This Policy is effective as May 1st, 2008.

1. GENERAL

Who we are:

Quenchmark^TM is a web-based service that allows users to benchmark data and ideas, to generate opinion polls or surveys, to compare and validate data and ideas, to obtain collective intelligence regarding a specific topic, and to develop best practices and performance measures.

Quenchmark^TM is owned and operated by GeoAdvice Engineering Inc. ("we" or “the Company”). We provide and maintain this Internet Web site (“Quenchmark.com” or the "Site") for the User’s benefit. On our Site we provide hosted tools and processes to allow you (“you” or “User” can be a visitor (which means that you simply browse the Site) or a member (which means that you have registered with Quenchmark.com and that you have an account)) to create topics and questions, to answer questions, and to compare your answers to those of the other Users.

Quenchmark^TM services are hosted in Canada.

The use of the Site is provided to you subject to the terms and conditions set forth in these Terms of Use ("Terms of Use" or "Agreement") and our Privacy Policy set forth on this Site. This Agreement between you and the Company is legally binding and supersedes all prior agreements between us.

Acknowledgement and acceptance:

Please read the following terms of this Agreement carefully. By completing the registration process, you accept and agree to all of the terms and conditions set forth in this agreement and in our Privacy Policy. You are only authorized to use the Site services if you agree to abide to this Agreement and to all applicable laws. If you do not agree with this Agreement you should stop using Quenchmark.com immediately and leave the Site. If you wish to become a member and use the Site services, you must read this Agreement and indicate your acceptance during the registration process. You also agree to be bound to any modification that we may introduce in this Agreement. Therefore we recommend that you regularly review this Agreement in order to be updated about these changes.

2. ELIGIBILITY

By using the Site, you guarantee that

all registration information is correct and accurate;
you will update this information if necessary;
you are 18 years old or older or an emancipated minor or possess legal or guardian consent and are fully able and competent to enter into this Agreement;
in any case, you are over the age of 13; and
you are not violating any applicable law, bylaw or regulation.

We reserve the right to cancel your membership and delete your account if we believe you are not entitled to use the Site.

3. TERM

This Agreement shall remain in effect while you use the Site and even after you cancel your membership. Both parties (you and we) can terminate the membership/account at any time. In particular we will terminate your access to Quenchmark.com if, by your use of the Site or by your conduct you infringe on this Agreement.

4. REGISTRATION AND PASSWORD

You will provide current, complete, and accurate information in the registration section of the Site. You will further update and keep that information current as needed. You will provide a password in order to create and access your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email or any other breach of security you become aware of.

Quenchmark^TM is a single user service. Multiple logins and passwords to the same account are not permitted. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate membership/account termination.

5. DATA SUBMISSION AND PROPRIETARY RIGHTS

We do not claim any proprietary rights in the topic, question, answer, data or any other material (called “Content”) that you submit to the Site. After submitting the Content, you remain the only owner of such Content and keep the right to use that Content any way you want, as long as it complies with this Agreement. By displaying any Content, you grant to GeoAdvice Engineering Inc. through Quenchmark.com a licence to use, view, analyse the data and create reports with such Content.

6. CONTENT POSTED

We reserve the right to delete any Content that is in infringement of this Agreement or which may be harmful, threatening, unlawful, defamatory, obscene or otherwise objectionable. Although we may monitor the Site, we assume no responsibility for inappropriate Content or conduct of the Users nor do we assume any obligation to remove any objectionable Content.

You are responsible for the Content that you submit to Quenchmark.com. We do not necessarily review the Content before being posted and Content does not necessarily represent Quenchmark^TM or GeoAdvice Engineering Inc.’s opinions and policies.

The Company and Quenchmark.com are not responsible for the content of any results created on or through the Site nor are they responsible for the responses submitted to any topics or for the results generated by questions and answers. We do not warrant or make any representations regarding the reliability or accuracy of the registration information supplied to Quenchmark.com nor the answers or information regarding a topic whether supplied by you or other users or members of the Site. We do not warrant or make any representations regarding the use or the consequences of the use of any topic, topic responses or topic results nor do we warrant the correctness, usefulness, reliability, accuracy or otherwise of any topics, topic responses or topic results. We are not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on any topic, topic responses or topic results created on or through the Site. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of any topics, topic responses, topic results or other information received while using Quenchmark.com.

7. CONTENT AND ACTIVITIES PROHIBITED

You agree not to use the Site to:

harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
use automated scripts to collect information from or otherwise interact with the Site;
post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers and email addresses;
solicit personal information from anyone under the age 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
intimidate or harass another;
post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Site;
post, transmit, share, store or otherwise make available Content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its directors, employees or agents to any harm or liability of any type;
interfere with, disrupt, or create an undue burden on the Site;
use the account, username, or password of another User or disclose your password to any third party or permitting any third party to access your account; and
use the Site in a manner inconsistent with any applicable laws, bylaws and regulations.

