Table of Contents
A. The Terms
1. Acceptance of Terms
2. Definitions
3. Right to Modify
B. The Website
4. Expertly Answered Site Is a Venue; Third-Party Content
5. Posts Not Private or Confidential; Anonymity
6. No Reliance on Term “Expert”; Verification
7. Information Not Advice; No Client-Professional Relationship
C. User Account
8. User Accounts; Restricted Activities; Suspension or Termination of Service
9. Fees, Deposits and Refunds
10. Receipt of Special Offers and Other Communications
D. Legal Statements
11. Release
12. Proprietary Rights of Content
13. No Endorsement of Non-Expertly Answered Entity; No Relationship with Users
14. Information Control and Storage
15. Exclusion of Warranties
16. Limitation of Liabilities
17. Indemnification
18. Press Release Information
19. Choice of Law and Forum
20. Agreement; Miscellaneous
A. The Terms
1. Acceptance of Terms
Welcome to the www.ExpertlyAnswered.com ("Site") owned and operated by Expertly Answered, LLC. ("Expertly Answered", or “EA”). By using the Site in any way, you are agreeing to comply with and be bound by this Agreement, any related agreements including, without limitation, the Privacy Policy, Expert Agreement for Experts, The Referral Program Agreement for affiliates and referrers (collectively "Related Agreements"), and all rules, policies and disclaimers (including FAQs for Customers and Experts and Expert Handbook for Experts) posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all the Terms, do not use the Site. Please review all of the Terms carefully before using the Site.
By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.
2. Definitions
The Terms, "User," "you" and "your" refer to the individual or entity that creates a Expertly Answered account as a Customer and/or Expert. "Expertly Answered," "we," "us" and "our" refer to Expertly Answered. "Customer" refers to the person who asks a question on the Site. "Expert" refers to the person who answers a question on the Site.
3. Right to Modify
Expertly Answered may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
B. The Website
4. Expertly Answered Is a Venue; Third-Party Content
The Expertly Answered Site is a venue for informational and educational purposes to allow Customers to ask questions and Experts to answer them. Experts on the Site, not Expertly Answered, provide the content in questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site ("Posts"). The Experts determine which questions to answer; Experts are not employees or agents of Expertly Answered but are, like Customers, simply Users of the Site.
Expertly Answered is not involved in the conversation between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You acknowledge that Expertly Answered cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of questions or answers. Accordingly, Expertly Answered is not liable for any acts or omissions of Experts, content in Posts, the ability of Experts to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, Expertly Answered reserves the right, but is not obligated, to refuse to post or to remove any content.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
5. Posts Not Private or Confidential; Anonymity
The Site is an Internet-based venue. Information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site (collectively "Posts") is not private or confidential and may be read, collected, and used by others.
6. No Reliance on Term "Expert"; Verification
Expertly Answered verifies certain credentials of Experts in some but not all of the categories. Expertly Answered performs these verifications. The results are only as accurate as the information provided by the verification process, as of the time of the verification. User verification on the Internet is difficult; Expertly Answered makes efforts to verify, but cannot warrant or guarantee, a User's purported identity. For these reasons, Expertly Answered cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Experts.
Throughout this Site, the term "Expert", is used to refer to Users who answer questions on the site. Use of this service provides no assurance that the person answering your question has any expertise or qualifications relating to the particular category or to give such response. Information provided about Experts is provided by those Experts and although verified by Expertly Answered, it is with the limited exceptions noted above.
Expertly Answered will not be liable for any loss or damage caused by your reliance on any information or content contained in Answers.
7. Information, Not Advice; No Client-Professional Relationship
Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
Communications on this site do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits. Expertly Answered shall not be held liable if parties choose to meet outside of and away from the website.
C. User Accounts
8. User Accounts; Restricted Activities; Suspension or Termination of Service
When you register as a User on the 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, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Expertly Answered of any unauthorized use of your password or account. You should only create one account on the Site. If any Expertly Answered account of yours has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active Expertly Answered accounts.
