Certain of ExpertVoice’s Brand Clients allow you to purchase products (“Products”). Such Products and pricing on the sites may change at any time, without prior notice to you. You agree that you will only purchase Products on the sites in accordance with the order guidelines established by our Brand Clients, that all information you submit through the sites is complete, accurate, current and true and that you are not barred from receiving Products under applicable law. You agree to comply with all applicable export and re-export restrictions, laws and regulations and will not encourage, assist, or authorize the transfer of such products to a prohibited country in violation of law, rule or regulation. Please be advised that our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt, we may accept, decline, or place quantity restrictions or other limits on your order for any reason at our, or our Brand Client’s, discretion. If we charge you for an order that has been canceled, we’ll refund you the full amount of the canceled portion of such order. While we strive to make all information on our sites as accurate as possible, we do not warrant that Product descriptions or other content is accurate, complete or error free. Promotions are subject to change, and we cannot confirm the availability or price of an item until you place your order. For more information, please see the order guidelines established by our Brand Clients. For additional information please contact 1-866-376-4685 or [email protected].
The ExpertVoice Website and ExpertVoice Services allow users to submit user photos, graphics, audio, video, comments and other materials (“Content”) and may include links to third party websites.
In order to access some features of the ExpertVoice Website and/or ExpertVoice Services, you will have to create a member account (“Account”).
You can access and modify the configuration information you provide to ExpertVoice at any time by signing-in to your Account.
You can access and/or delete the information collected on your behalf by ExpertVoice or uploaded via the ExpertVoice Services at any time by signing-in to your Account. You are responsible for approving all Content used by you via ExpertVoice. You will be responsible for any Content you share via your social accounts which is collected by ExpertVoice and uploaded to your Account.
If ExpertVoice requests registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. You may not use anyone else’s password or Account. You are responsible for maintaining the confidentiality of your Accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or Accounts or any other breach of security. You acknowledge that failure to exit from your Accounts at the end of each session may result in unauthorized use of your Accounts. ExpertVoice is not responsible for any loss or damage that may result if you fail to comply with these requirements.
By posting or submitting Content via the ExpertVoice Services or this ExpertVoice Website, (collectively “User Content”), you grant ExpertVoice and each user of the ExpertVoice Website and/or ExpertVoice Services, including their respective affiliates and licensees, a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense (through multiple tiers), to access, use, copy, publicly perform, digitally perform, publicly display or otherwise exhibit and distribute (through multiple tiers) such contributed content, and to transmit, sell, modify, create derivative works from and/or to incorporate such contributed content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you or any third party. You agree to waive any moral rights that you may have to your contributed content.
The User Content that you submit is deemed non-confidential and neither ExpertVoice nor any user of the ExpertVoice Website and/or ExpertVoice Services has any obligation to maintain the confidentiality of any User Content.
You represent and warrant to ExpertVoice that you have the full legal right, power and authority to grant to ExpertVoice the rights and license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that you have properly received releases from every third party required to provide consent for the use of his or her image and likeness. You represent and warrant to ExpertVoice that you will not contribute any User Content that: (a) infringes, violates or otherwise interferes with any intellectual property right of another party; (b) reveals any trade secret, unless you own the trade secret or have the owner’s permission to reveal it; (c) infringes on the privacy or publicity rights of another; (d) is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; or (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You are solely responsible for any User Content that you submit. You may be held legally liable for the User Content that you submit and may be held legally liable if your submissions include, for example, defamatory comments or material protected by copyright, trademark, patent or trade secret law or other proprietary right without permission of the author or owner.
ExpertVoice (and users of the ExpertVoice Services) are not obligated to use any User Content submitted by you in any manner.
Third Party Services
The ExpertVoice Website and/or ExpertVoice Services may also include a tool that allows you to sign in or register using information from your account with a third party service, such as Facebook, Instagram, Google, LinkedIn, or Twitter. These third party services are unrelated to the ExpertVoice Website and ExpertVoice Services, and your login using such third party registration information and use of such third party services is subject to the terms and policies of those services.
