Terms of Service & Conditions
Thank you for signing up for a subscription with ABSITE Quest, LLC. (“ABSITE Quest”, “we” or “us”). By placing an order, clicking to accept this Agreement, or using or accessing any ABSITE Quest service or related services, you agree to all the terms and conditions of this Terms of Service Agreement (“Agreement”). If you are using an ABSITE Quest service or related services on behalf of a institution or other entity, then “Customer” or “you” means that entity, and you are binding that entity to this Agreement. You represent and warrant that you have the legal power and authority to enter into this Agreement and that, if the Customer is an entity, this Agreement and each Order Form (Paid Subscription) is entered into by an employee or agent with all necessary authority to bind that entity to this Agreement. Please note that we may modify this Agreement as further described in the amendments section below, so you should make sure to check this page from time to time.
1. OVERVIEW OF THE ABSITE QUEST PLATFORM.
ABSITE Quest provides subscribers daily high-yield ABSITE review questions. Questions are delivered via Qstream software and available to subscribers via e-mail, website, or push notifications to their electronic device. Utilizing spaced learning methodology, ABSITE Quest delivers a set number of questions each day and repetition of questions is based on users previous answer selections to optimize knowledge retention. Users may access previously answered questions at anytime and review their proficiency anytime by visiting absitequest.qstream.com.
2. DEFINITIONS.
2.1 “Add-On” means integrations, applications, and other add-ons that are used with the ABSITE Quest Service.
2.2 “Aggregate/Anonymous Data” means: (i) data generated by aggregating Customer Data with other data so that results are non-personally identifiable with respect to Customer or its Visitors; and (ii) learnings, logs, and data regarding use of the ABSITE Quest Service.
2.3 “Content” means text, images, videos or other content for the Customer Property that Customer selects for use with the ABSITE Quest Service. This Content becomes public on the Customer Properties, so Customer should only provide Content that it wishes others to see.
2.4 “Customer” means individual subscriber to ABSITE Quest Services who has opted in by registration through purchase of ABSITE Quest Services or enrolled via web form.
2.5 “Customer Data” means: (i) Content; (ii) Submitted Data; (iii) Visitor Data; and (iv) any other Customer Data specified in the Service-Specific Terms.
2.6 “Program Manager” means an administrator from a residency training program that has taken liberty to purchase and enroll their trainees in bulk to ABSITE Quest Services as individual Customers. Program Managers are given access to ABSITE Quest Services as well as engagement and proficiency results of their enrolled trainees.
2.7 “ABSITE Quest Service” means the specific proprietary software-as-a-service product(s) of ABSITE Quest powered by Qstream; and specified in Customer’s subscription purchase or enrollment form. Examples include; “Q-Bank 2023-2024”, “Carpe Diem – AQ” or “Demo Q–Bank” Qstreams.
2.8 “ABSITE Quest Technology” means the ABSITE Quest Service, any and all related or underlying documentation, technology, code, know-how, logos and templates (including in any reports or output obtained from the ABSITE Quest Service), anything delivered as part of support or other services, and any updates, modifications or derivative works of any of the foregoing, including as may incorporate any Feedback.
2.9 “Scope of Use” means the usage limits or other scope of use descriptions for ABSITE Quest Services.
2.10 “Submitted Data” means data uploaded, inputted or otherwise submitted by Customer to the ABSITE Quest Service, including Third-Party Content such as communication via Qstream, Twitter, Facebook, Google, and/or Instagram.
2.11 “Subscription Term” means the initial term for the subscription to the applicable ABSITE Quest Service, as specified on company website or purchase order confirmation. Individual subscriptions to ABSITE Quest’s daily spaced learning question bank are valid for the duration of the current academic year and will terminate on June 30, 2024 regardless of initial purchase or enrollment date. Group program subscriptions are valid for the duration of the academic year as stated on the purchase order invoice.
2.12 “Third-Party Content” means content, data or other materials that Customer provides to the ABSITE Quest Service from its third-party data providers, including Qstream and Brilliant Assessments.
2.13 “Third-Party Product” means any applications, integrations, software, code, online services, systems, other products, and Add-Ons not developed by ABSITE Quest; such as Qstream, Zoom, or PointerPro.
