The Agreement constitutes the entire agreement between you and QuestionMoms and governs your use of the QuestionMoms Service, superseding any prior agreements, communications and proposals between you and QuestionMoms in their entirety. Notwithstanding the foregoing, QuestionMoms reserves the right to modify this Agreement at any time, and without prior notice, by posting any such amended terms on its website. Your continued use of the QuestionMoms website and participation in the QuestionMoms Program indicates your acceptance of the amended Agreement, and you are responsible for reviewing such amended terms and conditions from time to time.
Description of Service
QuestionMoms provides free memberships to users to allow them to complete Questionnaires provided by certain third-party clients (collectively, the "Third-Parties" or each a "Third-Party") in return for compensation provided through QuestionMoms, and at times, it provides incentives to QuestionMoms members for referring other people to QuestionMoms (together, the "QuestionMoms Program"). Offers from the Third-Parties are listed and accessed on the QuestionMoms website.
Minors under the age of 16, or minors between the ages of 16 to 18 years old that do not have their parents consent to participate in the QuestionMoms Program, and users that have been suspended, removed or otherwise terminated, for any reason, by QuestionMoms from the QuestionMoms Program, are prohibited from using the QuestionMoms website and the QuestionMoms Program. Users may not have more than one account. Additionally, users are prohibited from selling, trading, or otherwise transferring their QuestionMoms account to another party. If under the terms of this Agreement you are not eligible to participate in the QuestionMoms Program, you may not use, subscribe to or access the QuestionMoms website or the QuestionMoms Program.
Use of the QuestionMoms Program
Your use of the QuestionMoms Program is governed by this Agreement. Upon signing up to become a Member, QuestionMoms will provide you with a password and account number. You are responsible for maintaining the confidentiality of your password and account, and you are responsible for all activities that occur under your password or account, with or without your knowledge. If you knowingly provide your password or account information to another person, your account may be terminated. You may not use another Member’s account at any time. QuestionMoms will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by QuestionMoms or another party due to someone else using your account or password. QuestionMoms will not be liable for any loss or damage arising from your failure to comply with this section.
Third-Parties consist of Clients who create and submit Questionnaires for responses. QuestionMoms is not responsible for any content provided by the Third-Parties, and your participation in their Questionnaires is governed by their separate Terms of Service and Privacy Policies.
In consideration of your membership and access to the QuestionMoms Program, you agree:
- To provide true, accurate, current and complete information about yourself and others to QuestionMoms and to the Third-Parties;
- You are 16 years of age or older (You must be at least 16 years of age to be a Member), and if you are under 18 years of age you have obtained your parents consent for you to participate in the QuestionMoms program;
- To comply with all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct, and not to use QuestionMoms or the QuestionMoms Program to participate in any fraudulent, illegal, or patently unethical activities;
- Not to participate in any illegal activities with the intention of advertising or mentioning QuestionMoms or that relate to the QuestionMoms Program in any way, including but not limited to, "spamming" your QuestionMoms URL via email, on message boards, social networking sites, or anywhere else QuestionMoms’s anti-spam policy is incorporated herein by this reference and is made a part of this Agreement);
- To have only one QuestionMoms membership and account and not to attempt to open multiple accounts or memberships, as QuestionMoms only allows one account per person;
- Not to refer oneself to QuestionMoms or to attempt to do so;
- Not to post content or to initiate communications on the QuestionMoms website, which are unlawful, defamatory, abusive, obscene, indecent, discriminatory, or otherwise objectionable?
- Not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from QuestionMoms’s website or the QuestionMoms Program without QuestionMoms’s prior written approval;
- Not to upload, post, email, transmit or otherwise make available 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 or telecommunications equipment;
- Not to abuse, stalk, threaten or harass anyone or otherwise violate the legal rights (such as the rights of privacy and publicity) of others in your use of the QuestionMoms Program and the QuestionMoms website; and
- Not to interfere with or disrupt the QuestionMoms Program or servers or networks connected to the QuestionMoms Program, or disobey any requirements, procedures, policies or regulations of networks connected to the QuestionMoms Program.
IF ANY MEMBER IS FOUND, IN THE SOLE DISCRETION OF QUESTIONMOMS, TO BE IN VIOLATION OF THE ABOVE REQUIREMENTS, HIS OR HER ACCOUNT WILL BE TERMINATED AND HE OR SHE WILL BE REMOVED FROM THE QUESTIONMOMS PROGRAM. SUCH MEMBER SHALL ALSO FOREGO ANY CLAIM TO COMPENSATION THAT WOULD HAVE OTHERWISE BEEN PAID PURSUANT TO THE QUESTIONMOMS PROGRAM.
Member payments will generally be processed monthly within 20 days of the end of the month, assuming they have met the minimum payout (currently $25.00 U.S. Dollars). QuestionMoms makes no guarantees regarding the timeliness of payments in the event of interferences which affect QuestionMoms's ability to process payments. These interferences include but are not limited to, late payments by the Third-Parties and technical difficulties. QuestionMoms reserves the right to inspect each Member's account activity before payment, to verify the integrity of each Member's activities. Any member found to be cheating, attempting to cheat, or providing false information to QuestionMoms or the Third-Parties shall not be paid and their membership in the QuestionMoms Program shall be terminated. Additionally, Member understands that Member payments come from revenue generated by the Third-Parties. Therefore, Member acknowledges and agrees that if, for any reason, an advertiser does not pay QuestionMoms; QuestionMoms reserves the right to withhold the Members share of said revenue.
