ExpertOffice refers to you as the individual creating this ExpertOffice account and Site as the “Site Creator”. If the Site Creator has opened an ExpertOffice Site for or on behalf of a company that he/she represents (the “Company”), then he/she agrees to bind both himself/herself as an individual, and the Company, to all of the terms of this Agreement, and he/she represents and warrants he/she is authorized by the Company to bind the Company to this Agreement.
This Agreement applies to all Site Creators, Authorized Users, Site administrators and the Company, as applicable pursuant to the terms of Registration.
In connection with accessing certain Services, Site Creator and the Company may be asked to consent to additional terms and conditions applicable to such Services (“Service-Specific Agreements”). When the Site Creator and/or the Company consent to a Service-Specific Agreement, the terms of the Service Specific Agreement are incorporated by reference into this Agreement. If there is any inconsistency between the terms of a Service-Specific Agreement and this Agreement, the terms of the Service-Specific Agreement control with respect to the applicable Service only.
In the event that Site Creator, any Authorized User and/or the Company do not agree with the terms and conditions of this Agreement, do not continue to use the Services and do not complete the registration process. Instead, please contact ExpertOffice at firstname.lastname@example.org and an ExpertOffice representative will be happy to discuss your concerns.
Except with ExpertOffice’s prior written consent, Site Creator and the Company may not access the Services if the Site Creator and/or the Company are ExpertOffice’s, or one of our Affliate’s, direct competitors.
ExpertOffice requires the Site Creator, the Company and all Authorized Users to register to use the Site and Services (“Registration”). All users (including administrators and the Site Creator) with duly authorized access to the Services through a Free Trial, Free Subscription or Paid Subscription are referred to as “Authorized Users”. In connection with Registration, ExpertOffice will designate a member name (“Member Name”) and the Authorized User will choose a password for individual use. The Member Name will be used to identify individual Authorized Users on ExpertOffice.
By registering, each Authorized User certifies that the email address provided in the Registration is accurate and belongs to him/her or that he/she has the right to use it; otherwise, if that is not true, ExpertOffice has the option of suspending or terminating all accounts associated with such Authorized User, including its Company’s account if applicable.
Each Authorized User, administrator and the Company are responsible for maintaining the confidentiality of the passwords and for any and all activities that occur under Member Names. Authorized Users and/or the Company are solely responsible for the activity that occurs on the accounts of Authorized Users. Authorized Users and/or the Company must keep the accounts and passwords secure.
Each Authorized User, and the Company, agree to notify ExpertOffice immediately at email@example.com of any unauthorized use of, or access to, an Authorized User’s account or any other breach of security of which an Authorized User or the Company has knowledge. Although ExpertOffice will not be liable for losses caused by any unauthorized use of the Services, Authorized Users and the Company may be liable for the losses of ExpertOffice or others due to such unauthorized use.
2. Email communication
All Authorized Users must provide an electronic mail (“email”) address when registering to access any of the Services. Correctly entering an email address is important so that Authorized Users are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/question you posted receives a comment or a proposed solution). ExpertOffice also uses your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, Authorized Users may receive newsletters and updates with information that ExpertOffice deems to be of interest to Authorized Users. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the Registration process, (ii) after you register by going to your My Account page, or (iii) by clicking on the “unsubscribe” link on newsletters and updates.
3. Free Trial Offer
“Free Trial Offers” last until (a) the end of the free trial period (“Trial Period”) for which Site Creator or the Company register (b) the start date of any Paid Subscriptions ordered by Site Creator or the Company or (c) terminated by ExpertOffice at its discretion.
At the end of a Free Trial Offer if Site Creator and/or and the Company are satisfied with the Services, and we are certain you will be, there is nothing further to do; the payment method provided during Free Trial Offer Registration enables ExpertOffice to continue membership for the Authorized Users with ExpertOffice for the Subscription Period entered in the Registration. Free Trial Offers may be canceled by you at any time.
Submission of a valid payment method is required during Registration in order to take advantage of a Free Trial Offer, and ExpertOffice may seek authorization from the payment provider to insure that such payment method is valid. ExpertOffice receives no money from this initial authorization transaction.
