This Talk To An Expert, Inc. Terms and Conditions (the "Agreement") apply to all users who access and/or use the Talk To An Expert, Inc. platform for on-line advice and professional consulting or coaching services. This Agreement applies with respect to a Client's access regardless of where the Talk To An Expert software is made available. The Talk To An Expert software is made available on Talk To An Expert, Inc.'s websites as well as on other third party websites, blogs, or platforms, collectively referred to as "the sites."
If you use the Talk To An Expert, Inc. software on third party sites, your use may be subject to terms and conditions imposed by such third party. Talk To An Expert, Inc. is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.
YOU AGREE THAT BY USING THE TALK TO AN EXPERT, INC. SOFTWARE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets forth and contains the terms and conditions between you and Talk To An Expert, Inc. By checking the box on the client Sign Up page that indicates that you "have read and agree to the Talk To An Expert, Inc. client terms and conditions" and then clicking the "submit" button to submit the Client registration form, you are entering into this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THESE TERMS AND CONDITIONS AND DO NOT OTHERWISE CONTINUE WITH THE CLIENT REGISTRATION PROCESS. In such case you will not be able to register as a Client or otherwise use the Talk To An Expert, Inc. software.
Talk To An Expert, Inc. may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, the Client is encouraged to check the terms of this Agreement frequently. By using the Talk To An Expert software or a third party site after any modifications to this Agreement have been made, the Client agrees to be bound by such modified Agreement.
The Talk To An Expert, Inc. software allows Clients to choose an Expert and ask questions or request advice and/or services directly from this Expert.
The Client understands and agrees that Experts are neither employees nor agents nor representatives of Talk To An Expert, Inc., and Talk To An Expert, Inc. assumes no responsibility for any act or omission of any such Expert. As further described in this Agreement, Talk To An Expert, Inc. makes no representation or warranty whatsoever as to (a) the accuracy or availability of Talk To An Expert software or the third party sites, (b) the willingness or ability of any Expert to give advice, (c) whether the Client shall find an Expert's advice relevant, useful, accurate or satisfactory, (d) whether the advice of the Expert will be responsive or relevant to the Client's question, or (e) whether the Expert's advice will otherwise be suitable to the Client's needs.
While Talk To An Expert, Inc. has researched experts on its own sites, it does not verify the skills, degrees, qualifications, credentials or background of any Experts. Talk To An Expert, Inc. does not research or verify Experts on third party sites. It is strongly recommended that the Client independently verify the skills, degrees, qualifications, credentials and background of each Expert from whom he or she receives or contemplates to receive advice or services.
INFORMATION FURNISHED BY EXPERTS IS INTENDED FOR GENERAL INFORMATION PURPOSES OR ONLY. ANY CONSULTATION WITH AN EXPERT VIA THE Talk To An Expert software DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. The CLIENT IS ENCOURAGED TO VERIFY THE INFORMATION FURNISHED BY EXPERTS. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE CLIENT'S FULL AND SOLE RISK AND LIABILITY. ADDITIONAL TERMS RELATED TO INTERACTIONS WITH MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER EXPERTS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION. This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.
IF A CLIENT CHOOSES TO INTERACT ON OR THROUGH THE EXPERT PLATFORM WITH ANY MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER EXPERT IN A FIELD REQUIRING LICENSURE AND/OR CERTIFICATION, THE CLIENT RELATIONSHIP (AS WITH ALL OTHER EXPERTS) IS STRICTLY WITH THE EXPERT. TALK TO AN EXPERT, INC. IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND TALK TO AN EXPERT, INC. DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH EXPERT.
THE ADVICE OR INFORMATION PROVIDED BY MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS AND PHYSICIANS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE CLIENT BY A DOCTOR OR OTHER HEALTH PROFESSIONAL. CLIENTS SHOULD NOT RELY ON OR MAKE HEALTH DECISIONS BASED ON ADVICE PROVIDED BY ANY EXPERT ON THE EXPERT PLATFORM. TALK TO AN EXPERT, INC. STRONGLY RECOMMENDS THAT A CLIENT SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL. THE ADVICE OR INFORMATION PROVIDED BY ATTORNEYS AND OTHER EXPERTS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR AN IN-PERSON MEETING.
