Effective Date: August 5, 2021
Inquire Network, Inc. ("Inquire Network", "us", "our", or "we") has created these Terms of Service ("Terms") to govern the use of our websites, including GiftCardQuiz.com,. and related mobile websites and mobile applications (collectively, the "Site") and the services or incentives accessible, offered or provided by us or our marketing partners through or in connection with the Site that link to these Terms (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES BECAUSE THEY ARE A LEGALLY BINDING DOCUMENT AND AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
Please also read our full Terms of Service for details and defined terms.
You Accept These Terms.
Each time you access and/or use the Services, you agree to be bound by these Terms and any additional terms that will apply to you, prospectively. More info
Binding Arbitration of All Disputes; No Class Relief.
Any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief. More Info
Privacy.
Please see how we collect, use, and share your information as outlined in our Privacy Policy. More info
Disclaimer of Warranties.
We disclaim warranties and provide the Services "As Is." More info.
Limitation of Liability.
Our liability is limited. More info
Contact.
Questions about our Terms may be sent to our customer service team online by going to https://www.GiftCardQuiz.com/contactus.asp or by writing to us at GiftCardQuiz.com, PO Box 4668 #23563, New York, NY 10163-4668, or as otherwise set forth in the Terms
Effective Date: August 5, 2021
To qualify for the , earn 100 points by completing each of the following requirements: . Note that many offers require a trial subscription or purchase of some kind. For a representative list of offers and their terms, including cancelation policies, click here. You must complete the program requirements within 60 days of registering. Limit one reward per household. Void where prohibited.
The merchants represented are not sponsors of the rewards or otherwise affiliated with GiftCardQuiz.com. The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company's website for additional terms and conditions. This Rewards program is created by GiftCardQuiz.com, an independent rewards site. GiftCardQuiz.com is fully responsible for the gift fulfillment.
Inquire Network reserves the right to make changes to the rules regarding how future rewards may be earned by posting updated Program Requirements on the Site. This includes, but is not limited to, the number or type of offers that must be completed, the approval and verification requirements, and the number of household referrals that are required. Additionally, Inquire Network may add or remove any reward offer at any time. If Inquire Network replaces a reward, the new reward may not be of equal value.
Binding Terms.
Each time that you access our Services you signify that you have read, understand, and agree to be bound by these Terms and our Privacy Policy incorporated herein by reference. If you do not agree to any of the terms of the Privacy Policy or these Terms, you must discontinue using the Services and terminate your access to the Services. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into and to abide by these Terms.
Valuable Service.
You acknowledge that GiftCardQuiz.com provides a valuable service by making available incentivized offers which can be completed as part of a reward program. You represent that you are accessing the GiftCardQuiz.com website solely for the purpose of completing the reward program to earn a reward.
Updates to Terms.
Inquire Network reserves the right to update or otherwise change these Terms at any time by posting the most current version of the Terms on our Services with a new Effective Date shown. All changes are effective from the Effective Date. Your continued use of the Services after the new Effective Date signifies your agreement to any such changes.
Electronic Communications.
By accessing or using the Services, you consent to having these Terms provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
Non-electronic Copy.
You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of these Terms, please contact our customer service team online by going to https://www.GiftCardQuiz.com/contactus.asp
or send a letter and self-addressed stamped envelope to: GiftCardQuiz.com, PO Box 4668 #23563, New York, NY 10163-4668.
Contacting You.
When you provide us with contact information in connection with a particular activity or product or otherwise when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us.
Consequences of Breach
If we determine that you have breached these Terms of Service, your right to use the Site will be terminated and we will disqualify your account from earning rewards. In addition, you are prohibited from signing up on any other Inquire Network websites if we disqualify your account on this Site.
If your account is disqualified, we will not reimburse any expenses you incurred when using this Site. If you believe your account was disqualified in error, Contact us using the Contact link at the bottom of this page.
Services
Inquire Network presents GiftCardQuiz.com which provides Services to enable its users ("Users") access to offers on its Site and other third party sites where Users can earn money and incentive rewards. The Site is also an affiliate for some of the services reviewed or mentioned, and therefore Inquire Network may receive compensation for referring Users to these sites.
Creation of an Account
In order to use certain features of the Services you must create an account (an "Account") and provide certain information about yourself, including completing a profile which may determine your eligibility for earning participating in certain offers and surveys that pay incentives. All information you provide is voluntary but the more you answer the more likely you might be to qualify for various surveys and offers.