Free Trial Offer days are computed on the basis of calendar days measured from midnight to midnight Pacific Standard Time. Once Site Creator and/or the Company have completed the Free Trial Offer Registration and become a member of ExpertOffice, the payment method will only be billed for the specific plan that was selected. If the Free Trial Offer is canceled prior to the end of the Trial Period, no charges will be incurred.
Free Trial Offers are limited to one per Site Creator and/or one per Company, as applicable.
If payment is not received by the end of the Free Trial Period and the account has not been cancelled, Site Creator and the Company’s accounts will go into a “pending termination” state. At this time, the administrators will receive a “pending termination notice” by email. The administrators of the account will have fifteen days to pay the subscription balance or retrieve user Content if they choose to continue with the termination. If no administrator pays the balance due, the account will be terminated and the Service will no longer be available. ExpertOffice has no obligation to store Content more than fifteen days following the date of termination.
CONTENT TRANSMITTED THROUGH THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR AN AUTHORIZED USER OR THE COMPANY, DURING THE TRIAL PERIOD, WILL BE PERMANENTLY LOST UNLESS A PAID SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL IS PURCHASED, OR SUCH CONTENT IS EXPORTED, BEFORE THE END OF THE TRIAL PERIOD. ALL CONTENT TRANSMITTED THROUGH THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR A SITE CREATOR AND/OR THE COMPANY, DURING THE TRIAL PERIOD, WILL BE OWNED BY THE SITE CREATOR AND/OR COMPANY DURING THE TRIAL PERIOD, BUT WILL BE AUTOMATICALLY TRANSFERRED TO AND OWNED BY THE COMPANY IF CONVERTED FROM A FREE TRIAL OFFER TO A COMPANY-OWNED PAID SUBSCRIPTION. AUTHORIZED USERS AND THE COMPANY CANNOT TRANSFER CONTENT ENTERED OR CUSTOMIZATIONS MADE DURING THE TRIAL PERIOD TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE FREE TRIAL OFFER; IF SITE CREATOR AND/OR THE COMPANY PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE FREE TRIAL OFFER, CONTENT MUST BE EXPORTED BEFORE THE END OF THE TRIAL PERIOD OR IT WILL BE PERMANENTLY LOST.
4. Free Subscriptions
“Free Subscriptions” are available for Site Creators and/or a Company, and provide basic Services without administrative capability, as described more fully in the Registration.
If a Free Subscription is inactive (no logins) for ninety days the account will automatically go into a “pending termination” state. At this time, all Authorized Users will receive a “pending termination notice” by email. The Authorized Users will have fifteen days to stop the termination or retrieve Content if they choose to continue with the termination. If the Authorized User does not stop the termination, the entire account will be terminated and the Services and Content will no longer be available.
5. Paid Subscriptions
All Services paid for by Site Creator or their Company (as opposed to free Services and/or those Services offered pursuant to a Free Trial Offer or Free Subscription) are referred to as “Purchased Services”, and are part of paid subscription plans (a “Paid Subscription”). Purchased Services will be available for the period of time (“Subscription Period”) set forth in Site Creator and/or the Company’s Registration, and will automatically renew for an additional Subscription Period of the same length for the same number of Authorized Users unless ExpertOffice, Site Creator and/or the Company, provide notice of intent to terminate the Paid Subscription. Payment obligations for Paid Subscriptions are non-cancelable and non-refundable.
Each Authorized User and the Company agree that Purchased Services are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by ExpertOffice regarding future functionality or features. ExpertOffice may alter or modify all of part of the Services from time to time. Such alterations and modifications, or both, may include, without limitation, the addition or withdraw of features, products, functionality or documentation.
Purchased Services (i) are provided on a per-user basis to the number and type of Authorized Users set forth in the Registration, and may be accessed by no more than the specified number of Authorized Users, and (ii) allow for additional users to be added during the applicable Subscription Period at the same pricing as that for the pre-existing subscriptions thereunder, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added, and the added user subscriptions will terminate on the same date as the pre-existing subscriptions.
