Privacy Policy

Questions & Solutions Engineering, Inc., a Minnesota corporation (“Questions & Solutions Engineering”), is committed to protecting the privacy of your information. Questions & Solutions Engineering believes it is a good business practice to disclose to you how your personal information and use of and activity on www.QSEng.com may be used. As a user of the Questions & Solutions Engineering website, and its subpages and content (collectively, the “Site”) or the services or products (collectively, the “Services”) provided by Questions & Solutions Engineering, this Privacy Policy is intended to describe in a straight-forward and easily understandable manner:

The information Questions & Solutions Engineering may collect about you;
How the information may be used;
With whom the information may be shared;
How you may update the information you provide to Questions & Solutions Engineering;
How you may contact Questions & Solutions Engineering; and
Your choices about the use and disclosure of your information.

By using the Site or Services, you accept and acknowledge that you are bound by this Privacy Policy. Accordingly, Questions & Solutions Engineering encourages you to read this Privacy Policy carefully. If you have questions or concerns regarding this Privacy Policy, please feel welcome to contact Questions & Solutions Engineering through the Site. Alternatively, you can also e-mail or send mail to Questions & Solutions Engineering using the contact information at the end of this Privacy Policy.

Information Collected

Questions & Solutions Engineering collects information about you so it can continue to provide and improve the Services to you and other users of the Site. The information collected may include items, such as your name, e-mail address, address, phone number, facsimile number, business size, and industry type, as well as other information that may include nonpublic personal information of your members and customers. The information collected on the Site may be stored at servers, computers, or other media located within the United States.

Third-Party Sources

Questions & Solutions Engineering may obtain personal and non-personal information about you from third-party sources. Such information may be utilized, analyzed, or compared with information that Questions & Solutions Engineering has collected from you or that you have submitted to the Site. To the extent Questions & Solutions Engineering obtains information from third-party sources, it assumes that third parties have lawfully obtained and provided the information. To the extent third parties have unlawfully obtained or provided information, you understand, agree, and acknowledge that your sole legal remedy is against the third party that engaged in the unlawful activity and that you will not assert any cause of action, claim, or demand against Questions & Solutions Engineering.

Information Collection Technology

Questions & Solutions Engineering may use various technologies to collect information from your computer or device about your activities on the Site. Questions & Solutions Engineering may collect and store non-personally identifying information through website measurement and customization technologies that are commonly known as cookies, log files, clear gifs (commonly known as “web beacons”), and third parties to profile user activity and preferences. Technical and specification information about your browser and computer or device is automatically collected when you use or visit the Site. This information may include your Internet Protocol address, browser type, operating system, access time, the content of previously accepted “cookies” from Questions & Solutions Engineering, and the website address that referred you to the Site.

A cookie is data stored on your computer or device that tracks non-personal information about you. Questions & Solutions Engineering may assign your computer or device one or more cookies that enable it to improve the quality of the Services and to personalize your experience. Cookies allow for the automatic collection of information about your activity on the Site, such as the content you access while on the Site, the links you click, and other activity you conduct while using the Site. You may choose to modify your web browser’s setting to disable cookies or limit their use. If you choose to disable or limit cookies, you are still able to access the Site, but you may be unable to use all features.

The Site may contain web beacons, clear gifs, or similar technologies that gather non-personally identifiable information about your use. Such technology may also be contained in e-mail messages or newsletters from Questions & Solutions Engineering that allow for the determination of whether messages have been accessed. The purpose of such technology is so that Questions & Solutions Engineering may analyze the effectiveness of its marketing efforts, the quality of the Site, and the Services.

Personal Information about Users under Eighteen Years of Age Not Collected

The Site is meant for adults and those who have reached the age of majority as defined by the laws of their domicile. The Site is not meant for individuals under the age of eighteen (18) or those defined by the laws of their domicile as minors. Nonetheless, this Privacy Policy is still designed to comply with the Children’s Online Privacy Protection Act (“COPPA”), to the extent COPPA applies to Questions & Solutions Engineering. Accordingly, Questions & Solutions Engineering does not knowingly collect or retain any personal information about users under the age of thirteen (13). If Questions & Solutions Engineering obtains actual knowledge that it collected or retained personal information about a child under the age of thirteen (13), the information will be promptly deleted from its database, servers, and all other media. Because Questions & Solutions Engineering does not collect information from users under thirteen (13) years old, no such information is disclosed to third parties.

