Terms & Conditions of Service
1. SCOPE OF TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service (“Terms”) carefully. These Terms are a legally binding agreement (“Agreement”) between you and Quest Cameras Limited Liability Company. (“Quest”).
THESE TERMS AND CONDITIONS OF SERVICE CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, AND REQUIRE THAT CERTAIN DISPUTES BE RESOLVED THROUGH ARBITRATION INSTEAD OF A COURT TRIAL. FOR MORE INFORMATION SEE SECTION 12 BELOW.
By purchasing, activating, and/or using any Quest product (“Product”) or service (“Service”), you the customer (“You”) acknowledge and agree to these Terms and Conditions of Service. Quest reserves the right to change or modify any of these Terms at any time. Any changes or modifications to these Terms and Conditions of Service are effective and will be binding upon you when posted on our website at www.questcameras.com. These Terms and Conditions of Service are subject to change at any time without notice. Check our website for the most current version of these Terms and Conditions of Service. Quest uses Contractors to assist us with certain functions including wireless device activation, wireless service account maintenance, wireless device activation, and wireless network operation and maintenance. For purposes of these Terms and Conditions only, Quest’s Contractors (e.g., wireless network operators, activation and account management providers, distributors, and retailers) and the services that they provide to Quest will be referenced as if they are a single entity with or subsidiaries of Quest, which is how they will be perceived by customers like you in connection with Quest’s wireless services.
For assistance or more information, please contact Quest at (270) 713-6708.
2. ACTIVATING YOUR QUEST SERVICE
To use Quest’s cellular wireless service (“Quest Service” or “Service”), you must first purchase and activate a Quest device (e.g., cellular wireless enabled scouting or security camera) that is compatible with Quest Service. You must also purchase a Quest service plan and either have a positive balance on your account (e.g., unused data, minutes, texts, etc.) or have selected to be billed for the service and overages on your account.
You may activate your Quest Service by visiting our website at www.quest-wireless.com or by logging into the mobile application. You will be prompted for an email address upon registration at Quest’s website. You will use this email address to create and access your account. Upon registration, you will have the opportunity to provide your mailing address and to set up a password for your account. If you elect not to provide your address, you may not be able to obtain copies of your service detail records except upon service of a valid Subpoena or a Court order.
When you activate your Service, you will be provided with a telephone number. You must accept the phone number assigned to you at the time of activation. Please note that you have no ownership rights to any telephone number, Internet Protocol (IP) address, or any other identifier associated with your wireless service, and you acknowledge and agree that we may change any such telephone number, IP address or other identifier associated with your Quest Service at any time without prior notice to you. Once you have been assigned your Quest telephone number, you cannot change the telephone number or your Service plan until your Service End Date (as described below) without losing any unused Service balance. If you change your assigned telephone number prior to your Service End Date, you will lose any unused Service balance.
Your Quest Service can only be activated where Quest Service is offered and supported by Quest. Quest Service is provided at Quest’s discretion. The wireless telecommunications networks used to transmit calls, text messages, multimedia messages, videos, and data for the Service are owned and operated by licensed commercial mobile radio service providers (“Carriers”), and not Quest.
Certain features and functions may not be available throughout the entire network or their functionality may be limited in certain geographic areas. All plan rates, features, functionality, and other product specifications are subject to change without notice or obligation.
We may remotely change your wireless product’s software, applications or programming without notice. This could affect your stored data, your device’s programming and how you are able to use your wireless device.
If you notify us that your Product is lost or stolen, your account will be deactivated and any unused Service balance will be lost and will not be transferred. At Quest’s discretion, service may continue until the Service End Date.
3. TERMINATION OF SERVICE
Either party may terminate this Agreement (which will terminate the provision of Quest Service) at any time. Any unused service at the time of termination will not be refunded. Quest may terminate this Agreement at any time without notice if we cease to provide service in your area. We may interrupt or terminate your service without notice for any conduct that we believe violates this Agreement, if you behave in an abusive, derogatory or similarly unreasonable manner with any of our representatives, if we have reasonable cause to believe that you are using your Quest product and/or wireless service for an unlawful purpose or in a way that may adversely affect our Service, if you engage in any deceptive or unfair conduct with respect to your Quest product and/or wireless service. Any provision of this Agreement which by its context is intended to apply after termination of the Agreement will survive termination, including, but not limited to, any restrictions on the use of Quest Products.