User subscriptions are for Authorized Users only and cannot be shared or used by more than one Authorized User but may be reassigned to new Authorized Users replacing former Authorized Users who no longer require ongoing use of the Services. Site Creator and/or the Company’s administrator can provide access to the number of Authorized Users for access to the Services has been purchased; as such, ExpertOffice is not responsible for misuse of permission setup or accidental invites allowing access to the Services, and such use will count towards Authorized Users permitted in a Paid Subscription.
For Services not yet paid-for, ExpertOffice reserves the right to change its pricing rates and structure at any time. Fees are based on Services purchased and not actual usage.
IF A SITE CREATOR AND/OR AN AUTHORIZED USER ACCESSES THE SERVICES PURSUANT TO A PAID SUBSCRIPTION BY THE COMPANY, THE COMPANY WILL OWN ALL CONTENT AND THE AUTHORIZED USER HAS NO INDIVIDUAL OWNERSHIP OR OTHER RIGHTS TO IT.
If payment is not received by the renewal date for an additional Subscription Period, the account will go into a “pending termination” state. At this time, the administrators will receive a “pending termination notice” by email. The administrators of the account will have fifteen days to pay the renewal balance or retrieve Content as part of termination. If no administrator pays the balance due, all Authorized User’s accounts will be terminated and Services will no longer be available. ExpertOffice has no obligation to store Content more than fifteen days following the date of termination.
If a Paid Subscription is terminated for cause, refund for any unused portion of the Paid Subscription WILL NOT BE RECEIVED BY SITE CREATOR AND/OR COMPANY.
6. Use of the site: Permissions and Restrictions
ExpertOffice hereby grants Authorized Users and/or the Company permission to access and use the Site and Services, as set forth in this Agreement, subject to the restrictions in this Section 6 (“Code of Conduct:
- The 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 without express written consent of the site ownership.
- Non-authorized third-parties may not access the Services.
- Authorized Users and the Company will not reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services.
- Authorized Users and the Company will not copy, frame or mirror any part of the Services, other than for intranet or internal business purposes.
- ExpertOffice Services and Site may be used only for lawful purposes. Authorized Users and the Company may not use the Services or Site to abuse other members or to be involved in conduct that ExpertOffice finds objectionable in its sole discretion. Authorized Users and the Company 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. Authorized Users and the Company may not use the ExpertOffice Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
- Authorized Users and the Company 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. Authorized Users and the Company further agree not to upload any Content 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. Authorized Users and the Company agree to abide by these laws.
Authorized Users and the Company agree not to engage in any of the following activities, which are strictly prohibited under this Agreement:
- Using a Member Name or posting, transmitting or linking to any text or images that are sexually explicit, pornographic, violent, racially or ethnically objectionable or patently 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 or pirating software, serial numbers of products for which you do not have a registered license.
- 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.
- Introducing viruses, worms, harmful codes or trojan horses. Spamming, flaming or other similar activities, such as arguments between any one in a question.
- Violating system and network security.
- Misusing system resources, including but not limited to, employing posts or programs which consume excessive CPU time or storage space, or permitting use of mail services, mail forwarding capabilities, “POP” accounts or auto-responders other than for your own account.
- Altering or modifying the Site or Services except as expressly permitted in writing by ExpertOffice.
ExpertOffice does not actively monitor Authorized User and/or Company use of the Site. We require Authorized Users and/or the Company (including any administrators) to monitor the Site for compliance with this Agreement including the Code of Conduct, and to resolve any disputes among ExpertOffice Authorized Users or other customers.
Notwithstanding the foregoing, if ExpertOffice becomes aware of a violation of the Code of Conduct, other use of the Site in violation of this Agreement or dispute between its customers (including Authorized Users), ExpertOffice reserves the right to determine, at its sole discretion, if such a violation has occurred and/or to resolve such dispute and may take corrective action including permanent removal of illegal or inappropriate information or content, or suspension or termination of Authorized User or Company membership and access to ExpertOffice Service. If an Authorized User and/or Company’s membership is terminated due to a violation of the Code of Conduct, ExpertOffice will have no obligation to refund any unused portion of membership fees.
