Quester® provides the www.quester.com website and the website-related services (collectively, the “Website”) with the terms and conditions set forth in this Terms of Use Agreement (“Terms of Use”).

Your use of the Website and Materials (as defined below) contained on the Website is conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Use and Company’s Privacy Policy (located at http://www.quester.com/privacy) (the “Privacy Policy”) both of which shall collectively be referred to herein as the “Terms of Use” unless specifically stated otherwise. By using the Website you agree to the Terms of Use and to abide by all rules, terms, conditions, restrictions and notices therein.

Company reserves the right at any time to:

  • Change the Terms of Use at any time;
  • Change the Website, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, data on or feature of the Website or the hours that the Website is available

Any changes we make to the Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Website and/or e-mail.

Materials. The information and materials provided through the Website, including without limitation, any data, text, graphics, images, audio and video clips, logos, icons, software and/or links (collectively, the “Materials”) are intended to educate and inform you about us, our business and the services that we provide. Unless otherwise specified on the Website, you may download or print Materials displayed on the Website and may use the downloaded or printed Material solely for your own personal use. You must retain all copyright and other proprietary notices on downloaded, printed and copied Materials, and any such downloads or copies are subject to the terms and conditions of these Terms of Use. The Materials remain the property of Quester®. Use, printing or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials. By acquiring or using the Materials, you agree to any such terms and conditions. You may not download, print, copy or use any of the Materials except as expressly authorized by these Terms of Use and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Quester® or, if so indicated in writing by Quester®.

Code of Conduct. While using the Website and/or Materials you agree not to:

  • Restrict or inhibit any other user from using the Website or the Materials, including without limitation, by means of “hacking” or defacing any portion of the Website;
  • Use the Website or Materials for any unlawful purpose or in any manner not intended by Quester® or as contemplated herein and on the Website;
  • While using the Website, engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior;
  • Institute an attack upon any server used in connection with the Website or any portion thereof or otherwise attempt to disrupts such servers;
  • Engage in spamming or flooding;
  • Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website or Materials;
  • Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website or Materials;
  • “Frame” or “mirror” any part of the Website without our prior written authorization;
  • Link the Website or any content thereon to any third party website or portion thereof that contains any gambling, pornographic, obscene, vulgar, illegal or otherwise objectionable or questionable content;
  • Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents; or
  • Harvest or collect information about Website users without their express consent.

While using the Website or Materials, you agree to comply with all applicable laws, rules and regulations.

Compliance with Applicable Laws. Quester® reserves the right at all times to disclose any information as Quester® deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Ownership and Restrictions on Use. The Website is owned and operated by Quester® and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Quester®. The Website and Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.S. and international copyright, trademark and other laws. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Website in any way without our prior written permission.

The Website and Materials may be used solely to the extent necessary for your authorized use of the Website, as provided in these Terms of Use or as expressly authorized in writing by Quester® or, if so indicated in writing by Quester®. Modification of the Website or the Materials or use of the Materials for any other purpose may be a violation of copyright and other proprietary rights and is strictly prohibited.

The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of Quester®. Misuse of any Trademarks is prohibited, and Quester® will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ANY SUCH MATERIAL IS PROHIBITED. All content on the quester.com web site is Copyright © 2012 Quester® unless specified otherwise. ALL RIGHTS RESERVED.


Should you violate our Terms of Use and/or our privacy policy, Quester® will pursue all available remedies, including those in equity and at law.

Privacy/Security. You understand that any information provided by you or collected by us in connection with your use of the Website will be used in the manner described in the Terms of Use and in the terms and conditions of our Privacy Policy, such Privacy Policy being incorporated into and made a part of these Terms of Use by this reference. If you do not agree to the terms of the Privacy Policy you may not use the Website. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Website and/or the information provided by you will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website.

Jurisdictional Issues. The Website is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimers. THE WEBSITE AND THE MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QUESTER® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. QUESTER® DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE (OR ANY PART THEREOF INCLUDING THE MATERIALS AND SUBMISSIONS), THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND MATERIALS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF QUESTER® OR VISITORS, WHETHER MADE ON THE WEBSITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability. NEITHER QUESTER® NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, MATERIALS, SOFTWARE IS TO STOP USING THE WEBSITE, MATERIALS, OR SOFTWARE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO QUESTER® FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL MATERIALS, CONTENT AND SOFTWARE ON THE WEBSITE.

Questions. The Website is provided by Quester®. If you have any questions, comments or complaints regarding the Terms of Use or the Website, feel free to contact us at: Quester, 6500 University Avenue, Suite 101, Des Moines, Iowa 50324, Attn: info@quester.com

Statute of Limitations. Any claim or cause of action arising out of or related to use of the Website, the Materials or the Terms of Use must be filed within one (1) year after such claim or cause or action arose regardless of any status or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

Miscellaneous. The Terms of Use is governed by and construed in accordance with the laws of the State of Iowa, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in Des Moines, Iowa, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms of Use is not assignable, transferable or sublicensable by you except with Quester®’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Please read the Website’s Privacy Policy.

Date last modified: January 30, 2013.