ChaCha reserves the right to change the Terms under which the Site and the Services are offered in its sole and absolute discretion at any time without notice. It is your responsibility to review these Terms for any changes each time that you use the Site or the Services. All changes to the Terms are effective from the date posted. Unless otherwise amended these Terms shall apply to any modified version or upgrade of the Site or the Services.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. PLEASE NOTE THAT CHACHA DOES NOT PROVIDE WARRANTIES FOR THE SITE OR THE SERVICES. THESE TERMS ALSO LIMIT CHACHA’S LIABILITY, AS FURTHER SET FORTH IN SECTIONS 5 AND 6. PLEASE READ THEM CAREFULLY.
- Description of the Site and the Services
Standard telecommunication rates, text messaging rates, and other rates may also apply depending on your telecommunications provider and service plan. Please check your plan or call your telecommunications provider to be sure of all costs associated with the use of your wireless device.
You can gain access to the Services by using a ChaCha application. Your access to the Site and the Services may be restricted or limited by ChaCha or by your telecommunications provider and service plan. You may elect to receive questions from other users of the Site or the Services (“User Queries”). ChaCha is not in any manner legally responsible for any content provided, or actions taken, by other users of the Site or the Services, including any content or actions which may be taken as offensive, defamatory, harassing, fraudulent, inaccurate, or otherwise objectionable. You may filter User Queries based on settings in Your profile but ChaCha makes no warranties that such filtered User Queries will not contain content which may be taken as offensive, defamatory, harassing, fraudulent, inaccurate, or otherwise objectionable.
The Site and the Services contain links to third party web sites or programs that are not controlled by ChaCha. ChaCha is not responsible for the content, offers or privacy policies of such sites and programs, including, without limitation, your redemption of such offers or a merchant’s refusal to honor any offer. Your dealings with third parties are solely between you and the applicable third party.
- Limited use of the Site and the Services
Although ChaCha hopes you will find the information that you obtain via the Site or the Services to be useful, ChaCha does not guarantee that the information will (a) be accurate, complete or useful in any way whatsoever, (b) include all of the information available relating to a topic or query, or (c) satisfactorily address your query. Information provided by the Site or the Services is not and cannot be used as a substitute for the advice of a qualified doctor, psychiatrist, psychologist, accountant, attorney, financial analyst, or other professional. Accordingly, if you need advice regarding a regulated or specialized field or industry, you must seek a professional who is licensed, qualified or knowledgeable in that area. The Guides who assist ChaCha in providing the Site and the Services are independent contractors that operate under a separate agreement with ChaCha. ChaCha is not in any manner legally responsible for any content provided, or actions taken, by Guides, including any content or actions which may be taken as offensive, defamatory, harassing, fraudulent, inaccurate, or otherwise objectionable. You may report any concerns to ChaCha by use of the Contact link provided herein, as well as the Contact link located on the ChaCha homepage. Your use of the Site and the Services, including any communication by, with or to ChaCha, may be recorded. By using the Site and the Services, you consent to such recording.
The Site and the Services are provided on an “as-is” basis and should not be relied upon for any purposes whatsoever. No commercial use or use that could be construed as commercial use is permitted without the express written consent of ChaCha. Any rights not expressly granted under these Terms are reserved by ChaCha. ChaCha grants you a personal, nonexclusive ability to use the Site and the Services only as authorized in these Terms.
You may use the Site and the Services only for legal and appropriate uses. ChaCha reserves the right to make changes to the Site and the Services at any time and without notice. Your access to and use of the Site and the Services is completely at the discretion of ChaCha, and your access to and use of the Site and the Services may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for prolonged inactivity or for any violation of the following rules:
- You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Site and the Services, and with all applicable copyright, trademark, or other intellectual property rights laws.
- You may not submit queries that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, or are otherwise objectionable.
- You may not submit queries that are designed to elicit responses that relate to illegal activity or that infringe upon another party’s intellectual property rights.
- You may not allow anyone else to use the Site or the Services who does not agree to these Terms.
- You may not submit queries to any of the Site or the Services using automated means without the prior express written consent of ChaCha.
- You may not sell, use, transfer, reproduce, modify, edit, publish, perform, display, post, transmit or distribute the transcript of any communication that you may have in connection with your use of the Site or the Services without the written permission of ChaCha.
- You may not upload, post, email, transmit or otherwise make available any content which infringes any trademark, patent, copyright or trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content.
- You may not disrupt the operation of the Site or the Services or intimidate, harass, or intentionally offend the Guides.
- You may not use the Site or the Services for commercial purposes.
- You may not interfere or attempt to interfere with the Site or the Services or another person’s use of the Site or the Services by use of any program, script, command, device, software, routine, or otherwise. This includes, but is not limited to attempts to overload the Site or the Services or to excessively burden ChaCha’s resources.
- You may not use the Site or the Services if ChaCha finds such use is no longer commercially feasible.
- You may not attempt to gain unauthorized access to any portion or feature of the Site or the Services, by hacking, password “mining” or any other illegitimate means.
- You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents your identity or affiliation with another person or entity.
- You may not submit content which falsely expresses or implies that such content is sponsored or endorsed by ChaCha.
- You may not embed any page of the Site in “frames” running from other websites.
- You may not mirror the Site and the Services on any website or server.
- You may not remove any copyright, trademark or other proprietary rights notices contained in or on the Site or the Services.
- Your access to the Site is restricted to conventional non-accelerated browsers. So-called “web-accelerator” products such as NetJet, NetSonic, MSIECrawler, or Teleport Pro are not permitted.
