Face2faceexperts (F2fexperts) Expert Terms and Conditions
Welcome to www.Face2faceexperts.com (F2fexperts), the Web site that is a platform for webcam based on-line advice and professional consulting services. Face2faceexperts.com is owned and operated by Face2faceexperts, Inc. ("F2fexperts "). The specific features and functionality of the Site are to be determined solely by F2fexperts and are subject to change or termination without notice. This Agreement sets and contains all of the terms and conditions between you, an expert in your field ("Expert") and F2fexperts. By clicking the "Yes" button and then the "Continue" button to submit an Expert registration form, a binding agreement will be executed between you and F2fexperts. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at F2fexperts.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
This Agreement sets and contains all of the terms and conditions between you, an expert in your field ("you" or "Expert") and F2fexperts. By clicking the "Yes" button and then the "Continue" button to submit an Expert registration form, a binding agreement will be executed between you and F2fexperts. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement click the "No" button. In such case you will not be able to register as an Expert at F2fexperts.
Definition of Service:
Face2faceexperts.com provides a platform where an Expert may present his or her expertise and sell advice or services to interested F2fexperts users ("Members"). F2fexperts makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for any advice given by the Expert. Therefore, Expert is encouraged to verify the details and credit-worthiness of those Members to whom Expert gives or contemplates giving advice.
Disclaimer of Warranty and Limitation of Liability
THE EXPERT ACKNOWLEDGES AND AGREES THAT FACE2FACEEXPERTS.COM IS BEING PROVIDED FOR USE AS IS, AND THEREFORE EXPERT WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS F2FEXPERTS IN RESPECT TO FACE2FACEEXPERTS.COM'S MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE EXPERT'S NEEDS. THE USE OF FACE2FACEEXPERTS.COM IS ACCORDINGLY BEING MADE AT THE EXPERT'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. F2FEXPERTS EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF AN EXPERT DECIDES TO PROVIDE EXPERT’S SERVICES THROUGH THE USE OF FACE2FACEEXPERTS.COM, EXPERT MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS EXPERT WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE EXPERT SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST F2FEXPERTS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES EXPERT DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF FACE2FACEEXPERTS.COM. F2FEXPERTS WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH LIVEPERSON.COM. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE EXPERT'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL LIVEPERSON, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY EXPERT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. F2FEXPERTS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO F2FEXPERTS BY EXPERT THROUGH FACE2FACEEXPERTS.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. EXPERT ACKNOWLEDGES AND AGREES THAT F2FEXPERTS DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY EXPERT (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE EXPERT AS TO EXPERT’S QUALIFICATIONS AND ADVICE PROVIDED BY THE EXPERT) THROUGH THE F2FEXPERTS SERVICE AND EXPERT AGREES TO INDEMNIFY AND HOLD F2FEXPERTS HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. F2FEXPERTS WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A MEMBER, INCLUDING EXPERT FEE AGREEMENT. EXPERT WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. EXPERT FURTHER ACKNOWLEDGES THAT EXPERT WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM EXPERT PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH FACE2FACEEXPERTS.COM, EXPERT HEREBY RELEASES F2FEXPERTS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH EXPERT MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL EXPERT: THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL EXPERT, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH LIVEPERSON.COM. IN ADDITION, YOU AGREE THAT YOU:
• Will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or perform services that require an in-person physical examination of a Member
• Will not prescribe or dispense medicines;
• Will recommend that Members seek the advice of a physician who can perform an in-person physical examination;
• Will advise Members that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;
• Additional Expert Representations and Warranties By submitting the Expert registration form, you, the Expert, represent, warrant and agree to the following:
• At all times you, the Expert, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in F2fexperts, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
• You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, attorney-client, or other relationship. You will not provide any medial or legal information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
• You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
• You will not misrepresent yourself or create a misleading name or listing. The aforementioned is an ongoing affirmative obligation for the Expert to maintain and update on a regular basis.
