Terms & Conditions

Please read the terms and conditions of this Terms of Service Agreement ("TOS Agreement") carefully before using the AskMeNow service. By using the AskMeNow service, you are agreeing to be bound by and are becoming a party to this TOS Agreement. If you are not willing to be bound by all of the terms of this TOS Agreement, you should discontinue use of the AskMeNow service.

This TOS Agreement represents the entire agreement concerning the use of the AskMeNow service (the "Service") developed by AskMeNow, Inc. ("AskMeNow") and it supersedes any prior proposal, representation, or understanding between the parties. Unless otherwise amended, the TOS Agreement shall apply to any modified version or upgrade of the Service delivered by AskMeNow to you.

1. Terms of Service Agreement Grant
   AskMeNow grants to you a personal, nonexclusive ability to use the Service during the term only as authorized in this TOS Agreement. You agree that you will not assign or otherwise transfer your rights under this TOS Agreement. The AskMeNow Service is designed to be an entertainment resource only, and should not be relied upon for any other purpose whatsoever. In providing information in response to your queries or requests, AskMeNow will rely on our employees, agents, third party partners, as well as on information resources available on the Internet.

2. Restrictions on Use
   You agree to use the Service for personal use only and further acknowledge that you may not market, distribute or offer the Service as a free or charged service to any third party and/or make any commercial use of the Service whatsoever without the written authorization of AskMeNow. You agree that all rights not expressly granted herein are reserved by AskMeNow. Traffic laws and traffic conditions must be observed and respected at all times and take precedence over any instructions or directions received through the AskMeNow service. You acknowledge that you are responsible for controlling your vehicle and that you must exercise proper control of your vehicle at all times. For safety reasons, you agree that you will not use the AskMeNow service while operating a vehicle, and that ASKMENOW SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY ADVERSE EFFECTS (INCLUDING BUT NOT LIMITED TO ACCIDENTS OR TRAFFIC LAW VIOLATIONS) FOR YOUR VIOLATION OF THIS PROVISION. Handling, operating, adjusting or viewing a mobile device while driving or while on an aircraft is an offense in many jurisdictions. You agree to follow all local laws while using the AskMeNow service.

3. Upgrades; New Versions
   This TOS Agreement covers the version of the Service current as of the date of first use and any updates thereto. In the event that upgraded versions of the Service are developed, AskMeNow may, at its discretion, make such upgrades available to those users that have paid any required fees for such upgrades. Notwithstanding the foregoing,although AskMeNow does not intend to charge users for any updates to the Service,AskMeNow does reserve the right to charge fees for the use of any updated, upgraded,or new versions of the Service.

4. Technology Rights
   You acknowledge and agree that the Service is a proprietary product of AskMeNow and/or its licensors, and that all right, title, and interest in and to the Service,including associated intellectual property rights, is and shall remain with AskMeNow and/or its licensors. This TOS Agreement does not convey to you an interest in or to the Service, but only a limited right of use revocable in accordance with the terms of this Agreement. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, REVERSE ENGINEER,DISASSEMBLE, DECOMPILE, RENT, LEASE OR LOAN THE SERVICE OR DOCUMENTATION OR CREATE DERIVATIVE WORKS BASED ON THE SERVICE OR THE DOCUMENTATION.