- You may not transmit any worms, Trojan Horses, viruses, defects, or any items of a destructive nature.
- Robots and crawlers must follow the robot guidelines found at http://www.robotstxt.org/wc/robots.html. Robots that ignore the guidelines may be excluded from the Site and the Services.
When you visit the Site, use the Services, or contact ChaCha by other means, you consent to receive communications from ChaCha. ChaCha may contact you electronically or by other means ChaCha chooses, and ChaCha may contact you at any place that ChaCha may locate you. You agree that all agreements, notices, disclosures, and other communications that ChaCha provides to you via text message, email, or other form of electronic communication shall satisfy any legal requirement that such communications be in writing.
The CAN-SPAM act, state and federal Do-Not-Call registries, and the Telephone Consumer Privacy Act of 1991 exist to prevent unsolicited telemarketing calls and the use of automatic dialing machines to call wireless devices, not to prevent such calls to persons who have requested to be contacted. Under Federal rules and those of most states, “safe harbors” exist to allow a consumer to expressly grant permission to be contacted even though they have registered their phone number with a state or federal Do-Not-Call registry. By accepting these Terms and submitting a query or request to ChaCha via app, or internet, you expressly agree that we may send a response to your queries to your wireless device or email via an SMS text message or email or WAP Push Message or MMS message. You are granting express permission to receive our response even if you are registered on a Do-Not-Call registry. You expressly agree that, as part of the Site and the Services provided by ChaCha, you may receive promotional communications, alerts, and third party advertising materials from ChaCha via the Services.
If you need help in connection with your use of the Site and the Services, you may email email@example.com.
Unintended parties may receive communications which are directed to ChaCha by you or which are directed to you by ChaCha. ChaCha is not responsible for any communications which are lost, intercepted or misdirected. Your telephone number and communications may be intercepted by third parties without your or ChaCha’s knowledge or permission. ChaCha is not responsible for information sent using text, voice, or other communication services.
In connection with your use of the Site or the Services, you may be required to register with ChaCha by providing certain personally identifiable information about yourself, including, but not limited to, your name, age, gender, zip code, email address and mobile telephone number. In consideration for ChaCha granting you access to the Site or the Services, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and as necessary for ChaCha’s provision of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, not current or incomplete, or if ChaCha has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, ChaCha has the absolute right to suspend or terminate your use of the Site or the Services at any time and refuse you any and all current or future use of the Site or the Services. You may receive a registration key/password in order to access the Site or the Services. You are solely responsible for maintaining the confidentiality of the registration key/password, and are solely responsible for all activities that occur under your registration key/password, and ChaCha may rely upon the authority of anyone using your account or password. In the event that the confidentiality of your account or password is compromised in any manner, you should notify ChaCha immediately. ChaCha reserves the right to take any and all action it deems necessary to ensure the integrity of the Site, the Services and your account, including but not limited to terminating your account, changing your password, or requesting additional information in order to access your account. In no event and under no circumstances will ChaCha be held liable to you for any liability or damages resulting or arising from any action or inaction of ChaCha under this provision, any compromise of the confidentiality of your account or password, and any unauthorized access to your account or use of your password. Any unauthorized use of the Site or the Services will terminate any permission or license granted under these Terms and may violate applicable laws and statutes including trademark laws, copyright laws, and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Site or the Services.
- Intellectual Property
CHACHA, the CHACHA logo, as well as other trademarks and logos and other names of ChaCha’s products and services referenced on the Site or the Services are exclusively owned by ChaCha. All other products, services, and company names mentioned on the Site or the Services are the trademarks of their respective owners. By placing them on the Site or within the Services, ChaCha does not grant to you any license or other authorization to copy, reproduce, or use the trademarks or logos, except as provided herein.
If you believe that any material on the Site infringes on any copyright that you own or control, please follow the procedures outlined in our Notice to Copyright Owners. ChaCha is the owner, licensee, or assignee of all legal right, title and interest in and to the Site and the Services, including any intellectual property relating to the Site and the Services which may include any registered or unregistered rights or any patent pending technology.
- Disclaimer of Warranties
- Limitation of Liability
NEITHER CHACHA, NOR ANY OF CHACHA’S GUIDES, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “CHACHA ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF CHACHA OR A CHACHA ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH CHACHA OR ANY CHACHA ASSOCIATE IS TO STOP USING THE SITE OR THE SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT CHACHA’S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED FIVE DOLLARS ($5.00).
THE SITE AND THE SERVICES ARE CONTROLLED, OPERATED AND ADMINISTERED BY CHACHA FROM ITS OFFICES WITHIN THE UNITED STATES. CHACHA MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE OR THE SERVICES IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE OR THE SERVICES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND CHACHA ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CHACHA AND THE CHACHA ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS’ FEES, ARISING IN CONNECTION WITH USE OF THE SITE AND THE SERVICES BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN CHACHA AND YOU.
- Dispute Resolution
You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. ChaCha shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
These Terms, including any documents referenced herein, represent the entire understanding between you and ChaCha regarding your relationship with ChaCha and your use of the Site and the Services. These Terms shall not be construed against any party by reason of their preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and ChaCha with respect to such subject matter. Where ChaCha has provided you with a translation of an English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with ChaCha. If there is any contradiction between what the English language version of the Terms say and what a translation says, the English language version shall take precedence. Notwithstanding any provisions of these Terms, ChaCha has available all remedies at law or equity to enforce these Terms.
Last Updated: June 10, 2014