QBAZAAR TERMS OF USE
1. ACCEPTANCE OF TERMS
BY CLICKING THE “I AGREE” BUTTON ON THE ACCOUNT REGISTRATION OR PAYMENT PAGE OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER QBAZARR LLC SOFTWARE, SERVICES, WEBSITES OR ANY OF QBAZARR LLC’S LICENSEES SERVICES OR SOFTWARE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
Qbazaar LLC runs web sites NRAPpain.org Painexam.com, www.anesthesiaexam.com, and pmrexam.com (referred to herein after as the "Site") that provides a collection of online resources, including classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Qbazaar services, you agree to abide by any applicable posted guidelines for all Qbazaar services, which may change from time to time. Shofuld you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Qbazaar in any way, your only recourse is to immediately discontinue use of Qbazaar. Qbazaar has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
***EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. Section of this agreement may be directed towards contemplated services, although currently not available on the Site. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at:
3. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Qbazaar does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Qbazaar site and Content available through the Service may contain links to other websites, which are completely independent of Qbazaar. Qbazaar makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Qbazaar be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Qbazaar does not pre-screen or approve Content, but that Qbazaar shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
You understand that by your posting of any material on the Site and with the Service you convey a license to such material to Qbazaar. Such license continues pursuant to the terms of the License Agreement on the site. Your posting of such material does not entitle you to any compensation from Qbazaar any of its users, successors or assigns.
4.1 THIRD PARTY CONTENT, SITES, AND SERVICES
The Qbazaar site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Qbazaar, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Qbazaar shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Qbazaar is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Qbazaar, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
4.2 Information Not Advice
No Client-Professional Relationship Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional medical advice. Contributors provide only general information about medicine and will not provide medical advice nor propose a specific course of action for a user. By answering questions on forums, Contributors do not form a fiduciary relationship such as a doctor-patient relationships, with other users of the Site. The practices and procedures that apply to your particular question may differ depending on information typically discovered through in-person evaluations or visits. Contributors in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. QBAZAAR LLC does not check Contributors to verify their expertise, license, certification, education, employment or experience.
No professional-client relationships shall be formed on the Site. Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Qbazaar's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at [email protected]
Please provide our Agent with the following Notice:
a) Identify the material on the Qbazaar site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Qbazaar will remove the infringing posting(s), subject to the the procedures outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
You acknowledge and agree that Qbazaar may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Qbazaar, its users or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) with respect to employers that employ four or more employees,
e) that impersonates any person or entity, including, but not limited to, a Qbazaar employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
f) that includes personal or identifying information about another person without that person's explicit consent;
g) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
h) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
i) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
j) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Qbazaar sites which are not designated for such purposes; or emailed to Qbazaar users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in "services";
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
p) "stalk" or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Qbazaar;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) post the same item or service in more than one classified category or forum, or in more than one metropolitan area;
u) attempt to gain unauthorized access to Qbazaar's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Qbazaar website; or
v) use any form of automated device or computer program that enables the submission of postings on Qbazaar without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
w) use any form of automated device or computer program ("flagging tool") that enables the use of Qbazaar's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU;
8. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to Qbazaar email addresses or through Qbazaar computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in California. Any unauthorized use of Qbazaar computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C.A. § 1030 et seq.),
9. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service.
Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
10. LIMITATIONS ON SERVICE
10.1 Limitations by Qbazaar
You acknowledge that Qbazaar may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Qbazaar has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Qbazaar reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Qbazaar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
10.2 Limitations Due to Third Parties
Sometimes the Internet - or your individual connection to it - can be slow or inaccessible, and that can adversely affect your experience using the Sites and Services. Also, it is possible that other events can happen that adversely affect our Sites and Services or your ability to access it, which events are out of either of our control (e.g. Acts of God, force majeure events, DNS or other attacks). Neither of us is responsible for the effect of any such events. That said, you should know that we have implemented a series of highly protective procedures – including working with some of our industry’s most respected hosting and other service providers - that are designed to give us and our customers an extremely high degree of redundancy, security, and reliability.
10.3 No Refunds
We don’t issue refunds or pro-rated credits. This strict “no refund” policy is important to our business for several reasons. It helps us efficiently address anticipated server loads, it allows us to keep improving our software, and also helps reduce our administrative costs. Please don’t ask our support team to deviate from this policy.
11. ACCESS TO THE SERVICE
Qbazaar grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Qbazaar.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.
You may also create a hyperlink to the home page of Qbazaar sites so long as the link does not portray Qbazaar, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.
Use of the Service beyond the scope of authorized access granted to you by Qbazaar immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Qbazaar.
12. TERMINATION OF SERVICE
You agree that Qbazaar, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Qbazaar believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Qbazaar shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU.
13. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Qbazaar. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Qbazaar, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although Qbazaar does not claim ownership of content that its users post or submit and are subsequently posted, by submitting and/or posting Content to the any area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Qbazaar an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to the Service, you automatically grant Qbazaar all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
14. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE QBAZAAR SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE QBAZAAR SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, QBAZAAR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE QBAZAAR SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, QBAZAAR DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE QBAZAAR SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE QBAZAAR SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, QBAZAAR DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE QBAZAAR SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
15. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL QBAZAAR BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF QBAZAAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE QBAZAAR SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE QBAZAAR SITE OR THE SERVICE, FROM INABILITY TO USE THE QBAZAAR SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE QBAZAAR SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE QBAZAAR SITE OR THE SERVICE OR ANY LINKS ON THE QBAZAAR SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE QBAZAAR SITE OR THE SERVICE OR ANY LINKS ON THE QBAZAAR SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
16. INDEMNITY
You agree to indemnify and hold Qbazaar, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and violation of any rights of another.
17. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Qbazaar and govern your use of the Service, superceding any prior agreements between you and Qbazaar. The TOU and the relationship between you and Qbazaar shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Qbazaar agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Qbazaar to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: [email protected]
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar reaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Qbazaar to pursue legal action to enforce these Terms, you will be liable to pay Qbazaar the following amounts as liquidated damages, which you accept as reasonable estimates of Qbazaars' damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Qbazaar one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If Qbazaar establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Qbazaar one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Qbazaar in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Qbazaar email addresses or through Qbazaar computer systems, you agree to pay Qbazaar twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay Qbazaar one hundred dollars ($100) for each Item of Content posted. In its sole discretion, Qbazaar may elect to issue a warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Qbazaar one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Qbazaar an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Qbazaar's express written permission, you agree to pay Qbazaar three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Qbazaar's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Qbazaar retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
20. Governing Law and Jurisdiction
This Agreement will be governed solely by the internal laws of the State of New York, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of New York.
21. FEEDBACK
We welcome your questions and comments on this document in the Qbazaar feedback forum: