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If you do not agree with the terms and conditions of this Agreement, do not complete the registration process.
This Member Agreement ("Agreement"), including the Legal Notices and the Privacy Policy, contains the entire terms and conditions that apply to your use of Experts Exchange's standard or "limited" service ("Limited Service"), Experts Exchange's pay-for subscription services ("Pay-for Services") as described at the Premium Services page, collectively "Services", and its website and/or co-branded websites Experts Exchange may operate or host from its servers (collectively referred to herein as "Site").
This Agreement may be modified from time to time. This Agreement supersedes any prior agreements. The current version applies to your use of the Services and the Site both now and in the past.
We require a registration process so that you may choose a member name ("Member Name" or "Login" or "Login Name") and a password, and so that we may permit you to use this service. Your Member Name will be used to identify you on Experts Exchange. You may log in to Experts Exchange, use the Services or modify your information, only through your Member Name and password. You may not have more than one account or Member Name, and only one email address for your use of the Limited Service. By registering, you certify that the email address you provide in the registration is accurate and belongs to you; otherwise we have the option of suspending your account with Experts Exchange.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your Member Name and password. You agree to notify Experts Exchange immediately at cs@experts-exchange.com of any unauthorized use of your account or any other breach of security you learn about.
To protect your privacy and the privacy of others, Experts Exchange uses Member Names to identify participants. We keep your email address and other information strictly confidential. You should refrain from using identifiers in choosing your Member Name and in your postings that would compromise your privacy, such as your email address, URLs, full name, street address, telephone or fax numbers, place of employment, etc.
You are providing your electronic mail ("email") address for the purposes of registering to access this service. Correctly entering your email address is important so that you are able to participate in the collaboration process (e.g. you will receive email notifications when a problem/question you posted receives a comment or a proposed solution.) Occasionally, you will receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the members of Experts Exchange. If you do not want to receive newsletters and updates, you may opt out of those services when you register, or, after receiving the newsletters and updates, you may unsubscribe.
For more information regarding Experts Exchange's protection of your information, please consult Experts Exchange's Privacy Policy.
Experts Exchange Services and Site are only available for use by individuals who are age 13 or over. The Services and Site may not be used by scripts, machines or automated services without express written consent of the site ownership.
Experts Exchange Services and Site may be used only for lawful purposes. You must comply with all applicable local, state, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the Experts Exchange Services or Site for any criminal or illegal activities or any activities that might be legally actionable.
Experts Exchange reserves the right to determine what constitutes Internet abuse and objectionable conduct. If Experts Exchange believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to Experts Exchange Service.
Violations of system and network security are strictly prohibited. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space, permitting use of mail services, mail forwarding capabilities, POP accounts or auto-responders other than for your own account. If you notice a problem with other members not following these Guidelines, please notify us by contacting Community Support.
Experts Exchange enables Members to post problems or questions, proposed solutions or answers, information, comments and other content ("Your Content") to its Site. When you post Your Content to the Site, you understand and agree that Your Content can be viewed and used by other Members who visit the Site.
You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by Experts Exchange and its affiliates will not infringe upon or violate the rights of any third party. Before you use Experts Exchange Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content.
By registering with Experts Exchange and posting Your Content on the Site, you hereby grant Experts Exchange a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from Your Content in any form, media or technology, whether now-known or hereafter developed. You also grant Experts Exchange and its affiliates and sub-licensees the right to use the Member Name that you submit with Your Content for purposes of attribution. If you do not wish to have Your Content attributed to you, then you must notify Experts Exchange at cs@experts-exchange.com.
The layout, design, concept and organization of the Experts Exchange Site and Services are subject to Experts Exchange's patents, copyrights and other intellectual property rights. All rights are reserved.
You acknowledge and agree that Experts Exchange owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the Experts Exchange Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited.
You agree that you will obtain the express written permission from Experts Exchange before you copy, upload, transmit, reproduce, distribute or in any way exploit any Experts Exchange Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the Experts Exchange Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use Experts Exchange's trade names, service marks or any other trade insignia. Any use of Experts Exchange's trade names, services marks or any other trade insignia shall be subject to Experts Exchange's prior written consent.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Experts Exchange has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent at Experts Exchange at cs@experts-exchange.com or follow the claim notification procedures set forth in our Legal Notices.
Other than providing a framework in which Members post problems or ask questions and self-appointed Experts provide answers and/or comments, Experts Exchange does not review or verify the content of postings at its Site. The Experts who participate at Experts Exchange have not been licensed, certified or tested, nor have they met any requirements other than completing our registration form, which has not been reviewed or verified by us. You may review each Expert's information including their profile, a list of questions answered and grades received, by clicking on their Member Name.
You expressly agree that use of Experts Exchange services is at your sole risk. the site and the services are provided on an "as is" basis.
Experts Exchange makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials or products included on the site. Experts Exchange disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Experts Exchange makes no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free. Experts Exchange does not warrant that the site or its services are free of computer viruses or other harmful materials. Nor does Experts Exchange make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services.
No advice or information, whether oral or written, obtained by you through the services shall create any warranty, whether by implication, estoppel or otherwise. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Regardless of the type of claim or the nature of the cause of action, you agree that in no event shall Experts Exchange, its affiliates, contractors, service providers, employees, agents or licensors, or any other party involved in creating, producing or delivering the services, technology or content available on the services ("Experts Exchange affiliates"), be liable to you in any manner whatsoever: (i) For any decision made or action or non-action taken by you in reliance upon the information provided through the services; (ii) For loss or inaccuracy of data or cost of procurement of substitute goods, services or technology; (iii) For any direct, indirect, incidental, punitive or consequential damages, including but not limited to loss of revenues, loss of profits or loss of reputation, even if Experts Exchange has been advised of the possibility of such damages.
