Expert Session LLC helps you find an expert for your everyday needs. These Terms of Use (the “Terms”) govern your access to and use of our website (www.expertsession.com), mobile apps (“Apps”), and other online or offline services we may offer (collectively, the “Services”), whether accessed via computer, mobile device or otherwise, including any electronic content, functionality, features and applications (collectively, “Materials”) offered on or through the Services.
Depending on the circumstances, you may be allowed to access certain Services as a visitor (“Guest User”) or as a registered user (“Registered User” and collectively, “User(s)”). Through the Services, we provide a forum to connect with those offering particular services (each, an “Expert”) in their area of professed expertise (“Expert Services”).
WE OPERATE SOLELY AS A FORUM TO CONNECT AND FACILITATE INTERACTIONS BETWEEN USERS AND EXPERTS, BUT ARE NOT A PARTY TO ANY EXPERT SERVICES OR OTHER INTERACTION BETWEEN USERS AND EXPERTS.
PLEASE READ THESE TERMS AND OUR Privacy Policy BEFORE YOU START TO USE OUR SERVICES. To the extent you are acting in your individual capacity, you represent that you are of legal age to form a binding contract with us and agree to be bound and abide by our Terms. To the extent you are registering an account or otherwise acting on behalf of an organization, you represent that you are authorized to accept our Terms on behalf of the organization, and accept that the organization shall be bound and abide by our Terms (and all references to “you” or “your” in our Terms are understood to apply to both you and your organization). If you or your organization entered into a separate executed agreement with us, the terms of that agreement will control in the event of any conflict.
If you do not agree to the Terms, or if you violate them in any way, your right to access or use the Services is terminated. We reserve the right, in our sole discretion, to modify, alter or otherwise update the Terms at any time, and by using the Services after the posting of a modification, you accept the changes. We retain the right in our sole discretion to deny access to the Services to anyone at any time and for any reason, including, but not limited to, for violation of the Terms. PLEASE SEE SECTIONS 12-14 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING MANDATORY ARBITRATION AND A WAIVER OF RIGHTS TO A JURY TRIAL OR CLASS ACTION.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account or any account rights. You may not create or use an account as a Registered User for anyone other than yourself except with their express authorization. All information you provide upon registration and at all other times in connection with our Services and any Expert Services must be true, accurate, current and complete and you agree to update your information as necessary to maintain it accordingly. You acknowledge and agree to take all reasonable precautions in ensuring the accuracy and reliability of your User Content. You are responsible for keeping your password for the Services (if any) secret and secure. You are solely responsible for your interaction with other users of the Services, whether online or offline. You agree that we are not responsible or liable for the conduct of any user of the Services. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users of the Services. Please exercise common sense and your best judgment when interacting with others, including when you submit or post User Content (described below) or any personal or other information.
You must follow any other guidelines or directions we provide through the Services, such as in regard to postings, pricing or any Expert obligations.
Our Relationship
We do not personally provide expert advice or professional services to Users. As noted near the top of these Terms, we operate solely as a forum to connect and facilitate interactions between Users and Experts, but are not a party to (or responsible for) any Expert Services or other transaction between Users and Experts. Experts are not our employees or agents, and we do not act as an agent for any User. As a general matter we will not be involved in any conversations you may engage in with Experts or other Users.
Certain Experts may be licensed, certified, educated or otherwise have experience in particular jurisdictions, but ALL EXPERT SERVICES OFFERED THROUGH US ARE FOR INFORMATIONAL PURPOSES ONLY, and are not a substitute for appropriate in-person evaluations or qualified professional services (e.g., medical, legal, accounting, financial services). The Services are not intended to adhere to the laws, regulations, standards, practices or procedures applicable to any professional fields, such as those referenced above. DO NOT USE OUR SERVICES WITH RESPECT TO ANY MEDICAL EMERGENCY, URGENT CONCERN ABOUT PHYSICAL SAFETY OR OTHER CRISIS SITUATIONS; immediately contact qualified providers where appropriate (such as dialing 911). Our use of the term “Expert” in the Services only indicates that such individuals present themselves as being capable of providing assistance in particular identified areas, but it does not guarantee any professional qualifications or level of expertise of these Experts. We may choose to review or vet individuals promoting themselves as an Expert on our services (and anyone seeking to be an Expert consents to us doing so), but we are not required to do so and Users should use their own judgment when assessing whether anyone listed as an Expert on the Services is qualified to provide the Expert Services they are offering. We can reject anyone’s ability to operate as a User or Expert on our Services for any reason and at any time in our sole discretion.