Information Others May Collect

To enhance security and promote operational efficiency, the Site utilizes the resources of hosting facilities and other service providers that are controlled by third parties. Questions & Solutions Engineeringis unable to provide any guarantees or warranties about these third parties’ retention or usage of your information. If you have further questions or concerns about this issue, please contact Questions & Solutions Engineeringusing the contact information at the end of this Privacy Policy.

Information Use and Sharing

If Questions & Solutions Engineering has entered into a contract with you regarding the use and sharing of provided information, the contract will control over any inconsistent terms in this Privacy Policy. To the extent not otherwise limited by contract or law, Questions & Solutions Engineering may use or share information in a number of ways, including, but not limited to, the following:

Providing you with products or services, whether from Questions & Solutions Engineering, or any affiliates or sponsors;
Providing you with customized content, advertising, and services that it reasonably believes will also be of interest to you;
Providing technical or customer support;
Performing research and analysis to gauge the use of or interest in the products, services, or content offered on the Site, and to develop new services;
Communicating with you by e-mail, U.S. mail, telephone, text message, or mobile devices about products or services that may be of interest to you either from Questions & Solutions Engineering, any affiliates, sponsors, or other third parties;
Enforcing its terms and conditions, or otherwise managing its business; and
Performing functions as otherwise described to you at the time of collection.

In order to perform the Services, Questions & Solutions Engineering may publish certain information that you provide. For example, you agree that any testimonial feedback or other comments provided by you to Questions & Solutions Engineering will become the sole and exclusive property of Questions & Solutions Engineering and that such information may be used for any legally permissible purpose, including, but not limited to, marketing and advertising its services and products.

You acknowledge and agree that Questions & Solutions Engineering may also use and disclose your personal and non-personal information to public or private third parties: (1) for inspection by law enforcement officials (including in the case of potential criminal activity); (2) to respond to cease and desist letters, arbitration proceedings, legal actions and suits, criminal and civil subpoenas, or any court orders; (3) to enforce or apply the terms of this Privacy Policy or any other agreement between us; and (4) to protect the rights, property, or safety of Questions & Solutions Engineering, its users, or others, whether during or after the term of your use of the Services.

Communications from Questions & Solutions Engineering

While Questions & Solutions Engineering typically first asks that you “opt-in” to receive communication, such as through e-mail, newsletters, and telephone, there is a possibility that Questions & Solutions Engineering may use your information to communicate with you in absence of such election. You may opt out or unsubscribe to unsolicited marketing communications at any time. See the Opt-Out Provisions section below for applicable contact information and directions.

Your Information Will Not Be Sold

Questions & Solutions Engineering will not sell any information you submit to it to any other third party without prior written notice to you and an opportunity to opt-out.

Legal Process and Investigation Issues

From time to time, Questions & Solutions Engineeringmay be required to respondto a subpoena or similar investigative demand from law enforcement, a court order, a government agency, or a private litigant. Questions & Solutions Engineering reserves all rights to defend, within its sole discretion, against such legal requests, demands, and claims. For instance, Questions & Solutions Engineering may raise or waive legal objections or rights. Questions & Solutions Engineering also reserves the right to disclose your information when Questions & Solutions Engineering believes it is reasonably appropriate based on the situation. Such disclosure may include, but is not limited to, disclosing your information in connection with efforts to investigate, prevent, or commence other actions regarding suspected illegal activity or other wrongdoing; to protect; to defend the rights, property, or safety of its business, users, employees, or others; comply with applicable law or cooperate with law enforcement; or enforce other agreements or policies.

Notice about Social Security Numbers

Questions & Solutions Engineering does not collect social security numbers of users. To the extent Questions & Solutions Engineering comes into possession of social security numbers, or collects such information in the future, the information will be treated confidentially and not shared with third parties unless permitted or required by applicable law. Additionally, Questions & Solutions Engineering will take reasonable steps to limit the access to the social security numbers and take steps for securing the transmission of the data, as required by applicable law.

Links

The Site contains may contain links to other websites. Questions & Solutions Engineering disclaims any responsibility for the privacy practices of third parties that may have links to or from the Site, or any framed content on the Site. Questions & Solutions Engineering encourages you to review the privacy policies or statements of every website that you visit.

