ExpertVoice USER AGREEMENT
Effective: March 15, 2023
RULES OF THE ROAD
The Rules of the Road (“Rules”)contained herein describe content and conduct that is not allowed, and may because for deletion, suspension or termination without explanation or priornotice.
1. Any suspected or actual illegal orfraudulent activity
- You agree not to engage in, promote, or advocate any illegal activity or fraudulent schemes of any kind - including, but not limited to, money laundering, tax evasion, securities fraud, and pyramid or multi-level marketing schemes - through your postings or other use of this app. You also agree not to post links to other websites that engage in such activities.
- You agree not to fraudulently provide credentials in order to gain access to the site that you know are fake, not currently active, or misleading in any way. This includes being an active employee of a retailer to claim affiliation.
- Do not submit content that you know is false, inaccurate, libelous, or otherwise misleading in any way, and do not mislead as to the origin of posted content.
- Do not submit content that contains any computer viruses, worms, or other potentially damaging computer programs or files.
- Do not post any product or merchandise pricing information.
- Do not post or transmit material you do not have the right to post or transmit under law (such as copyright, trade secret or securities) or due to your personal contractual or fiduciary relationships.
- Do not post material that violates any applicable law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, (especially, and including, the rule against making false or misleading statements to manipulate the price of any security).
- You may not use this app in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use and enjoyment of the app.
- You may not attempt to gain unauthorized access to any services, user names, computer systems or networks, through hacking, password mining or any other means.
We may take any legal and technicalremedies necessary to prevent the violation of this provision.
2. Profane, obscene, inappropriate,disruptive, and unrelated content
- Indecent, profane, sexually explicit, obscene, or pornographic material of any kind - including masked profanity where symbols, initials, intentional misspellings, or other characters are used to suggest profane language - is strictly prohibited.
- Threats, personal attacks, abusive, defamatory, derogatory, or inflammatory language, or stalking or harassment of any individual, entity or organization is strictly prohibited, including employees of ExpertVoice.
- Discriminatory or hateful speech of any kind regarding age, gender, race, religion, nationality, sexual orientation, or disability is strictly prohibited.
- You agree not to engage in any spamming or excessive posting, or submit content that is disruptive, off-topic, deliberately intended to have a negative impact on this app, or its users.
3. Common courtesy, complaints, and etiquette
- Do not post any personal or identifying information about another person, including addresses, email addresses, contact information, or phone numbers, and use care in posting your personal or identifying information.
- Maintain courtesy and follow good posting etiquette. Posting with ALL CAPS, HTML tags, or excessive typographic symbols may result in your post being removed.
- This app should not be used to report a customer service issue. Any posts complaining about an individual customer service issue are subject to removal.
- Do not engage in disruptive, antisocial, or destructive acts, including "flaming," "flooding," "spamming," "griefing," and "trolling," as those terms are commonly understood.
4. Solicitations and promotions and other commercial use
- You agree not to post, or otherwise make available, any content or third-party website, with the intent of harming the flow of information and/or participation in the app.
- Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or pyramid or multi-level marketing schemes, or using automated means, including spiders, robots, crawlers, data-mining tools, or other means to download data from this app is strictly prohibited.
5. Copyright and intellectual property violations
- Infringement on any party's copyright, patent, trademark, trade secret, intellectual property or other proprietary rights, or right of publicity or privacy is strictly prohibited and is the sole responsibility of the user.
- By submitting any content, you warrant and represent that you are the copyright owner of the content or that the copyright owner of the content has granted you permission to use such content consistent with the manner and purpose of your use.
- Using this app to distribute unauthorized copies of copyrighted material, including photos, artwork, text, recordings, designs, computer programs, or derivative works of such programs is strictly prohibited and subject to removal.
SOCIAL MEDIA USERAGREEMENT
This Social Media User Agreement(“Agreement”) is a legal contract between you and ExpertVoice, Inc. (“ExpertVoice”,"us", "we" or “our”). By downloading our app and creating aprofile using our app, you agree that you: have read, do understand and agreeto be bound by, this Agreement. IF YOU DID NOT READ, UNDERSTAND AND AGREE TO BEBOUND BY THIS AGREEMENT, DO NOT CREATE A SOCIAL MEDIA PROFILE ON THIS APP.
We reserve the right, in our solediscretion, to modify this Agreement at any time. Modified terms are effectiveas soon as they are posted. We also reserve the right to waive or modify any ofthese terms as they apply to a specific posting or member without affecting theapplication of these terms to all other postings and members. Your continueduse of this app or any materials or services accessible through it, aftermodified terms are posted means you accept the modifications.
CREATING A PROFILE
In order to begin using our socialmedia community, you need to create a profile consisting of the followinginformation: First Name, Last Name, and Email address. The name you provideneeds to be your legal name. Your employer may supplement this with additionalinformation at any time. By creating a profile in our community, you agree tothe following terms and conditions:
- You certify that you are at least 18 years of age.