ExpertVoice reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your creative submission, and ExpertVoice and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate ExpertVoice to sell, license or offer to sell or license any advertising, promotion or distribution rights on your behalf.
While using the ExpertVoice Website and/or the ExpertVoice Services you will not:
- Violate any laws, third party rights, or ExpertVoice policies.
- Transfer your Account to another party without ExpertVoice’s explicit consent.
- Distribute or post spam, chain letters, or pyramid schemes.
- Distribute viruses or any other technologies that may harm ExpertVoice, the ExpertVoice Website, the ExpertVoice Services, or the interests or property of users of the ExpertVoice Website or the ExpertVoice Services.
- Take any action that imposes or may impose (in ExpertVoice’s sole discretion) an unreasonable or disproportionately large load on ExpertVoice’s infrastructure.
- Use any ExpertVoice copyrights and trademarks.
- Use, copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the ExpertVoice Website and/or ExpertVoice Services without the prior express written permission of ExpertVoice and the appropriate third party, as applicable.
- Interfere or attempt to interfere with the proper working of the ExpertVoice Website and/or ExpertVoice Services, any third-party sites or any activities conducted on any such sites.
- Bypass any security measures ExpertVoice may use to prevent or restrict access to the ExpertVoice Website and/or ExpertVoice Services.
- Violate any other written requirements provided by ExpertVoice (as modified by ExpertVoice from time to time).
- Use disparaging, harassing, bullying or derogatory language to anyone, including protected parties based on class and gender.
- Use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., that accesses the ExpertVoice Website in a manner that sends more request messages to the ExpertVoice 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. Notwithstanding the foregoing, ExpertVoice grants the operators of public search engines permission to use spiders to copy materials from the ExpertVoice Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ExpertVoice reserves the right to revoke these exceptions either generally or in specific cases.
- Collect or harvest any personally identifiable information, including account names, from the ExpertVoice Website, nor to use the communication systems provided by the ExpertVoice Website for any commercial solicitation purposes.
- Copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the ExpertVoice Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
ExpertVoice reserves the right to remove any content, including but not limited to User Content, from the ExpertVoice Website and the ExpertVoice Services at any time, for any reason. ExpertVoice respects the intellectual property of others and requires you to do the same.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.
In operating the ExpertVoice Website, we may act as a “services provider” (as defined by DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the ExpertVoice Website. ExpertVoice has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the ExpertVoice Website. ExpertVoice has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of ExpertVoice or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. If you believe any material available via the ExpertVoice Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to [email protected].
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the ExpertVoice Website that you claim is infringing, with enough detail so that we may locate it on the ExpertVoice Website;
- 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;
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- 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;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Content Linked to by ExpertVoice
You may not distribute any content, including User Content, from the ExpertVoice Website without written consent from ExpertVoice. If you want to make commercial use of the ExpertVoice Service, you must enter into an agreement with ExpertVoice to do so in advance.
Representations and Warranties
You represent and warrant that:
(b) Any content posted, uploaded and/or shared by you, including without limitation User Content, and the use of such content as contemplated herein, complies with all applicable laws and regulations and you have obtained all necessary permissions, including consents and releases, from required or necessary third parties to so use such content;
(c) Any content posted, uploaded and/or shared by you, including without limitation User Content, and the use of such content as contemplated herein, does not and will not violate any third-party intellectual property rights, or other third party proprietary, privacy, personal or publicity right; and
(d) All information provided to ExpertVoice by you is accurate, complete, and current.
Disclaimer of WARRANTIES
EXPERTVOICE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE EXPERTVOICE SERVICE PAGES. EXPERTVOICE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. EXPERTVOICE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE EXPERTVOICE SERVICE.
THE EXPERTVOICE WEBSITE AND EXPERTVOICE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER.