You, the Expert, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are usingFace2faceexperts.com as an Expert, you will act according to the following rules:
• Expert will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members;
• As a platform where Expert can offer services, F2fexperts is not involved in any transactions between Expert and Members. F2fexperts does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, F2fexperts cannot and will not make any effort to verify the identity of any of its Members;
• Expert agrees that any information or content that Expert posts or transmits through Face2faceexperts.com will not be considered Expert’s confidential information, but rather this information, whether personal in nature or not, shall be owned by F2fexperts. Expert further agrees and consents to the Expert’s chats or transcripts, being captured in any format, controlled, processed and shared by F2fexperts with third parties as designated solely by F2fexperts;
• Expert grants F2fexperts an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis; Expert will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a Member. Expert will not answer questions from the public board in fields that are not within Expert’s fields of expertise;
• Expert will not mislead Members to believe that he or she can provide a service which is outside Expert’s fields of expertise;
• All interactions between Expert and Member will be billed through F2fexperts regardless if the interaction is online or offline. Expert agrees to abide by the pricing terms agreed upon with Members while utilizing Face2faceexperts.com;
• All contact between experts, consumers and any other users who are introduced through the F2fexperts platform must be conducted only through the F2fexperts platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the F2fexperts platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event F2fexperts suspects or determines any such unauthorized contact, F2fexperts reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
• Expert will not take any actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Currently only ratings for paid sessions of $1.00 and more will count toward the Expert's public ratings and rating average. F2fexperts may change the above-mentioned minimum session fee at any time and without warning, and even remove old ratings given for paid sessions with a fee lower than any newly set minimum fee. F2fexperts also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system;
• Expert will not interfere with or disrupt theFace2faceexperts.com site or servers or networks connected to the Site;
• Expert will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings;
• Expert will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
• Expert will not disobey or breach this Agreement or any other applicable instructions conveyed by F2fexperts or its officers;
• Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
• Expert will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
• Expert will not impersonate any person or entity, or make any false statement regarding Expert’s employment, agency or affiliation with any person or entity;
• Expert will not stalk, threaten or harass Members or other Experts or invade or attempt to invade their privacy;
• Expert will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
• Expert will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
• Expert will not disclose any information that was provided to Expert by a Member and will use his or her best efforts to guard Member's privacy. And expert may not give professional or personal referrals of any expert(s) who are not registered as experts on Face2faceexperts.com
• Expert agrees to comply with all applicable laws regarding use of this Site. Expert may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of F2fexperts or others. Expert agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Expert may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
F2fexperts may review the Expert's personal profile and amend any typing or spelling errors.
F2fexperts cannot and will not verify or examine the truthfulness or accuracy of the details in the Expert’s personal profile, credentials, qualifications, or any of Expert’s postings or transmissions. However, F2fexperts may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Expert. Without derogating from the above, F2fexperts may remove any content violating this Agreement. The Expert will bear all the risks associated with the uploading and transmitting material utilizing Face2faceexperts.com, including reliance on its accuracy, reliability or legality. Expert and F2fexperts Fees
F2fexperts will use reasonable efforts to process the Member's credit card for the amount agreed upon between Members and Expert within seven (7) working days from the execution date of each transaction.
Starting February 15, 2009, F2fexperts commission structure (the " F2fexperts Commission") will be as follows:
Live sessions shall be as follows: Expert will receive their full requested payment less any costs associated with that payment.F2fexperts willl add a percentage onto the amount the Expert charges,This amount may vary and be decided soley at F2fexperts discretion.
Email Sessions/Products /Services
F2fexperts will add a percentage, to be decided, onto the Experts fee.The transactions will run through and only through the F2fexperts accounting platform.F2fexperts will deduct any expense associated withthe cost of the transaction to include but not limited to credit card fees( if applicable), refunds or reshelving fees.
• A "Live Session" includes a session between an Expert and a Member via voice, chat, video or any other medium other than via e-mail. The F2fexperts Commission for Live Sessions remains at the rate identified above regardless of the session amount. The F2fexperts Commission for e-mail sessions applies to each individual e-mail session, and not to accumulated Expert Fees.
As a special incentive to Experts, the F2fexperts Commission for Live Sessions – as identified in the above chart – is zero (0) percent for "Referred Members" on any transactions that occur after February 15, 2009. A "Referred Member" is a Member who has registered for the first time with the Site via the Expert's "Friendly URL" (the URL substantially similar to www.Face2faceexperts.com/Expert's screen name), provided the Referred Member also meets the following guidelines:
• The Referred Member did not arrive at the "Friendly URL" via a search engine or F2fexperts;
• The Referred Member was not referred by a F2fexperts Affiliate or through any other F2fexperts arrangement with a third party which gives benefits to third parties in connection with referrals of the Referred Member;
• party which gives benefits to third parties in connection with referrals of the Referred Member;
• The Referred Member is more than 18 years old, enters a valid credit card or valid PayPal account details;
• The Referred Member does not have any other accounts registered on F2fexperts under a different name, e-mail address or phone number; and The Referred Member is not using an existing Member's credit card, PayPal or other payment account
• In addition to the above guidelines, F2fexperts may, in its sole discretion, determine not to categorize a Member as a "Referred Member" if it believes there has been fraud or abuse, or if the Member is not genuinely a new Member or not genuinely referred from the Friendly URL.