Users may use our Services to locate a potentially-suitable Expert, but we do not refer User to any Expert and do not endorse or recommend any particular Expert. We are not responsible for any Expert Services offered or provided in connection with our Services, or the compliance with applicable laws, rules or regulations that may be applicable to the Expert Services. Users and Experts are solely responsible for their respective compliance with any laws or other requirements applicable to the Expert Services. We have no control over the accuracy or correctness of the content or information provided by Experts. Users and Experts are solely responsible for any Expert Services engagement, including with respect to the quality, accuracy and legality of Expert Services advertised or provided, or the ability of Users to pay for Expert Services.
As a condition of your use of the Services, you expressly represent and warrant that: (i) you possess the legal authority to create a binding legal obligation with respect to any terms you enter into concerning Expert Services offered through the Services; (ii) you will only use the Services to post, view or engage in available Expert Services for yourself or for another person or entity for whom you are legally authorized to act; (iii) if you are offering or obtaining Expert Services on behalf of another person or entity, you are individually responsible for ensuring that they are subject to these Terms; (iv) if you are listing or offering Expert Services, you are (or are authorized to act on behalf of) the Expert providing those services.
As a User of the Services, you acknowledge and agree that you may be required to enter into a separate agreement and/or waiver directly between any other party to a transaction you enter into (e.g., User with Expert), prior to purchasing any Expert Services, and such agreement and/or waiver may place additional restrictions on such services. Any separate agreements and/or waivers relating to Expert Services are under the sole control of the parties to such agreements and/or waivers and not us, but shall not contradict or conflict with these Terms.
If you are a prospective or actual Expert, you acknowledge and agree that you are solely responsible for ensuring compliance with all laws, rules and regulations applicable to the Expert Services you offer or provide through our Services.
Payment Services
While we are not a party to any agreement between you and other User or Expert, you acknowledge and agree that we may act as the payment agent for Expert Services or other third party services made available to you through the Services.
Your provision of financial information to us for purposes of payment is governed by these Terms including our Privacy Policy. To make a payment through the Services, you must be a Registered User and provide payment authorizations for purchases consistent with these Terms, as well as any other terms governing the services you are receiving. You agree to provide all reasonably-requested information, such as a credit card or other payment information to be used for pre-authorization/reserve and payment/capture for purchased services. Payment used for a purchase will be transmitted by us to the intended party (e.g., Expert or other third party provider). By providing your credit card or other payment information to us, you agree that we are authorized to charge your card or other payment provider with the total cost of the purchase (e.g., Expert Services, taxes and any required deposit, as described below). We may use a service provider to provide payment processing services including to store your credit card information to facilitate future payments as described herein and you expressly authorize such storage.
We typically place a charge authorization on a User's payment card until after Expert Services are completed, at which time the charge is processed. If the Expert does not show up for the requested services, no charge is processed. Unless otherwise agreed by us in writing in our discretion, we will deduct a service charge for facilitating a transaction through the Services (the “Services Charge”). For Expert Services, the Services Charge is 20% of the total amount charged to the User (i.e., the Expert Services and any additional expenses or taxes we are required to collect), and the remainder of the User’s payment will be transmitted to the Expert. A Services Charge may be applied to other third party services offered through the Services, as agreed upon between us and the applicable provider.
We reserve the right to round up amounts to the nearest whole dollar (for example, $202.60 will be rounded to $203). We will process all charges in US dollars. We may adjust the Services Charge for Expert Services at any time, provided that any such adjustment will be effective the next time you purchase Expert Services after such fee change goes into effect (i.e., Expert Services already purchased will be subject to the Services Charge in effect at the time of purchase). As an Expert or other service provider using the Services, you agree that you will not try to circumvent us by any means, which includes but is not limited to receiving payment from Users outside of the Services to avoid paying the Services Charge. Any attempt to circumvent the Services Charge will result in account suspension and removal from the Services. We may correct any errors or mistakes in pricing, even if we have already requested or received payment. We may refuse any transaction placed through the Services.
Payments to Experts.
