Capitalized terms not defined in this Expert Agreement will have the meanings set forth in the Terms.
Right to Modify Expert Agreement
We reserve the right, at Our discretion, to modify the terms of this Expert Agreement, which modification will be effective 10 days following the posting of the modification to the Site or providing notice to You, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by either notifying You via Your email address or by posting such latest changes on the Site. You should continue check the Site for changes Your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to You, whichever occurs first, will mean You accept those changes.
Expert Accounts and Conduct
The specific features of the Site are to be determined solely by Mexper and are subject to change or termination without notice. You have no rights in and to the Site and services or in and to any use or continued use of such Site or services. The Site makes no representation or warranty of any kind as to the ability or willingness of other Users to pay for the Expert Marketplace Service provided by You. In particular, Expert acknowledges that Mexper is not liable or responsible for any Client's cancelation of any prepayment for a Meeting that was made via PayPal preapproval method directly at PayPal and not in accordance with the terms of the Meeting Price & Policy by Mexper's system.
Without limiting any other remedies, We may suspend or terminate Your account/Card, fully or partially, if We suspect, in Our sole judgment, that You have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of the terms of this Expert Agreement, the Site Terms or related agreements with Mexper. Mexper also may suspend or terminate Your account/Card, fully or partially, if We determine, in Our sole judgment (which may be based in whole or in part on Your User rating), that You are not providing quality service. If Mexper suspends or terminates Your account, You may not open a new account (under Your name, a fictitious name or someone else's name).
You will be solely and fully liable and responsible for all activities, consulting and answers provided under Your username and password.
You are not permitted to send Client anything other than answers to Client's questions or legitimate requests for information.
Mexper reserves the right to physically and remotely audit Expert's use of the Site and Expert's use of the Expert Marketplace Service during normal business hours and with reasonable notice in order to examine the Expert compliance with the Site Terms.
Expert Representations and Warranties
By agreeing to this Expert Agreement and completing the online registration process, You are representing and agreeing that:
1. All information You provide about Yourself in connection with the Site is accurate, complete and not in any respect misleading. You accurately describe Your authority to practice, background, skills, knowledge and Your level of experience (including professional licenses, certifications, education, employment, etc). You will maintain and update such information within twenty-four (24) hours of any changes so that it remains true, accurate and complete. In addition, if any change makes You ineligible to be an Expert on the Site, then You must immediately cease providing your expert services to the Expert Marketplace Service on the Site.
2. You are at least 18 years of age or a legally organized entity and that You are authorized to represent the person or entity that is submitting an expert registration, to sign the registration form on its behalf and bind it.
3. You will not create a misleading name or listing.
4. You will not disclose any information that was provided to You by a Client and You will maintain confidential Client's private information.
5. You agree that Mexper may randomly check the Expert's Card and amend any typing or spelling errors. Mexper may further remove any Content on Expert's Card violating this Expert Agreement and/or Site Terms.
6. Expert will not attempt to provide any service that he or she is not qualified to provide, even if requested to do so by a Client.
7. Any permissions, content or information that Client discloses, provides or makes available to the Expert shall be used solely for the purpose for which it was granted. For example, if a Client makes available to an Expert a remote access to such Client's computer in order to fix a technical problem, Expert shall not exploit such remote access for any other purpose including, but not limited to, gaining access to the Client's files.
8. Expert is aware of the responsibility given to him by remote access to computers, stations, servers and any infrastructure that is critical to Client's personal and organization and Expert is responsible for his or her work in such a critical environment.
9. Expert will explain, if relevant, that the communications are not encrypted and will explain the potential hazards of unsecured communication over the Internet.
10. You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional unless You are a licensed professional in the relevant field of expertise.
11. You will not use the Site in any way to solicit or contact any other Users to ask or answer questions on any other website.
12. You will not mislead Client to believe that You can provide a service which is outside Your fields of expertise.
13. You will be solely responsible for the service You give to Clients.
14. You agree and acknowledge that nothing regarding Your participation on the Site will be considered as an endorsement, referral or recommendation by Mexper or any other Expert of You or the answers/consulting You provide and You will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
15. You will provide competent answers/consulting that are within Your realm of expertise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers/consulting (a reasonable standard of care being the higher of (i) the standard You apply in Your profession not conducted on the Site or on the Internet and (ii) the standard of care required by the applicable profession). For example, if the standard of care requires in-person evaluation or specific professional advice, do not provide any advice or suggestions regarding the requested matter to the respective Client.
16. Experts in the medical, health or veterinary categories shall not diagnose, treat or recommend treatment or a course of action that should only be performed after an in-person examination or meeting.
17. Experts in the legal categories must be attorneys licensed to practice law in the relevant jurisdiction, and be in good standing.
18. The Expert is aware that Client has access to feedback ratings where he or she can score Meetings or webinars which have taken place. The feedback rating will be visible to all Users of the Site. You will not do anything to manipulate, undermine or disrupt the integrity of any User or other feedback ratings, reports or systems on the Site. You will not harass or threaten any other User of the Site.
