|
 | Terms of Use and Service Effective September 20, 2000 |

 |
 |
This is an agreement between you (the user of this website for any purpose) and Experts.com regarding your use of, without limitation,
Experts.com's website, database, computer, interactive information, communication, and transaction service allowing
access to the expert listings, directory searches, consultation, advertising, and other expert services
(the "Experts.com Service").
BY REGISTERING WITH OR USING EXPERTS.COM, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
If you do not agree with the terms and conditions of this Agreement, please exit our site at this time.
-
Definitions
This Agreement ("User Agreement" or "Agreement" or "Terms of Service" or "Terms of Usage"),
including the Legal Notices and links to the Privacy Statement,
contains the entire terms and conditions that apply to your use of Experts.com's services ("Services") and its
website and/or co-branded websites which Experts.com may operate or host from its or co-host servers (collectively referred to
herein as "Site").
In this Agreement, "expert" or "experts" means any person or entity that is an authority in a
discipline that requires specialized knowledge and experience.
-
Nature Of Experts.com Service
Experts.com Service is designed to allow experts to promote their services to prospective clients. The Site acts
as a communications venue for the exchange of information between experts and their prospective clients. Experts.com
is not responsible for the content of communications among Users, whether accomplished through the use of the Site or
otherwise.
Because User authentication on the Internet is difficult, Experts.com cannot and does not confirm that Users are who
they claim to be. Experts.com does not warrant the truth or accuracy of what the experts have represented to
Experts.com or what they have requested to be listed and made public on the Site. Specifically, without in any way
limiting any other provision of this Agreement, Experts.com does not control, warrant, or guarantee the quality, safety or
legality of the items advertised, the truth or accuracy of the listings, the ability of the experts to render expert services,
or consumers of expert services to purchase them. Furthermore, Experts.com does not control, warrant, or guarantee that the
experts will receive any particular number of leads, or solicitations, that the experts will ultimately honor the proposals they
offer, that prospective customers will enter into an Agreement or will select an expert through Experts.com Service.
Finally, Experts.com does not control, warrant, or guarantee that any User is who he or she claims to be or is not acting
under false pretenses.
Experts.com may, at its sole discretion, take actions to verify the accuracy of information
presented by Users of the Site. Such actions do not limit, expand, or otherwise affect its obligations under this Agreement.
For an example, Experts.com may endeavor to establish a user-initiated feedback system to allow you to evaluate the experts
with whom you are dealing. Experts.com also encourages you to communicate directly with other Users or other professionals
to help you evaluate with whom you are dealing. Please practice safe usage. If you have any concerns about an individual,
take measures to safeguard yourself. Users may contact the regulatory agency in your state or local association to verify
license or membership status where applicable. Information supplied by Users could be offensive, harmful or inaccurate, and
in some cases will be mislabeled or deceptively labeled. Experts.com expects that you will use caution -- and common sense --
when using the Site.
-
Registration Process
All experts who wish to be registered in the directory and all other Users who wish to contact any of Experts.com's
registered experts using the Site (collectively "Users" or "you"), must register using Experts.com's
registration process ("Registration Process"). We require the Registration Process so that Users can obtain a username ("User Name" or "Member Name"
or "Login" or "Login Name") and a password. Your User Name will be used to identify you on
Experts.com. You may log in to Experts.com, use the Services or modify your information, only through your User
Name and password. You may not have more than one account or User Name with Experts.com. By registering with Experts.com,
you certify that the contact information you provide in the Registration Process is accurate and belongs to you.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur
under your User Name and password. You agree to notify Experts.com immediately at
webmaster@experts.com of any unauthorized use of your account or any other breach
of security you learn about.
Your receipt of an electronic confirmation from Experts.com that your Registration Process is complete does not constitute an acceptance
of your registration. Experts may require additional verification information before accepting your registration and
reserves the right at any time to decline, suspend, or terminate your membership as set forth in this Agreement.
-
Fees
-
Experts.com's fees are subject to change at any time and for any reason. Experts.com reserves the right
to modify the membership program, dues, fees, charges or rates at any time upon notice consistent with this
Agreement.
