Terms of Service
The following are the Terms of Service that govern the running of this site and was last updated on May 17, 2010.
The services offered by Main Answer ("MA" or "MainAnswer.com" or "us" or "we" or "our") include any features, content, services or applications offered, from time to time, by us (collectively, the "Services").
This agreement (the "Terms of Service" or "Agreement") sets forth legally binding terms for your use of the Services. By using the Services, you agree to be bound by these Terms of Service, whether you are a "Member" (which means that you have registered on our Website), a "Visitor" (which means that you are visiting our Website), or an "Expert" (which means that you have signed up as an Expert). The term "User" refers to a Visitor or a Member or an Expert. By browsing or registering with MA, you are agreeing to these Terms of Service, and these Terms of Service along with any other guidelines we may post from time to time, such as our Privacy Policy and Expert Agreement (collectively, the "Guidelines") will govern your use of the Services. If you do not agree to these Terms of Service or any of the Guidelines, you must cease use of the Services.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using this website as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity.
1. Eligibility
2. Password
3. Fees
4. Website Content Control and User Data
5. Your Obligation to Protect User Data
6. Proprietary Rights to Content
7. Content Posted
8. Content/Activity Prohibited
9. User Support
10. Payments
11. Taxes
12. Money-Back Guarantee
13 (a). Copyright Infringement
13 (b). Plagiarism
14. Main Answer Communications
15. Third Party Sites / Third Party Content and Interaction
16. Information Privacy
17. Indemnity
18. Disclaimer of Warranties
19. Limitation of Liability
20. Changes to Main Answer Services
21. Amendments
22. Term and Termination
23. Effects of Terminating
24. Survival
25. Law and Arbitration
26. General
1. Eligibility
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age and older; and (d) your use of the Services does not violate any applicable law or regulation. Your account may be deleted and your Membership may be terminated without warning, if we suspect that you are under 18 years of age.
2. Password
By becoming a Member or Expert you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your password or account or any breach of security and understand that we reserve the right to take legal actions against individuals who misuse accounts on MainAnswer.com.
3. Fees
There are no fees associated with registering on MA. Members will only be required to pay a fee when they want to see the answer to a question they asked. Please see the Member FAQs page for more information. Also see sections 10-13 below for specific terms relating to our paid services and payment terms.
4. Website Content Control and User Data
MA takes no responsibility for any Content located in the answers provided by Experts and has no obligation to monitor such Content. As such, Experts are therefore responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.
By visiting or becoming a Member or Expert of MainAnswer.com, you agree that the Content and information you provide during the registration process (including your email address) and other interactions with the Website may be accessed by its authorized representatives and administrators. We require Members and Experts to respect our privacy settings and our Privacy Policy. Be sure to understand the privacy settings, terms and privacy policies of MA prior to your interactions.
5. Your Obligation to Protect User Data
If any Expert collects or has been provided access to User Data from any Member, that Expert hereby agrees not to use, display or share User Data in a manner inconsistent our Terms of Service and Guidelines, and all applicable laws and regulations. The Expert hereby further agrees that his or her use and disclosure of User Data shall be reasonably protective of each User's rights and in no event shall you observe standards of privacy and confidentiality in connection with the use and disclosure of User Data that are less stringent than the standards set forth in our Privacy Policy. To be safe, each Member or Expert should independently back-up their User Data to the extent permitted herein and applicable laws and regulations. You acknowledge that MA may terminate the account of any Member or Expert in accordance with this Agreement.
6. Proprietary Rights to Content
By displaying or publishing ("posting") any Content on or through the Services, you hereby grant us a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.
Without this license, Main Answer would be unable to provide the Services. The license you grant to MA is non-exclusive (meaning you are free to license your Content to anyone else in addition to MA), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the Content that you post), transferable, and worldwide (because the Internet and the Services are global in reach).
When Members and Experts post any Content on a MainAnswer.com, you provide us, other Members, Experts, or the public in general with permission to view and use your Content in accordance with MA's Privacy Policy. Be sure to understand our Website's privacy settings and policies prior to posting your Content.
Experts represent and warrant that: (i) they own the Content ("answers") posted by them on or through the Services and that they have not copied and pasted said Content from another Website, and (ii) the posting of their Content ("answers") on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party.
The Main Answer Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "Main Answer Content"). We owns and retain all rights in the Main Answer Content and the Services. MA hereby grants Experts a limited, freely revocable, non-sublicensable license to reproduce and display the Main Answer Content (excluding any copyrighted or trade marked items) solely for their personal use in connection with using the Services. As between you and MainAnswer.com, all the intellectual property rights in the Main Answer technology, which does not include your Content, are owned by us or our licensors.