Participating in our Incentive Programs.
Users of our Services may earn incentives for participating in surveys and other offers. In addition to the terms stated in the relevant sections of the Site with respect to how those incentives may be earned or redeemed, Inquire Network reserves the right to validate users' identity prior to paying out incentives. If Inquire Network is unable to, in its sole discretion, confirm the identity of a User who is requesting a payment, that balance may be forfeited. Please refer to the applicable offer for a description of how you can earn money for responding to surveys or participating in other offers. Any terms and conditions of any offer disclosed to you are deemed part of these Terms.
Participating in Third Party Incentive Programs
Users of our Services may be eligible to earn incentives for participating in surveys presented directly by third parties and/or accepting other third party offers. In addition to the terms of the offers presented by third parties those third parties may reserve the right to validate users' eligibility prior to paying incentives. Any terms of those offers are presented by the third parties and Users are responsible for reviewing those terms and for the relevant privacy policies and terms of use applicable if information is provided on a third-party site.
Incentives Pending
Offers presented by third parties may require confirmation by the applicable third parties. Once eligibility is confirmed, that will be shown on the Redeem Reward/Gift Card Status page. However, keep in mind that any such completion status is also subject to revocation by the third party provider should it determine, in its sole discretion, that the offer was not properly completed, inaccurate information was submitted, or any other reason based on it's terms.
Accurate Information.
For purposes of identification and payment, you agree to provide Inquire Network with accurate, complete, and updated information and Inquire Network is not liable for any payment if the information provided is not up to date and accurate.
Free or Introductory Promotional Offer.
If you enrolled for any special introductory or free offers from third parties you are subject to the terms of the offer you accepted so review those offers carefully. Inquire Network is not responsible for any third party offers accessible on the Site.
Advertisers
Any participation in any surveys, offers or promotions of any advertisers or third parties accessible on the Site or through our Services, which may include payment and/or delivery of incentives or related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser/third party. Moreover, you herein agree that Inquire Network, Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers or third parties on our Site.
Personal Use.
The content (which includes but is not limited to text, tests, photographs, video, graphics, music, images, animations, audio, software, plug-ins, and applets incorporated into the software, data, sounds, messages, comments) on the Services ("Content") are intended for your personal, noncommercial use, and not for resale to any third party, in accordance with these Terms.
Modification to Services.
Inquire Network reserves the right to (i) perform maintenance to the Site for any reason and at any time and (ii) modify, update, or discontinue, temporarily or permanently, the Site (or any part thereof) at any time, with or without notice, in Inquire Network's sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Inquire Network in providing its Content or Services is to stop using our Services.
Support Services.
Inquire Network may, in its sole discretion, provide you with support services related to the Site or any portion thereof ("Support Services"). However, Inquire Network is not required to provide Support Services to you. No failure to provide, or to continue to provide, Support Services will be a default by Inquire Network under these Terms.
Data Collection Policy.
All data generated by or collected from us or our users while visiting our Services is our property. No party unaffiliated with us may collect or use, or direct, authorize or assist other persons or entities to collect or use, any data from a user, or a computer or device operated by a user, while accessing our Services without our prior express written permission. For example, no data may be collected, used or transferred for purposes of retargeting, behavioral remarketing, or targeting any advertisements, segment categorization or any form of syndication which is related to our Services, the Content, or our users without our prior express written permission of in each instance. The data covered by this policy includes, but is not limited to, data collected via any advertising unit, widget, pixel tag, cookie, script or other data collection process.
Registration.
We reserve the right to deny the ability to register on the Site to anyone, for any reason.
Household Restrictions.
Only one account is permitted on the Site per household. Each household is limited to one email address. There is a limit of one Reward per household that can be earned on all websites owned by Inquire Network. In each six-month period, across all websites owned by Inquire Network, each household may earn either: A) multiple Rewards which have a total value of $1,000 or less; or B) one Reward valued at more than $1,000.
Any accounts which have the same address, IP address or credit card account number, will be deemed to be of the same household. Accounts in violation of the one household rule will be disqualified or terminated.
Security of Username and Password.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use or theft of your account or any other breach of security (and to provide properly documented evidence as reasonably requested by us). We 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. However, you will be liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Objectionable Content.