Communication from QuestionMoms
Limitation of Liability
You expressly understand and agree that QuestionMoms shall not be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if QuestionMoms has been advised of the possibility of such damages) arising out of or in any way connected with your use of or performance of QuestionMoms Program and/or the QuestionMoms website, whether based on contract, tort, negligence or strict liability. If you are dissatisfied with any portion of the QuestionMoms Program and/or the QuestionMoms website, your sole and exclusive remedy is to discontinue using the QuestionMoms Program. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If the laws of one of those jurisdictions applies, and QuestionMoms is found responsible for any damages to you, you expressly acknowledge that QuestionMoms’s total cumulative damages to you (whether at law or in equity) shall not exceed $100 in United States’ currency. The provisions of this section survive the termination or expiration of this Agreement.
QuestionMoms does not have any commitment toward any Members, past or present. QuestionMoms may at anytime, for any reason, with or without notice, discontinue the QuestionMoms Program for one or all of its Members. After said discontinuation, QuestionMoms remains without commitment to any Members, past or present, of the QuestionMoms Program.
You agree that QuestionMoms may, with or without cause, immediately terminate your membership, account and access to the QuestionMoms Program without prior notice. Without limiting the foregoing, the following will lead to a termination by QuestionMoms of your use of the QuestionMoms Program: (a) a breach or violation of this Agreement or other agreements or guidelines referred to herein, (b) a request for termination by law enforcement or other government agencies, (c) a request by you (a Member may request termination of his or her account by logging in to the QuestionMoms website, clicking on the "My Account" icon, then entering his or her password in the "Delete Your Account" section), (d) unexpected technical issues or problems, and (e) an inactive account (an inactive account is an account that is not accessed in the last 90 days). Termination of your QuestionMoms account includes removal of access to all Third-Party offers within the QuestionMoms Program and may also bar you from further use of the QuestionMoms Program. Furthermore, you agree that all terminations shall be made in QuestionMoms’s sole discretion and that QuestionMoms shall not be liable to you nor to any third-party for any termination of your membership, your account or access to the QuestionMoms website.
By accepting the terms of this Agreement, you agree to indemnify, defend and otherwise hold harmless QuestionMoms, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential, punitive or exemplary damages resulting from: (i) your membership and/or participation in the QuestionMoms Program; (ii) your use of the QuestionMoms website and name; (iii) your violation of this Agreement; (iv) your violation of the rights of another; and (v) any other matter relating to QuestionMoms or the QuestionMoms Program. Any communications and/or transactions which arise between a Member and the Third-Parties, between Members, or between any Member and other users of the QuestionMoms website are the sole responsibility of the parties to those communications and/or transactions, and QuestionMoms shall not be considered a party to any such communications and/or transactions.
Monitoring and Enforcement
While QuestionMoms has the right to monitor activity and content associated with the QuestionMoms Program and website, QuestionMoms is not obligated to do so. Since QuestionMoms does not, and may not have the ability to, control or actively monitor content posted by Members or users on the QuestionMoms website, QuestionMoms does not guarantee content accuracy, integrity or quality. Because community standards vary and individuals may sometimes choose not to comply with QuestionMoms’s policies and practices, in the process of using the QuestionMoms website, you may be exposed to content that you find offensive or objectionable. You can contact QuestionMoms regarding the content that you find objectionable. QuestionMoms may investigate complaints and violations of QuestionMoms’s policies that come to QuestionMoms’s attention and may take action that QuestionMoms believes is appropriate, including but not limited to, issuing warnings, removing the content or terminating accounts and/or memberships. However, because situations and interpretations vary, QuestionMoms also reserves the right not to take any action. As a user of the QuestionMoms Program, you acknowledge and agree that under no circumstances will QuestionMoms be liable in any way for any content, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the QuestionMoms website.
The Agreement between you and QuestionMoms will be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict of laws principles, and you hereby consent to the exclusive jurisdiction and venue of the courts in Clackamas County, Oregon, U.S.A., in all disputes arising out of or relating to QuestionMoms and the use of the QuestionMoms Program.
Software and Trademarks
The QuestionMoms logo and names are QuestionMoms’s intellectual property. You agree not to display or use the logo or names, or the name of "QuestionMoms.com" except as allowed pursuant to the Promotion Center. Further, all content that is made available to view in connection with the QuestionMoms Program excluding content that may be made available by end-users through a linked site, is owned by and is the copyrighted work of QuestionMoms and is protected by copyright laws and international treaty provisions.
Disclaimer of Warranties
You understand and agree that the QuestionMoms Program is provided on an "as is" and "as available" basis, and that QuestionMoms does not assume any responsibility for prompt or proper delivery or retention of any user information or communications between users. QuestionMoms assumes no responsibility for the accuracy or existence of any communications between users. QuestionMoms expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
QuestionMoms makes no warranty that: (i) the QuestionMoms Program will meet your requirements, (ii) the QuestionMoms Program will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from use of the QuestionMoms Program will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the QuestionMoms Program will meet your expectations, and (v) any errors in QuestionMoms software will be corrected.
Any material downloaded or otherwise obtained through the use of the QuestionMoms Program is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from QuestionMoms or through or from the QuestionMoms Program shall create any warranty not expressly stated in this Agreement.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
The section titles of this Agreement are displayed for convenience only and have no legal effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and QuestionMoms as a result of this Agreement or use of the QuestionMoms Program. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of the QuestionMoms Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
To report instances of abuse, please use our provided abuse form.