3. ACCOUNT REGISTRATION AND USE.
Customer and/or its Authorized Program Managers may need to register for an ABSITE Quest account in order to place orders or to access or receive an ABSITE Quest Service. Account information must be accurate, current, and complete, and will be governed by ABSITE Quest’s Privacy Policy (currently available at www.ABSITEQuest.com/privacy/). Customer agrees to keep this information up-to-date so that ABSITE Quest may send notices, statements, and other information by email or through Customer’s account. Customer must ensure that any user IDs, passwords, and other access credentials (such as API tokens) for the ABSITE Quest Service are kept strictly confidential and not shared with any unauthorized person. Accounts are granted to specific Customers and must not be shared with others.
4. USE RIGHTS.
4.1 Use of ABSITE Quest Services. Subject to all the terms and conditions of this Agreement, ABSITE Quest grants Customer a worldwide, non-exclusive, non-transferable, non-sublicensable right and license during the applicable Subscription Term to access and use the ABSITE Quest Service(s) designated on Customer’s Order Form solely for Customer’s internal business purposes, but only in accordance with this Agreement (including without limitation any applicable Service-Specific Terms), the Documentation, and all applicable Scope of Use descriptions.
4.2 Use by Others. Customer may permit its Authorized Program Managers to use the ABSITE Quest Service, provided their use is for Customer’s benefit only and remains in compliance with this Agreement. Customer will be responsible and liable for all Authorized Program Managers’ use and access and their compliance with the terms and conditions of this Agreement.
4.3 General Restrictions. Customer must not (and must not allow any third party to: (i) rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the ABSITE Quest Service to a third party (except Authorized Program Managers); (ii) modify or create a derivative work of the ABSITE Quest Service or any portion of it; (iii) break or circumvent any security measures, rate limits, or usage tracking of the ABSITE Quest Service; (iv) access the ABSITE Quest Service for the purpose of building a competitive product or service or copying its features or user interface; or (v) use the ABSITE Quest Service for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without ABSITE Quest’s prior written consent.
4.4 Free Access Subscriptions. ABSITE Quest may provide Customer with an ABSITE Quest Service for free or on a trial basis (“Free Access Subscriptions”). This Section will apply to any Free Access Subscriptions such as “Demo – AQ” or “Demo Q-Bank”, and supersedes any contrary provision in this Agreement. ABSITE Quest may use good faith efforts in its discretion to assist Customer with Free Access Subscriptions. Nevertheless, and without limiting the other disclaimers and limitations in this Agreement, customer agrees that any Free Access Subscriptions are provided on an “as is” and “as available” basis without any warranty, support, maintenance, storage, or indemnity obligations of any kind. ABSITE Quest may terminate Customer’s right to use any Free Access Subscriptions at any time for any reason or no reason in ABSITE Quest’s sole discretion, without liability.
5. CUSTOMER DATA.
5.1 Rights in Customer Data. As between the parties, Customer retains all right, title, and interest (including any intellectual property rights) in and to the Customer Data, all Customer Properties, and all content contained within them (excluding any ABSITE Quest Technology). Customer hereby grants ABSITE Quest a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data solely to the extent necessary to provide the ABSITE Quest Service and related services to Customer and as set out in Section 5.2 (Aggregate/Anonymous Data). For Content, this includes the right to publicly display and perform Content and the Customer Properties (including derivative works and modifications) as directed by Customer through the ABSITE Quest Service.
5.2 Aggregate/Anonymous Data. Customer agrees that ABSITE Quest will have the right to generate Aggregate/Anonymous Data and that Aggregate/Anonymous Data is ABSITE Quest Technology, which ABSITE Quest may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve ABSITE Quest’s products and services and to create and distribute reports and other materials). For clarity, ABSITE Quest will only disclose Aggregate/Anonymous Data externally in a de-identified (anonymous) form that does not identify Customer, Authorized Users, or Visitors, and that is stripped of all persistent identifiers (such as device identifiers, IP addresses, and cookie IDs). Customer is not responsible for ABSITE Quest’s use of Aggregate/Anonymous Data.
5.3 Security. ABSITE Quest agrees to maintain commercially reasonable technical and organizational measures designed to secure its systems from unauthorized disclosure and modification, which are described in more detail on ABSITE Quest’s website. ABSITE Quest’s security measures will include: (i) storing Customer Data on servers located in a physically secured location; and (ii) using firewalls, access controls, and similar security technology designed to protect Customer Data from unauthorized disclosure and modification.