TALK TO AN EXPERT, INC. DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY OR EVALUATE, OR OTHERWISE PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO, ANY MENTAL HEALTH PROFESSIONAL, MEDICAL PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL OR EXPERT ON THE SITE. CLIENT UNDERSTANDS THAT IT IS HIS OR HER RESPONSIBILITY TO CHECK THE CERTIFICATION AND/OR LICENSING OF THE MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL EXPERT WITH THE APPLICABLE STATE LICENSING BOARD OR AUTHORITIES IN THE EXPERT'S STATE OR COUNTRY.
Client understands and agrees that, although a mental or medical health professional, physician, attorney or other professional Expert may have been accessed through Expert Platform or a Site, Talk To An Expert, Inc. cannot predict or assess the competence of, or appropriateness for Client's needs, of the professional or other Expert. Client also acknowledges and agrees that Client takes full responsibility for the decision to access a medical professional, mental health professional, physician, attorney or other Expert through the Site and to continue to interact with the medical professional, mental health professional, physician, attorney or other Expert, and that the role of Talk To An Expert, Inc. is strictly limited to providing access to such professionals and other Experts for Client's consideration.
Client hereby releases and agrees to hold harmless Talk To An Expert, Inc. and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any medical professional, mental health professional, physician or attorney, or any other Expert in a field requiring licensure and/or certification, who may be accessed through the Expert Platform or any Site.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.
TALK TO AN EXPERT, INC. DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE THE QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF ANY EXPERT OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY EXPERT. NOTHING CONTAINED IN THIS AGREEMENT, ON THE EXPERT PLATFORM, ON ANY SITE, ON ANY THIRD PARTY SITE OR PROVIDED OTHERWISE SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY EXPERT; (B) THE EXPERT PLATFORM; (C) ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION OR OTHER SERVICE PROVIDED BY ANY EXPERT OR OTHERWISE MADE AVAILABLE ON THE EXPERT PLATFORM; OR (D) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANYTHING OTHERWISE SAID OR WRITTEN BY ANY EXPERT, INCLUDING ANY BIOGRAPHICAL INFORMATION, QUALIFICATIONS, OR OTHER INFORMATION SPOKEN BY ANY EXPERT OR CONTAINED IN OR MADE AVAILABLE ON THE EXPERT PLATFORM, ANY SITE, ANY BLOG OR ANY OTHER FORUM.
CLIENT ACKNOWLEDGES AND AGREES THAT THE SITES AND EXPERT PLATFORM ARE PROVIDED "AS IS", AND THEREFORE CLIENT WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST TALK TO AN EXPERT, INC., ITS AFFILIATES, OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS WITH RESPECT TO ANY SITE, THE EXPERT PLATFORM OR ANY EXPERT. THE USE OF A SITE AND THE EXPERT PLATFORM IS AT THE CLIENT'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, TALK TO AN EXPERT, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
TALK TO AN EXPERT, INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO INFORMATION POSTED OR TRANSMITTED BY EXPERTS. IF A CLIENT DECIDES TO RELY ON INFORMATION PROVIDED BY AN EXPERT, CLIENT MUST EXERCISE A HIGH LEVEL OF CARE. THE CLIENT SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST TALK TO AN EXPERT, INC., ITS AFFILIATES, AND/OR ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND/OR AGENTS WITH RESPECT TO ANY SERVICE OR ADVICE CLIENT RECEIVES, USES AND/OR RELIES ON. TALK TO AN EXPERT, INC. WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY EXPERT'S SERVICES OR OTHER INFORMATION ACQUIRED THROUGH THE EXPERT PLATFORM OR THE SITES. THE PURCHASE OF THE SERVICES OF ANY EXPERT IS ENTIRELY AT THE CLIENT'S SOLE RISK.
TALK TO AN EXPERT, INC. DOES NOT ASSUME, AND WILL NOT BE LIABLE FOR: (1) THE ACCURACY OR AVAILABILITY OF ANY SITE OR THE EXPERT PLATFORM; OR (2) ANY DAMAGES OR INJURY ARISING FROM OR RELATED TO ANY SITE, THE EXPERT PLATFORM AND/OR ANY OPINION, RESPONSE, ADVICE, PREDICTION, RECOMMENDATION, INFORMATION AND/OR OTHER SERVICE PROVIDED OR NOT PROVIDED BY ANY EXPERT.
