You must provide your electronic mail (“email”) address when registering to access any Service. Correctly entering your email address is important so that you 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). We also use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of Experts Exchange. If you do not want to receive newsletters and updates, you may opt out (i) during the registration process, (ii) after you register by going to your “My Account” page, (iii) by clicking on the “unsubscribe” link on newsletters and updates, or (iv) by contacting email@example.com.
Experts Exchange hereby grants you permission to access and use the Site and Services, as set forth in this Agreement, subject to the Code of Conduct (set forth in Section 6 of this Agreement) and the following restrictions:
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.
When you register Your Account, you become a member of Experts Exchange (“Member”). The guidelines and rules listed below explain what behavior is expected of you and what behavior you can expect from other Members. Note that the following guidelines are not exhaustive, and may not address all manner of offensive behavior. As such, Experts Exchange shall have full discretion to address any behavior that we feel is inappropriate. Experts Exchange reserves the right to suspend Your Account at any time for reasons that include, but are not necessarily limited to, your failure to abide by these guidelines. You are solely responsible for your interactions with other Members. Experts Exchange reserves the right, but has no obligation, to monitor disputes between you and other Members.
You shall not engage in any of the following activities, which are strictly prohibited under the Code of Conduct:
A commitment to the principles of academic and vocational integrity is important to us. We strive to support the promotion of independent and original scholarship so that students derive the most from their experience and their pursuit of knowledge on our site. As a member of an academic or vocational community, you are responsible for knowing the requirements and restrictions regarding your institution’s policies, code of conduct, ethics, etc. and therefore, you may not utilize Site resources to violate those policies. Proper utilization of Site resources would be to get tutelage with assignments or projects, where they would be deemed appropriate by the institution you are attending. Each user is responsible for how they utilize Site content or Services in regards to academic or vocational integrity.
The Code of Conduct also prohibits Members from undertaking activities and participating in Services on the Site that are not included in their subscription. The subscription types are described below, and Members are responsible for knowing what is included in their subscription and what is not:
We reserve the right to evaluate each incident on a case-by-case basis. The action(s) we take may be more lenient or more severe than those provided for in this Agreement or those taken against another Member. If you notice a problem with other Members not following the Code of Conduct, please notify us by contacting Customer Support at firstname.lastname@example.org. Experts Exchange reserves the right to determine, at its sole discretion, what constitutes a violation of the Code of Conduct. If Experts Exchange believes that a violation of this Code of Conduct has occurred, Experts Exchange has the right, but not the obligation, to take corrective action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content and suspension or termination of Your Account and access to the Services. If Your Account is terminated due to a violation of the Code of Conduct, Experts Exchange shall have no obligation to refund to you any unused portion of your subscription fee.
Experts Exchange reserves the right to discontinue any aspect of the Site or Services at any time.
When you register a paid account, you will be required to provide a valid PayPal account or debit or credit card number that you wish to have your membership fees charged to (hereinafter, your “Payment Method”). Your Account may be suspended if your Payment Method is declined, you have filed a chargeback with your bank or you have violated the terms of this Agreement, including the Code of Conduct.
If you are in violation of the terms of this Agreement or the Code of Conduct, you will be instructed to contact Customer Support for further information. Experts Exchange does not refund any charges that are processed on Your Account while Your Account is suspended or locked in any way. A cancellation of your subscription must be processed to avoid any billing on Your Account.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Experts Exchange 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 DMCA Department at Experts Exchange, 2701 McMillan Avenue Ste. 160, San Luis Obispo, CA, 93401, at DMCA@experts-exchange.com.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
Please note that under Section 512(f) 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.
Other than providing a framework in which Members post problems or ask questions and self-appointed experts provide answers and/or comments, Experts Exchange does not review or verify the content of postings on the Site. The Experts who participate at Experts Exchange have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which, other than the financial information contained therein, has not been reviewed or verified by us. You may review each Member’s information, including their profile, a list of questions answered and grades received, by clicking on their Username.
You understand that, when using the Experts Exchange Site, you will be exposed to user submissions from a variety of sources, and that Experts Exchange is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such user submissions. You further understand that users may upload files containing bugs, viruses, Trojan horses, or the like, that if you elect to download any file, you and not Experts Exchange are responsible for taking necessary precautions to avoid any harm from such files. You further understand and acknowledge that you may be exposed to user submissions that are inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Experts Exchange with respect thereto, to the fullest extent allowed by law regarding all matters related to your use of the Site.