-
You as the User are responsible for paying all applicable taxes for services and any other costs you incur
through the use of or access to our servers.
-
All fees are quoted and payable in United States dollars.
-
Experts.com provides links to other sites on the World Wide Web. Some of the Internet sites you visit through
these links assess separate charges for the content, goods or services they provide. Costs, taxes or other
charges you incur when visiting these web sites are your sole responsibility.
-
Experts.com provides its directory listings services to prospective clients of the experts at no charge.
-
Experts.com requires experts to maintain a membership with Experts.com.
-
To be listed in Experts.com as an expert, you must complete the Experts.com Registration Process and
choose a method to pay your membership dues, fees and charges. Only experts, as defined above, are eligible
for membership with Experts.com. Experts.com reserves the right to reject any request for membership.
A membership cannot be assigned or transferred. You agree to be responsible for all membership dues, fees,
or charges incurred on your account by you, or any one you allow to use your account in violation of this
Agreement, including, but not limited to, your professional colleagues, former Experts.com members, or
family or friends.
-
Annual memberships approved prior to and effective on January 1, 2000 will be renewed on or after January 1
of each calendar year thereafter, subject to the conditions and fee structure then in effect.
-
Upon approval, every expert who has completed the Registration Process and has become a member on or after
January 1, 2000, will receive a twelve-month membership, entitling the expert to benefit from twelve months of
Experts.com Service through the annual calendar anniversary date of the membership's approval.
Thereafter, the membership will be renewed subject to the conditions and fee structure then in effect hereunder.
-
You may always contact Experts.com customer service by e-mail or telephone concerning the billing of
membership dues, fees or charges or other questions regarding the status of your membership account.
However, if your inquiry is not resolved to your satisfaction within fifteen (15) business days of calling
or sending e-mail and in no event later than ninety (90) days after you should have discovered a questionable
billing or other discrepancy in your membership account, you must write to "Customer Service Department,
Mailing Address:
Experts.com, 2800 W. March Lane, Suite 340, Stockton, CA 95219" by United States mail. Failure to write within these time frames waives your
right to question the status of your account.
-
Your membership is automatically renewed on the annual calendar anniversary date of membership approval at the
then current conditions and fee structure unless you notify Experts.com in writing thirty (30) days in
advance of membership renewal, or as otherwise allowed by Experts.com customer service policies, to change
your membership status. Prior to renewing your membership, Experts.com will advise you of any renewal options
and the then existing membership dues, fees, and charges by sending notice as required under this Agreement.
Failure to maintain a current and working e-mail address in your Experts.com membership account constitutes a
waiver of your right to automatically receive this information through any other means, electronic or otherwise.
-
You must provide your exact billing address and telephone number to properly process your membership application
and corresponding dues, fees, and charges. Experts.com accepts Major Credit Cards including Visa and
MasterCard as forms of payment. Experts.com encourages you to keep your membership current through the
convenient use of a credit card. There is no surcharge for using your credit card to pay membership dues, fees,
and charges. You can also request that Experts.com accept bank drafts including personal checks, money orders,
cashiers checks, and company checks made payable to Experts.com. However, for these non-credit card payment
methods, Experts.com may not credit your account until additional membership application procedures are completed
and after our bank certifies receipt of funds - typically ten (10) business days. Experts.com may charge a
twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned
unpaid for insufficient funds or any other reason.
-
Experts.com expects you to ensure that your membership account balance is paid on time. During the
Registration Process, you must submit an accompanying payment and/or payment authorization. If you pay by
credit card, you must keep an acceptable and currently working credit card on file with Experts.com. If your
credit card expires or otherwise declines payment your registration will be suspended. Thereafter, you have
thirty (30) calendar days from the date your membership dues, fees and charges were posted to your membership
account to submit remittance. If your payment is more than thirty (30) calendar days past due an additional
15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of
the late payment, and the entire amount of your unpaid membership dues, fees, charges or other outstanding
balance (if any) plus this assessment will become immediately due and payable. You are responsible for your
membership dues, fees, and charges, including collection and legal fees Experts.com may incur in collecting
a balance owed by you.
-
Your membership may be canceled or terminated at any time in accordance with the terms of this Agreement.
However, no portion of your outstanding or pending payments for membership dues, fees, or charges is
refundable by Experts.com. You will remain liable for any outstanding membership dues, fees, charges,
or other monetary obligations incurred hereunder before cancellation or termination of your membership.
-
Amendment
Experts.com may modify this agreement or Privacy Statement at any time in its sole discretion. Any modification is
effective immediately upon either a posting on the Experts.com News, currently located at
http://www.experts.com/news.asp,
or by a message from Experts.com sent by electronic mail, or by conventional mail. If any modification to this
agreement is unacceptable to you, you may immediately terminate your subscription (described below).
However, if you do not terminate your registration, or continue to use the Experts.com, following notice of any
modification to this agreement, your continued use will mean that you have accepted that modification
-
Privacy
You are providing your contact information ("email" or "phone" or "address")
for the purposes of registering as an expert or to otherwise access the Experts.com Service. Correctly entering
your contact information is important so that Users requiring expert assistance can contact you. Occasionally, you may
receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the
members of Experts.com. If you do not want to receive newsletter and updates, you may opt out of that service from
within the Members section.
Experts.com may display URLs or icons that allow Users to link to other web sites. Any content, representations,
or warranties made on such other web sites regarding privacy or any other matter are the sole responsibility of the
operator of the site, and Experts.com assumes no liability, obligation, or responsibility for such content,
representations, or warranties.
For more information regarding Experts.com's protection of your information, please consult
Experts.com's Privacy Statement, which is
incorporated herein by this reference.
-
Guidelines for Use
Experts.com Services and Site are only available for use by individuals who are age 13 or over.
The Services and Site may not be used by scripts, machines or automated services.
Experts.com Services and Site may be used only for lawful purposes. You must comply with all
applicable local, state, national and international laws, regulations or
conventions, including without limitation those related to data privacy,
international communications, and exportation of technical or personal data. You
may not use the Experts.com Services or Site for any criminal or illegal
activities or any activities that might be legally actionable.
Experts.com reserves the right to determine what constitutes Internet abuse and
objectionable conduct. If Experts.com believes, in its sole discretion,
that a violation of these Guidelines has occurred, it may take responsive
action. Such action may include, but not be limited to, permanent removal of
illegal or inappropriate information or content, or suspension or termination of
your membership and access to Experts.com Services. Examples of
objectionable conduct and content that violate these Guidelines include, but are not limited to, the following:
-
Posting, transmitting, or linking to any text, image, file, code, or any other content
or material on the Site in violation of any applicable state or federal laws.
-
Posting, transmitting, or linking to any text or images
that are sexually explicit, pornographic, racially or ethnically objectionable,
or grossly offensive to the online community.
-
Posting, transmitting, or linking to defamatory and libelous statements or
other statements that would violate any third party's privacy or publicity rights.
-
Impersonating any person or using a name that you are not authorized to use.
-
Planning illegal activities, such as creating computer viruses, building a bomb, or
counterfeiting money.
-
Promoting any products or services that are unlawful at the location at which the content is
posted or received.
-
Posting any content that infringes any third party's intellectual property rights or
violates any confidentiality agreements or contracts of employment.
-
Posting, transmitting, or linking to statements that are intentionally false or misleading.
-
-
Spamming, flaming, or other similar activities, including using information obtained from Experts.com to communicate uninvited solicitations or to promote your products or services.
-
Violating the guidelines for academic honesty or other unethical behavior.
Violations of system and network security are prohibited. You agree not to use any device, software, or routine
to interfere or attempt to interfere with the proper working of the Site or any session being conducted on the Site.
You may not misuse system resources including but not limited to employing posts or programs which consume
excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts,
or auto-responders other than for your own account. You also agree not to use your Experts.com-issued password
for any unauthorized or prohibited purpose. If you notice a problem with other members not following these
Guidelines, please notify us by contacting Customer Support.
-
Content License
Experts.com enables registered experts and Users to provide addresses, phone numbers, descriptions, pictures, comments and
other content ("Your Content") to its Site. When you post Your Content on the Site, you understand and
agree that Your Content can be viewed and used by other visitors to the Site.
You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content
by Experts.com and its affiliates will not infringe upon or violate the rights of any third party.
Before you use Experts.com Services to post any information or content that is protected by intellectual property laws,
you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with Experts.com and posting Your Content on the Site, you hereby grant Experts.com
a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sublicensable, worldwide, royalty-free license
to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative
works from Your Content in any form, media or technology, whether now-known or hereafter developed.
-
Offensive Material
YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE EXPERTS.COM SERVICE MAY INCLUDE MATERIALS THAT
ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK.
EXPERTS.COM AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
-
Commerce on the Internet
Through your uses of the Experts.com Service, you may have opportunities to order and purchase merchandise or
services from other subscribers to the Experts.com Service and Users of other communications outlets such as the
Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the
Experts.com service, including but not limited to the purchase terms, payment terms, warrantees, guarantees,
maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers.
Experts.com and its affiliates make no warranties or representations whatsoever with respect to your goods and
services, or with respect to the qualifications of any third party purchaser. You agree not to resell, reproduce,
or copy information obtained from Experts.com or through Experts.com Services, nor exploit your membership
or association with Experts.com for a commercial or advertising purpose, except as otherwise authorized herein,
without the express written permission of a corporate officer of Experts.com.
-
Experts.com Property Rights
The content, layout, design, concept, and organization of the Experts.com Site and Services are subject to
Experts.com's patents, copyrights, trade secrets, and other intellectual property rights. All rights are reserved.
You acknowledge and agree that Experts.com owns all right, title and interest in (i) the Services; (ii) the Site;
(iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other
intellectual property rights therein. Any use of the Experts.com Services, Site, technology, and/or the copyrights,
patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed
and is strictly prohibited.
You agree that you will obtain the express written permission from Experts.com before you copy, upload, transmit,
reproduce, distribute or in any way exploit any Experts.com Services, technology and/or the copyrights, patents, trademarks
or the other intellectual property rights, obtained through the Experts.com Site. In addition, you agree not to copy the
layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after
termination. This Agreement does not constitute a license to use Experts.com's trade names, service marks or any other
trade insignia. Any use of Experts.com's trade names, services marks or any other trade insignia shall be subject to
Experts.com's prior written consent.
-
Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Experts.com has designated an agent to receive
notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that
constitutes copyright infringement, please notify our designated agent at Experts.com at
support@experts.com or follow the claim notification
procedures set forth in our Legal Notices.
-
Disclaimers of Warranty
Other than providing a framework in which experts provide their personal listings, contact information, and professional
description, Experts.com does not review or verify the content of postings at its Site. The experts who participate
at Experts.com have not been licensed, certified or tested, nor have they met any requirements other than completing
our registration process, which has not been reviewed or verified by us.
YOU EXPRESSLY AGREE THAT USE OF EXPERTS.COM SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE
PROVIDED ON AN "AS IS" BASIS.
EXPERTS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. EXPERTS.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EXPERTS.COM MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. EXPERTS.COM DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE
free of computer viruses or other harmful materials. Nor does EXPERTS.COM MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY,
WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
-
Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL
EXPERTS.COM, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR
DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES
("EXPERTS.COM AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i)
FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE
INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA
OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR
ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN
IF EXPERTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES
PROVIDED BY EXPERTS.COM SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE
SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR
LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
- No Agency
Experts.com is completely independent from you. You agree that you are not engaged in any agency, partnership,
joint venture, employee-employer, franchisor-franchisee or any other similar type of relationship with Experts.com,
and no such relationship(s) are intended nor created by this Agreement.
-
Indemnification
Experts.com provides its Services and Site to Users on the assumption that you will act professionally
and responsibly. If you do not, you must bear full responsibility for your actions. As a User of the Experts.com
Service, you agree to defend, indemnify and hold harmless Experts.com, its officers, directors, employees and agents
from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys'
and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of
the Services or the Site; (iii) all conduct and activities occurring under your User Name and password; (iv) any
defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or
contention that Your Content or your information and data infringes any third party's patent, copyright or other
intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's
access or use of Your Content or your information and data. Experts.com reserves the right, at its own expense,
to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation
to do so. You shall not settle any such claim or liability without the prior written consent of Experts.com, which
shall not be unreasonably withheld.