TALK TO AN EXPERT, INC. WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A CLIENT, INCLUDING A CLIENT FEE AGREEMENT. CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE Talk To An Expert software OR A SITE, THE CLIENT HEREBY RELIEVES TALK TO AN EXPERT, INC., ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH CLIENT MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT TALK TO AN EXPERT, INC., ITS AFFILIATES, AND ANY OF THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS SHALL NOT BE LIABLE TO ANY CLIENT OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). CLIENT FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) TALK TO AN EXPERT, INC., ITS AFFILIATES AND THE FOREGOING'S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS' AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY CLIENT TO EXPERTS THROUGH THE APPLICABLE SITE IN THE ONE MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE; AND (B) TALK TO AN EXPERT, INC. DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN EXPERT IN CONNECTION WITH PAYMENT FOR SERVICES BY THE CLIENT AND CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD TALK TO AN EXPERT, INC. HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
By submitting the Client registration form, you, the Client, represent, warrant and agree to the following:
- You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Client registration, or that you are authorized to represent the person who is submitting a Client registration, and that you are authorized to sign the Client registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.
- The information furnished by you in the registration form is accurate, true current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
- You are solely and fully liable for all conduct, postings and transmissions that are made under your user name and password.
- You are solely responsible for verifying the Expert's identity, qualifications, credentials, biographic information, licenses held and other information
- Talk To An Expert, Inc. is not involved in any transactions between you and any Expert.
- Talk To An Expert, Inc. is not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Experts.
- Talk To An Expert, Inc. does not control the quality, relevance or accuracy of any advice provided by an Expert, and Talk To An Expert, Inc. does not determine whether any Expert is qualified to provide any specific advice, whether an Expert is categorized correctly or in the most appropriate category to provide the advice sought by a Client, or whether any postings on the Talk To An Expert company sites or third party sites or any transmissions through the foregoing by a Client or an Expert is accurate, correct, relevant or appropriate.
- All interactions between you and an Expert will be billed through the Talk To An Expert software regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with an Expert while using the Sites and to pay to Talk To An Expert, Inc. all fees for services rendered to you by Experts.
- Client will not interfere with or disrupt, or attempt to interfere with or disrupt, any Talk To An Expert, Inc. servers, networks or equipment connected to a Site.
- Client will not attempt to gain unauthorized access to any other computer system or network connected to a Site.
- Client will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any "junk mail", "spam", or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
- Client will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Talk To An Expert, Inc..
- Client will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
- Client will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
- Talk To An Expert, Inc. may allow for the transfer of files between Clients and Experts. When opening such file attachments received from Experts it is the Client's responsibility to scan them with an anti-virus software application prior to opening them.
- Client will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
- Client will not stalk, threaten or harass any Expert or Client or infringe upon or attempt to infringe upon their privacy.
To An Expert, Inc. does not examine the validity or accuracy of the details in the Client's personal profile or in any of the Client's postings or transmissions. Without derogating from the above or any other term of this Agreement, Talk To An Expert, Inc. may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Client and/or remove any content violating this Agreement. The Client will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Talk To An Expert, Inc.'s services, including reliance on its accuracy, reliability or legality.
Client represents and warrants that all credit card and payment information presented by Client is accurate and correct and that Client is fully authorized to use such credit card and payment information for purposes of paying for services made available via the Expert Platform.
Talk To An Expert, Inc. will use reasonable efforts to process the payments due from the Client according to the terms agreed upon between Client and an Expert within seven (7) working days from the execution date of each transaction. DUE TO CREDIT CARD AND DEBIT CARD PAYMENT PROCESSES, THERE MAY BE A DELAY IN PROCESSING CHARGES. CHARGES INCURRED OVER A SEVERAL DAY PERIOD MAY BE CONSOLIDATED AND CHARGED AS A SINGLE CHARGE TO THE CLIENT'S CREDIT CARD OR DEBIT CARD. AS A RESULT, IT IS RECOMMENDED THAT CLIENTS KEEP TRACK OF THEIR OWN USAGE.
Client is obligated to report to Talk To An Expert, Inc. in cases when he or she was billed directly by an Expert (i.e. not through Talk To An Expert, Inc.). Such report should include a description of the service that was rendered by the Expert and the price charged.
