Terms Of Use
MEXPER SITE TERMS OF USE
Welcome to www.mexper.com (together with all of its Content (as defined below) and its services available through the domain and subdomains, “Site”), the web site that is a venue for on-line expert consulting services. Please read the following Terms of Use ("Terms") carefully before using this Site so that You are aware of Your legal rights and obligations with respect to the Site's owner Mexper Ltd., and its affiliates and subsidiaries (individually and collectively, "Mexper', "Our", "Us" or "We").
1. Definitions
1.1. "You", "Your" or "User" means any (i) viewer, visitor or user of the Site, (ii) individual or entity that creates an account on the Site, (iii) Client and/or (iv) Expert.
1.2."Client" refers to a User who pays for Expert Marketplace Services or any other services and/or products which are available on the Site.
1.3. "Expert" means a User who provides Expert Marketplace Services on the Site for payment.
1.4."Meeting" means a meeting between a Client and an Expert that for the purpose of Expert providing on-line consulting service to the Client in accordance with the agreed Meeting Price & Policy.
1.5."Meeting Price & Policy" means a Meeting price & policy that includes the Meeting price, Absence/Cancellation Fee, the Waiting Duration and other details which are included in Meeting Proposal (as such terms are defined below) that is confirmed by the Expert and prepaid by the Client via the PayPal preapproval method, as more fully described in Section 5.B below.
1.6. "Last Minute Cancellation" means cancellation of a scheduled Meeting less than cancellation advance notice days before its scheduled time, or such different time period, as agreed in the Meeting Price & Policy.
1.7. "Waiting Duration" means the time period measured from the scheduled Meeting start time in which the Expert is required to call the Meeting and the time period, following joining the Meeting that the Expert is required to stay connected await Client to join the Meeting..
1.8. "Client Absence" "Absence" and "Absent" means that the Client does not press on the Meeting play video button even though Expert has joined the respective Meeting during the Waiting Duration specified in the applicable Meeting Price & Policy.
1.9."Paused" means when a Meeting disconnects in a way other than via the close button, such Meeting status is "Paused".
1.10."Card" shall have the meaning set forth in the Privacy Policy.
1.11 Webinar Video - A prerecorded media that expert can upload to its card and client can purchase a limited license to watch
1.12 Webinar Event - A specific meeting type .
2. Your Acceptance
By using or visiting this Site, including without limitation contributing to or viewing the Site's Content (as defined below), You signify Your assent to (i) these Terms; (ii) Mexper's privacy policy ("Privacy Policy") (iii) Mexper expert agreement ("Expert Agreement") (to the extent You are an Expert), and (iv) any other legal notices published by Us on the Site (together the "Site Terms"), each of which You confirm You have read, understood and agree to be bound by. The Site Terms apply to all Users of the Site. If You do not agree to the Site Terms then please do not access or otherwise use the Site, the Site's services or any information contained herein.
3. Ability to Accept Terms
You affirm that You are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. In any case, You affirm that You are over the age of 13, as the Site is not intended for children under 13.
4. Website Access
A. We hereby grant You permission to use the Site, provided that: (i) You will not copy, distribute or modify any part of the Site without Our prior written authorization; (ii) You will not send unsolicited or unauthorized advertisements, spam, chain letters, etc.; (iii) You will not transmit any Content which contains software viruses, or other harmful computer code, files or programs; (iv) You will not disrupt servers or networks connected to the Site; (v) You will not take any actions that may undermine, disrupt or manipulate the integrity of the feedback (rating) system on the Site; and (vi) You comply with these Terms.
B. In order to access some of the services of the Site (including the Expert Marketplace Services (as defined below)), You may have to create an account. You may never use another's account without permission. You are solely responsible for the activity that occurs on Your account, and You must keep Your account password secure. You must notify Us immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of the Site or others due to such unauthorized use. We will not be liable for Your losses caused by any unauthorized use of Your account.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," and "offline readers," that accesses the Site in a manner that sends more request messages to Our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. We grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names or e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial or non-commercial solicitation purposes.