19. You will abide by all the laws, rules, regulations, and ethical standards pertaining to Your profession and/or the profession applicable to categories in which You are an Expert.
20. You will not stalk, threaten or harass Client or other Experts or infringe or attempt to infringe upon their privacy.
21. You will not make any statement that disparages Mexper, its services, products, directors, officers, employees, shareholders or agents (i) to any Users of the Site or (ii) in any location outside of the Site, except as required by law or in communications exclusively to Mexper.
22. You will be solely responsible for reporting and payment of taxes related to Your Expert fee.
23. You will be responsible for any tax liability with respect to Expert fees that are transferred to You by Clients.
24. You may cancel at any time and at Your sole discretion a Meeting that was scheduled with a Client provided that You shall refund the Client for any consideration, if any, prepaid for such Meeting.
25. You are aware that as a default, Mexper sets a minimum price per minute for a Meeting. Experts may change such default price at their sole discretion.
26. Expert is aware that he or she will not be able to check the history of any chat or Meeting with a Client.
27. Expert is aware that he\she can start an event only from its scheduled time and until its duration or if has absence fee then until event waiting duration only.
28. Expert is commited to join the event for the purpose of broadcasting his expertise on the webinar subject and for a webinar duration period. if mexper system experience problem with his tracking activity it may cancel or hold all client payments for the event
29. Expert is aware that any disconnections during the event are a reason cancels its absence fee . Clients are charged on their counter stage.
30. Expert is aware that any reports on webinar events may lead to payments hold or cancellation
Content and License
You agree that You will not display, post, submit, publish or transmit Expert Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (vii) is otherwise malicious or fraudulent.
You represent and warrant that: You own or have the necessary rights and permissions to use and authorize Us to use all Intellectual Property Rights in and to any Expert Content. You retain all of Your ownership rights in Your Expert Content. You hereby grant Us a free, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, transmit and perform Your Expert Content for the purpose of performing the Expert Marketplace Service. You also hereby grant the applicable Client a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such Expert Content for its personal use. For the sake of clarity, Client may record the Meeting for its personal use.
Experts Service Price
All interactions between Client and Expert will be billed and paid directly to the Expert PayPal account via the Site in accordance with the terms specified in the Terms. In particular, Expert commits to comply with the terms specified in the Terms regarding the Expert Marketplace Service and Expert's obligations toward Client. Expert agrees to abide by the Meeting Price & Policy while utilizing the Site.
Experts are not permitted to collect from a Client the applicable Meeting's price agreed between the Client and Expert or the Webinar price outside of the Site.
The Expert is solely responsible for his PayPal verification for receiving the applicable consideration from the Client and the authorization to participate in PayPal chain payment.
Mexper is not responsible for Client's breach of the Terms including Client's non compliance with its pre-approval payment obligation for meetings with the Expert.
The Site's billing system is not error-free, and Mexper shall not be liable for any problems, miscalculations or malfunctions in processing the Expert prices or other payments due to the Expert including due to PayPal's rules and regulations. If the Expert thinks that a mistake has occurred he or she must send his/her inquiry to the Site at Support@mexper.com within 7 days of discovery of such mistake.
Expert shall make payments to Mexper by using a valid PayPal account ("PayPal Account").
Mexper will charge Expert a fixed payment processing and service transaction fee equal to [8.5 %] of the total price Expert charged the Client (the "Site Fee").
By using PayPal chain payments, which Expert agrees that it will continue to use, Expert authorizes Mexper to use PayPal
Expert warrants that he or she will maintain the PayPal Account with a financial institution in its own name for the payment of amounts payable hereunder. Expert further represents and warrants that it will have funds available in the PayPal Account in an amount sufficient to pay all payment obligations Expert has to Mexper.
Expert acknowledges that Mexper can terminate, cancel or suspend the Expert's access to the Site or Card including deactivating the Expert from setting a Meeting with Clients or selling access licenses to Webinars if Expert does not comply with the Site Terms, including but not limited, to the payment requirements set forth in this Expert Agreement.
Expert is aware that Mexper can change the Site Fee from time to time at its sole discretion.
You agree to defend, indemnify and hold harmless Mexper, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from Your use of or conduct on the Site and Expert Marketplace Service, including, without limitation, that results from any answer/consulting provided by You to a Client, Your Webinar, and any transactions that You may, or attempt to, enter into. This defense and indemnification obligation will survive the termination of this Expert Agreement and Your use of the Site.
This Expert Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
No relationship (such as partnership, agent, joint venture, or employee) between You and Mexper Site is created by this Expert Agreement or Your participation on the Site. We reserve the right to discontinue or modify any aspect of the Expert Marketplace Service at any time. This Expert Agreement and the relationship between You and Us are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and Mexper agree to submit to the personal and exclusive jurisdiction of the courts located in Tel- Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Expert Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Expert Agreement, which shall remain in full force and effect. No waiver of any term of this Expert Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under any of the Site Terms shall not constitute a waiver of such right or provision.
Last Updated: Oct 1st 2011