Terms of Service

bQuest, Inc. (“bQuest”)

TERMS OF SERVICE

Please read the following Terms of Service carefully. If you do not agree with these terms governing your relationship with bQuest, you should not use the bQuest applications, website, platform, or other software or technology products.

Last updated March 11, 2026

This Agreement constitutes a legally binding agreement (the “Agreement”) between you and bQuest, Inc. (“bQuest,” “we,” “us” or “our”), governing your use of the applications, websites, and/or other software or technology products available through https://www.thebquest.com/, including any and all subdomains or subdirectories thereof (the “bQuest Site”), and available through mobile, desktop, or device applications (“Apps”) and bQuest-controlled social media pages (including Facebook, Instagram, Spotify, YouTube, LinkedIn, and X under any and all developer accounts connected to bQuest or the bQuest Site accessed through the iOS App Store, the Google Play Store, or any other platform for the distribution of software applications (collectively, the “bQuest Platform”).

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND BQUEST CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BQUEST TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.

By entering into this Agreement, and/or by using or accessing the bQuest Platform, you expressly acknowledge that you are at least 18 years of age and that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and the Privacy Policy (the “Privacy Policy”) available at https://thebquest.com/privacy and accept all of their respective terms. The Privacy Policy is incorporated by reference into this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE PRIVACY POLICY, YOU MAY NOT USE OR ACCESS THE BQUEST PLATFORM.

1. Who may use the bQuest Site

Account Age Requirement. You must be at least 18 years old to access the Platform or use the Services.

bQuest enables people, organizations and other legal entities (“Clients”) to access information, and make connections with providers of legal, finance, aging care related services, funeral, and loss-related services (“Services”) to find and engage, on an independent contractor basis, qualified and experienced legal, finance, aging care, funeral, and after loss service providers including, but not limited to, estate planning attorneys, probate law attorneys, elder law attorneys, financial planners, reverse mortgage agents, public accountants, insurance brokers, fiduciary and trustee services, senior placement agents, care manager, home health provider, home care provider, move coordinators, estate sales, realtors, end-of-life doulas, hospice and palliative care providers, grief therapists, funeral providers, legacy planners, after loss professionals, grief community centers (“Service Providers”).

Service Providers, together with Clients, and all other people, organizations and other legal entities who access the bQuest Platform for any reason are referred to in this Agreement as “Users”. Each User may create a User account that enables access to the bQuest Platform. Each person may only create one User account, and bQuest reserves the right to shut down any additional accounts.

YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN SERVICES OR TO CONNECT WITH CLIENTS THROUGH THE USE OF THE BQUEST PLATFORM DOES NOT ESTABLISH BQUEST AS A PROVIDER OF PERSONAL OR PROFESSIONAL SERVICES.

Based on information provided by Users, bQuest facilitates the sharing of information from Clients with Service Providers and information from Service Providers to Clients, all with the purpose of enabling Clients to choose Service Providers. The following limitations apply to the bQuest Platform:

• Clients are entirely responsible for choosing which Service Provider(s) to share information with and are entirely responsible for the information they choose to exchange through the bQuest Platform. bQuest uses limited discretion in screening Service Providers. Neither bQuest, nor our respective affiliates, by making a referral to, are endorsing any individual, company or agency, nor are we providing any legal, financial, medical, diagnostic, treatment or clinical service or engaging in any conduct that requires a professional license. Fees paid to bQuest are not fees paid for professional services, as bQuest is a platform for Clients and Service Providers.
• Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Any connection between a Service Provider to a Client shall constitute a separate agreement exclusively between such persons. We do not employ any Service Providers and are not responsible for the conduct of any Client, Service Provider or User of our site. All information in User profiles is created by Users of the bQuest Platform.  Each User must do their own diligence to ensure the Service Provider chosen is appropriate for the specific needs and complies with applicable laws.
• Except as explicitly set forth in the agreement between the Service Provider and a Client, Services shall never include medical care of any kind, including emergency care, and no part of the fees constitutes compensation for any legal, financial, medical or emergency care. bQuest shall not be liable for any damages resulting from any act or omission of any Service Provider.

2. Use of the Platform

Subject to your compliance with this Agreement, bQuest grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the bQuest Platform on your personal device solely in connection with your use of the bQuest Program (as defined below) and Services; and (ii) access and use any content, information and related materials that may be made available through the bQuest Program and Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by bQuest and bQuest’s licensors.

bQuest may from time to time provide certain services, programs, promotions, opportunities and contests to Clients and/or Service Providers (“bQuest Programs”). bQuest may at any time in its sole discretion, change, modify, add to, supplement or delete the terms and conditions of any bQuest Program, including without limitation changing the name, fees and eligibility requirements to participate in such bQuest Program. bQuest will endeavor to notify you of any material changes by email but will not be liable for any failure to do so. In any case, the liability of bQuest or any of bQuest’s partners pursuant to such bQuest Programs shall be limited as described in this Agreement, including but not limited to Section 14 of this Agreement.