The above is a partial list of the kind of Content/activity that is prohibited on the Site. We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violate this provision. We may deactivate your account as we deem appropriate or necessary, without notice. You enter and use the Site at your own risk. We are not responsible for your activities, topics, questions, answers, content, data, or any other matter concerning your use of the Site. We recommend that you keep track of your topic results, questions, answers and other data in your own personal records, as we reserve the right to discontinue your use or account at any time. We are not responsible for the deletion of any data that is in or has been added to your account. If your account remains inactive for a period of 18 months, we reserve the right to deactivate the account.

8. LIMITATION ON LIABILITY

In no event will the Company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or any of the Site content or other materials on, accessed through the Site, even if the Company is aware or has been advised of the possibility of such damages. You acknowledge that if no fees are paid to the Company for the use of the Site, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the Company, regardless of the cause of action.

9. MEMBER DISPUTES

You shall be responsible of any dispute arising from your interactions with other Users. We may, but do not have the obligation to monitor such disputes.

10. PRIVACY POLICY

By using Quenchmark.com you also agree to be bound to the Privacy Policy, which is part of this Agreement by this reference.

11. DISPUTES INVOLVING GEOADVICE OR QUENCHMARK^TM

If there is any dispute about or involving Quenchmark.com or the Company, you agree that the dispute shall be governed by the laws of British Columbia, Canada. You agree that all means must be exhausted before going to litigation. By all means we mean: negotiation, case management, mediation, etc.

12. INDEMNITY

You agree to indemnify and hold Quenchmark.com, the Company and its directors, employees and agents, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party arising out of your use of the Site in violation of this Agreement.

13. TRADEMARKS

Any of the trademarks, service marks, collective marks, personality rights or similar rights that are mentioned, used or cited on this Site are the property of their respective owners. Unless otherwise stated this Site is neither endorsed nor affiliated with any of the holders of any such rights and as such this Site cannot grant any rights to use any otherwise protected materials. Your use of any such rights is at your own risk.

14. OTHER

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Site and is accepted upon your use of the Site and is further affirmed by your becoming a member. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

If you have any question regarding this Agreement, please contact GeoAdvice Engineering Inc.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL THE PROVISIONS CONTAINED ABOVE.

PRIVACY POLICY

Date of last revision: May 1st, 2008.

We are committed to protecting the privacy and confidentiality of Users' information. If you decide to become a member and create an account with Quenchmark.com, we will ask you a user name, a valid email address and a password.

1. PRIVACY

You are responsible for all decisions with respect to the personally identifiable information of persons who respond to your topics, questions, opinion polls or surveys or to whom you send topics, questions, opinion polls or surveys. You represent and warrant that your questions, opinion polls or surveys will not target children under 13 and that you will not knowingly collect personally identifiable information from children under 13.

2. CONFIDENTIALITY

We agree not to use any of your Confidential Information (as defined below) for any purpose except to operate the Site in accordance with this Privacy Policy and The Terms of Use. We agree not to disclose any of your Confidential Information to any third party other than our directors, employees and contractors who are bound by confidentiality obligations and are required to have access to the Confidential Information to operate the Site. Nothing in this Privacy Policy limits our right to independently develop, acquire or market products, ideas or businesses without use of your Confidential Information. "Confidential Information" includes:

Username
Email address
Description

3. TRANSMISSION AND STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION

Quenchmark^TM stores personally identifiable information and other personal information of Users in databases protected by passwords, firewalls and lockers to prevent the loss, misuse or alteration of personal information. We use modern security technology to protect personal information submitted to us. Unfortunately, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we are vigilant in protecting personal information transmitted to us, we cannot guarantee its absolute security.

4. SECURITY

Quenchmark.com member accounts are secured by member-created passwords. We take precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to employees who need to perform their job functions. Please note that we cannot guarantee the security of member account information.

5. SHARING AND DISCLOSURE OF INFORMATION THAT QUENCHMARK.COM COLLECTS

Except as otherwise described in this Privacy Policy, we will not disclose personal information to any third party unless we believe that disclosure is necessary:

to conform to legal requirements;
to enforce the Quenchmark.com Terms of Use Agreement or to protect our rights; or
to protect the safety of members of the public and Users of the Site.

We reserve the right to transfer personal information to a successor that acquires rights to that information as a result of the sale of Quenchmark.com.