The MA Services contain Content of Members and Experts. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, archive, transmit, distribute, perform, display, create derivative works from, rent or sell any Content appearing on or through the Services without permission of Main Answer.
We always appreciate your feedback or other suggestions you may have about us, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
7. Content Posted
Experts should choose their answers carefully before posting on MA. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MA assumes no responsibility or liability for this material. If you (i.e. Expert) become aware of misuse of the Services, please contact us by using the Customer Customer Service form located in your back office (link will be at the top of your back office).
Without assuming any obligation to do so, we may delete any Content or suspend any Member's account associated with it, that in the sole judgment of Main Answer violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. MA assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, we choose, in our sole discretion, to monitor the Services, MA nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. In the event that we choose to monitor Content posted using our Services and find any breach of the Terms of Service, the offending Member and/or Expert will have his/her account terminated without prior notice and be banned for life. In addition, any monies accumulated by any Expert up to the point of termination shall be forfeited by said Expert in accordance with these Terms of Service and be confiscated by Main Answer.
Members and Experts are solely responsible for the Content that is posted on MA and any material or information that they transmit to other Members and Experts. Main Answer does not endorse and has no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect the opinions or policies of MainAnswer.com. We make no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that Experts transmit to or receive from other Members.
8. Content/Activity Prohibited
The following is a partial list of the kind of Content and activity that is prohibited on MainAnswer.com through the use of the Services. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. We further reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of Main Answer:
- may constitute or contribute to a crime or tort
- is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence
- communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else's rights
- involves sending or otherwise posting unauthorized commercial communication (such as spam)
- advertises or otherwise markets controlled products or other mature content without appropriate age-based restrictions
- solicits login information or accessing an account belonging to someone else
- solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 18
- makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users' Content or information
- interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services
- attempts to impersonate another person or entity, including, but not limited to, a Member or Expert or MA official, to falsely state or otherwise misrepresent your affiliation with a person or entity
- provides false personal information on MainAnswer.com, or creates an account for anyone other than yourself without permission
- involves selling or otherwise transferring your account without our prior permission
- uses the Services to hyperlink to content not permitted on MainAnswer.com
- facilitates or encourages any violation of these Terms of Service.
9. User Support
MainAnswer.com offers 24 hour support via our Contact Support form. Any visitor who wishes to make contact with us should use it. Members and Experts alike are urged to use the Contact Customer Service form that can be accessed at the top of their respective back offices after they log in. All inquiries will be answered in a timely manner in the order that they are received. Kindly allow anywhere between 6 and 24 hours for a reply.
10. Payments
Members are required to pay a deposit (as per Member FAQs) in order to see the answer to their question. If you do not pay, then you will not be able to see your answer. The Payment Method used on MainAnswer.com is PayPal. If you do not have a PayPal account, you can get one free of charge by clicking here. By choosing to view your answer, you authorize Main Answer to charge your credit card or PayPal account the deposit amount required to view your answer. You also authorize us to collect and store it, along with other related transaction information.
You acknowledge and agree that any credit card or PayPal billing and payment information that you provide to MA may be shared by us with third parties, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to MainAnswer.com, and servicing your account.
If your payment fails to go through, you will not be able to see the answer to your question. Ensure that any credit card that is on your PayPal account has not expired and/or ensure that you have a positive PayPal balance that is sufficient enough to cover the deposit charge. We will not be held responsible for your inability to view the answer to your question as a result of a failed deposit transaction. If you have issues with your PayPal account, please contact PayPal directly in this regard. If you have any disputes that are directly related to MainAnswer.com, you hereby agree to submit said disputes in writing to MainAnswer.com using the Contact Customer Service form located in your back office (link will be at the top of your back office) within seven (7) days of such disputes arising, or before the end of the calendar month in which the disputes arose, which ever is sooner. Failure to do so will result in the disputes being waived and any monies paid will be final and not subject to challenge.
11. Taxes
Experts are responsible for paying any governmental taxes imposed on their use of MainAnswer.com, including, but not limited to, sales, use, or value added taxes. If requested, you will promptly furnish to Main Answer the applicable receipts and/or certificates regarding such remittances as soon as reasonably practicable. Note, however, that Main Answer is not obligated to keep track of whether or not Experts pay their taxes. In addition, we are not obligated to collect such taxes and as such each Expert must file their own tax returns.