F2fexperts charges the Expert a connection fee of $0.17 (17 cents) for every minute of paid Live Session (the "Connection Fee"). The Connection Fee is deducted from the total Expert Fee generated for the Live Session, and the F2fexperts Commission will be applied to the balance of the Expert Fee. F2fexperts reserves the right to modify the F2fexperts Fees at any time without prior notice. However, F2fexperts will use reasonable efforts to notify the Expert in advance of any such change via e-mail and/or messages in the Expert's "Mailbox," found under the "My F2fexperts” menu, and/or posting modifications to the Site.
The Connection Fee and F2fexperts Commission will be deducted from any Expert Fees or other payment that will be received by F2fexperts and credited to the Expert's account immediately upon receipt of such payment. Within thirty (30) days following the end of each month, F2fexperts will deliver payment to Expert as follows: the Expert Fees actually received by F2fexperts in the prior month less the applicable Connection Fee and F2fexperts Commission and applicable tax or withholding taxes (if there is any). However, if the payment to Expert for any given month would be less than $50, F2fexperts may hold such payment to Expert until the amount due is equal to or exceeds $50. F2fexperts will send the Expert payment via the postal service in checks drawn from a United States bank or via other payment methods as will become available (e.g. PayPal). Expert alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Expert’s participation in Face2faceexperts.com.
Notwithstanding the foregoing, Expert authorizes F2fexperts to withhold, in its discretion, payments to Expert of certain amounts paid by Members by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Member or charged back by such Member's credit card issuer, or, if F2fexperts reasonably believes that fraudulent activity may have occurred in connection with payment, until F2fexperts is able to verify that no such activity has occurred.
F2fexperts billing system is not error-free, and F2fexperts shall not be liable for any problems, miscalculations or malfunctions in processing Expert Fees or other payments due to the Expert. If the Expert thinks that a mistake has occurred he or she must send his/her complaint to F2fexperts within 30 days of discovery of such mistake. If for any reason the Member has not paid the Expert Fee or has paid but has later charged back such payment, no Expert Fees will be paid to the Expert for that transaction and if the money has already been sent to the Expert, Expert is required to repay this amount to F2fexperts, and F2fexperts has the right to deduct this amount from the Expert's account or from the following payments to be made from F2fexperts to Expert. For Experts who simultaneously participate as Members, F2fexperts shall be entitled to transfer or set-off payments from an Expert’s pending earnings against such Expert’s outstanding balance as a Member.
User Name and Password
When you, the Expert, create and open an account with F2fexperts, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify F2fexperts of any unauthorized use of your password, user name, e-mail or any other breach of security. F2fexperts encourages Experts to change their password at least once a month.
F2fexperts will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by F2fexperts due to someone else’s use of your account or password.
Expert does not have to furnish the information required for registration in Face2faceexperts.com. However, without that information, Expert will not be able to use F2fexperts services. F2fexperts Inc. is the sole owner of the information collected on this Site. F2fexperts will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that F2fexperts may collect, process, and transfer any information, private or otherwise, so long as F2fexperts does so for the purpose for which it was collected.
In order to use Face2faceexperts.com, both Members and Experts must first complete the registration form. During registration, the Expert is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Expert about the services on Face2faceexperts.com for which he or she has expressed interest, and is also used as Expert's login information. Expert is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so F2fexperts may provide a more personalized experience on the Site. In such case Expert may decide whether he or she wishes to provide such information or not.