Any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Expertly Answered has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be competitive with Expertly Answered or the Site (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections); (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without Expertly Answered's prior written consent.
Please note: You may choose to turn meet in person with someone who you met through EA. In this case, you agree to pay a finder’s fee to EA equal to one hour of your regular stated (not earned) fee.
If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to Nancy@ExpertlyAnswered.com. Cancellations will be effective within 7 business days. All debts and fees must be paid before cancellation can take effect. Termination of your account does not affect your liability or obligations under the Terms.
At any time, without notice, for any or no reason, Expertly Answered reserves the right to refuse service to anyone, to modify or discontinue any portion or all of the Service, and to suspend or terminate Users’ accounts.
9. Fees, Deposits and Refunds
You select the Expert that you are willing to pay for an answer. A portion of this price will go to Expertly Answered for the use of its Site. The rest will go to the Expert with whom you work.
To honor the time Experts spend helping you, you are required to accept an answer (and pay the amount you agreed to pay).
Once you've accepted and paid for an answer, you have no right to a refund.
Expertly Answered maintains the right to initiate special incentive and pricing programs. These may be limited, at Expertly Answered’s sole discretion, to defined and limited Users or non-Users.
10. Receipt of Special Offers and Other Communications
By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from Expertly Answered per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your Expertly Answered profile.
D. Legal Statements
11. Release
Users are responsible for their acts and omissions and content placed on the Site. Because the Expertly Answered Site is a venue, in the event that you have a dispute with one or more Users, you release Expertly Answered (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
12. Proprietary Rights of Content
You acknowledge and agree that Expertly Answered owns the rights to its website www.ExpertlyAnswered.com and all of the non-third-party content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Expertly Answered, Expertly Answered Users, or Expertly Answered Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
You agree that Posts on the site, or materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of Expertly Answered, will not be considered confidential and may be used by Expertly Answered, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials.
You grant to Expertly Answered a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.
13. No Endorsement of Non-Expertly Answered Entity; No Relationship with Users
Expertly Answered may endeavor to offer to its Users products and services offered by non-Expertly Answered entities. Placement of information, logos, links or names of such non-Expertly Answered entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold Expertly Answered harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venture, or employee) is created between you and Expertly Answered or between any User (including Customers and Experts) and Expertly Answered by formation of this Agreement (or any of the Related Agreements) or by your participation on the site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
14. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that Expertly Answered is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that Expertly Answered is not responsible or liable for the deletion or failure to store content and/or other information.
15. Exclusion of Warranties
EXPERTLY ANSWERED SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. EXPERTLY ANSWERED DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPERTLY ANSWERED DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, EXPERTLY ANSWERED’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES WILL EXPERTLY ANSWERED BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK.
16. Limitation of Liabilities
IN NO EVENT SHALL EXPERTLY ANSWERED, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO EXPERTLY ANSWERED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You and Expertly Answered agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
17. Indemnification
You agree to indemnify, defend and hold Expertly Answered, any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. To the extent any such claim is brought to Expertly Answered’s attention and not to your attention, Expertly Answered shall provide you reasonable notice of such claim. Expertly Answered shall be entitled to participate in the defense of such claim.
18. Press Releases and Third-Party Press About Expertly Answered
The Site may contain press releases and other information about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us. Likewise, third-party press about Expertly Answered or the Site should not be relied upon as being provided or endorsed by Expertly Answered.
19. Choice of Law and Forum
CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.
DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between the parties, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the user’s email address on file with Expertly Answered, or (b) Expertly Answered Corp., 149 Crystal Rock Rd, Bailey CO 80421 or Nancy@ExpertlyAnswered.com, whichever is applicable ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at $50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the San Francisco County, California courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
20. Agreement; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Expertly Answered' employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Expertly Answered), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Expert Agreement and Privacy Policy will prevail for Experts, over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, the Expert Handbook, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Expertly Answered’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Expertly Answered’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
You may not assign the Terms to any other party. Expertly Answered shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Expertly Answered. No delay or omission on the part of Expertly Answered in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
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