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AskIT, LLC Terms of Service

Introduction

Thank you for using AskIT. These Terms of Service ("Terms") govern your access to and use of the services, software, platform, websites, and applications (the "Service") provided by AskIT, LLC and any of our affiliates (“AskIT”). By using our Service, you agree to be bound by these Terms as well as our Privacy Policy. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. For the purposes of these Terms, a “user” is anyone accessing or using the Service, including IT Pros (as defined below). You represent that you are over the age of thirteen (13) years old. If you are over thirteen, but under the legal age of majority, your parent or legal guardian must consent to this Terms of Service and Privacy Policy, and affirm that they accept these Terms and Privacy Policy on behalf of, and bear all legal and financial responsibility and liability for the actions of, any child between the age of 13 and majority, and expressly ratify and confirm any acts of any such child and all users of the account.


If you are using the Service as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

The AskIT Service is an Information Platform and Not an IT Service Provider

AskIT provides a platform for IT professionals (“IT Pros”) to post responses to questions about information technology (“IT”) topics and to post other content about IT topics (collectively, “Content”). All Content is provided for informational purposes and private use.

About IT Pros

The IT Pros responding to questions and providing Content on the AskIT Service are not employees of AskIT or its affiliates. They are individuals that may hold recognized IT industry certifications such as those from The Computing Technology Industry Association, Inc. (“CompTIA”) who volunteer their time and expertise to provide answers to common IT questions that the general public may have.

Interacting with IT Pros

When you use the Service, you will have the opportunity to ask a question of an IT Pro. You acknowledge and agree that neither the IT Pro nor AskIT have any obligation of confidentiality to you regarding the content of your question. We encourage you not to share any sensitive or private information when asking a question.

Acceptable Use of Communications Services by All Users

The Service includes various services commonly known as "Communications Services." These include services such as online question and answer functionality, blog posts and comment threads. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  • Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
  • Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when (i) you own or control the necessary rights, or (ii) you have received all necessary consents to do so.
  • Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another's computer.
  • Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Harvest or otherwise collect personally identifiable information about others, without their consent.
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
  • Violate any applicable laws or regulations.

Additional Obligations of IT Pros

As an IT Pro user, you agree to the following:

  • Respond to questions in a timely manner and to the best of your ability.
  • Respond only to questions that include subject matter within your area of expertise.
  • Not share any information that you receive through the Service with any third-party.
  • Maintain your CompTIA certifications by completing all continuing education requirements.
  • Not hold yourself out to the public or represent yourself as an employee, agent, or representative of AskIT, CompTIA or their respective affiliates.

Although IT Pros are not employees or agents of AskIT or CompTIA, we encourage IT Pros to list their valuable experience in answering questions on the Service on their resumes. If, as an IT Pro, you choose to do so, you agree that you will provide only truthful information on the resume.

Your License Grant to AskIT

By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, irrevocable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for other users of the Service to modify your Content, and for AskIT to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by AskIT or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

AskIT's License Grant to You

Subject to these Terms, AskIT gives you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive license to use the Service as it is provided to you by AskIT. Your Content will be viewable by other users of the Service and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the user who originated such Content, including IT Pros. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will AskIT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.

You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. AskIT will not be responsible or liable for any use of your Content by AskIT in accordance with these Terms. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of AskIT, its users and the public.

Proprietary Rights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of AskIT and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the AskIT name or any of the AskIT trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Copyright Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with AskIT’s Designated Copyright Agent:

AskIT, LLC
Attn: General Counsel
3500 Lacey Road, Suite 100
Downers Grove, Illinois 60515
Email: legal@askitnow.com

Privacy

AskIT values your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to the United States and/or other countries for storage, processing and use by AskIT. By using the Service you consent to receiving e-mails from AskIT. You may unsubscribe at any time by using the unsubscribe link on the bottom of the e-mails you receive or by contacting us.

Disclaimers; Indemnity

Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, ASKIT AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content thereon. AskIT will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that AskIT has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from AskIT or through the Service, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASKIT AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ASKIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Applicable Law

These Terms and any action related thereto will be governed by the laws of the State of Illlinois without regard to or application of its conflict of law provisions or your state or country of residence.

Dispute Resolution By Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service department at customerservice@askitnow.com.

However, if AskIT is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Service we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution ("JAMS"). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, Chicago (IL), or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

Any notice to AskIT should be addressed to AskIT, LLC, 3500 Lacey Road, Suite 100, Downers Grove, Illinois 60515, Attention: General Counsel. Any notice to you shall be sent to your address as set forth in AskIT's records of account or such other legal address as AskIT is able to identify.

You may only resolve disputes with us or IT Pros on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

  • AskIT may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
  • AskIT may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
  • In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Chicago, Illinois, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

AskIT may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.

Entire Agreement

These Terms are the entire and exclusive agreement between AskIT and you regarding the Service (excluding any services for which you have a separate agreement with AskIT that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between AskIT and you regarding the Service.

Waiver, Severability and Assignment

Rocket Lawyer's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Rocket Lawyer may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Termination

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.

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