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.
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.
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.
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 firstname.lastname@example.org 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.
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://184.108.40.206/News.aspx, 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
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.
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:
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.
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.
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.
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.
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.
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 email@example.com or follow the claim notification procedures set forth in our Legal Notices.
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.
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.
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.
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.
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.
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.
Pursuant to California Civil Code Section 1789.3 if you are a California resident you:
If you should have any complaints about Experts.com Services, or need further information about the Services, contact Customer Support at firstname.lastname@example.org.
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.
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of Experts.com.
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.
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.
This Site (excluding links) is controlled and operated from our offices in Stockton, 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.
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at email@example.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.