EXPERTVOICE AND ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW:
(a) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
(b) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EXPERTVOICE WEBSITE AND EXPERTVOICE SERVICES.
(c) ANY WARRANTY THAT YOUR USE OF THE EXPERTVOICE WEBSITE OR EXPERTVOICE SERVICES WILL MEET YOUR REQUIREMENTS.
(d) ANY WARRANTIES THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE EXPERTVOICE WEBSTIE OR EXPERTVOICE SERVICES WILL BE ACCURATE OR RELIABLE.
(e) ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EXPERTVOICE WEBTSITE AND EXPERTVOICE SERVICES.
(f) ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EXPERTVOICE WEBSITE OR EXPERTVOICE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EXPERTVOICE WEBSITE OR EXPERTVOICE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EXPERTVOICE WEBSITE OR EXPERTVOICE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EXPERTVOICE WEBSITE AND EXPERTVOICE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISJNG OUT OF YOUR USE OF SUCH CONTENT, INCLUDING BUT NOT LIMITED DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA, AND DAMAGES RELATED TO VIOLATION OF THIRD PARTY RIGHTS.
You will indemnify, defend and hold ExpertVoice harmless from any loss, liability, and expense (including reasonable attorneys’ fees) suffered or incurred because of any claims, proceedings or suits based on or arising out of (1) your use of the ExpertVoice Website and/or ExpertVoice Services, (2) your violation of the representations and warranties herein.
Limitation of Liability
IN NO EVENT SHALL EXPERTVOICE, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY, PUNITIVE OR OTHER DAMAGES FOR ANY USER’S USE OR MISUSE OF OR RELIANCE ON THE EXPERTVOICE WEBSITE AND/OR THE EXPERTVOICE SERVICE OR ANY OTHER SERVICES OR WEBSITE LINKED THERETO (INCLUDING BUT NOT LIMITED TO INABILITY TO USE THE EXPERTVOICE SERVICE, OR INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EXPERTVOICE SERVICE, INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. THIS LIMITATION SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF EXPERTVOICE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EXPERTVOICE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EXPERTVOICE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EXPERTVOICE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EXPERTVOICE SERVICE.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
THIS LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EXPERTVOICE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EXPERTVOICE SERVICE.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Consumer Protection Laws
EXPERTVOICE SERVICES ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTATED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.
Under no circumstances shall ExpertVoice, its licensors or its Affiliates be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
U.S. Export Controls
Software from ExpertVoice Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the ExpertVoice services or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury’s Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Arbitration and Class Action Waiver
You agree that in the event of any dispute between you and ExpertVoice or any ExpertVoice entity, you will first contact ExpertVoice and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the ExpertVoice Services, will be resolved by arbitration, including threshold questions of arbitrability of the Claim, except as permitted herein. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures and the JAMS Consumer Minimum Standards (together, the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. You have a right to have the arbitration conducted via telephone, or as an in-person hearing in your hometown area (if you live in the United States) or another location that is reasonably convenient to you.
You and Company agree that each party may bring Claims against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, you and Company agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties.
Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, except that if you have initiated the arbitration claim, you will still be required to pay the lesser of $250 or the maximum amount permitted under the JAMS Rules for arbitration claims initiated by you. You are still responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses.
The relationship of the parties to this Agreement shall be solely that of independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You may not assign, sublicense, transfer, encumber or otherwise dispose of this Agreement without ExpertVoice’s prior written approval.
ExpertVoice may change, suspend or discontinue your use of the ExpertVoice Website or ExpertVoice Services for any reason at any time, including discontinuing the availability of any feature, database or content. ExpertVoice has the right to terminate your Account with or without notice, without liability to you, any other user or any third party. All provisions of these Terms which by their nature should survive termination shall survive termination; including, but not limited to, intellectual property rights, limitation of liability, disclaimer of warranty and indemnification.