3. Modification to the Agreement

bQuest reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the bQuest Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).

4. Eligibility and Status

To be eligible to use our services, you must meet the following criteria:

• You must be eighteen (18) years of age or older.
• If you are registering as a Service Provider, you must be permitted to legally work within the United States.
• You must not be a competitor of bQuest or using our services for reasons that are in competition with bQuest.
• You must comply with any and all regulations to which you are subject.
• Service Providers must comply with all regulations related to the provision of related Services in your state and/or local jurisdiction.

Notwithstanding the foregoing, bQuest reserves the right to restrict access to the services to any person or persons at any time, at bQuest’ sole discretion. bQuest is not required to provide a reason for denial or restriction of services.

bQuest does not employ any providers. Clients alone are the potential employers of Service Providers and are responsible for compliance with all applicable employment and other laws in connection with the relationship they establish.

bQuest does not have control over the quality, timing, or legality of the services actually delivered by Service Providers, nor of the responsibility or actions of Clients or Service Providers, and we may undertake limited verification prior to making referral or recommendations to Clients or Service Providers. Nevertheless, we make no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Service Providers or the responsibility or actions of Clients or Service Providers whether in public, private or offline interactions. bQuest does not provide any training or equipment to Service Providers, nor does bQuest have the right to direct and control the work performed by Service Providers or the financial and business aspects of Providers’ work.

If you are a Service Provider on the bQuest Platform, you acknowledge and agree that the relationship between the parties under this Agreement is solely that of independent contracting parties. You and bQuest expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and bQuest; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind bQuest, and you undertake not to hold yourself out as an employee, agent or authorized representative of bQuest.

All Users hereby agree and acknowledge that bQuest is not responsible for ensuring compliance with federal, state or local laws regarding healthcare, information, employment classification, overtime, workers’ compensation, income tax withholding or any other tax matters, and that all Users will indemnify and hold harmless bQuest, its employees, directors, consultants and shareholders, with respect to any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including reasonable attorneys’ fees and costs, arising out of or relating to the foregoing.

If you are a Service Provider, you hereby expressly acknowledge and agree that you are not entitled to unemployment insurance benefits through bQuest, and that unless you have entered into an express written agreement with a Client or Clients, you are obligated to pay federal and state income tax on any moneys you receive through the bQuest Platform. You also acknowledge that providing Services through the bQuest Platform does not constitute your primary source of income, and that your work for Clients is on an informal, occasional basis.

5. Prohibited Uses; Reporting Abuse

Without limitation, while using the bQuest Platform, Users may not:

• Publish, post, upload, distribute or disseminate any image, name, material or information regarding any other person, without the express permission of such person.
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Users, Service Providers and bQuest staff.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Use the bQuest Platform for any purpose in violation of local, state, national, or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Engage in social engineering or upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
• Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Provide false or inaccurate information when registering an account on the bQuest Platform, using the Services or communicating with other Users or Service Providers.
• Impersonate another person or a Client or Service Provider or allow any other person or entity to use your identification to post or view comments.
• Download any file posted by another Client or Service Provider that a Client or Service Provider knows, or reasonably should know, cannot be legally distributed through the bQuest Platform.
• Restrict or inhibit any other Client or Service Provider from using and enjoying the Public Areas.
• Imply or state that any statements you make are endorsed by bQuest, without the prior written consent of bQuest.
• Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the bQuest Platform in any manner.
• Hack or interfere with the bQuest Platform, its servers or any connected networks.
• Adapt, alter, license, sublicense or translate the bQuest Platform for your own personal or commercial use.
• Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by bQuest.
• Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
• Use the bQuest Platform to solicit for any other business, website or service, or otherwise contact Users or Service Providers for employment, contracting or any purpose not related to use of the bQuest Platform as set forth herein.
• Use the bQuest Platform to collect usernames and or/email addresses of Users or Service Providers by electronic or other means.
• Register under different usernames or identities, after your account has been suspended or terminated, or terminate your registration and re-register in order to prevent a review from being associated with your account.
• You should NOT use the bQuest Platform to share sensitive personal data such as social security numbers, driver license information, or any information of any kind that you deem extremely sensitive.
• Reporting Abuse.  BY USING THE SITE OR THE SERVICES, YOU AGREE TO REPORT ANY ALLEGED IMPROPRIETIES OF ANY USERS TO BQUEST IMMEDIATELY VIA ELECTRONIC CORRESPONDENCE. IN THE EVENT THAT ANY ALLEGATION OF IMPROPER CONDUCT BY ANY USER IN VIOLATION OF THESE TERMS OR OF APPLICABLE LAW, BQUEST WILL IMMEDIATELY SUSPEND THE ACCOUNT OF SUCH USER PENDING A FULL INVESTIGATION INTO SUCH ALLEGATIONS.