The information furnished by the Expert during the registration process will be kept in F2fexperts database. F2fexperts will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and F2fexperts will therefore not be liable for any direct, indirect, consequential or incidental damage that the Expert may sustain due to unauthorized intrusion to the database. Expert consents to F2fexperts collecting and processing Expert's personal information for normal business use by F2fexperts
Expert and Member Communication
The main purpose of F2fexperts is to provide a platform for registered Experts to provide Members with advice that they seek. By utilizing Face2faceexperts.com Experts and Members can negotiate and enter into a contract for advice. F2fexperts does not screen or edit the content of communications between Experts and Members, but F2fexperts may screen, copy, transmit and review all communications conducted by or through Face2faceexperts.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Expert agree to other distribution, for example, by posting questions or services on the Public Board (described later). All communications between Experts and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring. Currently, chat communications between the Expert and F2fexperts servers are encrypted, but only if the Expert is using the most current version of F2fexperts software. E-mail and phone communications are not encrypted and thus may be more susceptible to unauthorized monitoring.
F2fexperts makes a Public Board available to its Experts and Members. The Public Board allows Members to post questions or service requests that can be viewed by all Experts. Requests may be posted anonymously. A Member can designate the length of time they wish to have their question remain "in view" on the public board. All postings, descriptions, etc. are public until a Member enters into a personal negotiation with an Expert. All subsequent communications between the Member and Expert, including both the negotiation phase and the actual relaying of service, are not available to other F2fexperts Members and are confidential between the Expert and Member. Transcripts of chat and e-mail communications between Members and Experts are stored on F2fexperts servers for a certain amount of time and available for review by Experts and, if a paid session, by Members. F2fexperts clearly denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
F2fexperts Use of Data
F2fexperts uses IP addresses to analyze trends, administer the site, track Expert's movements on the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Expert's experience when using our site. F2fexperts may also retain any e-mails, letters or other correspondence between Expert and F2fexperts to ensure quality control and the best possible service, although it has no obligation to do so.
F2fexperts may use the information furnished by the Expert, as well as information that it collects regarding use patterns and transactions that are conducted through Face2faceexperts.com, in order to improve Face2faceexperts.com, to analyze statistical information regarding Face2faceexperts.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Expert personally.
F2fexperts may from time to time send e-mail advertisements to Expert, whether the material is its own or is commercial information furnished by third parties. Expert is given the opportunity to "opt-out" of having his or her information used for purposes not directly related to Face2faceexperts.com at the point where F2fexperts asks for such information. F2fexperts registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Experts can always choose to opt-out by following the appropriate mechanism from within Expert's F2fexperts account.
F2fexperts may use the details of transactions executed through Face2faceexperts.com for promotional and informational purposes and publish their details on Face2faceexperts.com, provided that such publication will not identify the Expert or Member in any means other than their Screen Name. If the Expert elects to use F2fexperts referral service for informing a friend about the Site, F2fexperts asks the Expert for the friend's name and e-mail address. F2fexperts will automatically send the friend a one-time e-mail inviting them to visit the Site. F2fexperts stores this information for the sole purpose of sending this one-time e-mail. The friend may contact F2fexperts to request the removal of this information from its database.
Currently, F2fexperts does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. F2fexperts will use a credit card processing company to bill users for use of the F2fexperts service. These companies do not retain share, store or use personally identifiable information for any secondary purpose.
F2fexperts reserves the right to partner with another party to provide specific services. When the Expert signs up for these services, F2fexperts will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
F2fexperts may, in its discretion, create co-branded Web sites with its partners. In such case, the Expert listings may appear in the co-branded site, but F2fexperts will not transfer any personally identifiable information about the Expert to the other Web site without receiving the Expert's prior consent. The co-branded sites are maintained on F2fexperts servers. Unless Expert agrees otherwise all personally identifiable information is stored solely by F2fexperts. F2fexperts does record the partner Web site from which a visitor has linked to F2fexperts. If a visitor registers to become a Member and/or an Expert, F2fexperts may track the partner's name, in order to further the relationships F2fexperts has with its partners.
If an Expert wishes to update his or her personally identifiable information, such as a mailing address, or if an Expert no longer desires F2fexperts service, F2fexperts will endeavor to provide a way to correct, update or opt-out of any of F2fexperts services. This can usually be done from within the Expert’s F2fexperts account, or by e-mailing Customer Support at firstname.lastname@example.org.
If the Expert has any questions about F2fexperts privacy statement, the practices of Face2faceexperts.com or your dealings with F2fexperts, please contact info@face2faceexperts or call 954-682-7337 (in the U.S.).
F2fexperts makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
F2fexperts may include in Face2faceexperts.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Expert may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. Expert acknowledges and agrees that F2fexperts is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Expert is wholly liable for all communications with advertisers and for all transactions subsequently executed.