5.4 Storage. ABSITE Quest does not provide an archiving service. During the Subscription Term, Customer acknowledges that ABSITE Quest may delete Content no longer in active use. ABSITE Quest expressly disclaims all other obligations with respect to storage. Additional storage terms may be specified in the applicable Service-Specific Terms.
5.5 Data Export. ABSITE Quest provides the ability for Customer to export data at any time in the ABSITE Quest Service and located on the Customer’s absitequest.qstream.com user dashboard.
6. CUSTOMER OBLIGATIONS.
Customer agrees to: (i) allow Customer Data to be collected, used, and disclosed in the manner contemplated by this Agreement and to grant ABSITE Quest the rights set out in this Agreement; (ii) comply with any third-party terms applicable to any Customer Apps (such as app store terms), and to any Third-Party Products used in connection with the ABSITE Quest Service such as Qstream.
7. ELIGIBILITY FOR ABSITE QUEST SERVICES.
ABSITE Quest is intended for general surgery residents and future trainees interested in surgical education. If you are under 18 years old (for U.S. based users) or the age of majority in your jurisdiction, then you may not use or access ABSITE Quest Services. Children under 13 years old are prohibited from accessing ABSITE Quest Services or otherwise providing any personal information to ABSITE Quest.
8. PAYMENT AND REFUNDS.
8.1 Payment. Customer agrees to pay all fees in the currency and payment period specified in the applicable Order Form. ABSITE Quest sends invoices electronically, and invoices for the ABSITE Quest Service may be mailed if specifically requested. If Customer requires a Purchase Order number referenced on ABSITE Quest’s invoice, Customer must promptly provide the Purchase Order number. If Customer does not promptly provide the Purchase Order number, Customer agrees to pay the invoice without a referenced Purchase Order Number. Some customers may have the option to pay by credit card. If Customer is paying by credit card, it authorizes ABSITE Quest to charge and fees other amounts automatically to Customer’s credit card without invoice.
8.2 Refunds. All payments are fully refundable within 14 days of subscription or flashcard purchase if requested via email to support@ABSITEQuest.com.
9. TERM AND TERMINATION.
9.1 Term. This Agreement is effective until all Subscription Terms for the ABSITE Quest Service(s) have expired or are terminated as expressly permitted in this Agreement.
9.2 Subscription Term and Renewals. By executing an Order Form for purchase of an ABSITE Quest Service via website or payment of invoice, Customer is agreeing to pay applicable fees for the entire Subscription Term. Subscription start date is the day of Order Form or invoice completion and payment. Actual enrollment starts when Customer first obtains access to the ABSITE Quest Service via completion of end users’ Qstream username and password setup. Pricing for any Subscription Term renewal, new Order Form, or invoice changes will be at ABSITE Quest’s then-applicable rates. Customer cannot cancel or terminate a Subscription Term except as expressly permitted by Section 8.2.
9.3 Termination for Cause. ABSITE Quest may terminate this Agreement or any related Order Forms immediately if Customer breaches Sections 4 (Use Rights) or 6 (Customer Obligations), or for repeated violations of this Agreement.
9.4 Effect of Termination. Upon any expiration or termination of this Agreement or an Order Form Customer’s right to access any Customer Data in the applicable ABSITE Quest Service will cease and ABSITE Quest may delete the Customer Data at any time after 30 days from the date of termination. If ABSITE Quest terminates this Agreement for cause as provided in Section 9.3 (Termination for Cause), no refund of any payments for the remaining portion of the Subscription Term will be remitted.
10. ABSITE QUEST TECHNOLOGY.
10.1 Ownership and Updates. This is a subscription agreement for access to and use of the ABSITE Quest Service. Customer acknowledges that it is obtaining only a limited right to use the ABSITE Quest Service and that irrespective of any use of the words “purchase”, “sale” or similar terms, no ownership rights are transferred to Customer under this Agreement. Customer agrees that ABSITE Quest retains all rights, title and interest (including all intellectual property rights) in and to all ABSITE Quest Services. ABSITE Quest Service is offered as an online, hosted product. Accordingly, Customer acknowledges and agrees that it has no right to obtain a copy of the software or intellectual property behind any ABSITE Quest Service and that ABSITE Quest at its option may make updates, bug fixes, modifications or improvements to the ABSITE Quest Service from time-to-time.