You expressly agree that use of the Site and Services is at your sole risk. The Site and the Services are provided on an “as is” basis.
Experts Exchange makes no representations 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. Experts Exchange disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Experts Exchange makes no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free. Experts Exchange does not warrant that the Site or Services are free of computer viruses or other harmful materials, nor does Experts Exchange 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 Site or Services shall create any warranty, whether by implication, estoppel or otherwise. The warranty exclusions contained in this Agreement are subject to the laws of your jurisdiction and some 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 Exchange, 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 Site (including Redsource Interactive, LLC and its 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 information provided through the Services; (ii) for loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (iii) (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; or (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 Experts Exchange has been advised of the possibility of such damages.
Your sole and exclusive remedy with respect to the use of the Site or Services provided by Experts Exchange shall be to discontinue of your membership upon the expiration of the current term. 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 Exchange provides its Services and Site to Members subject to the expectation that Members act professionally and responsibly. Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless Experts Exchange, 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 Username 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(s), copyright(s) 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 Exchange 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 Exchange, which shall not be unreasonably withheld.
Experts Exchange provides assistance and guidance through its Customer Support Department. The Customer Support Department will help you with questions about Your Account, billing and general Site use. When communicating with our Customer Support Department, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards anyone in our Customer Support Department or other employees is at any time threatening or offensive, we reserve the right to immediately terminate Your Account and you will not be entitled to any refund of unused subscription fees.
Experts Exchange may promote a free trial offer (“Free Trial”). To receive a Free Trial, you must sign-up through a Free Trial registration page and select a subscription plan for Your Account to continue when your Free Trial ends. You must have a valid email address to use our service.
If you or another member of your household has been a Member or if your Payment Method, physical address or email address have been associated with an Experts Exchange account, you are not eligible to receive a Free Trial and will be redirected to a non-Free Trial registration page. Only one (1) Free Trial per customer.
We will begin billing your indicated Payment Method for the subscription plan chosen during registration at the end of the Free Trial period unless you cancel prior to the end of the Free Trial period. To view the specific details of your subscription, including subscription price and end date of your Free Trial period, go to “My Account” on the Site and click on the “Billing” tab. Free Trial lengths are computed on the basis of calendar days measured from midnight to midnight Pacific Standard Time.
Experts Exchange will authorize your Payment Method as soon as you register for a Free Trial. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your Free Trial period.
Upgrading your membership during your Free Trial will void the time left on your Free Trial and your Payment Method will be charged according to the membership type you chose on the “Upgrade” page.
You will not receive a notice from Experts Exchange that your Free Trial period has ended or that your paid subscription has begun. If you cancel prior to the end of your Free Trial, there will be no charges to your Payment Method. If you cancel after your Free Trial has ended, you will not be billed again but you will be responsible for whatever charges have already been incurred for the current billing period. You may cancel your Experts Exchange subscription at any time by contacting Customer Support at + 1 (877) 211-8911 or initiating a live chat session and chatting with a Customer Support Representative. Cancellations are processed upon receipt of request by phone or live chat.
The following definitions will apply to this program:
Referring Member: An Experts Exchange member with an active account. Members with accounts that are suspended or cancelled cannot be a Referring Member.
Referred Member: An individual who clicks on a link provided by the Referring Member and signs up for a new Experts Exchange account.
Member: Any valid member of Experts Exchange, which includes Referring Members and Referred Members.
Referral Benefit: The premium provided to the Referring Member and/or the Referred Member when a referral is completed.
Qualified Expert Status: The status of a member who has received at least a month of full unlimited access to the Experts Exchange website through the accumulation of Expert Points.
Active Experts Exchange Members may be eligible for a Referral Benefit for introducing new Referred Members to Experts Exchange, when those Referred Members either sign up for a paid account or obtain Qualified Expert Status. Referred Members may also be eligible for a separate Referral Benefit. The following terms apply to this program:
Please see Service-Specific Agreements for Live and Gigs Services for further details and terms and conditions. Any Member found to be using Live or Gigs Services in a way that contravenes payment to Experts Exchange (such as, for example, using Live to set up a contract outside of an Experts Exchange Gigs contract for additional units of work, thus “cutting out the middle man”) will result in consequences up to and including termination of Your Account.