4. QUEST SERVICE PLANS
Quest Service includes several rate plan options. We strive to transfer data from your Quest product to the email address, SMS destination, and/or cloud storage system via the most energy efficient connection protocol available which generally means the fastest data connection protocol available up to and including 5G. Connection protocols and thus data speeds are dependent on your Quest product’s capabilities and the type of data coverage available at the location of your Quest Product. Actual data speeds are further affected by existing and changing network conditions. We will notify you via the email address or SMS address in your account settings that you have reached the limit of your service plan and suspend service from your Quest product until the next plan cycle. You can purchase additional data if you would like to continue service for the remainder of the plan period. Reinstating service can take up to 24 hours.
Quest does not support international SMS messaging. Attempting to send international messages where not permitted or supported could result in Service deactivation. In the event of a deactivation, your data balance previous to deactivation will be cleared from the account.
5. REFILLING YOUR QUEST SERVICE
Your Quest Product will only operate when (1) your Service is active AND (2) you have a positive Service Balance (i.e., data remaining in your chosen plan) in your account OR you have selected to be billed for service and overages at the relevant rates in your account settings. Texts, data, and Service days do not have cash value and do not accumulate. Quest Services are non-refundable. No refunds or discounts will be given for (i) unused Service balances that expire by your Service End Date; (ii) unused Service balances on your Quest product if it is lost or stolen. Any unused Service Balance(s) that exist at the time you refill your Service and/or at your Service End date will not carry over or accumulate.
Service End Date: Your “Service End Date” is the last day of your Service Period. When you refill Services on your Quest product, your Service End Date will be reset to the number of Service Days on your refilled plan. You can find your Service End Date by visiting www.quest-wireless.com, logging in, and visiting your Account Settings. If you are being billed monthly for service, your “Service End Date” is the end of the month after you cancel your Quest service. You will be billed for the current month upon your request to cancel service. A request to reduce your service plan level will result in you being billed for the current service level in the current month of the request, and a reduction to the requested service level thereafter.
Quest Auto-Refill: You will be enrolled in auto-refill by saving an accepted, valid payment method in your account settings and selecting auto-refill in your account settings. You will receive a recurring charge to your entered method of payment on your Service End Date each month or year which will automatically refill your Quest service with the Quest Service Plan you select. Your Auto-Refill is determined by the last plan that you have used with your Quest Product. For example, if you purchase a 1-month Service Plan, your Auto-Refill will occur every 1 month at the same data level as the previous month. If you use all of your photo count, you may auto-refill your account which will also move your auto-refill date accordingly. If you purchase a 1-year Service Plan, your Auto-Refill will occur annually at the same data level as the previous year. To cancel your service, feel free to login to your app, quest-wireless.com or email support@questcameras.com
Credit Card Fraud: Credit card fraud and identity fraud are criminal offenses. At Quest, we use automated and manual systems to obtain and confirm proper credit card authorization. Information related to fraudulent transactions, including but not limited to IP addresses, detailed call records, transaction data, location information, and email addresses is collected and will be provided to appropriate law enforcement officials to assist in the prosecution of any persons that Quest has reason to believe is attempting to commit fraud in connection with their purchases and other transactions on the Quest website or the websites of our Contractors.
You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
6. INFORMATION STORED ON QUEST PRODUCTS
Your Quest Product and any cloud storage associated with your account may contain sensitive or personal information thereon. Quest is not responsible for any information on your Quest Product or cloud storage associated with your account including sensitive or personal information, data, video, or photographs. If possible, you should remove or otherwise safeguard any sensitive or personal information, data, and photographs from the Quest Product and cloud storage allocated to your account as soon as possible. By returning your Quest Product to us or requesting technical support from us, you agree that our employees, Contractors, or Vendors may access all of the information on your Quest Product and any cloud storage allocated to your account.