Time charges to Clients are based on increments of a minute as measured on Talk To An Expert, Inc.'s servers. Charges to Clients are rounded up so that any part of a minute is considered a full minute of time charges. Talk To An Expert, Inc.'s billing system is not fault-free; therefore Talk To An Expert, Inc. shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Client. If the Client thinks that a mistake has occurred he or she may send his or her complaint to accounting@Talk To An Expert, Inc..com.
While Clients are solely responsible and liable for all uses of the Expert Platform (including, but not limited to, the selection of Experts, communications with Experts and fee arrangements with Experts), and while Clients assume the risk that any communications with an Expert may or may not address a Client's questions or otherwise be satisfactory, relevant or acceptable to the Client, in certain limited circumstances Talk To An Expert, Inc. may elect to refund a payment made by a Client for a communication session with an Expert. Inquiries as to refunds can be made by writing: support@TalkToAnExpertInc.com.
When you, the Client, create and open an account with Talk To An Expert, Inc., you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name and/or password. You may not use the account, username or password of someone else at any time. You will immediately notify Talk To An Expert, Inc. of any unauthorized use of Client's password, user name, e-mail, or any other breach of security. Talk To An Expert, Inc. encourages Client to change their password at least once a month. Talk To An Expert, Inc. will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. Talk To An Expert, Inc. will hold you liable and responsible for any losses incurred by Talk To An Expert, Inc. due to someone else's use of your account or password.
Company owned or third party sites may contain links or other content related to web sites, products and/or services offered by third parties. Talk To An Expert, Inc. has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Client acknowledges and agrees that Talk To An Expert, Inc. is not responsible for the availability of such third party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Client warrants and agrees that Talk To An Expert, Inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Talk To An Expert, Inc. encourages the Client to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.
Talk To An Expert, Inc. may include in the Sites advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Client may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
The Client acknowledges and agrees that Talk To An Expert, Inc. is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Client is wholly liable for all communications and transactions with advertisers.
Talk To An Expert, Inc. reserves the right to modify or discontinue, temporarily or permanently, any service in or on the company owned sites or third party sites with or without notice to Client. Client agrees that Talk To An Expert, Inc. shall not be liable to Client or to any third party for any modification or discontinuance of any service offered by Talk To An Expert, Inc., or for any losses or damages that may result to Client or any third party from such discontinuation or interruption of service.
Talk To An Expert, Inc.'s services depend on various factors such as software, hardware and communications networks of Talk To An Expert, Inc., its contractors and suppliers. Talk To An Expert, Inc. does not guarantee that Talk To An Expert, Inc.'s service will be uninterrupted or that it will be timely, secure or error-free.
Talk To An Expert, Inc., in its sole discretion and for any reason, may terminate Client's participation in the services and refuse any and all current or future use by Client of the Sites.
Talk To An Expert, Inc. or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Talk To An Expert, Inc. or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Client through the Sites. This section shall survive expiration or termination of this Agreement.
TALK TO AN EXPERT, INC. MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF TALK TO AN EXPERT, INC. REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY.
Talk To An Expert, Inc. grants Client a limited, nonexclusive, revocable right to use the Sites provided that Client does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.
Client shall defend, indemnify and hold Talk To An Expert, Inc., its affiliates and its and their officers, directors, employees, consultants, representatives and agents (collectively, the "Indemnified Parties") harmless from any and losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Client according to this Agreement; (b) Client's refusal to pay for services provided by any Expert; (c) any content Client submits, posts or transmits through a Site and/or the Expert Platform or otherwise provided by Client; and (d) Client's use of any Site and/or the Expert Platform. This section shall survive expiration or termination of this Agreement.
Talk To An Expert, Inc. may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Talk To An Expert software or third party sites, by email to the email address that we have on record, by regular mail or by posting on the Site and/or the Talk To An Expert software. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Talk To An Expert, Inc. must be delivered via express delivery or regular mail to: Talk To An Expert, Inc., Inc. 4 Berkeley Street, Norwalk, CT 06850
You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Talk To An Expert, Inc.. Any purported assignment without the prior written approval of Talk To An Expert, Inc. will be null and void and of no force or effect.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Connecticut (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Norwalk, CT This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Talk To An Expert, Inc. and Client with respect to the subject matter hereof, and Client has not relied upon any promises or representations by Talk To An Expert, Inc. with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Talk To An Expert software or the sites.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.