D. The specific features and functionality of the Site are to be determined solely by Mexper and are subject to change or termination without notice.
E. We have the right to terminate Your access to the Site and/or its services, cancel Your account and change any of Your user rank parameters, in Our sole discretion, immediately and with or without a cause.
F. For clarity, Mexper is not responsible for any User non compliance with these Terms. Each User has full responsibility for giving other User access to his file, computer, system, IT infrastructure etc and will have no claim against Mexper for the use of the above.
G. The Site is not responsible for any User non compliance with these Terms. Mexper enables the transfer of files between Users. When opening such file attachments received from other User it is the receiving User's responsibility to scan them with an anti-virus software application prior to opening them.
5. Expert Marketplace Services
A. What is the Expert Marketplace Service?
Mexper provides an online platform where a User can locate an Expert or client for the purpose of consulting, tutoring, therapy, software support, teaching, learning, lecturing and guiding ("Expert Marketplace Service").
Mexper provides a meeting service that enables the User to negotiate and communicate with Experts and to pay for a Meeting with an Expert.
Mexper provides a webinar event service that enables the client to register according to event terms in order to participate in expert's online broadcast.
The Expert Marketplace Service also includes an option to purchase a limited, revocable, non- exclusive, non-transferable, personal license to access certain webinars video published by the Expert
B. How to Schedule a Meeting or register to event
In order to schedule a Meeting between Expert and a Client, the Client or the Expert, as applicable, is required to click on the "Propose a Meeting" button. After clicking on the "Propose a Meeting" button, the Client or Expert, as applicable, shall be required to complete such Meeting's proposed terms that currently include the following details: the Meeting price, Absence/Cancellation fee the Waiting Duration and cancellation advance notice , the date and time of the Meeting (the Meeting price, Absence/Cancellation fee, the Waiting Duration, the date and time of the Meeting and any other required information shall be referred as "Meeting Proposal"). If the Meeting Proposal was submitted by the Expert to the Client, the Client can either modify the Meeting Proposal received by the Expert and send to the Expert a modified Meeting Proposal or confirm the Meeting Proposal sent by the Expert by prepaying for the Meeting via the PayPal preapproval method. If the Meeting Proposal was submitted by the Client the Expert can either confirm such Meeting Proposal or modify the Meeting Proposal received by the Client and send to the Client a modified Meeting Proposal. Unless a Meeting Proposal was confirmed by an Expert and prepaid by the Client via the PayPal preapproval method, the Expert may schedule a Meeting with another Client at the same time. If a Meeting Proposal was confirmed by the Expert and the Client prepaid for the Meeting via the PayPal preapproval method it means that the Meeting shall be captured in both Expert's and Client's calendars and such approved Meeting Proposal becomes the "Meeting Price & Policy" provided that Expert may, at any time, cancel or reschedule a prepaid Meeting without any liability or penalty as set forth in these Terms. Client shall be subject to terms set forth in the Meeting Price & Policy including such Meeting's cancellation and rescheduling terms. For clarity, an Expert's prices or other terms which are published on Expert's Card shall be considered only as an average price and shall not be considered as a binding offer.
Client can also register to webinar events that are published at expert card. Clients cannot cancel an event registration and are committed to event Price & Policy in cases when event are finished successfully.
C. Mexper limited warranty and liability with regard to the Expert Marketplace Service
FOR CLARITY, USE OF THE TERM "EXPERT" IS ONLY MEANT TO DESCRIBE CERTAIN USERS THAT PROVIDE CONSULTING SERVICES ON THE SITE, AND DOES NOT GUARANTEE A PARTICULAR LEVEL OF EXPERTISE FROM THE EXPERTS.