Opt-Out Provisions and Updating Your Information

Questions & Solutions Engineering values its users’ privacy and provides them with the option to “opt-out” of having their information used for purposes not directly related to the Site or use of the Site. If you wish to change your opt-out preference or update your information, you can opt-out by sending a written request or e-mail to Questions & Solutions Engineering, at the office or e-mail address listed at the end of this Privacy Policy.

Your request will generally be responded to within forty-eight (48) hours if your inquiry is via e-mail, or thirty (30) days if your inquiry is via U.S. mail.

Please note that changing your opt-out preference will only affect future activities or communications. In other words, if Questions & Solutions Engineering already provided your information to a third party before you changed your opt-out preferences, you will need to contact the third party directly. To opt-out of communications from any third-party business partners, if any, you should contact them directly.

Information Retention and Security

Questions & Solutions Engineering may store your information for more than one (1) year from the time of initial submission, as well as automated personal information it collects about you. However, if Questions & Solutions Engineering obtains or collects your credit card number, that information will only be stored for a limited time pursuant to your authorization unless the law requires otherwise.

Questions & Solutions Engineering takes reasonable security measures to protect users’ information against unauthorized access, loss, alteration, or destruction. Despite these reasonable measures, Questions & Solutions Engineering cannot guarantee its security measures are impenetrable. Although Questions & Solutions Engineering takes reasonable steps to secure your information, it cannot and does not promise or warrant that your information will always remain secure.

Visitors outside the United States

This Privacy Policy is intended to cover collection of information on the Site from visitors located within the United States. The laws in other countries may or may not be as comprehensive as those in the United States. If you are a resident of or located in another country, or are visiting the Site from outside the United States, you acknowledge and agree that your information may be transferred to, stored, and processed in the United States where Questions & Solutions Engineering’s servers are located and its central database is operated. You also acknowledge that your use of the Site and Services will be governed exclusively by the laws of the State of Minnesota, as if all transactions have taken place within the State of Minnesota. By using the Site, you acknowledge and agree that your information may be transferred to Questions & Solutions Engineering’s facilities and those third parties with whom Questions & Solutions Engineering shares it, as described in this Privacy Policy. If you are unwilling to accept these terms, then you agree that you will not use or access the Site or Services.

Notwithstanding the foregoing, regardless of where information is processed, Questions & Solutions Engineering uses its commercially reasonable efforts to comply with certain legal frameworks relating to the transfer of any data. To the extent applicable, Questions & Solutions Engineering abides by the Asia-Pacific Economic Cooperation (“APEC”) Cross Border Privacy Rules System, which provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies.

Special Notice to EU Visitors

Questions & Solutions Engineering wishes to make any users of the Site from the European Union aware of their data protection rights. Each such user is entitled to the following:

The right to request copies of your personal data. Questions & Solutions Engineering may charge a small fee for any copies.
The right to request Questions & Solutions Engineering to correct any information you believe is inaccurate or incomplete.
The right to request Questions & Solutions Engineering to delete any of your personal data under certain conditions.
The right to request Questions & Solutions Engineering to restrict the processing of your personal data under certain conditions.
The right to object to the processing of your personal data under certain circumstances.
The right to request Questions & Solutions Engineering to transfer the data it has collected to another organization or directly to you under certain circumstances.

You may use the contact information at the end of this Privacy Policy for sending any requests. If you make any such requests or objections, Questions & Solutions Engineering has one (1) month to respond to you.

Privacy Policy Updates and Revisions

This Privacy Policy may be updated from time to time. Questions & Solutions Engineering reserves the right to modify this Privacy Policy at any time without notice and, thus, encourages you to review this Privacy Policy in a frequent manner. When changes are made to this Privacy Policy, Questions & Solutions Engineering will revise the “Effective Date” shown at the bottom of this Privacy Policy. If Questions & Solutions Engineering makes any material changes in the way it collects, uses, or shares your personal information, it will also post notice of the changes on the Site or may notify you by sending an e-mail. Your continued use of the Site or Services after Questions & Solutions Engineering has posted any Privacy Policy changes indicates your agreement to the changes. If you wish to retain a copy of this Privacy Policy, you should print a copy for your records.

Terms of Privacy Policy Survive

To the extent any terms of this Privacy Policy are held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Privacy Policy will remain in full force and effect.