-
Term, Termination
This Agreement shall be effective for as long as you use the Services.
You may terminate this Agreement with or without cause, upon thirty (30) days notice to Experts.com.
Experts.com may terminate this Agreement immediately if, based on Experts.com's sole judgment, it
determines that you have (i) breached this Agreement or the Guidelines established for the use of Experts.com Services
or Site, (ii) infringed or violated any intellectual property right of Experts.com or (iii) infringed or violated any
intellectual property right or privacy or publicity right of a third party. Experts.com reserves the right to modify
or discontinue the Service or any portion thereof with or without notice to any User. Experts.com shall not be liable
to any User or any third party should Experts.com exercise its right to modify or discontinue the Service, except
that, if the service is discontinued though no fault of the User, a User who has paid an annual fee for services shall
be entitled to a pro rata refund of the unused portion of the fee.
The termination of this Agreement shall terminate your access to the Services. Experts.com shall not be
liable to you or to any third party for termination of the Services for any reason. The termination of this
Agreement does not relieve you of your obligation to pay any Fees accrued or payable to Experts.com prior
to the effective date of termination of this Agreement.
Upon termination of this Agreement, the perpetual license you have granted to Experts.com shall
continue. Provisions, which by their nature would be expected to survive
termination, shall survive and remain in full force and effect in accordance with their terms.
-
Export Control Compliance
You agree to abide by U.S. and other applicable export control laws and not to transfer, by
electronic transmission or otherwise, any content or software subject to restrictions under such laws to
a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government
authorization. You further agree not to upload to the Site any data or software that cannot be exported without
prior written government authorization, including, but not limited to, certain types of encryption software.
The export control laws of the United States and other jurisdictions regulate the export of certain technology.
This includes email transmission of certain information to foreign countries and foreign nationals. You agree
to abide by these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, and Syria may not
legally access Experts.com.
-
Consumer Rights
Pursuant to California Civil Code Section 1789.3 if you are a California resident you:
-
may have these Terms of Service e-mailed to you by sending a letter to the
foregoing address with your e-mail address and a request for this information;
-
may obtain service pricing information on membership dues, fees, charges and
rates by reviewing these Terms of Service, sending a letter to the foregoing address with your e-mail
address and a request for this information or by calling 1-866-2-EXPERTS (866-239-7378), 1-209-477-5100 (Outside USA).
If you should have any complaints about Experts.com Services, or need further information about the Services,
contact Customer Support at
support@experts.com.
The Complaint Assistance Unit of the California Division of Consumer Affairs may be contacted in writing at
1020 N Street, Suite 501, Sacramento, CA 95814 USA or by telephone at (916) 445-1254.
-
No Assignment
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without
the prior written consent of Experts.com.
-
Severability
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions
shall continue in full force and effect. Experts.com's failure to act with respect to a breach by you or others
does not waive Experts.com's right to act with respect to subsequent or similar breaches.
-
Force Majeure
Experts.com will not be liable in any amount for failure to perform any obligation under this agreement if such
failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including
without limitation Internet outages, communications outages, fire, flood, war, or act of God.
-
Applicable Law and Jurisdiction
This Site (excluding links) is controlled and operated from our offices in Redwood City, California.
You agree that all matters arising from or relating to the use and operation of the Site and Services shall be
governed by the laws of the State of California and the United States of America, without regard to conflicts of
laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State
of California and the United States of America. The federal and state courts of the State of California located in
San Francisco shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising
from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal
jurisdiction of such courts over you; and (ii) service of process being effected upon you by either email or
registered mail sent to the address you provide Experts.com in connection with your subscription for services.
Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any
documents be made upon you pursuant to the provisions of The Hague Service Convention.
-
Notices
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email,
to us at support@experts.com, and to you at
the email address you provide Experts.com during the registration process, or to such other address as either
of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent,
unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be
retained.
Experts.com may modify the terms of this Agreement at its sole discretion by posting modifications on its website.
Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications.
If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement.
|  |
|
|
|
 |
 |
 |
©Copyright 1994-2008 Experts.com. All Rights Reserved.
|
|
 |
|