MEXPER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER AS TO THE WILLINGNESS OR ABILITY OF ANY EXPERT TO GIVE ADVICE, OR THAT THE CLIENT SHALL FIND THE ADVICE/CONSULTING GIVEN BY AN EXPERT SATISFACTORY, OR THAT IT WILL PROVIDE AN ADEQUATE SOLUTION TO HIS OR HER QUESTION, OR OTHERWISE BE SUITABLE TO HIS OR HER PARTICULAR NEEDS.
CLIENT ACKNOWLEDGES THAT EXPERTS ARE NOT EMPLOYEES, CONTRACTORS OR AGENTS OF MEXPER BUT ARE, LIKE CLIENT, INDEPENDENT, THIRD-PARTY USERS OF THE SITE AND MEXPER ASSUMES NO RESPONSIBILITY FOR ANY ACT OR OMISSION OF ANY EXPERT. THE EXPERTS MAY AT THEIR SOLE DISCRETION DETERMINE WHETHER OR NOT TO PROVIDE CERTAIN CLIENT EXPERT MARKETPLACE SERVICES.
THE SITE DOES NOT CONTROL THE QUALITY, ACCURACY OR RELEVANCE OF ADVICE PROVIDED BY EXPERTS AND ANY POSTINGS VIA THE EXPERT MARKETPLACE SERVICE OR TRANSMISSIONS THROUGH IT BY YOU OR THE EXPERTS, AS WELL AS THE QUALIFICATIONS OF EXPERTS. THE SITE CANNOT AND WILL NOT MAKE ANY EFFORT TO VERIFY THE IDENTITY, QUALIFICATIONS OR CREDENTIALS OF ANY EXPERT. THE SITE DOES NOT ENDORSE ANY EXPERT OR GUARANTEE THAT THE EXPERT IS CATEGORIZED CORRECTLY OR IN THE MOST APPROPRIATE CATEGORY TO PROVIDE THE ADVICE SOUGHT BY CLIENT.
YOU ACKNOWLEDGE THAT THE SITE DOES NOT EDIT, MODIFY, FILTER, SCREEN, MONITOR, ENDORSE OR GUARANTEE ANY CONTENT (INCLUDING WITHOUT LIMITATION WEBINAR, INFORMATION OR COMMUNICATIONS, ANSWERS, REQUESTS FOR INFORMATION, RESPONSES, PROFILES, QUALIFICATIONS OR COMMENTS) WHICH IS TRANSMITTED IN ANY MANNER BY AN EXPERT TO CLIENT VIA THE EXPERT MARKETPLACE SERVICE ("EXPERT CONTENT"). ACCORDINGLY, THE SITE IS NOT LIABLE FOR ANY ACTS OR OMISSIONS OF EXPERTS, EXPERT CONTENT, THE ABILITY OF EXPERTS TO PROVIDE THE SELECTED CONSULTING SERVICES OR THE ABILITY OF CLIENT TO PAY FOR THE EXPERT MARKETPLACE SERVICE. YOUR USE OF ANY EXPERT CONTENT (DEFINED BELOW), OR ANY PART THEREOF, IS MADE SOLELY AT YOUR OWN RISK AND RESPONSIBILITY. THE SITE IS NOT RESPONSIBLE FOR DECISIONS THE CLIENT MAKES WHICH RELY ON ADVICE BY AN EXPERT AND FOR THE CONSEQUENCES OF ANY AUTHORIZATIONS CONTENT, INFORMATION THAT CLIENT DISCLOSES, PROVIDES OR MAKES AVAILABLE TO THE EXPERT. FOR EXAMPLE, THE SITE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY REMOTE ACCESS THAT THE CLIENT GRANTED TO THE EXPERT TO HIS OR HER COMPUTER.
USERS HEREBY RELEASES AND AGREES TO HOLD HARMLESS MEXPER, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ADVISORS, CONSULTANTS, AND ASSIGNS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE ACTS OF MENTAL HEALTH PROFESSIONALS OR OTHER EXPERTS ACCESSED THROUGH THE SITE.