Limitations

Questions & Solutions Engineeringis not a financial institution or other entity required by law to adopt or publish this Privacy Policy or any other policy. The adoption or publication of this Privacy Policy does not subject Questions & Solutions Engineeringto any stricter duty in its collection, handling, storage, and disclosure of nonpublic information than otherwise applies to itunder applicable law. No person or entity will have any right or recourse against Questions & Solutions Engineering, its affiliates, agents, sponsors, or other related parties based on any alleged violation or noncompliance with this Privacy Policy.

Policy Applicable to California Residents Only

Questions & Solutions Engineering will not share any personal information about you with other companies if prohibited by applicable California law or to the extent your prior consent to share is required by applicable California law. California residents may, but no more than once per calendar year, request information about the disclosures of certain categories of personal information to third parties for direct marketing purposes. To be valid, requests must be submitted at the e-mail address designated at the end of this Privacy Policy and include “California resident information request” written in the “subject” line of the e-mail. Questions & Solutions Engineering will provide a list of the categories of personal information disclosed for direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of the third parties, within thirty days following receipt of your request.

Applicable Law

This Privacy Policy is governed under the laws of the State of Minnesota, without regard to its conflicts of law provisions. All offers of the Services are deemed to have been made in the State of Minnesota.

Effective Date

This Privacy Policy is effective as of the 20th day of August 2019.

Terms of Use

Acceptance of Terms of Use

In consideration for accessing and using the website (the “Site”) of Questions & Solutions Engineering, Inc. (“Questions & Solutions Engineering”)and the Site services, you accept and agree to be bound by the terms and provisions of these Terms of Use. These Terms of Use apply to and govern your use of all webpages and content contained within the Site.

Privacy Policy

Use of the Site and Site services is also governed by the Questions & Solutions Engineering Privacy Policy available on the Site (the “Privacy Policy”),which is incorporated into and is a part of these Terms of Useby this reference.

Modifications to These Terms of Use

You understand that these Terms of Use may change without notice and that you accept any such modification with your continued use of the Site or Site services. Any such revision or change will be binding upon you after the updated Terms of Useare posted on the Site or sent to you via e-mail or other written notification, whichever comes first. If you disagree with any modification to these Termsof Use, you may discontinue your use of any Site services.

Adult Usage Only

The Site is intended for persons who are of the age of majority and able to enter legally binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.

Secured Areas

Some portions of the Site may be restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on the Site. If you are not an authorized user of such areas, you should not attempt to access such areas.

Accuracy of Information Provided by You

You agree that all information you provide Questions & Solutions Engineering is true, current, complete, and accurate. You also agree that you will update your information as needed to keep your information true, current, complete, and accurate. You agree to notify Questions & Solutions Engineeringin a prompt manner of a change in any provided information.

You warrant that you provided notice to, and obtained consent from, any third party whose personal data you have supplied to Questions & Solutions Engineering. You further warrant that, to the extent you provided personal data about a third party to Questions & Solutions Engineering, you provided the third party with notice about these Terms of Useand the Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your provision of outdated, incomplete, or inaccurate information.

Code of Conduct

You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these Termsof Useand the Privacy Policy. You agree to not use Site services or any other services offered by Questions & Solutions Engineeringfor any unlawful or otherwise prohibited means, including, but not limited to, employment discrimination, harassment, unlawful images, or adult content. You agree that you will not:

Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or networks connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
Attempt to gain unauthorized access to any Site, other accounts, computer systems, or networks connected to any Site server or to any website through hacking, password mining, or any other means;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site;
Use any metatags or any other “hidden text” utilizing any name, service, or trademark of Questions & Solutions Engineering without its express written consent;
Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information related to the Site;
Download, copy, or otherwise use any content, material, or information, including trademarks, logos, text, images, or photographs, which are made available through the Site in any manner, including, without limitation, in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of Questions & Solutions Engineering or any other party;
Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs;
Harvest or otherwise collect information about others, including, but not limited to, e-mail addresses;
Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
Use the Site, services, or tools if you are unable to form legally binding contracts;
Attempt to copy or mirror the information, data, content, or coding from the Site; and
Attempt to reverse engineer or reconstruct any portion of the Site.

You agree to comply fully with any applicable laws and regulations. You agree to cooperate in any governmental investigation regarding your use of Site services. You further agree that you will adhere to all applicable laws, rules, and regulations.