10.2 Feedback. If Customer elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to ABSITE Quest (collectively, “Feedback”), Customer hereby grants ABSITE Quest a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise, however ABSITE Quest will not identify Customer as the source of the Feedback without written permission. Nothing in this Agreement limits ABSITE Quest’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
11. ABSITE QUEST COMPETITIONS
11.1 Monthly Top Scorer. To promote year-round engagement with ABSITE exam preparation, ABSITE Quest Services holds a monthly competition for Customers with active, paid subscriptions to “Q-Bank 2023-2024”. Points are earned as each question is completed from the start of the calendar month through the conclusion of each calendar month. Only points earned through questions answered within the “Q-Bank 2023-2024” Qstream are eligible towards the monthly top scorer competition. Customer’s earned points are cumulative and tabulated on Qstream technology’s software platform. Users are able to access their yearly cumulative points directly via their Qstream software. Monthly points however, are not currently displayed on Qstream user leaderboards and will be emailed to all users on a weekly basis to update standings. Customers are limited to winning three (3) monthly competitions within an academic calendar year before being excluded from consideration in future ABSITE Quest monthly top scorer competitions. Medical students enrolled through promotional discount offers are not eligible for competition compensation.
11.2 Additional Competitions. ABSITE Quest reserves the right to hold additional competitions in the future based on Customer’s level of training, residency program institution, points earned in additional ABSITE Quest Qstreams, and/or over different time intervals. Structure of new competitions including reward payout will be announced to all Customers with active subscription(s) to relevant Qstreams.
11.3 Compensation. Compensation reward for ABSITE Quest’s top monthly scorer will be paid to Customer as electronic $100 Amazon gift card and emailed within 30 days to Customer’s email address on file. Other competitions sponsored by ABSITE Quest will be paid in the same fashion for the amount denoted at the beginning of the competition’s announcement.
12. REFERRAL PROGRAM
12.1 Referral Methods. Customers may refer peers to ABSITE Quest Services through the Referral Program by submitting email addresses via website or word of mouth. Referred Peers will receive an email detailing ABSITE Quest Services and offered a Free Access Subscription on trial basis. By participating in the Referral Program, Customer will submit personal information about Customer and peer email addresses. All information collected, stored and/or shared through the Referral Program shall be subject to ABSITE Quest Privacy Policy.
12.2 Referral Conversions. Customers whose Referred Peers purchase a paid subscription package to ABSITE Quest Services through their previously provided email addresses in Section 12.1 or specifically name their referrer on submission of electronic Order Form will count towards compensation for Referral Program. Only new ABSITE Quest Services customers that have not been customers in the past twelve (12) months are eligible towards Referred Peers and Customer compensation for a successful referral. Mock Exam purchases and account upgrade purchases are not eligible for conversion credit or payment.
12.2 Referral Payments. Compensation reward for each successful referral will be paid as electronic $10 Amazon gift card and emailed within 30 days to Customer. Customer may be required to complete a W-9 tax form and/or be issued an IRS Form 1099 for the total value of compensation Customer has earned if worth six hundred dollars ($600) or more in a calendar year.
12.3 Referral Program Participation. By participating in the Referral Program, Customer agrees to the collection and use of provided information by ABSITE Quest and acknowledge that Customer has read and accepted ABSITE Quest’s Privacy Policy. Customer may not participate in the Referral Program where doing so would be prohibited by any applicable laws or regulations. You must be eighteen (18) years or older and a resident of a state in the United States, including D.C., in order to participate in the Referral Program.
In addition, Customer agrees that the following activities are expressly prohibited and engaging in any of these will be grounds for immediate termination and disqualification from the Referral Program, and may lead to the forfeiture of existing referral compensation accrued, but not yet received:
Spam, bulk distribution of invitations, distribution to strangers, or any other promotion of Referral Program email addresses that would constitute or appear to constitute unsolicited commercial email or spam under any applicable law or regulation.
Fraud, attempted fraud, or abuse of the Referral Program or these Terms & Conditions.
12.4 Referral Program Termination. ABSITE Quest reserves the right to terminate and disqualify Customer at any time from participating in the Referral Program if Customer does not comply with any of the aforementioned Terms and Conditions. ABSITE Quest reserves the right at any time to modify or discontinue the Referral Program, either temporarily or permanently (or any part thereof), with or without notice. We will not be liable to Customer in the event of any modification, suspension or discontinuance of the Referral Program. ABSITE Quest reserves the right to amend, modify or waive these Terms and Conditions at any time in its sole discretion.