12. Money-Back Guarantee
In the event that a Member receives an unsatisfactory answer, or after many tries does not get a satisfactory answer from an Expert to his question, that Member can request a refund of the deposit amount that was paid without penalty. Please note, however, that if a trend of refusing to accept answers and constantly requesting a refund is found to be the case with a particular Member, that Member will be refused a refund after the third refund request since Experts have to get paid for the time they spend answering questions. In addition, that Member may have his account terminated on Main Answer as that Member may be viewed as being dishonest and a mischief maker.
13 (a). Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice the Membership privileges of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on MainAnswer.com infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• a description of the copyrighted work that you claim has been infringed
• a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content
• your address, telephone number, and email address
• a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The fastest way to reach our Copyright Agent for notices of claims of copyright infringement is by submitting this Automated DMCA form. If you prefer, you can also send a DMCA notice to our Copyright Agent at the following address: Main Answer, Attention: Copyright Agent, P.O. Box 539, Greater Portmore, St. Catherine, JMACE11, Jamaica.
Main Answer reserves the right to, without notice and as a means of policy, remove infringing Content and terminating repeat infringers that complies with the DMCA. In addition, we will promptly (and in any event in no later than 24 hours) address any copyright owner's written notice (including any notices forwarded to you by MA) that specified Content posted on our website infringes that third-party's rights (including copyrights), provided that the notice substantially complies with the requirements in the DMCA. MA may remove any allegedly infringing Content without any liability to you or to the Expert that posted such Content. In all such matters, we strongly recommend that you consult your attorney to confirm your obligations under the DMCA and other applicable laws.
Please note that Main Answer will not be held liable for any infringement of Copyright on the part of any Expert. We are only facilitators of a question and answer service, linking Members (i.e. those individuals who have questions that need to be answered) and Experts (i.e. those individuals who provide answers to questions asked by Members). Therefore, the obligation rests upon the Experts to ensure that they do not post copyrighted material when answering questions.
13 (b). Plagiarism
Plagiarism, according to Wikipedia, is the "use or close imitation of the language and thoughts of another author and the representation of them as one's own original work." Simply put, it is the act of passing off someone else's work as your own. We take the matter of plagiarism seriously, which in effect is a form of copyright infringement. Any Expert who has been accused and found guilty of plagiarism on more than two (2) occasions will have his account terminated and all monies earned up to the time of termination will be deemed forfeited by the Expert as a result. In other words, the offending Expert will not receive any of the money that he earned up to the time of his termination. Termination is final as per the decision of Main Answer administrative staff and cannot be contested.
If you see an instance of plagiarism, you can do one of two things:
(1) If the alleged plagiarism falls under copyright infringement, please use the Automated DMCA form to report the infringement, or
(2) Use the Contact Support form to file a complaint. In your complaint, state the name of the offending Expert as well as the location (URL) of the plagiarised content along with the location (URL) of the original content.
14. Main Answer Communications
It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to Members and Experts via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Main Answer in its sole discretion. By providing Main Answer with your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or Main Answer offers. If you do not want to receive certain email messages, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from MA. We reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
15. Third Party Sites / Third Party Content and Interaction
You hereby agree to comply with the restrictions and license that are applicable to each item of Content you post. The inclusion of any such Content on MainAnswer.com does not imply our affiliation or endorsement of such Content. Because MA does not control such Content, you agree that we are not responsible for any such Content, including without limitation, any advertising and information about third-party products or services, or the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of any such Content. Your interactions with other Members and Experts and third parties on Main Answer are solely between you and the Member or Expert or third party as applicable. Like with any web-based interaction, we suggest that you use caution and good judgment. You agree that Main Answer is not responsible for any loss or damage incurred as the result of any such dealings If there is a dispute between you and any third party (especially Experts), Main Answer is under no obligation to become involved except (i) in the case where a refund is requested by a Member or (ii) in the case of copyrighted or plagiarised materal being posted and disciplinary action needs to be taken against the offending Expert. You release Main Answer, its officers, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Members and Experts and third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.
Additionally, Main Answer, Experts, or third parties may provide hyperlinks on MainAnswer.com, or any other form of link or redirection of your connection to other sites ("Third Party Sites"). Links to these Third Party Sites are provided solely for your convenience and in no way does the inclusion of any link on MainAnswer.com or any Website imply our affiliation or endorsement of the linked site, their business practices (including their privacy policies) or any information therein. Main Answer expressly disclaims responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by or through MainAnswer.com. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK.
16. Information Privacy
We care about the privacy of our Members and Experts. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which Main Answer and its service providers maintain facilities. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, Main Answer reserves the right to transfer information outside of your country. By using the Services, you consent to any such transfer of information outside of your country.
17. Indemnity
You agree to indemnify, defend, and hold harmless Main Answer, its subsidiaries, and affiliates, and their respective officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to
• any Content you submit, post, transmit, or make available through MainAnswer.com
• your use or misuse of the Services
• your connection to the Services
• your breach or alleged breach of this Agreement, or
• your violation of any rights (including intellectual property rights) of a third party.
Main Answer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Main Answer. Main Answer will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. Disclaimer of Warranties
YOUR USE OF MAINANSWER.COM, AND ALL SERVICES AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. MAINANSWER.COM, AND ALL SERVICES AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MAINANSWER AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, TITLE, AND NON-INFRINGEMENT.
MAINANSWER AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT MAINANSWER.COM, OR ANY SERVICES OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MAINANSWER.COM, OR THE SERVER THAT MAKES MAINANSWER.COM, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAINANSWER MAKES NO GUARANTEE REGARDING (A) THE TIMING AND DELIVERY OF ANSWERS TO QUESTIONS POSTED ON THE WEBSITE OR ANY OTHER APPLICABLE CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON MAINANSWER.COM; (B) THE QUALITY OF THE ANSWERS GIVEN FOR QUESTIONS ASKED ON THE WEBSITE; OR (C) THE TIME PERIOD WITHIN WHICH A REFUND REQUEST ON MAINANSWER.COM WILL BE PROCESSED.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL SERVICES AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH SERVICE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAINANSWER OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM MAINANSWER.COM, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
MAINANSWER IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER OR EXPERT ON MAINANSWER.COM.
19. Limitation of Liability
YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL MAINANSWER OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MAINANSWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO MAINANSWER BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN MAINANSWER AND RECEIVED BY YOU THROUGH OR ADVERTISED ON MAINANSWER.COM OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
20. Changes to Main Answer Services
Main Answer reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the Main Answer Services or any part thereof with or without notice. Main Answer will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
21. Amendments
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.mainanswer.com or elsewhere on MainAnswer.com. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of MainAnswer.com after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing Member or Expert on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.mainanswer.com or elsewhere on MainAnswer.com. The revised version will apply to you immediately if you are a Member or Expert who registers or first uses MainAnswer.com on or after the posting of the revised version.
22. Term and Termination
This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of MainAnswer.com at any time and for any or no reason. Main Answer has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of MainAnswer.com, (ii) remove and discard any Content on MainAnswer.com, or (iii) shut down Main Answer, with or without notice, and with no liability of any kind to you.
If you terminate your account, we will have no obligation to refund you (Members) any fees you may have paid (or in the case of Experts any fees you may have earned) except as may be required by applicable law. In any event, forfeiture of payments or earnings takes precedence.
23. Effects of Terminating
Upon deactivating your account, this Agreement terminates and your access rights to MainAnswer.com immediately cease to exist. For Content you wish to delete from MainAnswer.com, you can make a request using our Contact Support form.
24. Survival
The provisions under the following sections will survive termination of this Agreement for any reason: Sections 2, 4-8, 11, 13-26.
25. Law and Arbitration
This Agreement shall be governed by the laws of Jamaica without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the local courts located within Jamaica for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
26. General
You agree to comply with all policies applicable to Main Answer and MainAnswer.com, which policies are either posted on MainAnswer.com or provided to you. In addition, you agree to comply with all applicable laws. The failure of Main Answer to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. Your accounts are non-transferable. The parties are independent contractors with respect to each other. You may not delegate your duties under this Agreement or assign this Agreement, in whole or in part. Main Answer may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. Any unauthorized use of any MainAnswer.com is a criminal violation and such violations may subject you and your agents to civil and criminal penalties. This Agreement constitutes the entire agreement between you and Main Answer and governs your use of MainAnswer.com, superseding any prior agreements (whether written or oral) between you and Main Answer regarding the subject matter hereof. The other Users of MainAnswer.com are intended third party beneficiaries of your obligations under this Agreement. A party will not be liable for non-performance or delay in performance (other than of obligations regarding payment of money) caused by any event reasonably beyond the control of such party including, but not limited to wars, hostilities, revolutions, riots, civil commotion, national emergency, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any "act of God". Nothing in this Agreement shall prevent us from complying with the law and applicable regulations.
Copyright © 2010, Main Answer
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