Modifications and Termination of Face2faceexperts.com
F2fexperts reserves the right to modify or discontinue, temporarily or permanently, the services in Face2faceexperts.com, with or without notice to Expert. Expert agrees that F2fexperts shall not be liable to Expert or any third party for any modification or discontinuance to Face2faceexperts.com's services, or for any losses or damages that may result to Expert or his or her Members from such discontinuation or interruption of service.
F2fexperts services depend upon different factors such as: software, hardware and communications networks of F2fexperts, its contractors and suppliers. Hence, F2fexperts cannot guarantee that Face2faceexperts.com will not be interrupted, or that it will be timely, secure or error-free.
F2fexperts, in its sole discretion and for any reason, may terminate Expert's participation in Face2faceexperts.com and refuse any and all current or future use by Expert of Face2faceexperts.com.
Termination of Account by Expert
Expert may terminate their Agreement with F2fexperts at any time by sending a signed notice to F2fexperts via mail or fax. E-mails will not be accepted. F2fexperts shall invalidate Expert's user name and password within thirty (30) days of receiving such notice. Expert may inactivate his or her own account for any desired period of time from within their F2fexperts account. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
F2fexperts is the sole owner of all the intellectual property, and in particular the copyright, trade marks, database and patents, in Face2faceexperts.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.
Expert may not operate robots or spiders to scan Face2faceexperts.com's database. Expert may use "deep linking" only to his or her personal Web page within Face2faceexperts.com but not to any other part thereof. Expert may not view Face2faceexperts.com with a graphic user interface different from the one designed by F2fexperts.
Face2faceexperts.com contains copyrighted material, trade secrets and proprietary information owned by F2fexperts. This Agreement does not grant the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of Face2facexperts.com. The Expert may not create derivative software based upon any trade secret, intellectual property or proprietary information of F2fexperts. Furthermore, the Expert may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in Face2faceexperts.com.
The Expert may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of F2fexperts and Face2faceexperts.com, or take any other action which infringes or impairs F2fexperts trademark rights.
F2fexperts shall retain all ownership in and to Face2faceexperts.com and all content displayed on the Face2faceexperts.com Web site including copies of data transferred or received by Expert on the site.
F2fexperts respects the intellectual property of others, and we ask our users to do the same. F2fexperts may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide F2fexperts Copyright Agent the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• a description of where the material that you claim is infringing is located on the site, including the URL;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
• F2fexperts Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: Copyright Agent
c/o F2fexperts Inc.
Fort Lauderdale , Fla 33315 USA
By phone: 954-682-7337 - in the U.S.
By fax: 954-343-8404 - in the U.S.
By e-mail: email@example.com
F2fexperts grants Expert a nonexclusive, revocable right to use the Site provided that Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Expert will indemnify, defend and hold harmless F2fexperts, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against F2fexperts or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Expert according to this Agreement; (b) Expert's provision of services to any third party, regardless of whether or not they are Members of the F2fexperts service; or (c) any materials that Expert has posted to Face2faceexperts.com and/or any content on Expert's Web site or otherwise provided to Members. Expert represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Expert, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Badges and Site Links
As part of this agreement particpating experts will agree to post on their websites a link badge (supplied by Face2faceexperts.com) as part of the cooperative marketing between the expert and Face2faceexperts.com.Expert may choose not to participate.However, if the expert chooses not to participate they will not be able to use the services of Face2faceexperts.com.
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
Expert shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of F2fexperts. Any purported transfer, assignment or delegation by Expert without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
F2fexperts may change this Agreement by posting modifications on the Site. Unless otherwise specified by F2fexperts, all modifications shall be effective upon posting. Therefore, Expert is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Expert agrees to be bound by such changes to the Agreement. If Expert does not agree to the changes, Expert may terminate access to the Site and participation in F2fexperts services.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Florida (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of Fort Lauderdale, Florida. Expert agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between F2fexperts and Expert with respect to the subject matter hereof, and Expert has not relied upon any promises or representations by F2fexperts with respect to the subject matter except as set forth herein. Experts are prohibited from providing services to Members who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. Such countries include, without limitation, Cuba, Iran, Libya, North Korea, Syria and Sudan. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence.
No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Expert may report any violation of this Agreement to Info@Face2faceexperts.com.