Authorized Users and the Company are solely responsible for interaction with other ExpertOffice customers and Site users.
ExpertOffice will also have the right to analyze user behavior as a measure of interest in, and use of, or website and emails, both on an individual basis and in the aggregate, and otherwise to collect and create metadata about Authorized User’s use of the Services provided that such metadata is never disclosed to any third-party other than an anonymized and aggregate format.
7. Certain Content Rights
ExpertOffice enables users to post problems or questions, proposed solutions or answers, information, comments and other content to its Site. When Content is posted to the Site, Authorized Users and the Company understand and agree that the Content can be viewed and used by other members who visit the Site with or without attribution.
Authorized Users and/or the Company represent and warrant that they own or otherwise control all of the rights to the Content and that use of Content by ExpertOffice and its Affiliates will not infringe upon or violate the rights of any third-party. Before using ExpertOffice Services to post any information or Content that is protected by intellectual property laws, Authorized Users and/or the Company will have acquired the legal right to do so from the owner or authorized licensee of such information or Content.
“Content” means any data, information, scripts, or other materials an Authorized User or the Company enter into, or otherwise cause to interact with, the Services, whether pursuant to a Free Trial Offer, Free Subscription or Paid Subscription.
8. ExpertOffice Ownership Rights
The layout, design, concept and organization of the ExpertOffice Site and Services are subject to ExpertOffice’s patents, copyrights, trade secrets and other intellectual property rights. All rights are reserved.
Authorized Users and/or the Company acknowledge and agree that ExpertOffice owns all right, title and interest in (i) the Services; (ii) the Site; (iii) any updates, patches, fixes, new versions, customizations or other modifications to the Services of Site, whether made the Company, an Authorized User or ExpertOffice (iv) the technology available on the Services or the Site; and (v) all copyrights, patents, trademarks, trade secrets and other intellectual property rights therein. Any use of the ExpertOffice Services, Site, technology, and/or the copyrights, patents, trademarks, trade secrets or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
Authorized Users and the Company agree to obtain the express written permission from ExpertOffice before copying, uploading, transmitting, reproducing, distributing or in any way exploiting any ExpertOffice Services, technology and/or the copyrights, patents, trademarks, trade secrets or the other intellectual property rights, obtained through the ExpertOffice Site or Services. In addition, Authorized Users and the Company agree not to copy the layout, design, concept and organization of the Site or Services for so long as ExpertOffice owns the intellectual property rights thereto. This Agreement does not constitute a license to use ExpertOffice’s trade names, service marks or any other trade insignia. Any use of ExpertOffice’s trade names, services marks or any other trade insignia will be subject to ExpertOffice’s prior written consent.
9. Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, ExpertOffice has designated an agent to receive notices of claimed copyright infringement. If you or the Company believe Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent Daniella Gammon at ExpertOffice, 2701 McMillan Avenue STE150, San Luis Obispo, CA, 93401, or at firstname.lastname@example.org.
To file a copyright infringement notification with us, send a written communication that includes substantially the following (please consult legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”) to confirm these requirement(s):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
10. Third-Party Sites
11. Information Security
ExpertOffice utilizes industry standard technology for Internet security. When accessing the Site using industry standard secure socket layer (SSL) technology, information is protected using both server authentication and data encryption, for the purpose of making it available only to Authorized Users. In addition, ExpertOffice is hosted in a secure server environment that uses a firewall and other advanced technology to prevent interference or access from outside intruders.
No security system is risk free and ExpertOffice cannot guarantee the security of any Content or other use of the Site.
Unless required by law, ExpertOffice will not disclose any Content to a third-party or governmental authority. However, ExpertOffice is not responsible for the public display or misuse of Authorized User and/or Company Content if due to another Authorized User, the Company or other user accessing an Authorized User and/or Company’s account.
ExpertOffice will be permitted, in its sole discretion, to retain third-parties to provide internet infrastructure or other services which serve as a component of the overall Services.