D. Special Notice With Regard To Mental Health Professionals
Without derogating from the above, if a Client chooses to interact with a mental health professional (the term "mental health professional" includes, but is not limited to, psychiatrists, psychologists, therapists, counselors and social workers) on the Site, the Client relationship (as with all other Experts) is strictly with the mental health professional and Mexper is not involved in any way with the substance of that relationship or the advice or information given therein. Mexper does not endorse or recommend any mental health professional or other Expert on the Site. Client understands that it is his or her responsibility to check the certification and/or licensing of the mental health professional and other Experts with the applicable state licensing board or authorities in the Expert’s state or country.
Client understands and agrees that, although a mental health professional or other Expert may have been accessed through the Site, Mexper cannot predict or assess the competence of, or appropriateness for particular Client's needs, of such mental health professional or other Expert. Client also understands that Client takes full responsibility for the decision to access a mental health professional or other Expert through the Site and to continue to interact with the mental health professional or other Expert, and that the role of Mexper is strictly limited to providing access to mental health professionals and other Experts and their services for Client's consideration.
Opinions of the mental health professionals and other Experts are solely their opinions, and not those of Mexper. Mexper does not assume any liability or responsibility for the accuracy, completeness and relevance of the Content on the Site, including the biographical information of the mental health professionals or other Experts. Mexper does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by an Expert.
IF YOU ARE THINKING ABOUT SUICIDE OR FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL OR WELFARE SERVICES. The Site is not the appropriate venue to address such situations.
E. Expert's obligations toward Client
Expert's Cancellation of Meeting or webinar. Expert may cancel at any time and at its sole discretion a Meeting that was scheduled between the Client and such Expert or a webinar event with registered clients provided that the Expert shall refund the Client consideration prepaid for such Meeting, if any, and this shall be the Client's sole remedy and the Expert's sole liability.
Expert Meeting Waiting Duration. Expert is obligated to join the Meeting during the Waiting Duration specified in the applicable Meeting Price & Policy. If the Expert does not join the Meeting during the Waiting Duration, the Expert shall not be entitled to receive any compensation from the Meeting even if the Client was Absent from such Meeting and shall be obligated to refund the Client consideration prepaid for such Meeting, if any, and this shall be the Client's sole remedy and the Expert's sole liability.
Meeting disconnects Before its End on Expert's Side or due to Technical Problems on Mexper's Side. When a Meeting disconnects on Expert's side or due to Technical Problems on Mexper's side for any reason, then the Meeting status is "Paused". Client and Expert can either continue the Paused Meeting during the next 48 hours (or another period if otherwise set by Mexper) from the specific counter state that Meeting was Paused or reschedule a new date for the Paused Meeting if both Client and Expert confirm, in which case it shall continue from the same counter state. If within the next 48 hours (or another period if otherwise set by Mexper) following the Paused Meeting the: (i) the Paused Meeting was not continued, or (ii) the Client and Expert do not reschedule a new date for such Paused Meeting; the status of the Paused Meeting is automatically closed and Client shall pay the Expert the price which is calculated based on the duration of the Meeting according to its actual counter amount until the Meeting status was converted to Paused.
Webinar event. Expert is oblige to start the event during its scheduled time until waiting duration or if does not exist then event duration and broadcast his expertise according to the webinar subject and duration time.
Webinar Event disconnects Before its End - When expert disconnects from an event either by closing or disconnecting unexpectedly then clients are charged on their counter stage.
Expert is aware and committed to all processes and explanations as described at the site FAQ (Frequently Asked Questions) !!
Expert Representations to Client
- Expert represents to Client that Expert will not disclose any information that was provided to Expert by a Client (including such Client's name or other personal information) or any participant invited by the Client. Expert will maintain confidential Client's private information. Expert shall treat any information provided by Client or any participant invited by the Client in a manner that is substantially consistent with and at least as protective and restrictive as the terms of the Site Privacy Policy and must use appropriate (but at least reasonable) confidentiality and security measures.