We may use Stripe or a similar payment platform to facilitate payments and related services to onboard Users and Experts, collect payment and identification details, and transfer money to recipient bank accounts. Before an Expert can book sessions or receive payments for Expert Services, the Expert will need to complete the provided onboarding process. The process may include know-your-customer (KYC) checks, identify verification, and other appropriate vetting activities. When creating an Expert account the onboarding process will be initiated and the prospective Expert may be redirected to Stripe or a similar services to complete the onboarding process with identification details (e.g., name, address, social media accounts) and payment accounts (e.g., bank account or debit card). The prospective Expert will then be redirected back to our Services.
Once an Expert has successfully completed onboarding, they will generally be able receive payments through our Services. Approximately once a month, each Expert account will be checked to see if payments exceeding a payout threshold has been met (currently set at $100 but subject to change), and if yes, a payment will be made to the Expert’s specified account. If the threshold is not met, the funds will remain in place until the next payment cycle and this process will continue until the threshold amount is met. Experts will be able to see summary information about their payouts within their account settings.
We reserve the right to withhold or reverse payment (or any portion thereof) to an Expert if we suspect there has been fraud or other suspicious activity in connection with the Expert Services or payment.
ANY DIRECT OR INDIRECT EXCHANGE OF MONEY BETWEEN USERS AND EXPERTS OTHER THAN PAYMENT THROUGH US (EXCLUDING APPLICABLE TAXES) IS A VIOLATION OF THESE TERMS.
Taxes.
Expert Services fees and any other fees or expenses charged through our Services may be subject to applicable local, federal and state taxes, as well as app store charges. We may charge and collect all applicable taxes and app store charges we are required to collect and which are imposed by a governmental authority or app store on any transactions we process. Nevertheless, it is the sole responsibility of the Expert or other party receiving funds from us to collect and remit any taxes that we do not charge and collect. To the extent applicable taxes are charged and collected from the User by us, the Expert should not charge and collect the same amount of such taxes from the User.
Cancellations or Refunds.
To avoid being charged, a User must cancel a scheduled session with an Expert a minimum of 24 hours prior to the scheduled time. A User cannot cancel a scheduled session with less than 24 hours’ notice and will be charged the full amount for that session. Likewise, if a User fails to attend part or all of a scheduled Expert session, the User will still be charged the full amount for that session. If a User is 15 or more minutes late to a scheduled session, without contacting the Expert about being late, the Expert may complete the remaining time of the session, or cancel the session, and still receive payment in full.
If an Expert misses part or all of a scheduled session with a User to provide Expert Services, the User can request a refund for the missed time via the support portal. Expert Services and other transactions we facilitate may not otherwise be cancelled or refunded except where expressly agreed upon by the parties (e.g., User and Expert), such as in a separate Expert Services agreement, or where cancellation and/or refund is required by applicable law.
A User must rate the Expert as prompted following the end of any session. If a User fails to rate an Expert for any reason, said User will not be entitled to seek a refund or other means of recourse in regards to that session.
If for any reason Expert Services or another contemplated transaction is canceled by the Expert or Services (i.e., not by the User), the User shall be refunded all sums paid to us for those services, other than the Services Charge and any taxes remitted to a taxing authority prior to the cancellation.
Release and Indemnity
IN THE EVENT OF A DISPUTE BETWEEN A USER AND EXPERT, THE USER AND EXPERT, JOINTLY AND SEVERALLY, HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS US ALONG WITH OUR AFFILIATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND SERVICE PROVIDERS (COLLECTIVELY, THE “EXPERT SESSION PARTIES”) FROM ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE “CLAIMS”), KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING, WITHOUT LIMITATION, DISPUTES ARISING OVER BREACH OF THIS AGREEMENT, BREACH OF ANY SEPARATE AGREEMENT OR TRANSACTION, AND/OR THE PROPERTIES. FURTHER, USER AND EXPERT EACH HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE EXPERT SESSION PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF A USER AND/OR EXPERT (1) BREACH OF THE TERMS, (2) VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND/OR (3) USE OF THE SERVICES.
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in violation of any applicable laws or regulations; (h) otherwise act in a fraudulent, illegal, misleading, malicious or negligent manner when using the Services; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (k) access or use the Services by means of any automated program, expert system, electronic agent or “bot”; (l) give any other person or entity unauthorized access to the Services or (m) scrape, copy, republish, license, or sell the information or Materials on the Services. We may pursue legal action and/or report to law enforcement for any such violations.
Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy, which is incorporated herein by reference.
The Services we provide may contain postings, forums and other features (collectively, “Interactive Services”) that allow Users and Experts to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) information, images, links and other content or materials (collectively, “User Content”) on or through the Services. You represent and warrant that: (a) your User Content complies with these Terms; (b) you own or control all rights to the User Content posted by you through the Services or otherwise have the right to grant the rights and licenses set forth in these Terms; (c) You will pay for all royalties, fees, and any other monies owed by reason of User Content you post through the Services; (d) You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not us, have full responsibility for such materials, including its legality, reliability, accuracy, and appropriateness; and (e) we are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Services. We are not a backup service and you agree that you will not rely on the Services for the purposes of storing User Content. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
Users and Experts hereby agree that each may a record a session during which Expert Services are provided, however (i) anyone recording a session must clearly disclose it to the other party, and (ii) the recording shall be used solely by the User and/or Expert unless otherwise agreed upon in writing (or in the recording) between the User and Expert.
User Content may include reviews or ratings we permit to be submitted through the Services. When posting a review or rating, you must: (1) comply with these Terms (for example, see the Prohibited Actions above); (2) have firsthand experience with the Expert, User and/or services being reviewed; (3) not be affiliated with any competitor if posting negative reviews; (4) not make any conclusions as to the legality of any conduct; and (5) not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion.
You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Content that you post through the Services or otherwise provide to us, subject to our Privacy Policy. User Content will be considered non-confidential and non-proprietary. Furthermore, our Services may be subject to a compromise of security and the submission of User Content or other information you provide may not be secure. It is in our sole discretion to share, reproduce, publish, or post through the Services any User Content submitted by you or on your behalf.
We do not accept unsolicited materials or ideas, and take no responsibility for any materials or ideas so transmitted. If you choose to send us content, information, ideas, suggestions, or other materials, you agree that we are free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement, please follow the instructions below; otherwise, you can report any issues to us via the contact information provided at the end of these Terms. The remaining information in this section is provided exclusively for notifying us that your copyrighted material may have been infringed.
Pursuant to 17 U.S.C. 512(c)(2), written notification must be submitted in writing to the Designated Agent as follows:
Attn: DMCA Agent
Subject: Notification of Claimed Infringement
By mail to: Expert Session, 517 Boston Post Road, P.O. Box 1050,
Sudbury, MA 01776
Or via email to: [email protected]
To be effective, the notification of copyright infringement must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) 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; (3) 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; (4) 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; (5) 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; and (6) 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.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with these Terms. The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts and other materials provided on or through the Services. Except as provided herein, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without prior written permission from us or the third party owner. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the Materials infringe on any of your intellectual property rights, please contact us immediately via the contact information provided below. Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Services and Materials. We may pursue legal action under applicable laws and/or report to law enforcement for any violations, any we may terminate the account of any user believed to violate our Terms. We may also disable any social media features and any links at any time without notice in our sole discretion.
Trademarks and service marks that may be referred to in the Services are our property or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. You are not authorized to use our company and brand names and logos without express written permission, except to the extent otherwise permitted by law.
We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.
Although we may control some of the hyperlinks in the Services, other links within the Services may lead to third-party sites. We include these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that we are in any way affiliated with the linked site. The Services do not incorporate any materials appearing in such linked sites by reference. We reserve the right to terminate a link to a third party web site at any time. The third party sites are not controlled by us, and may have different terms of use and privacy policies, which we encourage you to review.
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.
YOUR USE OF THE SERVICES, MATERIALS AND USER CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
WE DO NOT ENDORSE, APPROVE OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES OR ANY EXPERT OR EXPERT SERVICES, AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE SERVICES OR PROVIDED EXPERT SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT POSTED ON THE SERVICES OR IN THE EXPERT SERVICES, FOR YOUR USE OF ANY EXPERT SERVICES, OR FOR THE CONDUCT OF USERS, EXPERTS OR THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence.
You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and any User Content or Expert Services you make available via the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise.
THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS WILL GOVERN THESE TERMS (INCLUDING THE Privacy Policy) AND ANY DISPUTE RELATING TO THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN BOSTON, MASSACHUSETTS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.
