Thank you for your interest in our products and services. Before you use our apps, you must agree to our policies. You'll be invited to agree to these terms when you use the apps for the first time.
End User License Agreement
THIS END USER LICENSE AGREEMENT (“LICENSE”) SET OUT BELOW IS BETWEEN YOU AND OPPORTUNITY EDUCATION FOUNDATION (“OE”), AND GOVERNS YOUR USE OF THE QUEST! APPLICATION, QUESTMAKER™ WEB APPLICATION, AND COMMUNITY MANAGER WEB APPLICATION SERVICES AND SOFTWARE (COLLECTIVELY, THE “QUEST APPLICATION PRODUCTS”). TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE QUEST APPLICATION PRODUCTS.
a. This License is applicable to any user of the Quest Application Products (“End-User” or “you”).
b. If you are entering this License on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its End-Users and its affiliates to this License. In that cases, the terms “you” or “your” shall also refer to such entity, its End-Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this License, you may not use the Quest Application Products.You acknowledge that this License is a contract between you and OE, even though it is electronic and is not physically signed by you or OE, and it governs your use of the Quest Application Products.
c. By accessing or using the Quest Application Products, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this License. The Quest Application Products are not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Quest Application Products. If OE becomes aware that you are using the Quest Application Products even though you are under 13, OE will deactivate your account.
e. The OE software, and any third party software, documentation, interfaces, content, fonts and any data accompanying this License whether in read only memory, on any other media or in any other form (collectively the “OE Software”) are licensed, not sold, to you by OE for use only under the terms of this License. OE and/or OE’s licensors retain ownership of the OE Software itself and reserve all rights not expressly granted to you.
f. OE at its discretion, may make available future upgrades or updates to the OE Software for your compatible computer or device. The OE Software upgrades and updates, if any, may not necessarily include all existing software features. The terms of this License will govern any software upgrades or updates provided by OE to the original OE Software product, unless such upgrade or update is accompanied by a separate license in which case you agree that the terms of that license will govern such upgrade or update.
2. Scope of License. This License granted to you for the OE Software by OE is limited to a non-transferable license to use the OE Software on any compatible device that you own or control and as permitted by the Usage Rules set forth in Section 4.d. of the Quest Application Terms and Conditions (the “Usage Rules”). You may not rent, lease, lend, sell, redistribute or sublicense the OE Software. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the OE Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the OE Software). Any attempt to do so is a violation of the rights of the OE and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the License will govern any upgrades provided by OE that replace and/or supplement the original OE Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. Consent to Use of Data. You agree that OE may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the OE Software. OE may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
4. Termination. This License is effective until terminated by you or OE. Your rights under this License will terminate automatically without notice from OE if you fail to comply with any term(s) of this License. Upon termination of the License, you shall cease all use of the OE Software, and destroy all copies, full or partial, of the OE Software.
5. Services; Third Party Materials.
a. The OE Software may enable access to OE’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service.You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that OE shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
b. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that OE is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. OE does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
c. You agree that any Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that OE is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
d. In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the OE Software or Services are not available in all languages or in all countries. OE makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. OE, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will OE be liable for the removal of or disabling of access to any such Services. OE may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
6. No Warranty. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE OE SOFTWARE (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE OE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. OE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE OE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE OE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE OE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE OE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE OE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL OE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE OE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF OE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall OE’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Restrictions. You may not use or otherwise export or re-export the OE Software except as authorized by United States law and the laws of the jurisdiction in which the OE Software was obtained. In particular, but without limitation, the OE Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the OE Software, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
9. Governing Law. The laws of the State of Nebraska, excluding its conflicts of law rules, govern this license and your use of the OE Software. Your use of the OE Software may also be subject to other local, state, national, or international laws.