- Expert represents to Client that 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 made 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.
- Expert is aware of the responsibility given to him by remote access to computers, stations, servers and any infrastructure that is critical to Client and its organization and Expert is responsible for his or her work in such a critical environment.
F. Client's General Obligations
The Client has full responsibility for selecting the Expert and to verify the Expert's identity, qualifications, biographic information, licenses held, and other information delivered to him or her by an Expert or that is published on Expert's Card. Client will have no demand or claim against Mexper or any Expert for an Expert's decision not to provide the Client with Expert Marketplace Services.
Client will have no claim against Mexper for the quality, integrity, privacy, professionalism or the level of service that Client receives from his or her selected Expert. Client agrees to waive, and hereby does waive, any legal or equitable rights or remedies Client may have against Mexper with respect thereto.
Client has full responsibility for any results from giving Expert access to his or her files, computers, systems, IT infrastructure etc and will have no claim against Mexper for the use of the above.
Client may record the Meeting only for his or her personal use.
Client is aware that he or she will not be able to check the history of any chat or Meeting with an Expert.
Client has access to a feedback rating system where he or she can score Meetings which have taken place. The feedback rating will be visible to all Users of the Site. Client will not do anything to manipulate, undermine, or disrupt the integrity of any User or other feedback ratings, reports or systems on the Site, including but not limited to filing false reports about Experts or communicating with other Users about a plan of filing reports or making complaints about Experts.
Experts are not permitted to collect from a Client the applicable Meeting fee or Webinar fee outside of the Site. Client should report to Us any time an Expert requests to pay any consideration for a Meeting outside of the Site. Client should further report to Us any time if he or she receives unsolicited or unauthorized advertisements, spam, chain letters, etc from the Expert.
G. Client's obligations toward the Expert and Mexper
Personal Use. Client represents and warrants to Expert and Mexper that any Meeting that was recorded by the Client and any Expert Content may be used only for such Client's personal use.
Client Use of Webinar video. Client represents and warrants to Mexper and the Expert that it shall not copy, reproduce, download, distribute, prepare derivative works of, display and perform any video which he or she received access to. The access to the purchased Webinar video shall be limited to a specific period to be published on the Site. The Client may use such video solely for its personal use and may not share or disclose with any third party his or her password to the purchased video.
Webinar Absence Fee . client is aware that there is no registration cancellation. Client is charged on absence fee when his counter stage is lower then absence fee and event finished successfully.
Client Disconnects from a Meeting before its End.
A. Client Manually Disconnects from a Meeting by pressing on button that stops the Meeting or the Meeting video. If Client stops a Meeting at any time by pressing on a button that stops the Meeting or video, Client shall pay the Expert the higher of: (i) the Absence/Cancellation Fee (as defined below) specified in the Meeting Price & Policy, or (ii) the price which is calculated based on the duration of the Meeting according to its counter amount until the disconnection event.
B. Client Disconnects unexpectedly from a Meeting. When a Meeting disconnects on the Client side in a way other than via Client pressing on "stop" or any other button that closes the Meeting or video, then the Meeting status is "Paused". Client and Expert can either continue the Paused Meetings during the next 48 hours (or another period if otherwise set by Mexper) from the specific counter state that Meeting was Paused or reschedule a new date for the Paused Meeting which shall continue from the counter state. If within the next 48 hours (or another period if otherwise set by Mexper) following the Paused event the: (i) Meeting was not continued, (ii) the Client and Expert did not reschedule a new date for a Meeting; the status of the Paused Meeting is closed and Client shall pay the Expert the higher of: (i) the Absence/Cancellation Fee specified in the Meeting Price & Policy, (ii) price which is calculated based on the duration of the Meeting according to its counter amount until the Meeting status was converted to Paused.
