UPDATED JUNE 4, 2012
1. Notice. ExpertHelp LLC is a Texas limited liability company. The Company has the right at any time to change or discontinue any aspect or feature of the Sites including, without limitation, the content and software needed for access or use the Sites. By agreeing to use the Sites and its Services, you understand and agree to all terms and conditions of this Agreement.
2. Intended Use. The Sites are intended for your benefit to become familiar with and use the services of the Company. By agreeing to use this Site or becoming a registered user of this Site, you understand and agree to the following:
a. Generally. Users, registered users, customer, contributors, experts and other users of the Site are in no way endorsed by or sponsored by the Company. Any statements or information made available by the Company, its employees, agents, affiliates, members, contributors, experts and other users are provided for informational purposes only. The Company does not accept any liability whatsoever for any harm that might result from any statements, opinions, advice or information presented on the Site by members of the Site, including any technical information, copyright ownership, political views, satires, legal or medical information.
b. How the ExpertHelpSM Site works. As a registered user or customer of the Site, you have the ability to pose questions to and engage with our community of ExpertHelpSM experts and advisors (the “Experts”). Experts have a monetary incentive in the form of tokens (purchased by registered users and held in a secure holding account) to answer questions posed on an ExpertHelpSM Site. Upon posting a question, the Site will allocate a number of tokens to that question. The Site allows one or more Experts to answer the question, and the customer may reply or post feedback to clarify question as necessary. Once the customer is satisfied with the answer given by an Expert, the customer accepts the answer and the tokens are then awarded to the Expert from a secure holding account.
c. Your ExpertHelpSM Membership Account. There is no cost to have an ExpertHelpSM user account. You should only create one account on the Site. You agree to keep your account and billing information up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and billing information for your ExpertHelpSM account. Once you create a membership account with us, memberships are on-going and do not expire unless you or the Company terminate your membership in accordance with Section 2h of this Agreement.
d. Usernames & Passwords. When you register as a user of this Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify the Company of any unauthorized use of your password or account. As a user of this Site, you agree not to share your account credentials with ExpertHelpSM competitors or aspiring competitors, or with any third parties that seek to reverse engineer or gain other privileged information about our Company, Sites and business processes.
e. ExpertHelpSM Tokens. Our Sites use tokens, instead of cash, as exchange units to award our Experts for their services.
i. Generally. One token is generally worth $1.00 US Dollar. Tokens cannot be purchased outside of our Site and there is no minimum or maximum purchase amount required by our Site. We hold the tokens in a secure “purchased Tokens account” until the tokens are either awarded to the Expert or the tokens expire.
ii. Token Expiration. Any unused tokens will expire thirty (30) calendar days from the date of purchase. If you pose a question on our Site and no answer is accepted by you within 30 days of purchasing the token, the tokens associated with that question expire. Please note, you may cancel a question posed by you within thirty (30) calendar days of posting the question and your token deposit will be credited to the account and available for another question within thirty (30) calendar days of the original purchase or refunded to you.
iv. Disputes. If you have a dispute regarding the allocation and award of tokens, please send us a detailed description of the dispute by email to firstname.lastname@example.org. The Company will do its best to help resolve the dispute. Please be aware, however, that remedies available to you are very limited. For example, the Company may, at its sole discretion, refund of your deposit if such request is made within 30 days of purchase.
f. Site Experts. The Company cannot guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. In the rare instance that an Expert does not respond to your question or you do not accept an answer or request a refund within thirty (30) calendar days of posting your question, you agree that your payment will be retained by the Company and will not be refunded.
g. Information provided on the Site. The transmission, receipt or dissemination of any kind of the information contained on this Site is not confidential and does not create or somehow constitute an attorney-client, doctor-patient, or any other professional or privileged relationship between you and the Company, the Experts, or any other user of this Site. This Site may contains information on legal, medical and professional issues and is not a substitute for legal, medical, or professional advice from a qualified attorney, medical professional, or other professional licensed in your appropriate jurisdiction. Do not rely on any information provided on this Site to make legal, medical, professional or other decisions.
h. Access by Site Experts.
As a registered user of the ExpertHelpSM Sites, you have the optional ability to grant permission to our Experts to access your computer, electronic device, or online account to provide you with technical support, training, or demonstration of certain functions on your computer, electronic device, or online account. Such access by our Experts is subject to the terms and conditions of the license agreement for the computer software, electronic device, account, website, interface, service, or account used to facilitate the access and is only established: (i) upon your request; (ii) after you have consented to such access; and (iii) only for as long as you allow our Experts such access.
Prior to granting access to an Expert, you and the Expert will need to discuss and agree upon when and how to grant such access to the Expert. Your options include, but are not limited to, providing the Expert with: (i) “view only” remote access control by which the Expert will only see the screen of your computer or device; (ii) remote FTP session or server control; or (iii) direct or remote access to your computer, electronic device, online account, usernames, passwords, temporary credentials, software, websites, services, online accounts, and other control panels or interfaces necessary to provide the technical support, training or demonstration required by you.