Breach of These Terms of User the Privacy Policy

Questions & Solutions Engineeringreserves the right to cancel or terminate your use of Site services if, in its sole discretion, you have breached, or it reasonably believes you breached these Terms of Useor any other obligation. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these Termsof Useand the Privacy Policy: (1) your failure to abide by any provision of these Terms of Useor the Privacy Policy; (2) your failure to pay any amounts due to Questions & Solutions Engineering; or (3) your communication of inaccurate information, including your failure to promptly update your information. If one of the above-listed events occurs, Questions & Solutions Engineeringmay provide you with a written notice describing the breach. You recognize, understand, and agree, however, that Questions & Solutions Engineeringis not obligated to send any notice of default and may immediately suspend or terminate your services without notice.

Maintenance

Questions & Solutions Engineering reserves the right to perform maintenance whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours. Questions & Solutions Engineering shall not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is outside of its control.

Intellectual PropertyRights

You agree that Questions & Solutions Engineeringholds all right, title, and interest to all trademarks, service marks, copyrights, services, websites, and any information and technology used to provide Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.

All content, including, but not limited to, text, graphics, downloads, and software included on the Site, is property of Questions & Solutions Engineering or the property of its licensors, and is protected by U.S. and international copyright laws. You agree that you will not copy, record, duplicate, or otherwise attempt to reproduce any provided services or information.

Disclaimer of Warranties

QUESTIONS & SOLUTIONS ENGINEERINGEXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF QUESTIONS & SOLUTIONS ENGINEERING. QUESTIONS & SOLUTIONS ENGINEERINGDOES NOTWARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. QUESTIONS & SOLUTIONS ENGINEERINGDOES NOTWARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OFQUESTIONS & SOLUTIONS ENGINEERINGOR AS MANDATED BY APPLICABLE LAW, QUESTIONS & SOLUTIONS ENGINEERINGPROVIDES NOWARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH QUESTIONS & SOLUTIONS ENGINEERING.

Assumption of Risk

When you access or use the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including, but not limited to, the loss or corruption of data.

Indemnification

As a user of the Site, you agree to release, indemnify, defend, and hold harmless Questions & Solutions Engineeringand all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings, or demands and all liabilities, claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under violations of these Terms of Useor the Privacy Policy, your submissions to the Site, the services, your use of any Site services, or your alleged violation of any rights of another. This indemnification provision will not affect or impair any person’s right to lawfully pursue claims against other users of the Site for their alleged violations of the law. This indemnification provision is in addition to any other rights or remedies Questions & Solutions Engineeringmay have at law or in equity.

You agree that Questions & Solutions Engineeringhas the right to participate in the defense of any claim asserted against it. You also agree that Questions & Solutions Engineeringwill be entitled to retain a counsel of its own choosing at your cost. You further agree to notify Questions & Solutions Engineeringof your knowledge of any claim against it.You agree to cooperate fully during any such proceedings.

Right to Refuse Service

Questions & Solutions Engineering, in its sole discretion and without any liability to it, reserves the right to refuse service to any person or entity.

Consent and Survival of Agreement

By using the Site, you acknowledge that you have read and agree to be bound by all terms and conditions of these Terms of Useand the Privacy Policy. You also agree to be bound by all amended terms and conditions of these Terms of Useand the Privacy Policy. These Terms of Useand the Privacy Policy, and your obligations under these agreements continue to apply to you even if you are no longer using the Site.

Reports of Abuse

If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any user is violating these Terms of Useor the Privacy Policy, you may inform Questions & Solutions Engineeringin writing about the facts and circumstances of the alleged abuse or violations using the contact information at the end of these Termsof Use.

Questions & Solutions Engineeringmay, but is not obligated, to conduct an investigation into the allegations. Questions & Solutions Engineeringreserves the right to remove accounts, content, or postings that it, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.

Retention of Records

You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Questions & Solutions Engineering shall not, under any circumstances, be liable to you for your failure to retain necessary records, and itsretention or non-retention of records will not act to alleviate your duty under the law.

Termination of Services

You acknowledge and agree that Questions & Solutions Engineeringmay terminate or block your use of Site services without prior notice for any reason, including, without limitation, if you are in default of any payment obligations or if it believes you have engaged in conduct prohibited by these Terms of Useor the Privacy Policy. You agree that, upon termination or discontinuance for any reason, Questions & Solutions Engineeringmay delete all information related to you, and may bar your access to and use of Site services.