Client Compliance with Payment Obligation. Client agrees to abide by the pricing terms agreed upon in the Meeting Price & Policy , Webinar video access price and webinar event registration price published on the Site. Client shall not cancel any prepayment for a Meeting that was made via the PayPal preapproval method directly at PayPal but only via the Mexper system. Client 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 and hereby authorizes the Expert to initiate debit entries to such PayPal account. Client agrees to have funds available in the PayPal account in an amount sufficient to pay all payment obligations Client has to Expert.
Client Absence / Last Minute Cancellation Fee. In the case of Client's Absence from a Meeting or Last Minute Cancellation, Client will be charged an amount equal to a percentage of the Meeting fee as specified in the Meeting Price & Policy ("Absence / Last Minute Cancellation Fee"). Client shall not be obligated to pay the Absence / Last Minute Cancellation Fee if: (i) the Expert and Client mutually agreed to reschedule such Meeting to another date, (ii) the Expert did not comply with the agreed Meeting Waiting Duration (iii) Expert canceled a Meeting before its date, or (iv) if the Absence/Cancellation Fee specified in the Meeting Price & Policy equals 0%.
Client is aware and committed to all processes and explanations as described at the site FAQ (Frequently Asked Questions) !!
H. Expert Marketplace Service Price
All interactions between Client and Expert will be billed and paid to the Expert PayPal account via the Site. The pricing terms of a Meeting shall be specified in a Meeting Price & Policy. Mexper's Expert Marketplace Service uses PayPal payment services to facilitate a transaction between Clients and Experts, and requires Clients to open a PayPal account for payment processing.
Mexper use preapproval method to hold payments from meeting confirmation or webinar registration until its scheduled time plus a 48 hours grace period to track both client and expert commitments and decide on the final charge that is transferred to the expert.
Subject to the terms specified above under Expert's obligations toward Client and Client's obligations toward Expert and Mexper, Client agrees to abide by the pricing terms agreed upon in the Meeting Price & Policy , Webinar video access price and webinar events registration price published on the Site.
Subject to the provisions with regard to Absence / Last Minute Cancellation Fee, time charges to Client for a Meeting are based on increments of a minute as measured on Mexper’s servers. Mexper's billing system is not error-free; therefore Mexper shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the Client. If the Client believes that a mistake has occurred he or she may send his or her complaint to Support@mexper.com.
In order to schedule a Meeting or participate in webinar event , the Meeting must be prepaid by Client via the PayPal preapproval method. Only after Client prepays for a Meeting with an Expert, such scheduled Meeting shall be captured in both Expert's and Client's calendars.
Only when client preapprve webinar event his place is captured at the event capacity. The Client may chat with the selected Expert without charge. When a Meeting starts, the Meeting screen will include a counter for the duration of the Meeting and accordingly the applicable price.
In the event of a conflict between the pricing terms specified in an Expert's Card and the pricing terms specified in a Meeting Price & Policy, the terms specified in the Meeting Price & Policy shall prevail.
Client on the Site pays per each Webinar video license in accordance with such Webinar license terms. The Webinar license price shall be published on the Site by the Expert and shall be considered as a binding offer which is not subject to negotiation between a Client and an Expert.
6. Intellectual Property Rights
The content on the Site, including without limitation, the text, documents, descriptions, products, software, graphics, photos, pictures, information, user information, user messages, service, offer, data, sounds, videos, interactive features, services, any content submitted or transmitted in any other way to the Site in any way by any user, including with limitation by User Submissions (as such terms is defined below) and any other content on the Site ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Mexper. Content on the Site is provided to You "AS IS" for Your information and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Our prior written consent. We reserve all rights not expressly granted in and to the Site. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site.
"Mexper", "Meet your Experts", the Mexper logo, and other marks are Our Marks. All other trademarks, service marks, and logos used on Our Site are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these Terms.