5. CAN-SPAM Act, TCPA and Do-Not-Call Registries.
   State and federal Do-Not-Call registries, the CAN-SPAM Act, and the Telephone Consumer Protection Act of 1991 (TCPA) exist to prevent unsolicited telemarketing calls and the use of automatic dialing machines to call wireless devices, not to prevent such calls from persons who have asked to be contacted. Under Federal rules (and most states),"safe harbors" exist to allow a consumer to expressly grant permission to be contacted even though they may have registered their phone number with a state or federal Do-Not-Call registry. By accepting these TOS and submitting a query or request to AskMeNow, you agree that we may send the response to your AskMeNow queries or requests to your e-mail account or wireless device via an automated e-mail or SMS text message or WAP Push Message or MMS Message, and understand that such response may include advertising materials from third party affiliates contracted by us. By accepting these TOS, you agree that by submitting your queries or requests to AskMeNow, you are granting express permission to receive our automated response which may include an affiliate's advertising material, even if you are registered on a Do-Not-Call registry. Accepting these TOS does NOT authorize us to send you any other commercial messages beyond those described above,or to contact you at any time other than in response to your queries or requests, except that you may at any time opt-in for such information, or from time-to-time we may inform you about new or enhanced features of the service, or inform you of planned or unexpected service interruptions. At your request,we will provide to you a list of all third parties whose advertisements may be included with your answer.

6. Fees, Costs and Expenses
   You agree that you will be responsible for any and all fees, costs or expenses you may directly or indirectly incur as a result of using the Service. Such fees, costs and expenses include, but are not limited to, any amounts due from the use of a provider network that allows you to access the Service, amounts charged for text-messaging services, costs associated with the use of cellular or hand-held network minutes or other time periods upon which billing may be based or any other amounts charged by a provider or third party in connection with the use of the device by which you access the Service or as a result of the use of the Service itself, including any taxes or other fees attributable thereto. Use of the service may result in a charge of a fee which will be automatically charged to your wireless bill. Varying rates and pricing plans may be available through certain promotions or carriers. You will be given an opt-in option to agree to this fee before your first time being charged. Additional fees and charges associated with premium services offered by AskMeNow or its Third Party Affiliates may be charged either per incident or in a flat re-occurring rate independent of usage. You must first opt in and then confirm acceptance of the billing agreement before receiving and/or being charged for these services. Standard minute, text messaging, and wireless data rates do apply and may be billed independently of AskMeNow by a user's carrier regardless of the type of query asked or request submitted or the answer or information provided.

7. Term
   This TOS Agreement is effective upon your being granted access to the Service and shall continue until your use of the Service is terminated. AskMeNow may terminate this TOS Agreement with or without cause at any time. The termination of this TOS Agreement shall not adversely affect any of AskMeNow's other rights with respect to your use or possession of the Service or your failure to comply with this TOS Agreement. Notwithstanding the termination of this TOS Agreement for any reason, all of the user restrictions and limitation of liablility provisions shall survive such termination and this TOS Agreement, shall remain in full force and effect and any violation of such provisions may result in legal action by AskMeNow.

8. Limited Warranty
   THE SERVICE IS LICENSED "AS IS," AND ASKMENOW DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ASKMENOW DOES NOT WARRANT THAT THE SERVICE WILL MEET THE USERS NEEDS, EXPECTATIONS OR INTENDED USE OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ASKMENOW DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE INFORMATION PROVIDED THROUGH THE SERVICE IS TRUE, ACCURATE OR COMPLETE. ASKMENOW DISCLAIMS ANY DUTY TO INVESTIGATE ANY SUCH INFORMATION OR THIRD PARTY PROVIDER OF SUCH INFORMATION.THE USER AGREES THAT ITS RELIANCE ON ANY INFORMATION PROVIDED BY ASKMENOW OR ITS THIRD PARTY PROVIDERS OF THE INFORMATION AVAILABLE THROUGH THE SERVICE SHALL BE AT ITS OWN RISK.

9. Limitation of Liability
   IN NO EVENT SHALL ASKMENOW OR ANY OF ITS THIRD PARTY PROVIDERS OF INFORMATION BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, SALES OR USE OF THE SERVICE, OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, PROMOTION, DISTRIBUTION OR PERFORMANCE OF THE SERVICE OR ANY ENHANCEMENTS OR MODIFICATIONS THERETO, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE EVEN IF ASKMENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Title
    All title, ownership rights, and intellectual property rights in or related to the Service shall remain in AskMeNow or its Licensors. The Service is protected by copyright and other intellectual property laws and by international treaties, including, but not limited to, the Digital Millennium Copyright Act of 1998. "AskMeNow " is a service mark of AskMeNow. No right, license, or interest to such service mark is granted hereunder, and you agree that you shall assert no such right, license, or interest with respect to such service mark either during or after the term of this TOS Agreement.