6. Public Content

The bQuest Platform may contain profiles, reviews, email systems, blogs, applications, chat areas, or other message or communication facilities (“Public Areas”) that allow bQuest Service Providers and Users to communicate among each other. Users may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. You understand that all submissions made to Public Areas by Users (“Public Content”) will be public and not confidential, that you may be publicly identified by your name or login identification on the bQuest Platform, including, with respect to Service Providers, information regarding reviews and performance of Services, and that bQuest will not be responsible for any damage or injury to occur as a result of Public Content or use of Public Areas.

7. Account, Password, Security and Communication

You must register with bQuest and create an account to use certain features of the bQuest Platform and to use the Services. You may use your account only for yourself. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or bQuest for accessing the bQuest Platform. You are solely and fully responsible for all activities that occur under your password or account. BQuest has no control over the use of your account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact bQuest immediately.

By entering into this Agreement or using the bQuest Platform, you expressly consent to receive communications from us, including via e-mail, text message, telephone, and push notifications. You agree that text messages, telephone calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from bQuest, its affiliated companies and/or Users, may include but are not limited to: operational communications concerning your User account or use of the bQuest Platform or Services, updates concerning new and existing features on the bQuest Platform, communications concerning promotions run by us or our third-party partners, and news concerning bQuest and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may revoke this consent at any time by contacting us at info@thebquest.com.

IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL EMAIL MAY IMPACT YOUR USE OF THE BQUEST PLATFORM OR THE SERVICES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS, EMAILS OR CALLS AS A CONDITION OF USING THE BQUEST PLATFORM OR THE SERVICES.

8. Personal Information; Artificial Intelligence

“Personal Information” is defined as any information and materials that you provide to bQuest or other Users in connection with your registration for and use of the bQuest Platform, including without limitation Public Content.

When you create a bQuest User or Service Provider account, you submit Personal Information about yourself such as name, address, email address, and phone number. All Users including Clients and Service Providers are subject and agree to the use of their Personal Information consistent with our Privacy Policy which can be found at https://thebquest.com/privacy-policy/.  Please review the Privacy Policy to learn about what information we may collect about you, what we use that information for; and with whom we share that information.

We have partnerships with certain financial partners such as wealth management advisors and others. If you were referred to us by one of our financial partners for care coordination services, you expressly grant us permission to receive information from and share your information with your financial advisor.   Specifically, you acknowledge and agree that bQuest may share relevant consultation highlights, including but not limited to care recommendations, provider options, and next steps, with your designated financial advisor or wealth management firm, and you agree that your financial advisor or wealth management firm may share relevant consultation highlights, including but not limited to your careseeking needs with us. This information sharing is intended to support holistic financial and care planning. bQuest will take reasonable and appropriate measures to ensure that only the minimum necessary information is disclosed and that such disclosures comply with all applicable privacy laws, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended from time to time, where applicable. You retain the right to revoke this consent at any time by providing written notice to bQuest by email at info@thebquest.com. Your authorization to share Personal Information does not permit the financial advisor to make care-related decisions on behalf of you, nor does it establish any fiduciary responsibility on the part of bQuest beyond the scope of its services. By accepting bQuest’s services, you confirm your understanding of and express consent to this information-sharing arrangement.

You are solely responsible for your Personal Information, and, subject to our Privacy Policy, we act merely as a conduit for your online distribution and publication of your Personal Information. You hereby represent and warrant to bQuest that your Personal Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (c) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for bQuest or cause bQuest to lose (in whole or in part) the services of its ISPs or other partners or suppliers. You agree that bQuest is not liable for any Personal Information except as described in the Privacy Policy to the extent permitted by law.

You hereby grant bQuest a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in your Personal Information, in any media now known or not currently known in order to market, promote, perform and improve upon the bQuest Platform.

We may develop and use artificial intelligence products and services to generate Service Provider recommendations to Users from which Users may then make a selection. Users are always free to decline these recommendations or search for another Service Provider.  We may use your Personal Information including your interactions with our recommendations to train our recommendation algorithm and make product enhancements. 