7. User Submission
A. The Site permits the submission and other ways of transmission of Content to the Site and its services (including the Expert Marketplace Services) by You and other users ("User Submissions") and the hosting, sharing and publishing of such User Submissions. Subject to these Terms and the terms of Our Privacy Policy, You understand that whether or not such User Submissions are published on the Site, We do not guarantee any confidentiality with respect to any User Submissions which are submitted to be posted on the Site. We have complete discretion whether to publish Your User Submissions. You shall be solely responsible for Your User Submissions and the consequences of posting or publishing them.
We have the right in Our sole discretion and without further notice to You, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on the Site at any time and for any reason. Without limiting the foregoing, We have the right to delete any comment, post, picture, ad or any other User Submission that We believe, in Our sole discretion, does or may violate the Site Terms.
B. 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 User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of Your ownership rights in Your User Submissions.
C. Subject to these Terms and the terms of Our Privacy Policy, by submitting the User Submissions to Us in order to be published on the Site, 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, and perform the User Submissions in connection with the Site and Our (and its successor's) business, including without limitation for redistributing part or all of the User Submission (and derivative works thereof) in any media formats and through any media channels and You hereby waive any moral rights in Your User Submission, to the extent permitted by law. Subject to the limitations set forth in these Terms and Our Privacy Policy You also hereby grant each User of the Site or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions which are published in public places on the Site.
D. You agree that You will not display, post, submit, publish or transmit a User Submission 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; (vii) involves theft, money laundering or terrorism; or (viii) is otherwise malicious or fraudulent. You will not misrepresent Yourself or create a misleading username.
E. You understand that when using the Site and its services (including the Expert Marketplace Services), You will be exposed to User Submissions (including Expert Content), and that We are not responsible for the accuracy, correctness, timeliness, performance, competency, completeness, suitability for any purpose, usefulness, safety, or intellectual property rights of or relating to any User Submissions, submitted by any User, including without limitation by Experts. You may be exposed to User Submissions and Expert Content that are inaccurate, erroneous, offensive, indecent, objectionable, or otherwise incorrect in any way and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You may have against Us with respect thereto, and agree to indemnify and hold Mexper, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Site (including its Content). More over, any Content available through the Site and its services (including the Expert Marketplace Services) cannot, and should not replace any professional advice. It shall be Your own responsibility to ensure that any Content available through the Site meet Your requirements.
8. Disclosure
We reserve the right to access, read, preserve, and disclose any User Submissions or any other information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (b) enforce the Site Terms, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Site, its users or the public.
9. Information Description
We cannot and do not warrant that the Content (including Expert Content) available via the Site is accurate, complete, reliable, current, or error-free. We reserve the right but not the obligation to make changes in or to the Content, or any part thereof, according to Our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.
10. Links
The Site may contain links to third party websites that are not owned or controlled by Us. We are not affiliated with those websites, have no control over those websites, and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, We will not and cannot censor or edit the content of any third-party site. By using the Site, You expressly release Us from any and all liability arising from Your use of any third party website. Accordingly, We encourage You to be aware when You have left the Site and to read the terms and conditions and privacy policy of each other website that You visit.
Subject to the terms of the Site Terms, We permit You to link to materials on the Site for personal, non-commercial purposes only.
11. Advertisements
Mexper may include on the Site advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the User may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.
You acknowledge and agree that Mexper is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. The User is wholly liable for all communications with advertisers and for all transactions subsequently executed.
12. Copyright Policy
It is the policy of Mexper to respect the legitimate rights of copyright and other intellectual property owners. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Mexper has designated an agent (specified below) to receive notifications of claimed copyright infringement on its sites. Please be advised that We enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.
If You believe that Your work has been copied in a way that constitutes copyright infringement or that Your intellectual property rights have been otherwise violated, please provide Mexper’s Copyright Agent with the following information in accordance with the DMCA:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that You claim has been infringed;
3. A description of where the material that You claim is infringing is located on the Site, with enough detail that We may find it on Our Site; providing URLs in the body of an email is the best way to help Us locate content quickly;
4. Your address, telephone number, and email address;
5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Mexper's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Designated Agent:
Keren Hiblum
Mexper Ltd.