Notices and Communication

You authorize Questions & Solutions Engineeringand its sponsors and affiliates to communicate with you to the fullest extent allowed by thePrivacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products, and services or other information. If you do not wish to receive bulk e-mail solicitation notices or announcements, you may click on the opt-out notice at the bottom of the solicitation or contact Questions & Solutions Engineeringusing the contact information at the end of these Termsof Use. To the extent you do not wish to receive communication from sponsors and affiliates, you should contact them directly.

Notices that you send to Questions & Solutions Engineeringmust be delivered via first class mail to the following address at the end of these Termsof Use. You may also send Questions & Solutions Engineeringnotices via electronic mail, so long as you place “LEGAL NOTICE” in the subject line of the e-mail. You authorize Questions & Solutions Engineeringto send any notices to you based on your provided information. Questions & Solutions Engineeringshall not be responsible if you fail to keep your contact information current.

Choice of Law, Jurisdiction, and Venue

These Terms of Useand the Privacy Policy will be interpreted and construed in accordance with the laws of the State of Minnesota, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. Questions & Solutions Engineering is a Minnesota corporation, and any transaction that occurs through the Site is deemed to have occurred in the State of Minnesota.

If any controversy or dispute between Questions & Solutions Engineering were to arise out of or in connection with these Terms of Useor the Privacy Policy, or Site services, the parties shall attempt to resolve such dispute in a prompt manner and in good faith. You agree that any claim, dispute, action, or litigation arising out of or relating to these Termsof Use, the Privacy Policy, or Site services will be brought and maintained exclusively in the state or federal courts located in Hennepin County, Minnesota. Similarly, you agree and irrevocably submit to the jurisdiction of the state or federal courts located in Hennepin County, Minnesota, for the purpose of any litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including, but not limited to, any argument that such litigation has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that the entire liability of Questions & Solutions Engineering, and your exclusive remedy, at law, in equity, or otherwise, with respect to any claim asserted against Questions & Solutions Engineering that arises from or isrelated to these Termsof Use, the Privacy Policy, or Site services, is limited solely to the amount you paid for such services or $1,000, whichever is less. QUESTIONS & SOLUTIONS ENGINEERINGSHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM FOR WHICH YOU CLAIM ITIS RESPONSIBLE.

Time Limitations for Action

Unless prohibited by law, any claim under these Terms of Usemust be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions regarding purchases for services are not subject to this limitation.

Waiver of Jury Trial

BY USING THE SITE AND AGREEING TO THESE TERMSOF USE, YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TERMSOF USE, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES. THIS WAIVER ALSO APPLIES TO THE DETERMINATION OF ANY AWARD OF ATTORNEYS’ FEES.

Successors and Assigns

Except as otherwise expressly provided in these Termsof Use, these Termsof Usewill be binding upon and inure to the benefit of your successors, assigns, heirs, executors, and administrators.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Usewill be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Questions & Solutions Engineeringin exercising any right, power, or privilege under these Terms of Usewill operate as a waiver. Similarly, Questions & Solutions Engineering’selection to not assert its rights under these Terms of Usewill not preclude it from asserting its rights in the future.

Severability

If any provision of these Termsof Useor the Privacy Policy were to be held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions will be unaffected. If any provision in these Terms of Usewould be legal, enforceable, or valid if the provision were more narrowly drawn, the offending provision will be interpreted so as to give maximum effect to the originally drafted provision.

Headings

The headings in these Terms of Useare for convenience only. The heading of any section will not affect the interpretation of any provision of these Terms of Use.

Legal Advice

QUESTIONS & SOLUTIONS ENGINEERINGDOESNOT OFFER LEGAL ADVICE OR SERVICES TO USERS. USERS OF SITE SERVICES ARE ENCOURAGED TO OBTAIN THEIR OWN COUNSEL REGARDING THEIR RIGHTS AND RESPONSIBILITIES UNDER THESE TERMS OF USE AND ANY AGREEMENT ENTERED INTO WITH ANY THIRD PARTY. FURTHER, QUESTIONS & SOLUTIONS ENGINEERINGDOES NOT PROVIDE ANY LEGAL ADVICE OR WARRANTIES REGARDING THE LEGALITY OF THE TERMS AND CONDITIONS CONTAINED WITHIN AGREEMENTS BETWEEN USERS OF THE SITE.