Public Content is primarily user-generated, and we do not control or vet user-generated content for accuracy. bQuest does not assume any responsibility for the accuracy or reliability of any information provided by Users on or off the bQuest Platform.

9. Termination and Suspension

BQuest may terminate or suspend your right to use the bQuest Platform at any time for any or no reason, with or without notice. bQuest is not obligated to provide you with an explanation for suspension or termination.

Without limiting the foregoing, bQuest may terminate or suspend your right to use the bQuest Platform if you breach any term of this Agreement or any policy of bQuest posted through the bQuest Platform from time to time, or if bQuest otherwise finds that you have engaged in inappropriate and/or offensive behavior. If bQuest terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, bQuest reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Should bQuest find that you violated this Agreement, bQuest reserves the right, at its sole discretion, to immediately terminate your use of the bQuest Platform and Services. By using the bQuest Platform and/or Services, you agree that bQuest may assess, and you will be obligated to pay, $10,000 per each day that you: (i) maintain User information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the bQuest Platform, or (ii) otherwise mis-use or mis-appropriate bQuest Platform content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights bQuest may have under these Terms or applicable law. Further, in order to protect the integrity of the bQuest Platform and the Services, bQuest reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the bQuest Platform.

Even after your right to use the bQuest Platform is terminated or suspended, this Agreement will remain enforceable against you.

You may terminate this Agreement at any time by ceasing all use of the bQuest Platform. All sections which, (a) expressly survive termination of this agreement, (b) apply to activities that may be conducted without access to the bQuest Platform, or (c) by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

10. Links to Other Websites

Links (such as hyperlinks) from the bQuest Platform to other sites on the Web do not constitute the endorsement by bQuest of those sites or their content. Such links are provided as an information service, for reference and convenience only. bQuest does not control any such sites and is not responsible for their content. The existence of links on the bQuest Platform to such websites (including without limitation external websites that are framed by the bQuest Platform as well as any advertisements displayed in connection therewith) does not mean that bQuest endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by this Agreement or the Privacy Policy. You access such third-party websites at your own risk. bQuest expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the bQuest Platform. You hereby agree to hold bQuest harmless from any liability that may result from the use of links that may appear on the bQuest Platform.

11. Intellectual Property Rights

Except for Personal Information as described in our Privacy Policy, you retain all right, title, and interest in and to any content, data, text, materials, images, information, or other content that you submit, upload, transmit, or otherwise provide through the Platform (“User Content” or “Customer Data”). By submitting User Content through the Platform, you grant bQuest, LLC a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, modify, adapt, translate, publish, publicly display, and distribute such User Content solely for the purpose of operating, maintaining, providing, and improving the Platform and related services.

bQuest may also use Customer Data in aggregated, anonymized, or de-identified form for analytics, benchmarking, service improvement, and product development, provided such data cannot reasonably be used to identify you or any individual.

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, and other content that Users see or read through the bQuest Platform (collectively, “Proprietary Material”) are owned by or licensed to bQuest, excluding Customer Data and Personal Information that bQuest has the right to use. Proprietary Material is protected in all forms, media, and technologies now known or hereafter developed.

bQuest owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Material as a collective work under the United States Copyright Act, as amended. The Proprietary Material is protected by domestic and international laws governing copyright, patents, trademarks, and other proprietary rights.

Users may not copy, download, use, reproduce, modify, distribute, redesign, reconfigure, or retransmit any portion of the Platform or Proprietary Material without the express prior written consent of bQuest and, where applicable, the holder of the rights to the Customer Data or Personal Information. Any use of Proprietary Material other than as expressly permitted in these Terms is strictly prohibited.

The service marks and trademarks of bQuest, including without limitation the word “bQuest” and the bQuest logos, are service marks and trademarks owned by bQuest. Any other trademarks, service marks, logos, and trade names appearing through the Platform are the property of their respective owners. Users may not copy, display, or use any such marks without the express prior written consent of the applicable owner.

12. Copyright Complaints and Copyright Agent

BQuest respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the bQuest Platform infringe upon your copyright or other intellectual property right, please send the following information to bQuest’s Copyright Agent at: bQuest, Inc., 865 Albion Street, Suite 250, Denver, CO 80220 and info@thebquest.com.

• A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the bQuest Platform where the material you claim is infringed is located. Include enough information to allow bQuest to locate the material, and explain why you think an infringement has taken place;
• A description of the location where the original or an authorized copy of the copyrighted work exist — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
• Your address, telephone number, and e-mail address;
• A 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 information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

13. Disclaimer of Warranties

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BQUEST MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR SERVICE PROVIDERS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. BQUEST DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER BQUEST NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.