Levi Eshkol 15/32 Tel Aviv
Tel: 4699755 - 54 - 972
Fax: 6999050- 3- 972
Email: kerenhib@gmail.com
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Counter-Notification
If You believe that the material You posted was removed by mistake, and that You have the right to post the material, You may elect to send Us a counter notice. To be effective the counter-notification must be a written communication provided to Our designated agent that includes substantially the following (please consult Your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Providing URLs in the body of an email is the best way to help Us locate content quickly.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of infringement or an agent of such person.
Such written notice should be sent to Our designated agent as follows:
Designated Agent:
Keren Hiblum
Mexper Ltd.
Levi Eshkol 15/32 Tel Aviv
Tel: 4699755 - 54 - 972
Fax: 6999050- 3- 972
Email: kerenhib@gmail.com
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
13. Disclaimer of Warranty and Limitation of Liability
THE FOLLOWING SECTION REGARDING LIMITATION OF LIABILITY AND WARRANTY IS IN ADDITION TO ANY LIMITATION OF LIABILITY AND WARRANTY SPECIFIED UNDER THE SITE TERMS AND APPLIES WHETHER OR NOT THE SERVICES PROVIDED UNDER THE SITE ARE FOR PAYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THE SITE (INCLUDING THE CONTENT, EXPERT MARKETPLACE SERVICE AND ANY OTHER SERVICES PROVIDED THEREBY), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURP OSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WHILE WE MAKE REASONABLE EFFORTS TO ENSURE THAT THE SITE WILL FUNCTION AS CLAIMED, WE DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, VIRUS ATTACKS AND THE LIKE, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE WILL OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. IN ADDITION, YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO ITS USERS THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, ETC.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SITE ALLOWS USERS TO OFFER SERVICES (INCLUDING CONSULTING SERVICES) AND BUY ITEMS, AT ANYTIME, FROM ANYWHERE, AT PRICES AGREED UPON BETWEEN CLIENT AND EXPERT. THE SITE IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN EXPERTS AND CLIENTS. THE SITE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF EXPERTS TO OFFER SERVICES, THE ABILITY OF CLIENTS TO PAY FOR THE SERVICES, OR THAT A CLIENT OR EXPERT WILL ACTUALLY COMPLETE A TRANSACTION.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY
WE DO NOT WARRANT, ENDORSE, OR GUARANTEE, AND SHALL NOT BE LIABLE FOR, ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN OUR USERS' SUBMISSION, EXPERT CONTENT OR THAT IS FEATURED OR ADVERTISED ON THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MEXPER OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OTHER USERS. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE BETWEEN TWO OR MORE USERS, ARISING OUT OF THEIR USE OF THE SITE.
WE EXPRESSLY DISCLAIM ALL WARRANTIES FOR
MEXPER WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN USERS (SUCH AS CLIENT AND EXPERT). EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN EXPERT.
UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND ITS SERVICES (INCLUDING, WITHOUT LIMITATION, THE EXPERT MARKETPLACE SERVICES) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW YOU AGREE THAT MEXPER'S AND ITS RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES SHALL NOT IN ANY CIRCUMSTANCES EXCEED AN AGGREGATE OF THE AMOUNT PAID BY YOU, IF ANY, IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, FOR ACCESSING AND USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnity
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: (i) Your use of the Site (including, without limitation, the Expert Marketplace Service); (ii) Your violation of these Terms and Expert Agreement (to the extent that You are an Expert); (iii) Your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the Site.
15. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.
16. General
We reserve the right, at Our discretion, to modify the Site Terms which 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 and the Site Terms for changes. Your continued use of this Site 10 days following the posting of changes to any of the Site Terms or providing notice to You, whichever occurs first, will mean You accept those changes.
We reserve the right to discontinue or modify any aspect of the Site at any time. The Site Terms and the relationship between You and Us are governed by and construed in accordance with the laws of
Last Updated: April 1st 2012