You should only grant the Expert access to your computer, electronic device, or online account if you feel comfortable with the Expert and only allow the Expert to perform those services that you feel comfortable with. For your own security, please change or disable all passwords, login information, temporary credentials, and any other access information provided to the Expert as soon as the Expert no longer requires such access. If you have any questions or concerns about the Expert or granting access to the Expert, please email us at email@example.com.
By agreeing to grant access to the Expert, you understand and agree that your interactions with the Experts, and any other terms, conditions, warranties or representations associated with such access or dealings, are solely between you and the Expert, and the Company will not and cannot be responsible for any loss or damage incurred as the result of any such access or dealings.
i. Account Termination.
ii. Termination by You. You may cancel your ExpertHelpSM account by emailing us at firstname.lastname@example.org. It may take some time for our Company to verify your email and your request. However, once the Company has verified your request, the account will be deactivated and will be cancelled within five (5) business days of such verification.
j. Becoming an ExpertHelpSM Expert. The Company uses a number of Experts that are provided by a third party sources or vendors. We welcome you to become an Expert and have developed an application process for all of our prospective Experts. If you would like to become an Expert, please provide the following information by email to us at experts@ExpertHelp.com: (i) your full legal name, (ii) list of the category or categories you would like to qualify for, (iii) a cover letter explaining why you would qualify to become an Expert, (iv) your current resume, a copy of any relevant certifications, and (v) the time of the day (Mon-Sun) you would be able to provide support during, in UTC/GMT.
3. Your Information and Materials Posted or Submitted on the Site.
a. As a user of the Site, you will generally have the ability to post, submit, access and review information, promotional materials, and other materials to the Site. You are solely responsible for such information and grant the Company a perpetual, non-exclusive and royalty free license to use such material on the Site and on promotional material disseminated the Company (the “License”). The Company is not responsible for verifying ownership of such materials and cannot represent the same to other users of the Site.
b. You represent, warrant and covenant that (1) you own or otherwise possess all necessary rights with respect to material submitted to the Site, (2) the materials submitted to the Site does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, and (3) you hereby consent to the use of your likeness, and you have obtained the written consent, release and/or permission of every identifiable individual who appears in materials submitted to the Site to use such individual’s likeness, for purposes of using and otherwise exploiting the materials submitted to the Site in the manner contemplated by this Agreement (including the purposes of promoting the Services), or, if any such identifiable individual is under the age of 18 you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to the Company a copy of any such consents, releases and/or permissions upon the Company’s request). If you do submit materials to the Site that contain the likeness of an identifiable individual who is under the age of 18, we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such materials submitted to the Site.
c. The Company will not be liable for any infringement of copyrighted material or other protected material submitted by or offered for sale by users of the Site. You are solely responsible for identifying, verifying, confirming, and maintaining any intellectual property submitted or offered for sale on the Site.
d. As a user of this Site, you agree not to post or submit information, promotional materials, and other materials to the Site that are prohibited by us including, but not limited to those materials prohibited by this Agreement or listed in our Prohibited Content Policy. You understand and agree that the Company reserves the right, at its sole discretion, to determine whether any such material is prohibited by this Agreement.
e. Any unauthorized use of the Site including but not limited to unauthorized entry into the Company’s computer system(s), unauthorized access to information contained on the Site and the Company’s computer system(s), misuse of passwords, posting or submission of infringing materials, or misuse of any information posted on the Site is strictly prohibited, will result in termination of membership, and may subject you to civil and criminal penalties.
4. Our Services.
a. The Company makes no predictions, endorsements, warranties, or guarantees, express or implied, about the truthfulness, accuracy, or quality of any statements, representations, opinions, information, copyright information, photography-related information, and classified advertisements provided by, advertised by, or offered by any user, individual, company, service provider, or third party utilizing the Site or featured on the Site and assumes no liability related thereto.
b. The Company is not responsible for verifying the authenticity or truthfulness of any material posted on or offered from the Site including such materials submitted by our users. The Company is also not responsible for verifying ownership of any copyright materials submitted or offered on the Site. Rather, each user is responsible for verifying and ensuring that he or she has sufficient copyrights and other rights in all materials submitted to the Site.
a. Limitations of Warranties and Remedies. TO THE FULL EXTENT ALLOWED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, TERMS, OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE AND USE OF THE SERVICES PROVIDED BY THE COMPANY. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF THE COMPANY HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.
c. Choice of Law and Venue. THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION. BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE VENUE AND PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS IN DALLAS COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT, OTHER THAN CLAIMS BROUGHT UNDER SECTION 7(E) OF THIS AGREEMENT BELOW. THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE AND PERSONAL JURISDICTION THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DALLAS COUNTY, TEXAS, REGARDING A DISPUTE BETWEEN THE PARTIES RELATING TO THIS AGREEMENT OR ITS ENFORCEMENT.
d. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.
e. Additional Provisions Regarding Liability. You and the Company agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious, or unlawful conduct or damages for strict liability that may not be limited by law.
f. Notices. Any notices or communication sent by you to the Company pursuant to this Agreement will be in writing and sent to the address specified herein or such other address as the Company may specify in writing. All notices must be sent via certified mail to:EXPERTHELP LLC
7. Additional Information.
b. Trademarks. The Company is the owner of the EXPERTHELPSM, EXPERTHELP.COMSM and NAME YOUR PRICESM family of marks and logos. All Site page headers, custom graphics, graphical user interfaces, webpage designs, blogging and chat rooms, and button icons are service marks, trademarks, and/or trade dress of the Company. All rights are reserved. The Company is not responsible for any use of third-party marks by users on the Sites.
c. Copyrights. The Site contains copyrighted material and other proprietary information, including, without limitation, graphics, photography, promotional materials, and other materials. The contents of the Site are protected under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part without prior written permission. No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of the copyright owner(s). Other than a License under Section 3(a) of this Agreement, the Company does not gain any intellectual property rights in materials you post to the Site without agreement by you.
d. Ownership Disputes. The Company does not resolve intellectual property disputes between users or third parties. The Company has submitted an application with the U.S. Copyright Office to designate a “copyright agent” as required by the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”) and is currently seeking approval of the same. If you believe your work has been copied and posted on the Company’s Sites in a way that constitutes copyright infringement, please send the Company’s designated agent for notification of claims of infringement (the “Copyright Agent”) a notice properly describing the infringement as required by Paragraph 8(e) of this Agreement to:EXPERTHELP LLC
e. Notice of Infringement Claims. The Company intends to strictly follow the requirements of the DMCA. Any notice of infringement must include a notification of the claimed infringement and the following: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing URL(s) of the claimed infringing material may be sufficient to satisfy this requirement); (iii) your contact information including your address, telephone number, and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you, made under penalty or perjury, that the information included in the Infringement Claim is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) your physical or electronic signature. If we remove your content based upon a notice alleging infringement of someone else’s copyright, we will notify you that your materials have been removed and provide you with an opportunity to provide us a counter-notice.
The counter-notice must contain: (i) your name, address, phone number and physical or electronic signature; (ii) identification of your material and its location on the Site before removal; (iii) a statement under penalty of perjury that the material was removed by mistake or due to misidentification; and (iv) your express consent to local federal court jurisdiction, or if overseas, to an appropriate judicial body. We will then promptly notify the claiming party of your objection. If the claiming party does not bring a lawsuit in Federal district court within 14 days, we will restore your material to its location on the Site.
f. Attorney’s Fees. You agree that the Company is entitled to its reasonable and necessary attorney’s fees if it is a prevailing party in litigation against you relating to this Agreement or your use of the Site.
g. Representations and Warranties. You represent and warrant that: (1) you own the content posted by you on, through, or in connection with the Site, and (2) the posting of your content on, through, or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of the content posted by you on or through the Site.
BY USING THE SITE, YOU REPRESENT THAT YOU ARE NOT AN ATTORNEY OR AN AGENT OF AN ATTORNEY CONDUCTING AN INVESTIGATION OF A POTENTIAL CLAIM RELATED TO THE SITE, ANY MATERIALS AVAILABLE THROUGH THE SITE, OR THE COMPANY. YOU ALSO REPRESENT THAT YOU ARE NOT ENGAGING IN ACTIVITIES IN AN ATTEMPT TO REVERSE ENGINEER THE SITE, PORTIONS OF THE SITE, OR ANY MATERIALS AVAILABLE THROUGH THE SITE.
h. Idea Submissions. The Company or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to the Company or any of its employees. If, despite our request that you not send us Submissions, you still submit them to us, then regardless of what your letter says, you agree that: (1) your Submissions, any links to Submissions, and their contents will automatically become the property of the Company, without any compensation to you; (2) the Company may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for the Company to review the Submission; and (4) there is no obligation to keep any of the Submissions confidential.
8. Contact Us. If you have any questions or suggestions regarding this Agreement, please contact us at support@ExpertHelp.com.
ExpertHelp LLC is an independent provider of professional support services for 3rd party products and services. Any use of 3rd party trademarks, brand names, products and services is only referential and ExpertHelp LLC hereby disclaims any sponsorship, affiliation or endorsement of or by any such 3rd party.
© 2013 ExpertHelp LLC. All rights reserved. ExpertHelp LLC is the owner of the EXPERTHELP℠, EXPERTHELP.COM℠, and NAME YOUR PRICE℠ family of marks and logos and of this website's trade dress, including the overall look and feel, design properties, distinctive color combinations, typography, graphic designs, photographs and imagery.