NEITHER BQUEST NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. ANY SCREENING OF A USER AND HIS, HER OR ITS INFORMATION BY BQUEST IS LIMITED AND SHOULD NOT BE TAKEN AS COMPLETE, ACCURATE, UP-TO-DATE OR CONCLUSIVE OF THE INDIVIDUAL’S OR ENTITY’S SUITABILITY AS A PROVIDER OF SERVICES.

NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

You expressly acknowledge that while bQuest may provide periodic background screenings for the purpose of protecting the safety and integrity of our platform and its users (such screenings, “Background Screenings”) on Service Providers, we have no obligation to perform Background Screenings on any Users. To the extent we do perform such screenings on any Users (including Service Providers), the checks are limited and should not be taken by or relied upon by any User as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Users (including Service Providers) have provided or of their eligibility to use the bQuest Platform.

14. No Liability

bQuest is not responsible for the conduct, whether online or offline, of any Client or Service Provider using the bQuest Platform or the Services provided by any Service Provider located through the bQuest Platform. Moreover, bQuest does not assume and expressly disclaims any liability that may result from the use of information provided on the bQuest Platform. All Users, including both Clients and Service Providers, hereby expressly agree not to hold bQuest (or bQuest’ officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any User or other third party or for any information, instruction, advice or services which originated through the bQuest Platform, and, to the maximum extent permissible under applicable law, bQuest and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

YOU ACKNOWLEDGE AND AGREE THAT BQUEST IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD BQUEST, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY BQUEST OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL BQUEST, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BQUEST OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

Any cause of action or claim you may have arising out of or relating to these terms of service, the privacy policy or the bQuest platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

15. Indemnification

You hereby agree to indemnify, defend, and hold harmless bQuest, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the bQuest Platform, or (ii) any content submitted by you or using your account to the bQuest Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. bQuest reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of bQuest.

16. Safety Warnings

THE BQUEST SERVICE OFFERS LIMITED LEGAL, AND FINANCIAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR APPLICABLE PROFESSIONAL FOR ANY ADVICE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR FINANCIAL CONDITION OR LEGAL SITUATION, YOU SHOULD ALWAYS CONSULT WITH A RELEVANT PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY ADVICE FROM APROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE BQUEST SITE OR HEARD ON THE BQUEST SERVICES. THE USE OF INFORMATION PROVIDED THROUGH THE BQUEST SERVICES IS SOLELY AT YOUR OWN RISK AND IS NOT LEGAL OR FINANCIAL ADVICE.

NOTHING STATED OR POSTED ON THE BQUEST SITE OR AVAILABLE THROUGH ANY BQUEST SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. THE BQUEST SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND, TO THE FULL EXTENT PERMITTED BY LAW, BQUEST MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN RESEARCH MAY IMPACT THE ADVICE THAT APPEARS HERE. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE BQUEST SERVICES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

17. Dispute Resolution and Arbitration Agreement; No Class Actions

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM, DISPUTE OR ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. Other rights that we or you would have in court, such as an appellate review, also may not be available in the arbitration process described within this section.

In the event that there is a dispute, claim, or controversy between you and bQuest, or between you and bQuest or any User arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Denver, Colorado before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state of Colorado, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years of experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in the FAA. Each party shall bear half of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

How to Opt-out of this Arbitration Clause

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email to info@thebquest.com. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the law of the State of Colorado and in the state and federal courts in and for the City and County of Denver, Colorado.

No Class Actions or Class Arbitrations

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, CONSOLIDATION OF YOUR DISPUTE WITH OTHER ARBITRATIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL ARE NOT PERMITTED AND ARE WAIVED BY YOU, AND AN ARBITRATOR WILL HAVE NO JURISDICTION TO HEAR SUCH CLAIMS. IF A COURT OR ARBITRATOR FINDS THAT THE CLASS ACTION WAIVER IN THIS SECTION IS UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THE CLASS ACTION WAIVER WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS DISPUTE RESOLUTION SECTION IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED WITH THE REMAINDER OF THIS SECTION REMAINING IN FULL FORCE AND EFFECT.

18. Changes to this Agreement and the bQuest Platform

bQuestreserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the bQuest Platform or any content or information through the bQuestPlatform at any time, effective with or without prior notice and without any liability to bQuest. BQuestwill endeavor to notify you of these changes by email but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the bQuest Platform. Your continued use of the bQuestPlatform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. bQuestmay change, modify, suspend, or discontinue any aspect of the bQuestPlatform at any time without notice or liability. bQuestmay also impose limits on certain features or restrict your access to parts or all of the bQuestPlatform without notice or liability.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.