Terms of Service | Guruza | Fast Answers by Experts

Guruza Terms of Service

This agreement (the "Agreement") is entered into by and between you ("you") and One Room Software, Inc. regarding your use of the Guruza service (the "Service"). When you create an account, you enter into the Agreement with One Room Software, Inc. and are bound by these terms and conditions, which may be updated by us from time to time without notice to you.

(a) Lawful Use.: You agree to use the Service in a lawful manner as required by local, state, national and international laws, rules and regulations. You agree to not submit content, including answers, questions or other messages, which are unlawful, defamatory, harassing, abusive, fraudulent, and obscene, contain viruses, intended to advertise or sell goods or services, intended to elicit a response to illegal activity, violate intellectual property rights, or are otherwise objectionable.
(b) Intellectual Property Rights.: You agree to not sell, use reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute questions or messages from the Service for any public or commercial use without express written permission from One Room Software, Inc.
(c) Availability of the Service.: One Room Software, Inc. makes no warranty for the availability of the Service. From time to time, One Room Software, Inc. may modify or make the Service unavailable for any given length of time. You agree that One Room Software, Inc. will not be liable to you or any third party for such unavailability or modification.

(a) Third Party Content.: One Room Software, Inc. may not screen, filter, monitor nor edit or modify the content of questions or messages in advance of initially posting or displaying such content on the Service. One Room Software, Inc. takes no responsibility for third party content, nor does One Room Software, Inc. have any obligation to monitor such third party content. One Room Software, Inc. reserves the right not to respond to or use questions or messages that violate the foregoing conditions. One Room Software may edit, modify or remove questions or messages, in whole or in part, from the Service at any time for any reason. One Room Software reserves the option to exercise its rights under this Agreement and any failure by One Room Software to exercise such rights shall not be deemed a waiver of those rights.
(b) Use of Service.: One Room Software, Inc. reserves the right to refuse service to anyone at any time without notice and for any reason.

(a) Use of information: You agree that the content generated by the Service is not professional advice, including but not limited to legal, medical, tax, accounting, psychiatric or psychological advice. You agree that the applicability of content may vary based on geography. You agree that the content is intended as general information, and that individual circumstances vary. You agree to hold harmless One Room Software, Inc. for any content generated by the Service.
(b) Confidentiality.: Nothing contained herein shall be construed as creating a confidential relationship between you and any other user of the Service, nor between One Room Software, Inc. and any user of the Service. One Room Software, Inc. shall have the perpetual, world-wide, royalty-free, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute your questions and/or messages without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sub-license such rights. One Room Software, Inc. will not, however, publicly disclose your nickname, questions or messages in a manner that directly associates them with you (except where you include personally identifiable information in your nickname, a question or message and such nickname, question or message is Used by One Room Software, Inc. as provided).
(c) Warranty of Information.: One Room Software, Inc. does not warrant that the content generated by the Service is accurate, correct, complete or otherwise valid. One Room Software, Inc. does not endorse and disclaims liability for any vendor, service, service provider or distributor which may be a part of content generated by the Service. The content generated by the Service is presented "as is" with no warranty of any kind. You rely on the content generated at your own risk. The content generated by the Service is provided by and is the responsibility of the person posting the content. One Room Software, Inc. and researchers expressly disclaim any warranty, express or implied, regarding the service, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement.

4. Payment Terms.

By clicking the link labeled "[user nickname] Answered my Question!", you agree to pay the reward associated with your conversation to that user. You agree that this payment will be transacted with PayPal ©, and that you will create a PayPal © account if necessary. Your account will be credited for questions that other users declare you to be the best answer only when payment is successfully received from the user the asked the question and designated your answer as being the best. One Room Software, Inc. is not responsible for payment on behalf of users that designate an answer as the best, but do not successfully remit payment to One Room Software, Inc. When you use the "cash out" feature, One Room Software, Inc. will transfer payment equal to 80% of your account balance, rounded up to the nearest cent. Payment will be delivered to your email address via PayPal ©. You will be required to claim the funds transferred by navigating to PayPal © via the link provided in the email. One Room Software, Inc. is not liable for any malfunction, action or inaction on the part of the PayPal © service. One Room Software, Inc. will make its best effort to send payment within twenty-four hours of the your use the "cash out" feature, but will not be held liable for any interest based on payment received later than twenty-four hours after you use the "cash out" feature. One Room Software, Inc. will not be liable for any delay in transferring funds. You shall also pay any taxes imposed by governmental agencies of whatever kind and imposed with respect to all transactions under the Agreement, including penalties and interest (if any). When One Room Software, Inc. has the legal obligation to pay or collect such taxes, the appropriate amount shall be billed to and paid by you. Delinquent payments shall bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by One Room Software, Inc. in collecting unpaid or delinquent amounts. All payments due are in U.S. dollars unless otherwise agreed by One Room Software, Inc. in writing.

5. Refund Policy.

You may request a refund for any question fees by submitting a request and the reason for your request to One Room Software, Inc. You agree to submit this request as described in the then-current FAQ for the Service.

6. Limitation of Liability.

One Room Software, Inc. will not be liable to any user, for any amount of damages, including but not limited to consequential, indirect, incidental, special or exemplary damages arising out of use of the Service regardless of whether One Room Software, Inc. has been advised of the possibility of such damages. Your sole and exclusive remedy shall be a refund of actual fees paid by you to One Room Software, Inc. For any instance of the use of services that gives rise to a claim.

8. Hold Harmless and Indemnity.

You agree to indemnify and hold One Room Software, Inc. and its agents, subsidiaries, partners, affiliates, employees, officers and licensors harmless from any claim or demand, including reasonable attorneys' fees, losses, or damages (actual and consequential) made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

9. Release and Waiver.

Within the acceptable boundaries of the law, by agreeing to these terms you release and waive all claims which arise from use of the service against One Room Software, Inc., its subsidiaries, agents and employees from any and all claims for damages of any kind, costs and expenses of any kind. California residents waive your known and unknown rights under California Civil Code § 1542:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

If you are not a resident of California, you hereby waive your rights under similar statutes, laws or regulations if such exist.

10. No Assignment.

You shall not assign this Agreement without the express, prior written consent of One Room Software, Inc. Any assignment or attempted assignment of any rights or obligations without such written consent is voidable by One Room Software, Inc.

11. Relationship of the Parties.

Nothing contained herein shall be construed to create a relationship between you and One Room Software, Inc. other than as an independent contractor. Nothing contained herein shall be construed to make you an agent, employee, officer, employer of One Room Software, Inc.

12. Arbitration.

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in San Francisco, California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, One Room Software, Inc. may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

13. Severability.

If any portion of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not make this agreement and other provisions void and only that portion shall be stricken and superceded by the provision most closely reflecting the intent of the original provision and this Agreement.

14. Waiver of Rights.

Nothing contained herein shall be construed to waive any of One Room Software, Inc.'s rights, nor shall One Room Software, Inc.'s failure to act on any rights be deemed a waiver of such rights.

15. Miscellaneous

The section headings of this Agreement are for reference purposes only and shall not affect the terms of this Agreement. You agree to these terms after careful consideration, and in the event of a future ambiguity, it shall not be construed against One Room Software, Inc. as the proponent of this Agreement. This agreement shall be governed according to California law. All references to gender and number are to be read as interchangeable and shall have no affect on the validity of this Agreement.