- You assume personal responsibility for your use of our app, including the use of your screen name by others. You agree to use our app for lawful purposes only.
- You agree not to share the names, phone numbers, street addresses, or otherwise personally identifiable information of any other person with or without their consent.
- You agree that the information you provide on the app is accurate and complete.
- You agree not to post untrue, inaccurate, out of date, or incomplete information.
- You will not take any action on the app that infringes or violates the rights of another person, violates the intellectual property rights of another person or entity, or otherwise violates the law.
- You agree not to create multiple profiles in order to abuse the order guidelines set by brands.
In turn, we reserve the right to:
- Reject any screen name that we determine in our discretion is unacceptable for use.
- Suspend or terminate your profile and prohibit future use if we find that the information you provide is untrue, inaccurate, not current, or incomplete.
- Suspend or terminate your profile if you violate any of the rules contained within this Agreement or Our Rules of the Road.
- Suspend or terminate your profile if your employer reports to us that your use of our social media app violates any terms and conditions of your employment.
We explicitly disclaim liability forany and all losses and damages arising from your failure to comply with thissection.
We take no responsibility and have no liabilityfor any content you or any other user may post. User-generated content does notrepresent our advice, views, opinions, or beliefs, and we make no claim ofaccuracy of any user-generated content.
Our app may contain or reference linksto websites that are not controlled by us ("third party websites").By accessing our app and then following links to third-party websites, you maybe exposed to content that you consider offensive or inappropriate. We are notresponsible for the content of any third-party website or any link contained ina third-party website. The inclusion of a link within our app does not implyany endorsement by or any affiliation with us. Access to any third-partywebsite is at your own risk, and you should be aware that third-party websitesmay contain terms and privacy policies that are different from those applicableto our app. We are not responsible for such provisions and expressly disclaimany liability for them. We also encourage you to review any of the terms and/orprivacy policies that may appear on such sites.
In connection with your use of our app,you may be made aware of services, products, articles, offers, and promotionsprovided by third parties, and not by us. If you decide to use thesethird-party services, you are responsible for reviewing and understanding theterms and conditions governing those services. You agree that the third party,and not us, is responsible for performance of the services.
USER PROVIDED CONTENT
We have no duty to monitor submissionsmade by you or any other user. If any user or any employer of a user finds anymaterial to be inappropriate, it is that user’s or employer’s responsibility toinform us by emailing at https://www.expertvoice.com/contact. We have the right, but not theobligation, to remove content and postings at our discretion, either becausethere has been a violation of this Agreement or the Rules of the Road, or forany other purpose.
Please keep in mind that reporting apiece of material does not guarantee that it will be removed. We may or may notinvestigate any complaint that is brought to our attention, and may or may nottake action, including, but not limited to issuing warnings, removing thecontent, or suspending or terminating the screen name.
WARNINGS, SUSPENSIONS AND TERMINATIONS
You agree that your use of our app maybe immediately suspended or terminated without explanation or prior notice.Without limiting the foregoing, the following will lead to a termination of auser's profile: 1) breaches or violations of this Agreement, Our Rules of theRoad, or other incorporated agreements or guidelines, 2) requests by lawenforcement or other government agencies, 3) a request by you (self-initiatedaccount deletions), 4) requests by your employer, 5) unexpected technicalissues or problems, and 6) extended periods of inactivity. You agree that weshall not be liable to you or any third-party for any termination of yourprofile.
RIGHTS TO CONTENT
For any content that you submit,including, but not limited to, data, text, messages, files, documents, images,photographs, videos, audiovisual works, musical compositions, sound recordings,postings, your and/or other persons' names, likenesses, voices, screen names,profiles, actions, appearances, performances and/or other biographicalinformation or material, and any other materials, you grant us a perpetual,irrevocable, royalty-free, transferable right and license to use, copy, modify,delete in its entirety, adapt, publish, translate, create derivative works fromand/or sell and/or distribute such content and/or incorporate such content intoany form, medium or technology throughout the world, on an unrestricted basisfor any purpose, without the requirement of any permission from or compensationto you.
None of the content that you submitshall be subject to any obligation of confidence on our part, our agents,subsidiaries, affiliates, partners, or third-party service providers and theirrespective directors, officers, and employees. All content that you submit maybe used in our sole discretion. We shall not be liable for any use ordisclosure of any content. Without limiting the foregoing, you hereby grant us,without the requirement of any permission from or payment to you or to anyother person or entity, a perpetual, irrevocable, transferable, fully-paid,royalty-free, non-exclusive, and sub-licensable worldwide license to use, re-use,reproduce, print, transmit, publish, exhibit, display, distribute,re-distribute, copy, host, cache, archive, store, index, categorize, stream,comment on, edit, alter, modify, adapt, translate, create derivative worksbased upon such content, in whole or in part all without further notice to youand with or without attribution.
