Terms of Service

THE BQUEST, LLC (“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 December 1, 2024

This Agreement constitutes a legally binding agreement (the “Agreement”) between you and BQuest, LLC (“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 URL”), 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 URL 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 18 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 18) and the Privacy Policy (the “Privacy Policy”) available at LINK 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 Platform
    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 trusteeservices, 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, (“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 THROUGH THE USE OF THE BQUEST PLATFORM DOES NOT ESTABLISH BQUEST AS A PROVIDER OF SERVICES.Based on information provided by Users, bQuest facilitates the sharing of information from Clients with Service Providers. Clients are entirely responsible for choosing which Service Provider 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.
    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 between such persons.
    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.
    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’ 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 any of bQuest’spartners pursuant to such bQuest Programs shall be limited as described in this Agreement, including but not limited to Section 14 of this Agreement.
  2. 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).
  3. 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 all claims, demands, losses, causes of action, damage, lawsuits, judgments, including 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.
  4. Terms of Service (applicable to Service Providers only)
    This Section 4 applies only to Service Providers that have entered into a Membership Agreement with bQuest (a “Membership”). By purchasing, using, or availing yourself of bQuest Platform Membership, you agree to the following terms and conditions.
    bQuest may immediately terminate or suspend your account, and all or a portion of your Membership, without notice if:
    1. your payment is overdue (provided that we will use reasonable efforts to notify you of the overdue payment before we terminate or suspend);you provide false or inaccurate information;you violate these Terms of Service or any other bQuest rules or agreements then in effect;you engage in conduct that is a violation of any applicable law or tariff (including, without limitation, copyright and intellectual property laws); orif you engage in conduct that is threatening, abusive or harassing to Users, Service Providers, bQuest employees, agents, or other bQuest’ users, including, for example, making threats to physically harm or damage property.