12. Disclaimers of Warranties
ExpertOffice does not review or verify the content of postings at its Site. Authorized Users and the Company understand that when using the ExpertOffice Site and Services, there will be exposure to user submissions and that ExpertOffice is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. Authorized Users and the Company further understand that users may upload files containing bugs, viruses, trojan horses, or the like, that if Authorized Users and/or the Company elect to download any file, such Authorized User and/or the Company, and not ExpertOffice, are responsible for taking necessary precautions to avoid any harm from such files. Authorized Users and the Company further understand and acknowledge that they may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. Authorized Users and the Company agree to waive, and hereby do waive, any legal or equitable rights or remedies they have or may have against ExpertOffice with respect thereto, to the fullest extent allowed by law regarding all matters related to your use of the Site.
EACH AUTHORIZED USER AND/OR THE COMPANY EXPRESSLY AGREE THAT USE THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
EXPERTOFFICE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE OR WITH THE SERVICES. EXPERTOFFICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXPERTOFFICE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOU OR YOUR COMPANY’S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, VIRUS FREE, FREE OF TAMPERING. EXPERTOFFICE DOES NOT WARRANT THAT THE SITE OR SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS. NOR DOES EXPERTOFFICE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USED 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 through the Services will create any warranty, whether by implication, estoppel or otherwise.
13. Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, AUTHORIZED USERS AND THE COMPANY AGREE THAT IN NO EVENT WILL EXPERTOFFICE, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES (“AFFILIATES”), BE LIABLE TO IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY AN AUTHORIZED USER OR THE COMPANY IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE SERVICES; (II) FOR LOSS OR INACCURACY OF CONTENT OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD-PARTY; (IV) 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 EXPERTOFFICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (V) FOR MONETARY AMOUNTS GREATER THAN THOSE FEES ACTUALLY PAID BY AUTHORIZED USERS AND THE COMPANY DURING THE THREE MOST-RECENT MONTHS PRIOR TO THE DATE ON WHICH THE CIRCUMSTANCES GIVING RISE TO SUCH HARM OCCURRED.
Authorized User’s and the Company’s sole and exclusive remedy with respect to the use of any Services provided by ExpertOffice will be to discontinue the Services at the end of the applicable Subscription Period. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability will be limited to the extent permitted by law.
ExpertOffice provides its Services and Site on the understanding that users will act professionally and responsibly. If they do not, users must bear full responsibility for their actions.
Each Authorized User and the Company agree to defend, indemnify and hold harmless ExpertOffice, 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) use of the Services or the Site; (iii) all conduct and activities occurring under a Member Name and password including all Authorized User and Company obligations hereunder; (iv) any defamatory, libelous or illegal material contained within Content or information and data; (v) any claim or contention that Content or 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 Content or information and data. ExpertOffice reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from an Authorized User and/or the Company, but will have no obligation to do so. Authorized Users and the Company will not settle any such claim or liability without the prior written consent of ExpertOffice, which will not be unreasonably withheld.
The Services are for Authorized Users ONLY and may not be shared or features transferred to others.
Unless otherwise stated, all fees are quoted in U.S. Dollars. Access to proper payment method specified in Registration is required for all Purchased Services. If Site Creator or the Company set up a Paid Subscription, the payment method will be charged in the manner as set forth in Registration, at the then current rate.
Authorized Users, administrators and/or the Company must notify ExpertOffice about any billing problems or discrepancies within ninety days after the charges appear on the account statement or are otherwise presented, and if such discrepancy is not brought to ExpertOffice’s attention within ninety days, all rights to dispute problems are waived.
Upon confirmation of payment to ExpertOffice, Authorized Users and/or the Company will receive the benefits and features as set forth in the descriptions at the applicable Registration.
If Site Creator or Company’s means of payment method changes or if you wish to change the payment method, please update the account to ensure that access to Purchased Services is uninterrupted. ExpertOffice will attempt to notify Authorized Users and/or the Company via email if we are unable to process your payments, but if we are unable to make such contact, the account will be suspended until payment valid form of payment is provided. At this point, access to any Services is suspended. If you have any further questions, please contact Customer Support at email@example.com.