If you encounter something you find objectionable and in violation of these Terms, you can report it to https://www.GiftCardQuiz.com/contactus.asp
Contributions to Inquire Network
If you submit ideas, documents, suggestions, proposals or feedback to Inquire Network via any method of communication ("Feedback") you acknowledge and agree that your Feedback does not contain any type of confidential or proprietary information; Inquire Network shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Feedback; Inquire Network shall be entitled to make use of and/or disclose any such Feedback in any such manner as it may see fit; your Feedback shall automatically become the sole property of Inquire Network; and Inquire Network is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
Publicity
Except where prohibited by law, by registering on the Site, you give Inquire Network permission to use your name and location in its promotional materials, including referencing any Rewards you have earned on the Site, without any further approval, payment or consideration.
User Requirements.
You agree that you may not access or use the Services in order to:
• attempt to get a password, other account information, or other private information from a member or any other user of the Services;
• improperly use support or complaint buttons or make false reports to Inquire Network administrators;
• sell, buy, license or transfer access to your account;
• copy, display, distribute, alter or modify the Services;
• use any automated software or devices, such as spiders, robots or data mining techniques such as scraping, spidering, crawling or any other techniques to download, store, distribute or otherwise reproduce Inquire Network Content or to manipulate the Services;
• use or copy, Inquire Network Content including any data you view on and/or obtain from the Services to provide any product or service that is competitive to Inquire Network, or its clients, as determined in Inquire Network' sole discretion;
• interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment;
• use the Services in any manner that could damage, disable, overburden, or impair any Inquire Network server, or networks connected to any Inquire Network server, or interfere with any other party's use and enjoyment of any Services;
• gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Inquire Network server or to any of the Services, through hacking, cracking, and distribution of counterfeit software, password mining or any other means;
• reverse engineer, decompile or disassemble any software accessed through the Services, including any proprietary communications protocol used by Inquire Network;
• use, upload, transmit, distribute or otherwise make available any material or information, which contain any materials that could infringe any copyright, trademark, patent, trade secret, publicity or privacy right or any other proprietary right or disclose any trade secret of or violate any confidential obligation of any person or entity;
• upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of any Services or any user's computer;
• exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage;
• use any Services for any unlawful purpose or any illegal activity, or post or submit any content whatsoever that is false, defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined in Inquire Network' sole discretion;
Time period.
Once an account is created on the Site, you have 60 days from the time of registration to complete the Program Requirements.
Accurate and Valid Account Information.
You must provide accurate and valid information at the time of registration. If we determine that the information you entered was not complete, current, valid and truthful, you will be disqualified from earning a Reward. Likewise, you must submit valid and truthful information when completing offers as a part of the Program Requirements.
No impersonation.
You are prohibited from entering another person's information on our Site. Likewise, when submitting information to offers available on the Site, you are not permitted to sign up for offers on behalf of someone else. It is prohibited to complete offers in another person's account.
Offer Limits.
You will get credit for completing an offer only one time every six months across all Inquire Network websites, even if that offer appears on multiple offer wall pages (eg. Silver, Gold and Platinum).
No Bots.
It is prohibited to use Bots to complete any of the Program Requirements.
No Public Posting of Advertiser Cancellation Information.
Many of the Reward Offers involve a trial subscription. As long as you genuinely give the offer a try and follow all the explicit rules indicated to complete the offer, it is fine to cancel the service in line with the terms of such offer. However, you are prohibited from posting advertiser cancelation information on public forums in connection with registering on Inquire Network websites to earn Rewards.
Link Tracking.
To be credited for completing offers, you must click through to the offers from the links on the Site. Please note that the tracking technology may make use of Cookies. If your web browser is set to block cookies and/or pop-ups, it is possible you may not be properly credited for completing offers. Inquire Network will not be responsible for any tracking problems/malfunctions.
Credit for Completing Offers.
Inquire Network cannot guarantee that you will be credited for completing offers. Tracking systems are in place which should credit your account when you follow the instructions on an offer and wait any required waiting period specified by the advertiser. Advertisers often "batch" completions, therefore offers are often not marked as complete immediately. If it has been at least 30 days since you completed an offer and it is not showing as Completed on your status page, contact us using the Contact link at the bottom of this page.
Completing more Offers.
At any time within the 60 days from registering, you may log in to your account on the Site and click the "Redeem Reward" link at the bottom of the page to see your progress toward completing the Program Requirements, and to access the various offer pages to complete more offers.
Referral Requirement.
The Summary of Program Requirements at the top of these Terms (which also appears on each page of the Site) may state that in order to qualify for your Reward, you must refer one or more unique households who also complete the program requirements.
