This User Agreement (the "Agreement") is a legal agreement between you and Expertise Finder ("Expertise Finder") respecting your use of Expertise Finder services as described herein and on Expertise Finder's website. BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY OTHERWISE USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AS DESCRIBED IN SECTION 1 BELOW. If you have any questions or concerns about the terms of this agreement, please contact us at firstname.lastname@example.org.
The mission of Expertise Finder is to connect people with those with expertise. To achieve our Mission, we make services available through our website, to help you and the people you connect with to exchange ideas, learn and find opportunities in a network of individuals and groups.
You specifically agree that Expertise Finder may rely on the accuracy of the information provided by you to Expertise Finder, and that Expertise Finder will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to Expertise Finder.
You own the information you provide Expertise Finder under this Agreement, and may request its deletion at any time; however, you acknowledge that Expertise Finder has no responsibility or control over the acts of third parties, and can therefore not delete information that you have shared information or content with others who have not deleted it, or that was copied or stored by other users. Additionally, you grant Expertise Finder a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Expertise Finder, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the Services, you submit to Expertise Finder, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Expertise Finder profile information accurate and updated.
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Expertise Finder account, (3) are not a competitor of Expertise Finder or are not using the Services for reasons that are in competition with Expertise Finder; (4) will only maintain one individual Expertise Finder account at any given time; (5) have full power and authority to enter into this Agreement and by doing so you will not violate any other agreement to which you are a party; (6) will not violate any rights of Expertise Finder or any third party, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users' accounts; (4) refrain from selling, trading, or otherwise transferring your Expertise Finder account to another party; and (5) refrain from charging anyone for access to any portion of Expertise Finder, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Expertise Finder.com.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Expertise Finder's website or Services. We reserve the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us, at your expense, in asserting any available defences.
If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to Expertise Finder storing your payment card information. You also agree to pay the applicable fees as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts, at the rate notified to you from time to time. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You may cancel at any time with the unused portion of any pre-paid fees paid being refunded. You also acknowledge that additional for fee services are subject to this Agreement and any additional terms related to the provision of these Services.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
For purposes of service messages and notices about the Services to you, Expertise Finder may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Expertise Finder to an email address associated with your account, even if we have other contact information. You also agree that Expertise Finder may communicate with you through your Expertise Finder account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Expertise Finder account or services associated with Expertise Finder. Please review your settings to control what kind of messages you receive from Expertise Finder. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
Please note that ideas you post and information you share may be seen and used by other Users, and Expertise Finder cannot guarantee that other Users will not use the ideas and information that you share on Expertise Finder's website or Services. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Expertise Finder page.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Expertise Finder through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Expertise Finder is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Expertise Finder shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Expertise Finder may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Expertise Finder all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Expertise Finder under any circumstances.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Expertise Finder or its Users), view information and use the Services that we provide on Expertise Finder webpages and in accordance with this Agreement. Any other use of Expertise Finder contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Expertise Finder commercially unless expressly authorized by Expertise Finder) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Expertise Finder and all related items, including any and all copies made of the Expertise Finder website.
From time to time, Expertise Finder may include in its website and Services publically available information about individuals that it has garnered through general Internet or other searches. While Expertise Finder has made reasonable efforts to verify that such information is accurate, Expertise Finder shall have no liability whatsoever to you or to any third party respecting such information, including its accuracy, copyright compliance, legality, usability or content. If such publically available information pertains to you, you have the right to request that Expertise Finder remove such information from our websites and/or Services, and Expertise Finder shall do so in a timely manner; however, Expertise Finder shall bear no other responsibility or liability respecting such information whatsoever.
For as long as Expertise Finder continues to offer the Services, Expertise Finder shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Expertise Finder as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Expertise Finder, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Expertise Finder further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Expertise Finder to be contrary to this Agreement. For avoidance of doubt, Expertise Finder has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Expertise Finder may include links to third party web sites ("Third Party Sites"). You are responsible for evaluating whether you want to make links to your third party profiles available.
Expertise Finder is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. If you decide to provide access to Third Party Sites you do so at your own risk. You are solely responsible for compliance with any applicable third party terms and conditions relating to such Third Party Sites.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Expertise Finder, our Users or the public
You are solely responsible for your interactions with other Users. Expertise Finder may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Expertise Finder reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Expertise Finder determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
Other than to the limited extent required under applicable consumer protection law, under no circumstance will Expertise Finder be liable for any loss or damage caused by your reliance on information obtained through the Services or a Third Party Site (including any opinions, statements or advice), or your reliance on any product or service obtained from any user of the Services or any Third Party Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Services, or obtained from a Third Party Site.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON EXPERTISE FINDER, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR EXPERTISE FINDER AND ALL INFORMATION AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPERTISE FINDER DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY EXPERTISE FINDER OR ANYTHING RELATED TO EXPERTISE FINDER, YOU MAY CLOSE YOUR EXPERTISE FINDER ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 ("TERMINATION") AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
EXPERTISE FINDER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH EXPERTISE FINDER TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
EXPERTISE FINDER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, EXPERTISE FINDER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION
EXPERTISE FINDER DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. EXPERTISE FINDER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, EXPERTISE FINDER DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE EXPERTISE FINDER SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Expertise Finder nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors ("Expertise Finder Affiliates") shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a service, if any, or CDN $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Expertise Finder. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
You may terminate this Agreement, for any or no reason, at any time, with notice to Expertise Finder. This notice will be effective upon Expertise Finder processing your notice. Expertise Finder may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your Expertise Finder account includes disabling your access to Expertise Finder and may also bar you from any future use of Expertise Finder.
Expertise Finder may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes creating multiple or false profiles; using the Services commercially without Expertise Finder's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 10, or any other behavior that Expertise Finder, in its sole discretion, deems contrary to its purpose.
Upon the termination of your Expertise Finder account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 ("Your Rights") hereof.
This Agreement or any claim, cause of action or dispute ("claim") arising out of or related to this Agreement shall be governed by the laws of Ontario (Canada) regardless of your country of origin or where you access Expertise Finder, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Expertise Finder agree that all claims arising out of or related to this Agreement must be resolved exclusively by a provincial or federal court located in Kitchener, Ontario (Canada). You and Expertise Finder agree to submit to the personal jurisdiction of the courts located within Kitchener, Ontario (Canada) for the purpose of litigating all such claims. Notwithstanding the above, you agree that Expertise Finder shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
In addition to Section 28. ("Notices and Service Messages"), we may notify you via postings on expertisefinder.com. You may contact us here:
+1 (647) 982-9019
6-98 Redpath Ave.
Toronto, Ontario, M4S 2J7
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Expertise Finder services, third-party content or third party software.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at expertisefinder.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Expertise Finder for any third party that assumes our rights and obligations under this Agreement.
As a condition to access Expertise Finder, you agree to this User Agreement and to strictly observe the following DOs and DON'Ts:
Expertise Finder Corporation
6-98 Redpath Ave.
Toronto, Ontario, M4S 2J7