Quest Service provides wireless data access to the Internet. Although Quest Products are not intended to communicate content (images or video) to the public, they may be configured to do so. Additionally, although Quest Products and Services are not intended to be used to access and view Internet content, they may be modified to do so. Internet content is NOT rated or filtered and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold Quest liable for any offensive or objectionable content, and you agree not to hold Quest liable for any content made available to the public via Quest’s Products and/or Service.
Quest Service is for individual use only and may not be offered for resale. Quest reserves the right to take measures to protect the Carriers’ networks (i.e., Quest’s Contractors’ networks), cloud service and storage providers’ networks, and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using the Quest Service in a manner that adversely impacts the Carriers’ networks or the cloud providers’ networks. We may monitor the compliance of customers with these Terms and Conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
Quest Service is not intended for use by children. In the event that you, as a legal guardian allow your child to use Quest Products and Services, you acknowledge that your child has the permission to access the Internet. You further acknowledge that as a legal guardian, it is your responsibility to supervise content sent to the public Internet by your child while using Quest Products and/or Services, and it is your responsibility to determine whether use of the Internet via Quest Service is appropriate for your child. If you access the Internet with the Quest Service, you agree that you are of the minimum legal age to visit certain sites and you agree not to visit any illegal sites. Availability and reliability of Quest Service is subject to transmission limitations, and your actual device speed may vary from time to time. Access to certain websites may be blocked or unavailable due to carrier or other restrictions. You agree that Quest is not responsible for and has no liability for content (e.g., photos and videos) sent to the public Internet by you or your child.
7. SERVICE AREA MAPS AND COVERAGE MAPS
You will find Service Area Maps and Coverage Maps on our website. These maps are for general informational purposes only. The coverage maps are provided by our Contractors (i.e., wireless network operators) and depict the general coverage area of Quest. The coverage maps are not a guarantee of coverage. Coverage is not available everywhere. The coverage maps display only the predicted and approximate optimal wireless coverage for voice calls, while outdoors, of the network on which your phone may be activated including the coverage area of the network’s roaming partners, if applicable. The coverage areas shown do not guarantee service availability, and may include locations with limited or no coverage, especially for data service. Within coverage areas, there may be significant limitations or interruptions in coverage that may impact service and result in dropped and blocked connections, slower data speeds, or no data connectivity. This could occur due to many factors including your device, network changes, network traffic volume, network outages, technical limitations, signal strength, the terrain and your Quest Product’s proximity to buildings, foliage and other obstructions, weather and other conditions. Areas with weak coverage may significantly reduce battery life of Quest Products. Your Quest Product will work outside of coverage areas, but content (photos and videos) will not be transmitted via the Quest Service to the destination you have designated. The coverage depicted on the Quest coverage maps is based on the information provided by other carriers and public sources, and we cannot guarantee their accuracy. Quest is not responsible for any Service outages, interruptions in service or decline in the quality of service regardless of the cause.
8. ROAMING
Quest Products generally support roaming. Quest Service includes limited domestic roaming that is invisible to you and at no additional charge to you. International Roaming is strictly prohibited. You will not be able to send or receive data via your Quest Product on the Quest Service outside of the United States and/or Canada.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL QUEST, ITS EMPLOYEES, OR CONTRACTORS BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, SALES OR DATA; ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION; OR FOR ANY OTHER SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, COVER, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE ANY QUEST PRODUCT AND/OR SERVICE INCLUDING, WITHOUT LIMITATION, VOICE SERVICE, VOICE MAIL, ANY GPS MAPS, SOFTWARE, MOBILE WEB SERVICES OR OTHER WEB CONTENT, EVEN IF QUEST, OR THEIR RESPECTIVE CONTRACTORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO JURISDICTIONS THAT MAY NOT ALLOW THE EXCLUSION OF LIABILITY, BUT MAY ALLOW LIABILITY TO BE LIMITED IN SOME CASES, QUEST, ITS EMPLOYEES, LICENSORS AND AFFILIATES’ LIABILITY SHALL BE LIMITED TO U.S. $100.