13. BRAND AMBASSADOR TEAM PROGRAM
13.1 Ambassador Team Members. ABSITE Quest’s Ambassador Team program is structured to promote ABSITE Quest Services locally at various residency training institutions. Brand Ambassadors will be invited based on Customer’s individual engagement & proficiency with ABSITE Quest Services. Ambassador Team members will be offered promotional discounts and early access to future ABSITE Quest Services as well as increased earning potential for their referrals. If you are interested in becoming an ABSITE Quest Ambassador Team member please email support@ABSITEQuest.com.
13.2 Referral Methods. Ambassador Team members are encouraged to refer peers to ABSITE Quest Services through the Referral Program by submitting email addresses via website or word of mouth campaigning. Referred Peers will receive an email detailing ABSITE Quest Services and offered a Free Access Subscription (Demo Q-Bank). All information collected, stored and/or shared through the Referral Program shall be subject to ABSITE Quest Privacy Policy. Only new ABSITE Quest Services customers that have not been customers in the past twelve (12) months are eligible towards Referred Peers and future compensation.
13.3 Referral Conversions. Ambassador Team members whose Referred Peers subscribe and participate in the Free Access Subscription (Demo Q-Bank) and/or subscribe and participate in ABSITE Quest’s paid question bank subscription service (Q-Bank 2023-2024) will count towards referral compensation. Participation includes full enrollment into Qstream and answering at least ten (10) ABSITE review questions in either ABSITE Quest Service.
Successful conversion of referrals will be tracked through matching new subscribers with previously provided email addresses in Section 13.2, enrollment through an Ambassador Team member’s individual weblink, names of referrers on new Customer’s submission of electronic Order Form, and/or enrollment of a new customers with institutional email addresses matching the Ambassador Team member’s local institution. Any of the previously mentioned methods of new customer enrollment will count towards compensation for the Ambassador Team Referral Program.
13.4 Referral Payments. Compensation reward for each successful referral to the Free Access Subscription (Demo Q-Bank) will be $5, referral to paid ABSITE Quest Services (Q-Bank 2023-2024) will be $10, and sums of referral payment compensation will be emailed as an electronic Amazon gift card to Ambassador Team members at the end of each calendar month. Ambassador Team member may be required to complete a W-9 tax form and/or be issued an IRS Form 1099 for the total value of compensation Customer has earned if worth six hundred dollars ($600) or more in a calendar year.
13.5 Ambassador Team Program Participation. By participating in the ABSITE Quest Ambassador Team Program, each Ambassador Team member agrees to the collection and use of provided information by ABSITE Quest and acknowledges that they have read and accepted ABSITE Quest’s Privacy Policy.
In addition, an Ambassador Team member agrees that the following activities are expressly prohibited and engaging in any of these will be grounds for immediate termination and disqualification from the ABSITE Quest Ambassador Team Program, and may lead to the forfeiture of existing referral compensation accrued, but not yet received:
Spam, bulk distribution of invitations, distribution to strangers, or any other promotion of email addresses that would constitute or appear to constitute unsolicited commercial email or spam under any applicable law or regulation.
Fraud, attempted fraud, or abuse of the Ambassador Team Program, Referral Program, or these Terms & Conditions.
13.6 Ambassador Team Program Termination. ABSITE Quest reserves the right to terminate and disqualify an Ambassador Team member or Customer at any time from participating in the program if they do not comply with any of the aforementioned Terms and Conditions. ABSITE Quest reserves the right at any time to modify or discontinue the Ambassador Team Program, either temporarily or permanently (or any part thereof), with or without notice. ABSITE Quest reserves the right to amend, modify or waive these Terms and Conditions at any time in its sole discretion.
14. SUPPORT SERVICES.
ABSITE Quest makes available web-based support through its website (currently available at ABSITEQuest.com/contact). Additional support services may be available to Customer upon receipt of email to support@ABSITEQuest.com. Any support services are subject to this Agreement and ABSITE Quest’s applicable support policies. ABSITE Quest’s ability to deliver services will depend on Customer’s reasonable and timely cooperation and the accuracy and completeness of any information from Customer needed to deliver the services.
This Agreement is effective as of June 23, 2019. Last Updated 1/02/2024.