Your use of the MrNoggin.com site (the “Site”) and the services and features we offer (the “Services”) is governed by and subject to these Terms of Service. By using the Site and Services, you are deemed to accept and be bound by these Terms of Service. If you do not accept these Terms of Service, please discontinue using the Site and Services. These Terms of Service may change from time to time, without any notice other than posting on the relevant page. Your continued use of the Site and Services following our posting of changes constitutes your acceptance of any such changes. Please check this page from time to time for current Terms of Service.
Your License to Access Content on Our Sites
All right, title and interest to the content displayed on the Site, including but not limited to the Site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of MrNoggin, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You are granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser for non-commercial use only. You are not granted any other license or right (including by implication, by estoppel or otherwise), with respect to the Site, Services, or any content accessible through the Site or Services. Any rights not expressly granted in these Terms of Service are reserved by MrNoggin.
In your use of the Site and Services, you agree to comply with all applicable laws including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
You may not:
• Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
• Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
• Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to our Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• Modify the Services in any manner or form, or use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services;
• Reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of MrNoggin;
• Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
• Access the Site or Services by any means other than through the interface that is provided by MrNoggin;
• Collect or store personal data about other users of the Site or Services;
• Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
• Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
Community Registration and Public Profile
When appropriate, to access the Site and submit questions or search queries, you do not need to register. If you wish to use the Community feature, you must join the Community, and create a Community user profile by providing a user name and email address. Once you have registered, you will have a public profile and your user name will be displayed with all your questions, answers and comments posted on the Community service , which will be searchable on the web. In selecting a user name, you agree that you will not (i) select or use a name of another person with the intent to impersonate that person, or a name incorporating the trademark of a third party; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a name that is illegal, infringing, or offensive to people of ordinary sensitivities. If you choose an avatar or image for your profile, that avatar or image will also be published in connection with your questions, answers and comments. You may not post an image that is illegal, infringing, or offensive to people of ordinary sensitivities. Your user name and avatar must comply with the Community Guidelines.
The Community service is not intended for children under 13 years of age, and you may not register for the Community feature or create a user profile if you are under 13.
Questions and answers from the Community will be communicated to you via email and via posting on the Site. By providing your email address to us, you agree that we can send you email communications in connection with the Community service. If you opt in to receiving the MrNoggin newsletter, we will also send you emails with news and updates about MrNoggin products and services. You can choose at any time to no longer receive emails in connection with the Community service, or to tailor your email frequency settings through your profile page. If you limit or block emails, you will have to consult the Community pages to find out whether a member has answered your question.
If you choose to forward content from the Site via email, you agree that you will forward such content only to willing recipients known to you and that you will not use the Services for engaging in spam or other unauthorized conduct.
Password and Security
You must submit a password to set up and access your Community profile when enabled on the Site. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your password or profile. We may offer users the ability to remain logged into their profile for two weeks (even if they restart their browser). If you do not log out of your profile periodically, there is a risk of session hijacking by a third party. In addition, if you are using a public or shared computer, we recommend that you log out of your profile at the end of each session; otherwise, a subsequent user of the computer could access the Community under your account and impersonate you. You agree to notify MrNoggin immediately of any unauthorized use of your password or profile or any other breach of security. MrNoggin will not be liable for any loss or damage arising from a third party accessing or using your profile.
Questions, Answers and Other Content
All questions, answers and comments you post through the Community service (“Community Content”) will be available publicly. Please do not submit Community Content unless you understand that it will be available publicly. You should not assume that you are anonymous online and cannot be identified by or from your Community Content. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Community Content. You agree that all of your Community Content will comply with the requirements of these Terms of Service and the Community Guidelines. MrNoggin does not pre-screen Community Content, but will allow Community members to flag Community Content for review and moderation. MrNoggin reserves the right (but does not have the obligation) to remove or edit, at any time and without notice to the user who posted it, any Community Content that is inappropriate or otherwise does not meet the Community Guidelines. You will indemnify MrNoggin and its affiliates for all claims resulting from the Community Content you post to the Site.
License to MrNoggin to Use Questions, Answers and Comments You Submit
If you post or submit questions, answers, comments, feedback or any other content, and/or submit votes or flags for moderation (“Postings”), you agree that MrNoggin may copy, distribute, display, publish, modify or translate your Postings for any purpose and in any medium worldwide (including incorporating answers into MrNoggin answer databases or any other MrNoggin property, product or service) without any obligation to compensate you or any other third party in any way for any such use. Such license that you are granting MrNoggin is royalty-free, perpetual, irrevocable and sub-licensable (which means MrNoggin may grant other parties rights to use the content of your Postings).