How to Invite Friends. In order to be credited for referrals, you must use the unique referral link found in your account. To access this link, log in to your account and click the "Redeem Reward" link in the footer area. From this page, you will see a link to invite friends. The invite friends page includes your unique referral link, which you can copy and paste in emails/messages you send to friends. Please note that it is your responsibility to copy and paste this link properly. If the URL is not copied properly and some characters are missing, the link may not work correctly and you might not be credited for your referrals.
Invitation Responsibility.
Inquire Network is not responsible for inviting your friends and/or sending out invitations.
No benefit to exceeding Program Requirements.
While you are welcome to complete more than the required number of Reward Offers and/or household referrals, you will not be credited anything extra for doing more than is necessary.
Suspicious Activity.
Inquire Network reserves the right to review all referrals for suspicious activity. In the event a referral or account is determined to be fraudulent, we may, in our discretion, disqualify all accounts that are associated with that fraudulent account or referral.
No Organized Referral Systems.
To qualify for the referral requirement, you must refer people you know. It is prohibited to use an organized referral method such as a "conga line" or posting in an online forum to get others to sign up using your referral link. If it is determined that such methods were used, all accounts associated with the offending account will be disqualified.
How to Redeem.
Once you have completed the Program Requirements by reaching the required 100 points, you can initiate the redemption process by clicking the "Redeem Rewards" link at the bottom of any page on the website after logging in, and then clicking the "Begin Redemption Process" button. Our customer service team will review your redemption request and if all is in order, you will be sent a claim form to complete. This form will require that you attest to your having followed the rules of the reward program and entered accurate information. In addition to the claim form, you will also be asked to provide a copy of government-issued ID and proof of your current residence. Once you electronically sign the claim form and return (by e-mail or U.S. Mail) the copies of your ID and proof of residence, our team will verify your documents and program materials. At that point, your Reward will be sent to you.
Substitute Rewards.
Inquire Network reserves the right to substitute a check sent to you instead of a reward. The amount of the check would be in the sole discretion of Inquire Network. By accepting such a check, you agree that you have been made whole and that any obligation to you has been satisfied, and that you relinquish your rights to pursue any claims against the Site, Inquire Network, its parent, successors, assigns, advertisers, employees or affiliates.
Inquire Network reserves the right to substitute a gift card sent to you instead of the reward. The amount of the gift card would be in the sole discretion of Inquire Network. By accepting, you agree that you have been made whole and that any obligation to you has been satisfied, and that you relinquish your rights to pursue any claims against the Site, Inquire Network, its parent, successors, assigns, advertisers, employees or affiliates.
Inquire Network reserves the right to substitute a product of comparable value sent to you instead of the reward. The "comparable value" would be in the sole discretion of Inquire Network. By accepting such a substitute product, you agree that you have been made whole and that any obligation to you has been satisfied, and that you relinquish your rights to pursue any claims against the Site, Inquire Network, its parent, successors, assigns, advertisers, employees or affiliates.
Where Rewards are Sent.
Rewards will be sent to the mailing address or e-mail address indicated in the Claim Form that you sign and return to us as part of the redemption process. We cannot accept P.O. Box addresses. It is your responsibility to ensure you provide us with accurate information.
Forfeited Rewards.
You agree that if we determine that you have violated these Terms and Conditions, that you will return any Reward you have received from us. You acknowledge that Inquire Network reserves the right to take legal action against you if you do not comply.
Damaged Rewards.
Inquire Network is not responsible for damaged or faulty reward items. If there is a problem with a Reward you received from us, please contact the manufacturer, as appropriate.
Timeline.
You must start the redemption process by clicking "Begin Redemption Process", per the "How to Redeem" section above, within 70 days of registering on the Site. Once you begin that process, you must furnish the signed Claim Form, government ID and proof of residence within 30 days. Within 3 business days, we will respond to let you know if your claim is approved. Within 30 days of claim approval, you will be sent your Reward./p>
Merchant Gift Cards.
All gift cards are subject to the terms and conditions of the respective issuers of those gift cards.
Ownership of Content and Marks.
The Services, and all Content published on or accessible through the Services is owned by Inquire Network or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Inquire Network owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Services. All trademarks, logos, service marks, trade names, and trade dress appearing on the Services (“Marks”), are proprietary to Inquire Network or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Services. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing Inquire Network’ or its licensors’ name or Marks without the prior express written consent of Inquire Network. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Site, Services or any of the Marks or Content, in whole or in part, without the prior written consent or Inquire Network. Inquire Network grants you a limited, revocable, non-sublicenseable license to access (but not through scraping, spidering, crawling or other technology or software used to access data), and display the Content (excluding any software code) solely for your use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. Inquire Network and its licensors reserve all rights not expressly granted in and to its respective Marks and Content.