    In the event that bQuest determines, in its sole discretion, that your Membership is being accessed in a commercial setting or is for commercial use, bQuest reserves the right terminate or suspendyour Membership at any time without notice. You understand and agree that conversion of a Membership to a commercial subscription may be subject to additional fees and requirements as provided to you by bQuest.If we terminate or suspend your Membership, your license to use any software or content provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, bQuest has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you. You must pay all charges up to and including the date of termination. Should you wish to resume your Membership after any suspension, a restoration of service fee may apply. This fee is in addition to all past due unpaid charges and other fees.
  5. Prohibited Uses; Reporting Abuse
    Without limitation, while using the bQuest Platform, Users may not:
    • You should NOT use the bQuest Platform to share confidential or sensitive information of any kind.
    • 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.
    • Advertise or offer to sell any goods or services for any commercial purpose.
    • 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 User 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 User or Service Provider that a User or Service Provider knows, or reasonably should know, cannot be legally distributed through the bQuest Platform.
    • Restrict or inhibit any other User 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.
    • 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 agree 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.
    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 InformationWhen 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 and Service Providers are subject to our Privacy Policy which can be found at LINK“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.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.You are solely responsible for your Personal Information, and, subject to our Privacy Policy, we act merely as a passive 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.
      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.
      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 thePrivacy 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
    You agree that, with the exception of terms described in our Privacy Policy, any content you post using our products and services becomes the exclusive property of The bQuest, LLC with a perpetual, irrevocable, worldwide, royalty-free license to reproduce, modify, adapt, translate, publish, publicly display, and distribute in any method we choose. By using the Platform and in exchange for obtaining the consideration (benefitting from the Platform), you agree to assign and do hereby assign all intellectual property rights you may have in any content you provide to bQuest.
    All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the bQuest Platform is owned by bQuest, excluding Personal Information that bQuest has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. bQuest owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the bQuest Platform without bQuest’s express prior written consent and, if applicable, the holder of the rights to the Personal Information. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of bQuest and, if applicable, the holder of the rights to the Personal Information.
    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/or trade names appearing via the bQuest Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the 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: The bQuest, LLC ADDRESS 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.
  14. No Liability
    bQuest is not responsible for the conduct, whether online or offline, of any User 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 athird 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
    1. Agreement to Binding Arbitration Between You and bQuest
      YOU AND BQUEST MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY ANDAGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with bQuest ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and bQuest, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and bQuest’s partners and service providers, including but not limited to payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
      Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND BQUEST.These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the bQuest Platform, the Services, any other goods or services made available through the bQuest Platform, your relationship with bQuest, the threatened or actual suspension, deactivation or termination of your User account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by bQuest, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by BQuest and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
      BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND BQUEST ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATIONAGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.Prohibition of Class Actions and Non-Individualized Relief.
      YOU UNDERSTAND AND AGREE THAT YOU AND BQUEST MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOUAND BQUEST BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST BQUEST, WHICH ARE ADDRESSED SEPARATELY IN SECTION 18(C).
      The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
      Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.Representative PAGA Waiver.
      Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and bQuest agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and bQuest agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that thereare any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.Rules Governing the Arbitration.
      Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
      As part of the arbitration, both you and bQuest will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
      The arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Clients or Service Providers but is bound by rulings in prior arbitrations involving the same Client or Service Provider to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.Arbitration Fees and Awards.
      The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (i) below and are otherwise required to pay a filing fee under the relevant AAA Rules, bQuest agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to bQuest, bQuest will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by thestandards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules.
      If bQuest initiates arbitration under this Arbitration Agreement, bQuest will pay all AAA filing and arbitration fees.With respect to any Claims brought by bQuest against a Service Provider, or for Claims brought by a Service Provider against bQuest that: (A) are based on an alleged employment relationship between bQuest and a Service Provider; (B) arise out of, or relate to, bQuest’ actual deactivation of a Service Provider’s User account or a threat by bQuest to deactivate a Service Provider’s User account; (C) arise out of, or relate to, bQuest’ actual termination of a Service Provider’s Agreement with bQuest under the termination provisions of this Agreement, or a threat by bQuest to terminate a Service Provider’s Agreement; or (D) arise out of, or relate to, Fees, bQuest shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by bQuest pursuant to the fee provisions above). However, if you are the party initiating the Service Provider Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Clients, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or as otherwise expressly provided in this subsection (e). Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 18, the term “Provider” shall be deemed to include all Service Providers as well as applicants to the bQuest Platform who have not been approved to provide Services through the bQuest Platform.
      Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
      At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.Although under some laws bQuest may have a right to an award of attorneys’ fees and non- filing fee expenses if it prevails in an arbitration, bQuest agrees that it will not seek such an award.If the arbitrator issues you an award that is greater than the value of bQuest’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (i) below, then bQuest will pay you the amount of the award or U.S.$1,000, whichever is greater.Location and Manner of Arbitration.Unless you and bQuest agree otherwise, any arbitration hearings between bQuest and a Client will take place in the county of your billing address, and any arbitration hearings between bQuest and a Provider will take place in the county in which the Provider provides Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for an AAA arbitration. If your Claim is for $10,000 or less, bQuest agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as determined by the AAA Rules. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.Exceptions to Arbitration.
      This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 18(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and (3) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
      Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.Severability.In addition to the severability provisions in subsections (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.Optional Pre-Arbitration Negotiation Process.
    Before initiating any arbitration or proceeding, you and bQuest may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and bQuest. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
  18. Governing Law
    You and bQuest agree that if any portion of Section 18 titled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed, and the remainder of the section will be given full force and effect. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Colorado, without regard to choice of law principles.
  19. Special Promotions
    bQuest may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of bQuest, and can be activated, modified or removed at any time by bQuest without advance notification and the liability of any of bQuest’ partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to this Agreement.
  20. Geographic Restrictions
    bQuest is based in the State of Colorado in the United States. We provide the bQuest Platform for use only by persons located in the United States. We make no claims that the bQuest Platform or any of its content is accessible or appropriate outside of the United States. Access to the bQuest Platform may not be legal by certain persons or in certain countries. If you access the bQuest Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
  21. General Provisions
    Failure by bQuest to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right, will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and bQuest with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions willremain in full force and effect. This Agreement will inure to the benefit of bQuest, its successors and assigns.
  22. Changes to this Agreement and the bQuest Platform

bQuest reserves 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 bQuest Platform at any time, effective with or without prior notice and without any liability to bQuest. BQuest will 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 bQuest Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. bQuest may change, modify, suspend, or discontinue any aspect of the bQuest Platform at any time without notice or liability. bQuest may also impose limits on certain features or restrict your access to parts or all of the bQuest Platform 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.