We are reachable via the contact information at the end of these Terms to address any concerns you may have regarding your use of the Services. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations, which shall be a precondition to you initiating a lawsuit or arbitration against us. Any matter or dispute relating in any way to your use of the Services or these Terms which is not so resolved shall be submitted to binding confidential arbitration as provided below.
Excluding claims by us for injunctive or other non-monetary relief, any claims related to the Services and any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Streamlined Arbitration Rules & Procedures then in effect. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, except to the extent that disclosure may be legally required of a party, necessary to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
The arbitration shall take place in Boston, Massachusetts or at the option of the party seeking relief, online, by telephone, via written submissions alone or in your state of residence if requested, and be administered by JAMS; provided however, that in the event that five (5) or more individuals seek to initiate (or do initiate) arbitration proceedings against us in a coordinated or related manner (e.g., coordination among plaintiffs or their counsel in regard to similar claims), then instead of such arbitrations being administered by JAMS, we may elect to consolidate such arbitrations before an arbitrator mutually agreed-upon by the Parties (and terminate any pending administration by JAMS), (i) with such arbitrator being a retired federal or state judge and experienced with the subject matter of the arbitration, and (ii) except with respect to administration of the arbitration proceedings, the arbitrator shall follow JAMS Inc. Streamlined Arbitration Rules and Procedures unless the arbitrator insists on using the rules and procedures of the arbitration organization they are affiliated with instead.
YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY JUDICIAL PROCEEDING. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT FOR CONSOLIDATED ARBITRATION AS PROVIDED ABOVE, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree (and for consolidated arbitration as provided above), no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Our Services are operated from the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
You agree that these Terms (including our Privacy Policy which is incorporated by reference) constitute the complete and exclusive statement of the agreement between you and us and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Services.
If you access our apps from a third party app store platform (e.g., Apple, Google) (“App Store”), your access and use of the Apps will also be subject to that App Store’s terms (“App Store Terms”). For informational purposes, note that the App Store Terms generally provide that you agree or acknowledge as follows:
These Terms are between you and us only, and not with the App Store, and the App Store is not responsible for our Apps and Materials. You acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, the App Store has no warranty obligations whatsoever with respect to the Apps.
Your license to use the Apps is limited to a non-transferable license to use the Apps on any devices supported by that App Store that you own or control, and as permitted by the usage rules set forth in the App Store Terms, except that the Apps may at times be accessed and used by other accounts associated with you (e.g., via family sharing programs).
The App Store is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third party claim that the Apps or your possession and use of Apps infringe that third party’s intellectual property rights, we, not the App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, subject to our Terms.
Under some App Store Terms, you must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
The App Store provider with its legal affiliates are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Please review your App Store Terms for additional relevant terms and conditions that may apply. We do not control your applicable App Store Terms, including their Privacy Policy and practices.
If you have any questions, concerns or comments about these Terms or our Services, or if you would like us to update information or preferences you provided to us, please contact us by mail to: Expert Session, 517 Boston Post Road, P.O. Box 1050, Sudbury, MA 01776; or via email to [email protected].
These Terms were last updated December 13, 2023.
Protecting your personal information is important to us. This Privacy Policy describes how Expert Session LLC (“our,” “us,” or “we”) collects, uses, or discloses personal information we receive through our website (www.expertsession.com), mobile apps, and other related online or offline services we may offer (collectively, the “Services”). This policy also describes your choices about the collection and use of your information.
Please read the Privacy Policy carefully before you start to use our Services. By using the Services, you agree to be bound and abide by our posted Terms of Use (the “Terms”) and this Privacy Policy. If you do not agree to both the Terms and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. Please see Sections 12-14 of our Terms of Use regarding your legal rights in any dispute involving our Services.
We may collect information about you by various means, including:
Directly from you, both online (e.g., website registration, postings) and offline (e.g., phone);
Through your use of our Services; and
From other third party sources and social media platforms that you may use to engage with us, as well as from our affiliates or third parties for the purposes provided below, and/or to supplement information we already possess.