To cancel a Paid Subscription, please go to the “Administration Tools” page and follow the directions of the online cancellation process. Paid Subscription users may also send an email to firstname.lastname@example.org with a brief description of why you wish to cancel. Cancellations are processed upon receipt of the request form. When the subscription is cancelled Authorized Users, administrators and/or the Company will receive a confirmation email of the cancellation. If Authorized Users, administrators and/or the Company do not receive this confirmation email please contact ExpertOffice at email@example.com. Cancellations will not be effective until the end of the current billing cycle. Cancellations must be received before the first day of a new billing cycle in order to take effect for that billing cycle. We will not prorate for partial term usage, for non-usage of the Services while you are an active member, or for any other reason.
16. Term, Termination
This Agreement will be effective for as long as any Authorized Users access the Site or the Services, notwithstanding that all provisions which are intended to survive its termination will continue in full force and effect.
ExpertOffice may terminate any Authorized User and Company immediately if, based on ExpertOffice’s sole judgment, it determines that such Authorized User or Company (including an Authorized User of the Company) materially breached this Agreement in any manner, including but not limited to (i) violating the Code of Conduct established for the use of ExpertOffice Services or Site, (ii) infringing or violating any intellectual property right of ExpertOffice or (iii) infringing or violating any intellectual property right or privacy or publicity right of a third-party.
EXPERTOFFICE MAY TERMINATE A FREE TRIAL OFFER OR FREE SUBSCRIPTION AT ANY TIME FOR ANY REASON WITH NO NOTICE, PROVIDED THAT SITE CREATOR AND/OR THE COMPANY WILL HAVE FIFTEEN DAYS TO RETRIEVE AUTHORIZED USER CONTENT BEFORE ACCESS TO THE SERVICES AND CONTENT IS TERMINATED AND CONTENT MAY NO LONGER BE STORED BY EXPERTOFFICE.
This Agreement for the use of our Services and our Site may be modified by ExpertOffice from time to time at its sole discretion. While ExpertOffice will make every effort to advise of any changes, each Authorized User and the Company are advised to periodically visit ExpertOffice’s website to review any changes to this Agreement that may be posted there, as such changes automatically govern Authorized User and Company use of the Services once posted. Please contact ExpertOffice immediately to discuss the impact of these changes to use of the Services. Each Authorized User and the Company agree that if it continues to access the Site, such continued access constitutes acceptance of any changes. Nothing in this Agreement will be deemed to confer any third-party rights or benefits.
None of Authorized User’s, and the Company’s, rights and obligations under this Agreement may be transferred or assigned directly or indirectly without the prior written consent of ExpertOffice, and any purported assignment in violation of this provision is void. ExpertOffice’s rights under this Agreement are fully assignable without prior notice to the Site Creator, any Authorized User and/or Company.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
20. Applicable law and jurisdiction
This Site and Services (excluding links to third-party websites) is controlled and operated from the ExpertOffice’s offices in San Luis Obispo, California USA. Each Authorized User and/or the Company agree that all matters arising from or relating to this Agreement, including use and operation of the Site and Services will be governed by the laws of the State of California and the United States of America, without regard to conflicts of laws principles. The federal courts of the State of California located in San Francisco, California USA and the state courts located in San Luis Obispo, California USA will 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. Each Authorized User and/or the Company expressly consent to (i) the personal jurisdiction of such courts; and (ii) service of process being affected by either email or registered mail sent to the address provided ExpertOffice in the Registration. Unless prohibited by the law of your jurisdiction, Site Creator, Authorized Users and/or the Company 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 will be by email, to ExpertOffice at firstname.lastname@example.org, and to each Authorized User and/or the Company at the email address provided to ExpertOffice during the Registration process, or to such other address as either ExpertOffice, or an Authorized User and/or the Company, will specify in writing as our addresses for notice. Notice will be deemed given twenty four hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission will be retained.
You are participating in the ExpertOffice Beta