You agree not to use the Services to:
• Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically, or otherwise objectionable;
• Harm or threaten to harm anyone in any way;
• “Stalk” or otherwise harass any other person or entity;
• Impersonate any person or entity (including an MrNoggin agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Disseminate or transmit any content that (i) violates any law (whether local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent or other proprietary right (including, but not limited to, using third party copyrighted materials or trademarks without appropriate permission or attribution), or (iii) includes third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
• Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; or post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Manipulate identifiers in order to disguise the origin of any question, answer or comment you post on the Site; or
• Post any content that would violate the personal privacy rights of others, including but not limited to revealing personal or private information about others without their permission.
Use the Services at Your Own Risk
The Services includes links to other websites or resources. Because MrNoggin has no control over such sites and resources, you acknowledge and agree that MrNoggin is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which MrNoggin has no control and which will govern your rights and obligations with respect to the use of those websites.
To offer use of the Site and Services to its users for free, MrNoggin allows advertisers to display advertisements or promotional answers on the Site. Your dealings with advertisers and third party vendors found on or through the Services, including your participation in promotions, purchase of goods and services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party advertiser or vendor. MrNoggin does not make any representations or warranties with respect to any goods, services or websites that appear in advertisements or promotional answers, and you agree that MrNoggin will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, through advertisers and/or third party vendors.
MrNoggin does not control actions or content posted by its users through the Community service and does not guarantee the accuracy, integrity or quality of any Community Content. You acknowledge and agree that Community Content and any and all liability arising from Community Content is the sole responsibility of the user who posted the content, and not MrNoggin .
You understand that by using the Services, you may be exposed to content that is offensive, indecent or objectionable. In addition, if you rely on the accuracy, completeness, or usefulness of any linked third party websites or resources or any answer or comment posted by a Community member, you do so solely at your own risk. Under no circumstances will MrNoggin be liable in any way for such content, including, but not limited to, for any errors, omissions or misrepresentations in any linked third party website or Community Content, or for any loss or damage of any kind incurred by you as a result of your use of, or reliance on, any linked third party website or Community Content.
Modifications to the Services
MrNoggin reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that MrNoggin will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Termination of Your Access to the Services
You can terminate your Community account and delete your Community profile information at any time by sending a request through the Settings – Your Account page. We may terminate your account and deny you access to the Community service in our sole discretion due to your lack of use of the Community service or if we consider, in our sole discretion, that (i) certain questions, answers or comments you have posted are inappropriate and/or do not meet the Community Guidelines, (ii) your behavior within the Community does not meet our community standards or (iii) you have otherwise violated these Terms of Service. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that MrNoggin may immediately deactivate or delete your Community account and all related information and/or bar any further access to your account or the Services. If you use the Site or Services in violation of these Terms of Service, MrNoggin may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that MrNoggin shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
BY USING THE SITE AND SERVICES YOU UNDERSTAND AND AGREE THAT:
• THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. ASK IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITE.
• YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ASK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
• ASK MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE.
• ANY MATERIAL OBTAINED BY YOU THROUGH USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OR USE OF ANY THIRD PARTY SOFTWARE OR MATERIAL.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT ASK, ITS SUBSIDIARIES, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
1) THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES,
2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA,
4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE,
5) RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR
6) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT ASK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold MrNoggin , its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, resulting from or in any way connected with (a) Community Content or other content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site, (d) your violation of these Terms of Service or the Community Guidelines, or (e) your violation of any rights of another party.
Copyright and Trademark Protection
All contents of this Web site are: Copyright (c) 2014 MrNoggin All rights reserved. The MrNoggin logos, marks, product and service names that appear throughout the MrNoggin web site belong to MrNoggin and are protected by U.S. and international trademark laws. You agree not to display or use the MrNoggin in any manner without MrNoggin prior written permission. To seek permission to use any of the MrNoggin , please contact MrNoggin in writing at the following address:
You also acknowledge and agree to the copyright and trademark policy posted here.
Applicable Law and Disputes
These Terms of Service and the relationship between you and MrNoggin are governed by the laws of the State of California without regard to its conflict of law provisions. You and MrNoggin agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Ana, California.
Severability of These Terms of Service
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions contained in these Terms of Service shall continue in full force and effect.
Limitation of Actions Brought against MrNoggin
You agree that any claim or cause of action arising out of your use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by MrNoggin to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to these Terms of Service or our Site and Services, please see our Customer Support Page here or contact us by mail at:
Updated: January 8, 2014