In order to better provide you with our Services, we may collect the following categories of information:
Profile and registration information, such as a username and password, name, mailing address, e-mail address, phone number, and usage and subscription preferences, which may include signing up to some of our Services or communications from us;
Identity/Background verification, in the event we want to validate someone’s identity or Background (e.g., expertise), we may request a copy of government-issued identification, the ability to conduct a background check, or other relevant evidence, but such information will be used strictly for such purposes;
Transactional information including payment information and transactions made through the Services;
User Content you may provide to publicly post via the Services if we permit (e.g., Expert bios, Expert Services, photos, comments, reviews, ratings);
Survey information in response to questions we may send you in connection with the Services, including for feedback and research purposes;
Communications between you and us, such as via e-mail, mail, phone or other channels;
Offline activity you directly engage in with us, if any; and
Online User Activity described in the next section.
If you provide us with information regarding another individual, you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this policy.
Cookies are a commonly-used web technology that allow websites to store and retrieve certain
information on a user’s system, and track users’ online activities. We, together with vendors we use, may collect information about your use of our Services by such automated means, including but not limited to cookies, pixels, SDKs and other similar technologies.
Cookies and similar technologies can help us automatically identify you when you return to our website. Cookies help us review website traffic patterns, improve the website, and determine what Services are popular. We can also use such information to deliver customized content and advertising to users of the Services whose behavior indicates that they are interested in a particular subject area.
When you use the Services, the information we may collect by automated means includes, for example:
Usage Details about your interaction with our Services (such as the date, time, and length of visits, and specific pages or content accessed during the visits, search terms, frequency of the visits, referring website addresses);
Device Information including the IP address and other details of a device that you use to connect with our Services (such as device type and unique device identifier, operating system, browser type, mobile network information, and the device's telephone number); and
Location information where you choose to provide the website with access to information about
your device’s location.
We may also ask advertisers or other partners to serve ads or services to you, which may use cookies or similar technologies placed by us or the third party. If a user does not want information collected through the use of cookies, most browsers allow the visitor to reject cookies, but if you choose to decline cookies, you may not be able to fully experience the interactive features our Services provide. We may share non-personal information obtained via cookies with our advertisers and affiliates. Because there is not yet a consensus on how companies should respond to web browser-based do-not-track (“DNT”) mechanisms, we do not respond to web browser-based DNT signals at this time.
We may use the information we obtain about you for purposes allowed by applicable laws, including:
Provide our Services to you, including to maintain your account, facilitate interactions between users (e.g., Users and Experts), manage any purchases or transactions, provide important notices, respond to your requests, questions and comments and provide customer support;
Monitor the performance of our Services including metrics such as total number of visitors, traffic, and demographic patterns; and
Tailor the content we display to you in our Services and communications, including advertising, and offer products and services that we believe may be of interest to you;
Operate, evaluate and improve our programs, our websites and other products and services we offer (including to develop new services), and diagnose or fix technology problems;
Analyze and enhance our communications and strategies (including by identifying when emails sent to you have been received and read);
Inform you about changes to this Privacy Policy and our Terms of Use and other policies; and
Comply with and enforce as needed applicable legal requirements, industry standards, our policies and our contractual rights, as needed for security purposes, and to investigate possible fraud or safety issues.
We may also use or share information in an anonymized or aggregate manner for many purposes such as research, analysis, modeling, marketing, and improvement of our Services.
You may see us advertising on various websites, web pages, social media and other platforms. Please note that online advertising services do not always provide us with complete information about the platforms or websites on which our advertising may appear. If you believe that our advertising is being displayed through websites or channels that promote inappropriate or offensive content, please contact us.
We will share your information as you direct, such as facilitating engagements and interactions between a User and Expert in order to facilitate Expert Services.
We will not disclose your personal information to third parties without your consent, except in the following circumstances:
We may share your information with service providers that we believe need the information to perform a technology, business, or other professional function for us (examples include IT services, maintenance and hosting of our Services, payment processors, shipping and returns partners, marketing partners, and other service providers). We only provide such vendors with information so they can perform their required functions on our behalf.
If you voluntarily share or submit any User Content including contact information (e.g., name) or content (e.g., offered Expert Services, picture), or commentary (e.g., Expert review or rating) for public posting through our Services, or link it to any social media platforms, that post and any content or information associated with it may become available to the public. See our Terms of Use for more information about how we may use such User Content.