11. Indemnity
    You shall defend, indemnify, and hold harmless AskMeNow and AskMeNow's officers, directors, suppliers, successors, affiliates, agents and assigns from any claims, damages, losses, or expenses (including without limitation attorney fees and costs) incurred by AskMeNow in connection with all third party claims, suits, judgments and causes of action (i) for infringement of patents or any other patents, copyrights, trade secret, trade mark or other intellectual property or proprietary rights arising from your combining with or using any device, system or service in connection with the Service or any portion thereof (ii) for libel, slander, defamation or infringement of copyright or other proprietary right with respect to material transmitted by you using a handheld device or cellular phone or (iii) for injury, death or property damage arising in connection with your use or non-use of the Service. No remedy herein conferred upon AskMeNow is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative. In the event of your termination of this TOS Agreement you shall pay to AskMeNow all attorney fees, collection fees, and related expenses, expended or incurred by AskMeNow in the enforcement of any right or privilege of AskMeNow hereunder (including, but not limited to, telephone, freight, express and postal charges, expenses of paid investigators and reasonable compensation for time of AskMeNow's representatives).

12. Limitations of the Service
    The AskMeNow service is designed to be an informative entertainment resource for its users. In providing answers to our users' queries or requests, AskMeNow wholly relies on our third party partners and public information resources and AskMeNow provides all such information "As Is". AskMeNow will make a good faith attempt toprovide answers in response to your queries or requests, but does not guarantee (i) our ability to provide any such information, (ii) the content of any information provided, (iii) the reliability of any third party partner or public information source, or (iv) the timing or responsiveness to any inquiry by a subscriber. AskMeNow does not authorize or license you to use the information in any particular manner or warrant that your use of the information will not violate the rights of third parties. There are queries or requests that AskMeNow may not or will not answer. Such queries or requests include, but are not limited to, queries or requests that conflict with confidentiality laws, privacy laws, indecency laws, or are potentially harmful in nature or that violate any other such regulations, guidelines or laws. You will not knowingly ask any such queries or make any such requests. You will also not ask queries or make requests whose response you know or have reason to know will infringe patents, copyrights, trade secret or other intellectual property or proprietary right of a third party.

13. Privacy
    Information provided by you shall not be sold to third parties. However, AskMeNow may store, track and use for its own promotional purposes the following information: your name, date of birth, gender, occupation, email address, home address, cell phone number, mobile carrier, device type and manufacturer, interests, location, and user history. See our full Privacy Policy.

14. Governing Law
    This TOS Agreement shall be construed and governed in accordance with the laws of the United States and the State of New York, excluding its conflict of law provisions, and the state and federal courts sitting in the State of New York shall have exclusive jurisdiction over all claims and disputes arising hereunder or in connection with the subject matter hereof.

15. Severability
    Should any court of competent jurisdiction declare any term of this TOS Agreement void or unenforceable, such declaration shall have no effect on the remaining terms hereof and the unenforceable term shall be construed to provide the maximum rights allowed by law.

16. No Waiver
    The failure of AskMeNow to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by AskMeNow as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

17. Questions
    All questions concerning this TOS Agreement shall be directed to Customer Service.

18. How to Opt-in
    To opt-in or subscribe to our service, you can register from our website www.askmenow.com, or text any query to 27563 and we'll guide you through the opt-in process from your mobile phone.

19. How to Opt-out
    To opt-out from our SMS service, you can text "STOP ALL" to 27563 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will not receive any additional messages until you Opt-in.

20. How to get help or support
    To get help, email us, or call our toll free number at 1-888-EZ-ASKME. From your mobile phone, you can request our contact information at any time by texting "HELP" to 27563.