10. DISCLAIMER OF WARRANTIES
NO WARRANTY, EXPRESS OR IMPLIED, IS MADE REGARDING THE CONDITION OR FITNESS OF THE SERVICES OFFERED OR USE OF THE SERVICE FOR ANY PARTICULAR USE OR PURPOSE, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR NON-INFRINGEMENT. QUEST DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON ITS BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY QUEST. YOU ACKNOWLEDGE THAT QUEST SERVICE IS PROVIDED “AS IS” AND QUEST MAKES NO WARRANTY TO YOU OR TO ANY THIRD PARTY WHATSOEVER, DIRECTLY OR INDIRECTLY, EXPRESS, IMPLIED OR STATUTORY, AS TO THE SUITABILITY, DURABILITY, DESCRIPTION, QUALITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR USE OR PURPOSE OF THE SERVICE. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. WE ALSO MAKE NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, QUEST EMPLOYEES, TO MAKE ANY WARRANTIES ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOUR USE OF THE QUEST SERVICE IS SOLELY AT YOUR RISK.
11. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Quest, its affiliates, licensors, employees, and Contractors, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Service or your use Quest Products and/or Service, including, but not limited to, your use of Quest’s Products and/or service including other than as expressly authorized in these Terms and Conditions of Service.
12. DISPUTE RESOLUTION
Most customer concerns can be resolved to your satisfaction by contacting Quest at http://quescameras.com/support or by phone at (270) 713-6708 and provide a description of your dispute, all relevant documents, and your proposed resolution prior to taking any formal action. You further agree to submit your dispute to binding arbitration or small claims court as set forth herein if we are unable to resolve your dispute within 60 days of your notice to us.
BINDING ARBITRATION
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION) THROUGH BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THAT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF QUEST’S AGREEMENT WITH YOU. YOU AGREE THAT YOU ARE AWARE THAT THERE IS NO JUDGE NOR JURY IN ARBITRATION BUT THAT AN ARBITRATOR MAY AWARD YOU THE SAME DAMAGES AND RELIEF THAT YOU MAY BE ABLE TO RECOVER IN A COURT OF LAW. YOU AND QUEST FURTHER AGREE THAT THE ARBITRATOR MUST HONOR THE TERMS OF THIS AGREEMENT. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY BRING A CLAIM IN SMALL CLAIMS COURT.
All claims by you against Quest or our Contractors will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to Quest, as set out above, to allow an opportunity to resolve the dispute prior to initiating arbitration. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), as modified by this agreement. The AAA Rules are available online at www.adr.org, by calling the AAA a 1-800-778-7879. You and Quest agree that use of the Quest Service evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. Additionally, for claims of $10,000 or less, you can choose to proceed with arbitration being decided on the documents submitted in an effort to minimize costs and the time it may take for an arbitrator to reach his or her decision.
You and Quest agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide, or representative basis. Further, you and Quest agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide, or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void.
Unless you and Quest agree otherwise, the location of any arbitration shall be in Bowling Green, KY. Either or both parties may participate in the proceedings by telephone. The arbitrator shall apply the law of the State of Kentucky.
CHOICE OF LAW
This Agreement shall be construed under the laws of the law of the State of Kentucky without giving effect to any choice or conflict of law provision or rule of the State of Kentucky or any other jurisdiction. Any dispute arising out of this Agreement shall find venue solely in Kentucky.
13. PRIVACY POLICY
To view the Quest Privacy Policy please refer to our website at www.Questcameras.com.
14. WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms and Conditions of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions of Service shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Service will continue in full force and effect.
15. ENTIRE AGREEMENT
The Terms and Conditions of Service and our Privacy Policy constitute the sole and entire agreement between you and Quest with respect to Quest’s website, Quest’s Contractors’ websites, Quest’s Contractors’ Services, and Quest’s Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Quest’s website, Quest’s Contractors’ websites, Quest’s Contractors’ Services, and Quest’s Service.