related to disclosures or the marketing of the Services or the process for seeking approval to use the Services);
- claims that may arise after the termination of your use of the Site or the Services or any agreement between us; and
- claims brought by or against our respective subsidiaries, parent companies, members, affiliates, as well as the respective officers, directors, employees, agents, predecessors, successors, and assigns of these entities, you, and AnswerLab.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE, LAW, YOU UNDERSTAND AND AGREE THAT WE ARE EACH (A) WAIVING THE RIGHT TO A TRIAL BY JURY; (B) WAIVING THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION; AND (C) WAIVING THE RIGHT TO CLAIM OR RECOVER PUNITIVE DAMAGES AGAINST THE OTHER. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.
4.2 Notice of disputes. If either of us intends to seek arbitration of a dispute, that party must provide the other with notice in writing. The notice to AnswerLab should be sent to: AnswerLab Legal Department, 575 Market Street, Suite 2600, San Francisco, CA 94105. AnswerLab will send notice to you at the e‑mail and/or mailing addresses associated with your account. Your notice to AnswerLab must (a) provide your name, mailing address, and email address; (b) describe the dispute; and (c) state the relief you are requesting. If we are unable to reach an agreement to resolve the dispute within 60 days after the notice is received, you or we may commence arbitration.
4.3 Arbitration procedures. The arbitration will be governed by the Consumer Arbitration Rules (“JAMS Rules”) of JAMS (“JAMS”), as modified by these Terms, and will be administered by JAMS. The JAMS Rules are available online at www.jamsadr.com. If JAMS is unavailable, the parties shall agree to another arbitration provider. Unless you and we agree otherwise or unless prohibited by applicable law, any arbitration hearings will take place in San Francisco County, California. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of this arbitration provision or the arbitrability of disputes are for the court to decide. The arbitrator may consider but is not bound by rulings in other arbitrations between AnswerLab and AnswerLab users. The arbitrator can award the same individualized damages and relief that a court can award. Judgment on the award may be entered by any court having jurisdiction.
4.4 Costs of arbitration. The JAMS’s fee schedule is subject to change and may be found online at www.jamsadr.com. If required by applicable law, AnswerLab will pay all JAMS filing, administrative, and arbitrator fees for any arbitration that AnswerLab commences. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all JAMS fees shall be governed by the JAMS Rules. In such cases, the arbitrator may direct you to reimburse AnswerLab for amounts that AnswerLab paid on your behalf.
4.5 No class action. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ANSWERLAB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
4.6 Future changes to arbitration provision. If AnswerLab makes any changes to the Dispute Resolution and Arbitration section of these Terms (other than a change to the address at which AnswerLab will receive notices of dispute or rejections of future changes to the Dispute Resolution and Arbitration section), you may reject any such change by sending us written notice within 30 days of the change to us to AnswerLab, LLC, 575 Market Street, Suite 2600, San Francisco, CA 94105 (Attn: Legal Department) in which case your account with AnswerLab will immediately be terminated, you should cease all access to and use of the Site, and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
5. Policy, Notices and Procedures Regarding Claims of Copyright Infringement.
AnswerLab respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 6. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:
By Mail:
AnswerLab, LLC
Legal Department
By Mail:
AnswerLab, LLC
Legal Department
700 Larkspur Landing Cir Ste. 199
Larkspur, CA 94939
By E-mail: Legal@AnswerLab.com
NOTE: The preceding information in this Section 5 is provided exclusively for notifying AnswerLab that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
NOTE: The preceding information in this Section 5 is provided exclusively for notifying AnswerLab that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
6. Indemnification
You hereby agree to indemnify and hold harmless AnswerLab and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach, or alleged breach, of any of the Terms of Use by you.
7. Limitation of Liability
7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANSWERLAB, ITS LICENSORS OR THE INDEMNIFIED PARTIES BE LIABLE OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT. Subject to the below provision, in no event shall AnswerLab’s total liability to you for all damages exceed $500.00.
7.2 NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT ANSWERLAB’S LIABILITY (1) FOR PERSONAL INJURY OR DEATH (a) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT or (b) CAUSED BY OUR OWN NEGLIGENCE, INTENTIONAL ACTS OR UNLAWFUL MISCONDUCT; OR (2) FOR ANY DAMAGES CAUSED BY OUR FAILURE TO ADHERE TO COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION.
7.2 NOTWITHSTANDING THE ABOVE, NOTHING IN THIS PROVISION SHALL BE UNDERSTOOD TO LIMIT ANSWERLAB’S LIABILITY (1) FOR PERSONAL INJURY OR DEATH (a) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT or (b) CAUSED BY OUR OWN NEGLIGENCE, INTENTIONAL ACTS OR UNLAWFUL MISCONDUCT; OR (2) FOR ANY DAMAGES CAUSED BY OUR FAILURE TO ADHERE TO COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION.
8. Modifications to the Site.
For the avoidance of doubt, AnswerLab may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.
9. Governing Law and Jurisdiction.
These Terms, and any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or your use of the Site ir the Services shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The courts in some states and countries may not apply California law to some types of disputes. If you reside in one of those states or countries, then where California law is excluded from applying, your state’s or country's laws will apply. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN OR FOR SAN FRANCISCO COUNTY, CALIFORNIA FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES, UNLESS SUCH CLAIM OR DISPUTE IS REQUIRED TO BE ARBITRATED AS SET FORTH IN AN ABOVE SECTION.
10. General Provisions.
If any provision of the Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of the Terms of Use shall remain in full force and effect. Section headings are provided for convenience only, and shall not be read or interpreted to restrict any provision contained in the Terms. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. AnswerLab may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of AnswerLab to insist upon or enforce strict performance by you of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If AnswerLab brings any suit against you to enforce the Terms of Use or otherwise in connection with your use of and/or entry onto the Site, you agree that if AnswerLab prevails in such suit AnswerLab shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees.