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QUEST WEBSITE TERMS OF SERVICE

WELCOME TO QUESTORACLECOMMUNITY.ORG. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
ACCESSING, BROWSING OR OTHERWISE USING THIS SITE.

This Agreement was last updated on May 25, 2018.

 1.  Scope of Agreement This Web Site
     1. Terms of Use Agreement (the “Agreement”) is between you (“You” and
        “Your”) and Quest Oracle Community (“Quest”). This Agreement governs
        Your access to and use of this Web site (including without limitation,
        all Content (as defined herein), software, HTML and other code, and
        script forming a part of this Web site, Your ability to upload Content
        to the Web site, and all goods, services and transactions offered
        through this Web site, the “Site”). In addition to complying with the
        terms and conditions of this Agreement, You agree to comply with all
        additional terms and conditions governing the access to and use of
        specific areas of this Site which are incorporated into and made a part
        of this Agreement:
 2.  Binding Agreement
     1. BY ACCESSING OR USING THIS SITE IN ANY MANNER YOU ARE DEEMED TO HAVE
        READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES
        SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH
        OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT
        ACCESS OR USE THIS SITE IN ANY MANNER.
 3.  Use and Protection of Password and ID
     1. (a) Quest may assign a password and account ID to You so you can access
        and use certain areas of this Site. Each user who uses such password and
        ID will be deemed to be authorized to access and use this Site and Quest
        has no obligation to investigate the authorization or source of any such
        access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY
        RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE
        PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO
        AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT
        LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL
        OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT
        MAY RESULT FROM SUCH ACCESS OR USE.
     2. (b) You are solely responsible for protecting the security and
        confidentiality of the password and ID. You shall immediately notify
        Quest of any unauthorized use of the password or ID, or any other breach
        or threatened breach of this Site’s security.
 4.  Modification of the Site
     1. Quest may, at any time and in its sole discretion, modify, revise or
        otherwise change this Site (including without limitation adding or
        discontinuing any or all services or transactions offered through this
        Site), in whole or in part, without notice or liability to you.
 5.  Licenses
     1. (a) Subject to the terms and conditions of this Agreement, You are
        granted a limited, revocable, non-exclusive and non-transferable
        license, without the right to sublicense, to access and use this Site
        only for displaying this Site on Your Internet browser. Your access and
        use of this Site is further limited to non-commercial purposes only.
     2. (b) Except as permitted in the limited license set forth in paragraph
        (a), above, You shall not copy, reproduce, distribute, display, perform,
        sell, lease, transmit or create derivative works from this Site (in
        whole or in part) or translate, modify, reverse engineer, disassemble,
        or decompile this Site.
     3. (c) To the extent that the Quest grants You the right to upload content
        to the Site:
        1. Anything that You submit or post to the Site and/or to the Quest,
           including without limitation, text, video content, audio content,
           ideas, know-how, techniques, questions, comments, and suggestions
           (collectively, “Submissions”) is and will be treated as
           nonconfidential and nonproprietary. Quest shall have the
           non-exclusive, royalty-free, worldwide, perpetual and transferable
           right to use, copy, reproduce, distribute, display, perform, sell,
           lease, transmit or create derivative works from such Submissions by
           any means and in any form, and to translate, modify, reverse
           engineer, disassemble, or decompile such Submissions. All copies of
           Submissions shall automatically become the sole and exclusive
           property of Quest and shall not be returned to You. Quest has no
           obligation to include Your Submissions in its Site, and has the right
           to remove Submissions at any time for no reason whatsoever, without
           incurring any liability.
        2. You warrant and represent that you own or have the right to license
           the rights granted above; that you has full power and authority to
           enter into this agreement; and that the Submissions (i) do not
           violate or infringe the rights of any persons, including without
           limitation, rights in copyrights, patents, trademarks, service marks,
           trade secrets, privacy rights, publicity rights, and other
           proprietary rights; (ii) are not libelous, threatening, defamatory,
           obscene, indecent, pornographic, or could give rise to any civil or
           criminal liability under U.S. or international law; and (iii) do not
           include bugs, viruses, worms, trap doors, Trojan horses or other
           harmful code or properties.
 6.  Availability and Use of Site
     1. The availability of this Site depends on many factors, including some
        factors that are beyond Quest’s control, such as Your connection to the
        Internet and the Internet backbone. Quest shall not be liable to You if
        You cannot use this Site for any reason.
 7.  Termination; Effect of Termination
     1. (a) In addition to any other legal or equitable remedies, Quest may,
        without prior notice to You, immediately terminate this Agreement or
        revoke any or all of Your rights granted under this Agreement. You may
        terminate this Agreement by contacting Quest at e-mail to
        quest@questoraclecommunity.org or by regular mail to 2365 Harrodsburg
        Road, Suite A325, Lexington, KY 40504.
     2. (b) Upon any termination of this Agreement, You shall immediately cease
        all access to and use of this Site and Quest shall, in addition to any
        other legal or equitable remedies, immediately revoke all password(s)
        and account ID(s) issued to You and deny Your access to and use of this
        Site in whole or in part. Any termination of this Agreement shall not
        affect the respective rights and obligations (including without
        limitation payment obligations) of the parties arising before the date
        of termination. The provisions of Sections 5(b), 5(c), 5(d), 8, 12, 13,
        17, 18 and 20 shall survive the termination of this Agreement.
 8.  Intellectual Property
     1. (a) U.S. and international copyright, trademark and other intellectual
        and proprietary laws protect this Site, and any unauthorized access to
        or use of this Site may violate such laws. Quest shall aggressively
        enforce its intellectual and proprietary rights to the fullest extent of
        the law.
     2. (b) All information and data that is part of this Site, including
        without limitation, text, graphics, photos, illustrations, images, video
        and audio clips (collectively, “Content”) and all trademarks, service
        marks, trade dress, logos and tag lines displayed on this Site
        (collectively, the “Marks”) are the sole and exclusive property of Quest
        or third parties. You are not granted any right or license, either
        express or implied, in any copyright, trademark, service mark, trade
        dress, logo, tag line, patent, trade secret, right of publicity or other
        intellectual property or proprietary right of Quest or any of the
        goodwill associated with any of the foregoing. To the extent that You
        use any copyright, trademark, service mark, trade dress, logo, tag line,
        patent, trade secret, right of publicity or other intellectual or
        proprietary right of Quest, such use and all goodwill associated
        therewith shall inure solely and exclusively to the benefit of Quest.
     3. (c) You shall not remove any copyright, trademark, or other proprietary
        legends or notices that appear on, in or as part of this Site.
 9.  Notice of and Procedure for Copyright Infringement
     1. (a) Quest respects other’s intellectual property and proprietary rights.
        In accordance with the Digital Millennium Copyright Act, Quest has
        designated a Copyright Agent to receive notice of claims of alleged
        copyright infringement on the Site. If You believe that Your copyrighted
        material has been used or copied in a way that constitutes copyright
        infringement and such infringement is occurring on this Site or on sites
        linked to or from this Site, please send Quest’s Designated Agent a
        notice containing the following elements:
        1. An electronic or physical signature of the person authorized to act
           on behalf of the owner of the copyrighted work(s) that is/are alleged
           to have been infringed;
        2. A description of the copyrighted work(s) that you claim is/are
           infringing and the location where the original or an authorized copy
           of the copyrighted work(s) exists/exist (for example, the URL of Web
           site where the copyrighted work(s) is/are lawfully published; the
           name, edition and page(s) of a book, etc.);
        3. A description of where the material that You claim is/are infringing
           is/are located on this Site, including the URL, so that Quest can
           locate the material;
        4. Your address, telephone number and email address;
        5. A statement that You have a good faith belief that the use of the
           material identified in the notice is not authorized by the copyright
           owner, its agent, or applicable law; and
        6. A statement by You, under penalty of perjury, that the above
           information is accurate and that You are the copyright owner or are
           authorized to act on behalf of the copyright owner.
     2. (b) Send the notice containing the above information to the following
        Designated Agent:
        1. Name of Designated Agent: Executive Director, Quest International
           Users Group
        2. Mailing Address: 2365 Harrodsburg Road, Suite A325, Lexington, KY
           40504
        3. Telephone number: 800-225-0517
        4. Fax number: 859-226-4321
        5. E-mail Address: quest@questoraclecommunity.org
 10. Links to Other Internet Sites This Site may contain links to Internet sites
     owned, operated or maintained by third parties not under Quest’s control.
     These links are provided for Your convenience of reference only. Such links
     are not and shall not be deemed to be Quest’s endorsement of the
     organization or individual associated with the linked site. You assume sole
     responsibility and liability for Your use of such linked sites.
 11. Links to this Site
     1. You must obtain Quest’s prior written consent to post any link(s) to
        this Site.
 12. Warranty Disclaimer; Limitation of Liability
     1. (a) ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS”
        AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES
        OR TYPOGRAPHICAL ERRORS. QUEST DOES NOT WARRANT THAT THE CONTENT,
        INCLUDING YOUR SUBMISSIONS OR THE SUBMISSIONS OF ANY OTHER USER OR
        PARTY, WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DISCLAIMS ANY AND
        ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
        WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
        FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA
        ACCURACY AND SYSTEM INTEGRATION.
     2. (b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
        QUEST, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR
        RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR
        PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL
        DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
        REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH
        DAMAGES WERE FORESEEABLE AND EVEN IF QUEST HAD BEEN ADVISED OF THE
        POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. TO THE MAXIMUM EXTENT
        PERMITTED BY APPLICABLE LAW, QUEST SHALL HAVE NO LIABILITY WHATSOEVER TO
        YOU FOR ANY DAMAGES ARISING FROM SUBMISSIONS FROM YOU OR FROM ANY OTHER
        USER OF THE SITE.
     3. (c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUEST’S TOTAL
        LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION,
        WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE)
        SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY
        YOU TO COMPANY FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY
        GIVING RISE TO QUEST’S LIABILITY.
 13. Indemnity
     1. You agree to indemnify, defend and hold harmless Quest, its parent,
        subsidiaries, affiliates, and their respective officers, directors,
        shareholders, employees and agents, and all of their respective
        successors and assigns, from and against any and all claims,
        liabilities, expenses (including attorneys’ fees) and damages arising
        out of claims resulting from Your access or connection to, or use of
        this Site, including without limitation claims arising out of
        information or content submitted to this Site by You, Your violation of
        a third party’s intellectual property or other rights, or any claims
        alleging facts that if true would constitute a breach by You of the
        terms and conditions of this Agreement. Quest reserves the right to
        assume the exclusive defense and control of any matter otherwise subject
        to indemnification by You, and in such case, You agree to cooperate with
        Quest’s defense of such claims.
 14. Relationship of Parties
     1. You acknowledge that no joint venture, partnership, employment, or
        agency relationship exists between You and Quest as a result of this
        Agreement or any use of this Site. You agree not to hold Yourself out as
        a representative, agent, or employee of Quest and Quest shall not be
        liable for any representation, act or omission by You to the contrary.
 15. Assignment
     1. You shall not assign or otherwise transfer this Agreement or assign,
        delegate or otherwise transfer any of Your rights, interests or
        obligations under this Agreement and any such assignment, delegation or
        other transfer shall be void. This Agreement shall inure to the benefit
        of Quest’s successors, assigns and licensees.
 16. Injunctive Relief; Remedies
     1. (a) You agree that Quest’s remedy at law for any actual or threatened
        breach of this Agreement would be inadequate and that Quest shall be
        entitled to specific performance or injunctive relief, or both, in
        addition to any damages that Quest may be legally entitled to recover,
        together with reasonable expenses of any form of dispute resolution,
        including but not limited to attorneys’ fees.
     2. (b) All rights and remedies granted to Quest under this Agreement are
        cumulative and not alternative, and are in addition to all other rights
        and remedies available to Quest at law or in equity.
 17. Governing Law and Jurisdiction; Limit on Commencing Actions
     1. (a) This Agreement is governed by the laws of the Commonwealth of
        Kentucky, U.S.A. without regard to the conflicts of laws principles
        thereof. You consent to the exclusive jurisdiction and venue of the
        state and federal courts in Lexington, Kentucky U.S.A. in all disputes
        arising out of or relating to the use of this Site.
     2. (b) You must commence any cause of action or claim against Quest within
        one (1) year after the cause of action or claim arises, otherwise You
        agree that Your cause of action or claim shall be barred.
 18. International Access
     1. This Site can be accessed from countries other than the United States.
        This Site may contain products or services, or references to products or
        services, that are not available outside of the United States. Any such
        references do not imply that such products or services will be made
        available outside the United States. If You access and use this Site
        outside the United States You are responsible for complying with Your
        local laws and regulations.
 19. Contact Information
     1. Please send any questions or comments (including all inquiries unrelated
        to copyright infringement) regarding this Site by e-mail
        to quest@questoraclecommunity.org or by regular mail to 2365 Harrodsburg
        Road, Suite A325, Lexington, KY 40504.
 20. Reservation of Rights
     1. Quest reserves to itself any and all rights not expressly granted
        herein.

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