Terms of Service : ChemQuiz.net

Effective Date: June 30, 2022; Last Updated: July 29, 2023

The ChemQuiz.net, LLC. (“ChemQuiz.net“) website and its applications are a hosted service operated by ChemQuiz.net, LLC. (“Service“). Any use of the Service is subject to the following Terms and Conditions of Service (“Terms of Service” or “Terms“), as well as to ChemQuiz.net’s Privacy Policy, which is incorporated by reference into these Terms of Service. Your use of the Service will constitute your acceptance of these Terms of Service.

Eligibility. Use of the Service is void where prohibited. The Service is intended for users over the age of 13, but is open to all ages. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Service does not violate any applicable law or regulation.
Your ChemQuiz.net Account and Data. If you create an account on the Service, you are responsible for maintaining the security of your account and data, and you are fully responsible for all activities that occur under the account. Accounts are for individual, not organizational, use by a single person only. You may not share your account with any other person. You must notify ChemQuiz.net immediately of any unauthorized uses of your data, your account or any other breaches of security. ChemQuiz.net will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. ChemQuiz.net may from time to time set storage limits for your data, or take any other measures it considers appropriate to manage the Service. ChemQuiz.net may also from time to time change its policies on offering commercial content or displaying advertising, and may do this without notice.
Subscriptions. You have the option to purchase a subscription, which offers an upgraded experience with additional features or functionality for your ChemQuiz.net account (“Subscription“). Subscriptions may be purchased by pre-payment giving you access for a specific time period (“Pre-Paid Period“). The terms stated below will govern your participation in these programs.
1. Pre-Paid Subscription Term: Subscriptions purchased for a Pre-Paid Period will automatically terminate at the end of the Pre-Paid Period. All subscriptions are non-transferable and irrevocable once a credit has been redeemed by an individual user account. Individual accounts which use a Group Order subscription credit may not be associated with any school, business, entity, institution or any other centralized account and the purchaser of the Group Order has no right to or interest in any account to which a subscription credit has been applied, except where the purchaser of the Group Order and the holder of the account to which a subscription credit has been applied are the same individual.
2. To Cancel Your Subscription: You may cancel your Subscription at any time. You can cancel your Subscription by using the contact form and requesting that we cancel your account.
3. Cancellation by Us: We may cancel your Subscription at any time for any reason, with or without prior notice.
4. Refunds: Except where required by law, Subscriptions purchased directly through ChemQuiz.net are non-refundable. We do not provide any refunds if the price for Subscription plans drops, or if we offer subsequent promotion pricing or change the content or features of the Service.
5. Price changes: We may change the price for Subscriptions from time to time. We will communicate any price changes to you in advance. Price changes for Subscriptions will take effect following the date of the price change but will not apply to any existing Subscriptions. Please be sure to read any such notification of price changes carefully.
Prohibited Content. You may post only educational and study-related Content to the Service. The following are examples of Content prohibited to post on or through the Service. ChemQuiz.net reserves the right to investigate and take appropriate legal action against anyone who, in ChemQuiz.net’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, limiting the use of any portion of the Service or terminating the accounts of such violators, or seeking other legal remedies. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of ChemQuiz.net:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any class or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains sexually suggestive, excessively violent, or offensive subject matter;
5. solicits personal information from anyone under 18 years old;
6. publicly posts information that poses or creates a privacy or security risk to any person;
7. includes information about another person that you have posted without that person’s consent;
8. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;
9. contains or promotes information that you know is false or misleading, or promotes illegal activities or conduct that are abusive, threatening, obscene, defamatory or libelous;
10. contains or promotes an illegal or unauthorized copy of another person’s copyrighted work;
11. solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
12. involves the transmission of junk mail, chain letters, unsolicited mass mailings or instant messages, or spam;
13. furthers or promotes any criminal activity or enterprise, or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
14. involves commercial activities and/or sales without prior written consent from ChemQuiz.net, such as contests, sweepstakes, bartering, advertising, or pyramid schemes;
15. violates any and all applicable laws or regulations.
Prohibited Activities. You may only engage in educational and study-related activities while using the Service. The following are examples of the kind of activity that is prohibited on the Service. ChemQuiz.net reserves the right to investigate and take appropriate legal action against anyone who, in ChemQuiz.net’s sole discretion, violates this provision, including without limitation, terminating your account and/or access to the Service, reporting you to appropriate governmental authorities, including law enforcement, or seeking other legal remedies. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Service;
3. impersonating or attempting to impersonate another user, person or entity;
4. using the account, username, or password of another user at any time, or disclosing your password to any third party, or permitting any third party to access your account;
5. using any information obtained from the Service in order to harass, abuse, or harm another person or entity, or attempting to do so;
6. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of, or access to, a computer or a computer network;
7. any automated use of the system, such as, but not limited to, using scripts to create or modify assignments;
8. interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service;
9. displaying an unauthorized commercial advertisement on the Service, or accepting payment or anything of value from a third party in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Service on behalf of that party;
10. reproducing, duplicating, copying, selling, reselling, trading, or exploiting for any commercial purposes, any portion of, or access to, the Content and/or functionality offered through the Service, unless you have been specifically allowed to do so in a separate agreement;
11. using the Service in a manner inconsistent with any and all applicable laws or regulations.
Responsibility of Service Users. ChemQuiz.net has not reviewed, and cannot review, all Content posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, ChemQuiz.net does not represent or imply that it endorses the Content posted thereon, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. The Service may contain material that is offensive, indecent, or otherwise objectionable, as well as Content in which technical, factual, or other inaccuracies, typographical mistakes, or other errors may be present. The Service may also contain Content that violates or infringes the intellectual property and other proprietary rights of third parties, or of which the downloading, copying or use may be subject to additional terms and conditions, stated or unstated. ChemQuiz.net disclaims any responsibility for any harm resulting from your use of the Service, or from you downloading the Content posted thereon. If you discover Content or other material in violation of these Terms or ChemQuiz.net’s Community Guidelines, you are encouraged to report the Content to ChemQuiz.net using the reporting functions available on the Service.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the Content, including computer software, made available through the websites and webpages to which ChemQuiz.net links, and which link to ChemQuiz.net. ChemQuiz.net does not have any control over those third party websites and webpages, and is not responsible for their content or your use thereof. By linking to a third party website or webpage, ChemQuiz.net does not represent or imply that it endorses that website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive material. ChemQuiz.net disclaims any responsibility for any harm resulting from your use of third party websites and webpages.
Copyright Infringement and DMCA Policy. ChemQuiz.net respects the intellectual property rights of others. If you believe that material located on or linked to by ChemQuiz.net violates your copyright, you are encouraged to notify ChemQuiz.net. ChemQuiz.net will respond to all such notices, including by removing the infringing Content or disabling all links to the infringing Content, as required or appropriate. In the case of a visitor who may infringe, once or repeatedly, the copyrights or other intellectual property rights of ChemQuiz.net or others, ChemQuiz.net may, in its discretion, terminate or deny access to, or use of, the Service. In the case of such termination, ChemQuiz.net will be under no obligation to provide a refund of any amounts previously paid to ChemQuiz.net by that user.
Trademarks. ChemQuiz.net, the ChemQuiz.net mark and logo, and all other trademarks, service marks, graphics and logos used in connection with ChemQuiz.net, or the Service are trademarks or registered trademarks of ChemQuiz.net or ChemQuiz.net’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any ChemQuiz.net or third-party trademarks. Audio files and software may not be sold or redistributed, or offered as a service to others.
Changes to the Service and Terms. The Service, including without limitation all content there available, product and Subscription features, any and all of ChemQuiz.net’s policies, and these Terms of Service, may be changed at the sole discretion of ChemQuiz.net without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms of Service, and as such, you should periodically review these Terms of Service.
LIMITATION OF WARRANTIES OF ChemQuiz.net, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, ALL CONTENT POSTED TO OR AVAILABLE FROM THE SERVICE IS PROVIDED “AS IS”, AND ChemQuiz.net, ITS SUPPLIERS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT ChemQuiz.net, ITS SUPPLIERS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD SUCH CONTENT OR THE USE OF THE SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY OF ChemQuiz.net, ITS SUPPLIERS AND ITS LICENSORS. EXCEPT AS OTHERWISE EXPRESSLY STATED, IN NO CIRCUMSTANCE WILL ChemQuiz.net, ITS SUBSIDIARIES, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF THE SERVICE, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEBSITE INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF ChemQuiz.net, ITS SUPPLIERS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST ChemQuiz.net, ITS SUPPLIERS AND ITS LICENSORS ARISING FROM, OR RELATED TO, USE OF THE SERVICE, OR THE CONTENTS THEREOF, OR OF ANY HYPERLINKED WEBSITE, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO ChemQuiz.net DURING THE 12-MONTH PERIOD PRIOR TO THE DATE A CLAIM IS MADE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE PARTIES AGREE THAT THIS SECTION, SECTION 10, REPRESENTS A REASONABLE ALLOCATION OF RISK.
Disputes with ChemQuiz.net. In the case of any dispute between you and ChemQuiz.net arising out of or connected to these Terms of Service or your use of the Service, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
1. Binding Arbitration: Any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association (“AAA“) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration, and that other procedural rights such as discovery and appeal are not available in an arbitration. YOU AND ChemQuiz.net KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
2. Disputes will be settled on an individual basis: YOU AND ChemQuiz.net KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION.
Governing Law. ChemQuiz.net is located in Kent, Ohio. Except to the extent any applicable law provides otherwise, these Terms of Service and any access to or use of the Service will be governed by the laws of the state of Ohio, U.S.A., excluding its conflict of law provisions, regardless of where you are located in the world.
Venue. Any dispute subject to Binding Arbitration will take place in Portage County, Ohio. For any other judicial action that may arise between you and ChemQuiz.net, or for which our Binding Arbitration clause is found not to apply, both you and ChemQuiz.net agree to submit to the venue and personal jurisdiction of the courts located in Portage County, Ohio.
General Representation and Warranty. You represent and warrant that your use of the Service will be in accordance with ChemQuiz.net’s Privacy Policy, with these Terms of Service, with any applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and with any other applicable policy or terms and conditions.
Indemnification. You agree to defend, indemnify and hold harmless ChemQuiz.net, its subsidiaries, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
Miscellaneous. You agree to defend, indemnify and hold harmless ChemQuiz.net, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising from your use of the Service, including but not limited to, any violation of any representation or warranty contained in these Terms of Service.
Severability. If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent, and the remaining portions will remain in full force and effect.
Non-waiver of Rights. A waiver by either party of any term or condition of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Assignment. You may assign your rights under these Terms of Service to any party that consents to, and agrees to be bound by, its terms. ChemQuiz.net may assign its rights under these Terms of Service without condition. These Terms of Service will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Survival of Terms. These Terms continue to apply, even after you close your account or cease using the Service.