Your sole and exclusive remedy with respect to the use of any services provided by Experts Exchange shall be cancellation of your membership to the services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; in those jurisdictions our liability shall be limited to the extent permitted by law.
Experts Exchange provides its Services and Site to Members on the assumption that Members will act professionally and responsibly. If they do not, Members must bear full responsibility for their actions. As a Member, you agree to defend, indemnify and hold harmless Experts Exchange, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys' and experts' fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your Member Name and password; (iv) any defamatory, libelous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party's patent, copyright or other intellectual property rights or violates any third party's rights of privacy or publicity; and (vi) any third party's access or use of Your Content or your information and data. Experts Exchange reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of Experts Exchange, which shall not be unreasonably withheld.
Points are used as "currency" in the Experts Exchange Knowledge Community. It is your responsibility to check your account regularly to ensure your account balance is accurate. Members use question points ("Question Points") to post questions at the Site, or to purchase Validated Solutions (also known as "Previously Asked Questions" or "PAQs").
Experts who participate at the site earn expert points ("Expert Points.") Expert Points do not have monetary value and are not redeemable for cash, goods or services. Occasionally, Experts Exchange may run promotions or contests where Experts Exchange uses the accumulation of Expert Points by each Expert for the purpose of scorekeeping. Experts Exchange reserves the right to establish a monetary value for Expert Points. For further information, please refer to the site's Help Desk.
If you register for the Experts Exchange Pay-for Services, the Pay-for Services are for the Member and Expert ONLY and may not be shared or features transferred to others. Unless otherwise stated, all fees are quoted in U.S. Dollars. A credit card is required for all Pay-for Services. If you have set up a Pay-for Service account, your credit card will be charged in the manner as set forth in the descriptions at our Premium Services page, at the then current rate, until you notify us of your desire to cancel your subscription. Your subscription will renew automatically. You may cancel at any time before your renewal date. Simply go to the Premium Services page and follow the directions of the online cancellation process. You may also email cancel@experts-exchange.com. Unfortunately, due to the nature of our content, we cannot offer refunds. (The credit card companies that we accept transactions from may change from time to time; please refer to our subscription registration page for information on credit cards that we currently accept.) Upon confirmation of payment to Experts Exchange, you will receive the benefits and features as set forth in the descriptions at the Premium Services page.
If your credit card number changes or if you wish to change the credit card to which you are billed, please update your profile to ensure that your access to the Pay-for Services is uninterrupted. We will attempt to notify you via email if we are unable to process your payments, but if we are unable to contact you, your account will be suspended until you provide a valid form of payment. At this point, you will not have access to the Pay-for Services features. If you have any further questions, please contact Community Support at cs@experts-exchange.com.
To cancel your Experts Exchange Pay-for Services, please go to the Premium Services page and follow the directions of the online cancellation process. You may also send an email to cancel@experts-exchange.com with a brief description of why you wish to cancel. Cancellations are processed upon receipt of the request form. When your subscription is cancelled you will receive a confirmation email of the cancellation. If you do not receive this confirmation email please contact us at cancel@experts-exchange.com. The cancellation process is also found on the Premium Services page on our website. Cancellations will be effective as of the end of the current billing cycle. Cancellations must be received before the first day of a billing cycle in order to take effect for that billing cycle. We are unable to prorate for partial term usage, for non-usage of the Services while you are an active Member, or for reasons pursuant to Section 11 of the agreement.
If you register for the Experts Exchange Limited Service, you will receive the benefits and features as set forth in the descriptions at the Premium Services page. Experts Exchange recognizes that managing its point system is similar to a country managing its currency. Therefore, Experts Exchange reserves the right to modify the number of Question Points it provides, to discontinue the provision of free Question Points, or to establish a monetary value for Question Points. In fairness to others who wish to use the Limited Service, and in order to continuously improve the performance of the Experts Exchange system, Experts Exchange reserves the right to retire inactive accounts from time to time. Once an inactive account has been retired, the point balances will be set to zero and the history of that account will be deleted after a period of time.
If you are an individual who needs more Question Points, please refer to our Buy Points page, to evaluate the alternatives available to you. If you have any further questions, please contact Community Support at cs@experts-exchange.com to determine other options, or if you have questions about your account balance.
This Agreement shall be effective for as long as you use the Services.
Either you or Experts Exchange may terminate this Agreement with or without cause, upon thirty (30) days notice to the other party. Experts Exchange may terminate this Agreement immediately if, based on Experts Exchange's sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of Experts Exchange Services or Site, (ii) infringed or violated any intellectual property right of Experts Exchange or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party.
The termination of this Agreement shall terminate your access to the Services. Neither Experts Exchange nor any Experts Exchange Affiliate shall be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable for use of the Services prior to the effective date of termination of this Agreement.
Upon termination of this Agreement, the perpetual license you have granted to Experts Exchange shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.
You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.
The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, Afghanistan, and Syria may not legally access Experts Exchange.
If you should have any complaints about Experts Exchange Services, or need further information about the Services, contact Community Support at cs@experts-exchange.com. The Complaint Assistance Unit of the California Division of Consumer Affairs may be contacted in writing at 1020 N Street, Suite 501, Sacramento, CA 95814 USA or by telephone at (916) 445-1254.
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of Experts Exchange.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
This Site (excluding links) is controlled and operated from the Experts Exchange offices in San Luis Obispo, California USA. You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the State of California and the United States of America, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the State of California and the United States of America. The federal and state courts of the State of California located in San Francisco, California USA shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either email or registered mail sent to the address you provide Experts Exchange in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at cs@experts-exchange.com, and to you at the email address you provide Experts Exchange during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
Experts Exchange may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement.