No Other License Granted.
Except for allowing you to use the Services for your use as set forth herein, when you use the Services, you are not receiving a license or any other rights from Inquire Network, including intellectual property or other proprietary rights of Inquire Network. You understand that you have no rights to the Content or Services or any other Inquire Network property except as indicated.
Age Requirements.
You must be at least 18 years old or the age of majority in your state or country of residence, whichever is older, to use the Services.
No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in these Terms, there are no third party beneficiaries to these Terms.
Termination.
Without limiting any other remedies available, we may at any time, with or without notice to you, and in our sole discretion, refuse to provide, limit, suspend, or terminate your use of the Site and take any technical and legal steps to keep you from using our Site. These Terms will remain in effect after any such action has been taken. You agree that Inquire Network will not be liable to you or any third-party for any limitation, suspension, or termination of your access to the Site.
International Users.
The Services can be accessed from locations around the world. Inquire Network makes no representations that the Services, the Content or Services, is appropriate for use at other locations outside the United States. Access to the Services from locations where the Services or any of its Content is illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local and international laws.
U.S. Export Controls.
Software assessible from the Services (“Software”) is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Communications from Inquire Network.
You may receive online communications from our marketing partners or from us. To unsubscribe from any promotional email, click on the “Unsubscribe” link at the bottom of the email. You may also indicate your privacy preferences by contacting our customer service team online by going to https://www.GiftCardQuiz.com/contactus.asp or writing us as set forth in Section 13 below. To see how we use your personal information, go to our Privacy Policy at https://www.GiftCardQuiz.com/privacy-policy.asp.
Links and Other Third Party Activities.
You may be able to access other websites or resources through links accessible through our Services. Because Inquire Network has no control over such websites you acknowledge and agree Inquire Network is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such websites or resources, nor does Inquire Network endorse any such websites or the products or services assessible on such websites. You further acknowledge and agree that Inquire Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resource.
The Services may include or give you access to third-party materials, services, or products or content (collectively, “Third Party Materials”) provided by Inquire Network' licensors, vendors, merchants, or marketing partners (“Third Parties”) which may be governed by additional terms and conditions. In some instances, these Third Parties may require you to agree to additional terms and conditions that are not set forth in these Terms prior to accessing or using such Third Party Materials on or through the Services. Inquire Network does not recommend or endorse the products, services or any other information of Third Parties on the Services. If you have a dispute with one or more Third Parties, you release Inquire Network and the Released Parties (as defined below) from claims, demands, liabilities, costs or expenses and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
RELIANCE ON ANY INFORMATION ON THE SERVICES IS AT YOUR OWN RISK. UNLESS PROHIBITED BY APPLICABLE LAW, THE RELEASED PARTIES (DEFINED BELOW) ARE NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, DRUG AND DEVICE APPLICATION OR OTHER INFORMATION, SERVICES, OR PRODUCTS THAT YOU OBTAIN ON OR THROUGH THE SERVICES.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING OR ACCESSING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY MATERIALS INFORMATION, PRODUCTS OR CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SERVICES), ARE PROVIDED ON AN “AS IS”, “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT INQUIRE NETWORK MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT INQUIRE NETWORK DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE PRODUCTS OR SERVICES OR CONTENT ACCESSIBLE OR CONTAINED IN THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, INQUIRE NETWORK DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE PRODUCTS AND SERVICES AND ALL INFORMATION, AND OTHER CONTENT (INCLUDING THIRD PARTY MATERIALS, INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES.
Liability Limitation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INQUIRE NETWORK, OR ITS PARENT COMPANY AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USERS, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SERVICES, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. INQUIRE NETWORK’ MARKETING PARTNERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN INQUIRE NETWORK’ AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED WHAT IT PAID YOU FOR THE LAST 30 DAY PERIOD PRIOR TO YOUR CLAIM.