We also may disclose information about you (i) if we are required to do so by law or legal process, (ii) when we believe disclosure is necessary to prevent harm or financial loss, (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity; or (iv) under exigent circumstances to protect the personal safety of our staff, users or the public.
We reserve the right to transfer the information we maintain in the event we sell or transfer all or a portion of our business or assets. If we engage in such a sale or transfer, we will make reasonable efforts to direct the recipient to use your personal information in a manner that is consistent with this Privacy Policy.
Where appropriate, we will limit sharing of your information in accordance with the choices you have provided to us and consistent with applicable law.
We offer you certain choices about what information we collect from you, how we use and disclose the information, and how we communicate with you.
Marketing Emails: From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. You may choose not to receive marketing emails from us by clicking on the unsubscribe link in the marketing emails you receive from us. Even if you opt out of receiving such communications, we will continue sending you non-marketing email communications, such as administrative or transaction alerts, or information about changes to our terms of service.
Cookies: Web browsers may offer users the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our Services may not function correctly.
Targeted Advertising: We may potentially work with advertising partners who collect information about your online activities and provide you with choices regarding the use of your browsing behavior for purposes of targeted advertising. Popular advertising services you may opt out of targeted advertising from include Google, Facebook, the Network Advertising Initiative and Digital Advertising Alliance.
Device settings: Your device may enable you to disable certain permissions or functionality in our Apps (e.g., location); however, when necessary permissions or functionality are disabled, some features or functionality of our Apps may not function correctly. You can also disable popup notifications in device settings.
App User Account: You may terminate your user account and personal information (if any) within the app’s account settings. We may retain any account information or User Content for internal purposes or as otherwise provided in this Privacy Policy and our Terms of Use.
Certain privacy laws may provide additional rights with respect to the collection and use of personal information collected by businesses. This may include the right to request that a business: (i) disclose personal information maintained about the individual; (ii) correct or delete personal information maintained about the individual (subject to certain exceptions); or (iii) not sell personal information about the individual to a third party (excluding qualified service providers). It can be unlawful to discriminate against an individual for exercising such rights. You can submit such requests to us via the contact information provided below and we will endeavor to fulfill any obligations that are legally required, otherwise we will respond to such requests in our discretion.
Our Services may contain links to other websites or online services, including social media. Please be aware that we are not responsible for the content or privacy practices of such other websites or online services, and we encourage you to be aware when you leave our Services and to read the privacy statements of any other website or online service that collects personal information.
You may see us promoted by other businesses on various websites, web pages, social media and other platforms. Please note that we do not always have complete information about where our brand may be displayed or promoted, and if you believe that we are featured in venues that are inappropriate or offensive, please contact us.
Expert Session's use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.
We endeavor to maintain reasonable administrative, technical and physical safeguards designed to protect the personal information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, we cannot ensure the security of any information you transmit to us, or guarantee that this information will not be accessed, disclosed, altered, or destroyed. We will make any legally required disclosures in the event of any compromise of personal information. To the extent the law allows us to provide such notification via e-mail or conspicuous posting on the Services, you agree to accept notice in that form.
We do not knowingly collect personal information from children under the age of 13 on our Services. If you believe that a child under 13 provided personal information to us through the Services, please notify us. If we learn that we have received personal information from a child under 13 without parental consent, we will endeavor to promptly delete that information.
If you are a California resident under the age of 18, do not share any personal information on any public content channel we may offer (e.g., User Content). If you do post any such information, you can request removal by contacting us as directed below.
Our Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Any information you provide through use of the Services may be stored and processed, transferred between and accessed from the United States and other countries which may not guarantee the same level of protection of personal information as the one in which you reside. However, we will handle your personal information in accordance with this Privacy Policy regardless of where your personal information is stored or accessed.
We may revise or update this Privacy Policy at any time by posting the updated version on our Services. We may also notify you via email about changes to our Privacy Policy. We will indicate on our Privacy Policy when it was most recently updated. Your continued use of our Services after such updates will constitute an acknowledgment of the change and agreement to abide and be bound by the updated Privacy Policy.
If you have any questions, concerns or comments about this Privacy Policy, our privacy practices, or if you would like us to update information or preferences you provided to us, please contact us by mail to: Expert Session, 517 Boston Post Road, P.O. Box 1050, Sudbury, MA 01776; or via email to [email protected].
This Privacy Policy was last updated May 9, 2023.