As is the case with all Services offered by Experts Exchange, Experts Exchange makes no representations or warranties of any kind, express or implied, as to the operation of the Site, the Live and Gigs Services, or the information, content, materials or products included on the Site or in connection with the Live and Gigs Services. Experts Exchange disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement in connection with the Live and Gigs Services.
Experts Exchange makes no warranty that the Live and Gigs Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free. Experts Exchange does not warrant that the Site or Services are free of computer viruses or other harmful materials, nor does Experts Exchange 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.
Payment will be made for any earnings associated with the Site and Services as outlined below:
If you register for Services, these Services are for the registered user ONLY and may not be shared or transferred to others. Unless otherwise stated, all fees are quoted in U.S. Dollars. A valid Payment Method is required for all pay-for Services. If you have set up a pay-for Service Account, your Payment Method will be charged in the manner as set forth in the page describing the Service you purchased (the “Service Features Page”), at the then current rate, until you notify us of your desire to cancel your subscription. Upon confirmation of payment to Experts Exchange, you will receive the benefits and features as set forth in the descriptions at the applicable Service Features Page.
If your credit or debit card, or PayPal account information changes or if you wish to change your Payment Method, please update Your Account to ensure that your access to Experts Exchange is uninterrupted. We will attempt to notify you via email if we are unable to process a payment and Your Account may be suspended or your access limited until you provide a valid form of payment. You will remain responsible for any uncollected amounts on Your Account.
If Your Account is past due, Experts Exchange may cancel or downgrade your account for non-payment at its sole discretion. You remain responsible to provide payment for any past due balances on Your Account that accrued before your account was cancelled.
All Experts Exchange subscriptions renew automatically. The subscription fee will be billed at the beginning of your subscription period and will automatically renew at the end of the subscription period to minimize subscription interruptions. It is your responsibility to cancel your subscription prior to your next billing date. Visit our website and click on “Billing” tab located on the “My Account” page to see the beginning date for your next renewal period. Services features are fully earned upon payment. Please be aware that the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with PayPal, your bank, or your credit or debit card issuer, as applicable, for details. If you have any further questions, please contact Customer Support at email@example.com.
If you are registered for a free Experts Exchange account (“Free Account”), Experts Exchange reserves the right to modify the number of points it provides, to discontinue the provision of Free Account points, or to establish a monetary value for Free Account points. Experts Exchange reserves the right to retire Free Accounts at any time and for any reason.
You are solely responsible for properly cancelling your subscription. To cancel your Experts Exchange subscription, contact Customer Support by calling + 1 (877) 211-8911 or initiating a live chat session and chatting with a Customer Support Representative. Cancellations are processed upon receipt of request by phone or live chat. When your subscription is cancelled you will receive a confirmation email of the cancellation. If you do not receive this confirmation email please contact us at firstname.lastname@example.org. 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. You may cancel your Experts Exchange subscription at any time. Experts Exchange does not grant refunds for partial or unused subscription time.
This Agreement shall be effective for as long as you are a Member or use or access the Site or the Services.
Experts Exchange may terminate your Membership immediately if, based on Experts Exchange’s sole judgment, it determines that you have materially breached this Agreement in any manner, including but not limited to (i) violating the Code of Conduct established for the use of Experts Exchange Services or Site, (ii) infringing or violating any intellectual property right of Experts Exchange or (iii) infringing or violating any intellectual property right or privacy or publicity right of a third party. Experts Exchange reserves the right to refuse service to anyone for any reason at any time. Experts Exchange may modify the Services or discontinue their availability at any time; this includes access to any content provided by a third party.
Upon termination of this Agreement, the perpetual license you have granted to Experts Exchange 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.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Members (“Credits”). The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of Experts Exchange, and any purported assignment in violation of this provision is void. Experts Exchange’s rights under this Agreement are fully assignable without prior notice to you.
If any provision of this Agreement or a portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
This Site (excluding links) is controlled and operated from the Experts Exchange offices in San Luis Obispo, California USA. 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 courts of the State of California located in San Francisco, California USA and the state courts located in San Luis Obispo, California USA 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 affected upon you by either email or registered mail sent to the address you provide Experts Exchange 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 Exchange 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.