SPECIAL STATE DISCLOSURES
NEW JERSEY RESIDENTS: The following are modifications to the provisions in Section 10 Legal Notices and apply only to consumers who are residents of New Jersey. Except as modified below, the provisions in Section 10 above remain unchanged and applicable to N.J. residents:
Inquire Network’ disclaimers or waiver of liability for damages incurred by you for any interruption, malfunction, impossibility of access, or poor conditions of the Services or for any other reason will not apply to damages directly caused by Inquire Network’ gross negligence or willful misconduct. In addition, Inquire Network’ disclaimer of warranty as to the quality, accuracy, completeness or validity of the Services and all Inquire Network’ Content (excluding third party content or information) is not applicable. However, Inquire Network’ does not guarantee that the use of the Services will meet your requirements.
Inquire Network’ limitation of liability does not apply to you for damages arising out personal injury, property damage, negligence or willful misconduct or any other cause of action arising from the acts of Inquire Network but does apply to the acts or omissions of third parties. Inquire Network’ aggregate liability for all claims under any circumstances will not exceed the lesser of $100.00 or your actual, out of pocket costs and damages. For the avoidance of doubt, in no event will Inquire Network be liable for special, incidental, or consequential damages as stated in these Terms.
CALIFORNIA RESIDENTS. "If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the Laws of New York without application of conflict of laws rules, except that the Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute.
In the event a dispute arises between you and Inquire Network, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service team online by going to https://www.GiftCardQuiz.com/contactus.asp or writing us at Inquire Network, Inc. PO Box 4668 #23563, New York, NY 10163-4668. If, however, there is an issue that needs to be resolved, the following provisions of this Section 11 describe how both of us will proceed:
Limitation of Legal Remedies.
If there is a dispute that remains unresolved, INSTEAD OF SUING IN COURT, YOU AND INQUIRE NETWORK EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION PURSUANT TO THE JAMS ARBITRATION RULES AND PROCEDURES, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO INQUIRE NETWORK’ INTELLECTUAL PROPERTY RIGHTS; STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE; INDEMNIFICATION; CONTRIBUTION; INTERPLEADER; OR INJUNCTIVE RELIEF ARISING OUT OF A CLAIM. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory (“Claim(s)”). The arbitrator's decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver.
YOU AND INQUIRE NETWORK EACH VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SERVICES.
Class Action Waiver.
YOU AND INQUIRE NETWORK EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person ("Class Action Waiver").
Arbitration Procedures.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought (a "Notice"). All Notices to Inquire Network must be sent to the following address: Inquire Network, Inc. PO Box 4668 #23563, New York, NY 10163-4668. All notices to you will be sent to the email or street address provided in your account, if available. Upon receipt of such Notice, the receiving party will have a 60 day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or Inquire Network may commence an arbitration proceeding. Unless otherwise agreed to by you and Inquire Network in writing, the arbitration will be governed and conducted by JAMS before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the dispute, except that this section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act (“FAA”). You and Inquire Network agree that this section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of New York and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. For those claims that the arbitrator decides are not frivolous, Inquire Network will: (1) pay all costs of the arbitration; (2) if you prefer, will conduct the arbitration by telephone, and (3) will not seek attorneys’ fees in the event Inquire Network prevails. Each party will pay the fees and costs of its own counsel, experts and witnesses. The JAMS rules are available on its website at www.jamsadr.com. To the extent that this dispute resolution section conflicts with JAMS minimum standards for procedural fairness, the JAMS rules and/or minimum standards for arbitration procedures in that regard shall control. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator’s award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver”.
Exception.
All parties, including related third parties, shall retain the right to seek adjudication in a small claims tribunal for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal, shall be resolved by binding arbitration, with the exception of any Claim or action for indemnification, contribution, interpleader, or injunctive relief arising out of a Claim, which Claims or actions shall not be subject to arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration.
Survival.
This arbitration provision shall survive termination of these Terms.
Severability.
If any provision of this Section 11 is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
These Terms and policies incorporated herein are the entire agreement between you and Inquire Network. They supersede any and all prior or contemporaneous agreements between you and Inquire Network relating to your use of the Services. Inquire Network may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Inquire Network to partially or fully exercise any rights or the waiver of Inquire Network of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Inquire Network or be deemed a waiver by Inquire Network of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Inquire Network under these Terms and any other applicable agreement between you and Inquire Network shall be cumulative, and the exercise of any such right or remedy shall not limit Inquire Network’ right to exercise any other right or remedy.
Please contact us online at https://www.GiftCardQuiz.com/contactus.asp or write to us at: Inquire Network, Inc., PO Box 4668 #23563, New York, NY 10163-4668, if you have any questions about these Terms.
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