PRIVACY AND SECURITY
While we endeavor to employ reasonablesecurity practices, no mobile application or social media platform iscompletely secure. At any time this app or any other mobileapp for that matter could be compromised. Any content that you place on our appis posted at your own risk and can be obtained and used by others. Do notreveal information that you do not want to make public, such as posts includingyour contact information or email address. We disclaim any responsibility orliability arising from your disclosure of such personal information, or anyother information, in any profile or posting.
MERCHANDISE AND PRODUCT DISCOUNTS
By viewing merchandise and/or producttraining videos you have the opportunity to earn discounts. Discounts providedthrough this app have no cash value.
Any discount provided is:
- For personal use only, unless otherwise stated, and in all cases the billing and shipping information should belong to the member;
- Not be used to purchase merchandise with the intent to resell the merchandise;
- Not valid on a previous purchase;
- Not valid in combination with other discounts, coupons and/or store offers;
- Subject to change (by the manufacturer, Us or your employer) at any time; and
- Revocable (by the manufacturer, Us or your employer) at any time.
Discounts are issued by merchandiseand/or product manufacturers, and such manufacturers could indicate an expirationdate on the face of any discount provided to you. Such discounts are void afterthe expiration date and any alteration of discount coupons shall also void thediscount. Price and availability of products for which discounts are offeredare subject to change without notice.
ExpertVoice is a place whereinfluential experts voluntarily go to improve their expertise and getrecognized and rewarded. Your use of theExpertVoice applications (websites and mobile apps) is in no way a condition ofyour employment. By creating an accountand upon each login, you agree that you are using the ExpertVoice applicationsof your own free will and understand that you will not be compensated and/orreimbursed by your employer for any time spent on these applications or anydevice charges you may incur during such access.
You hereby agree to indemnify, defend,and hold ExpertVoice, and all respective officers, directors, owners,employees, agents, representatives, and assigns (collectively, the"Indemnified Parties") harmless from and against any and all losses,damages, liabilities, and costs (including, without limitation, settlementcosts, and any legal or other fees and expenses for investigating or defendingany actions or threatened actions) incurred by the Indemnified Parties inconnection with any claim arising out of any breach by you of this Agreement orthe Rules of the Road or claims arising from your content or conduct. You shalluse your best efforts to cooperate with ExpertVoice in the defense of anyclaim. We reserve the right, at our own expense, to employ separate counsel andassume the exclusive defense and control of any matter otherwise subject toindemnification by you.
DISCLAIMER OF WARRANTIES
THE CONTENT (INCLUDING, WITHOUTLIMITATION, POSTINGS, THIRD PARTY CONTENT, AND ANY OF OUR CONTENT) IS PROVIDED"AS IS" AND CARRIES NO WARRANTIES. WE DO NOT WARRANT OR GUARANTEE THEACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUALPROPERTY RIGHTS, OR QUALITY OF ANY CONTENT, REGARDLESS OF WHO ORIGINATES THATCONTENT. WE DO NOT WARRANT THAT THIS APP IS SECURE, FREE FROM BUGS, VIRUSES,INTERRUPTION, ERRORS, OR OTHER LIMITATIONS. YOU EXPRESSLY UNDERSTAND AND AGREETHAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. WEARE NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKEDFROM OUR APP, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS INCONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THEUSE OF OR RELIANCE ON ANY CONTENT.
LIMITATION OF LIABILITIES
MOST OF THE CONTENT (INCLUDING, WITHOUTLIMITATION, THE POSTINGS AND THIRD-PARTY CONTENT) POSTED TO OUR APP IS PROVIDEDBY REGISTERED THIRD PARTIES NOT AFFILIATED WITH US. SUCH THIRD-PARTY CONTENT ISTHE SOLE RESPONSIBILITY OF THE PERSON ORIGINATING THAT CONTENT. YOU AGREE THATWE DO NOT CONTROL AND ARE NOT RESPONSIBLE IN ANY WAY FOR THIS THIRD-PARTYCONTENT. ADDITIONALLY, YOU AGREE THAT WE ARE NOT LIABLE FOR, AND YOU SHALLINDEMNIFY AND HOLD US, AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,MODERATORS, AND EMPLOYEES HARMLESS FROM ANY CLAIM, INCLUDING REASONABLEATTORNEY'S FEES, MADE BY ANY THIRD PARTY RELATING TO OR ARISING OUT OF CONTENTYOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THIS APP, YOUR USE OFTHIS APP, YOUR VIOLATION OF THIS AGREEMENT OR THE RULES OF THE ROAD OR YOURVIOLATION OF ANY RIGHTS OF ANOTHER.
TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, WE AND OUR REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT,SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TOLOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY, ORTHEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU,OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT(INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVENIF WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITSESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTALELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THESE LIMITATIONS MAKEIT POSSIBLE FOR US TO PROVIDE OUR SITES TO YOU.
Choice of Law and Location for Resolving Disputes
You agree that the law of the state ofUtah governs this contract and any claim or dispute that you may have againstus. You further agree that any disputes or claims that you may have against us willbe resolved by a court located in the state of Utah.
PLEASE NOTE THAT BY AGREEING TO THISAGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST USBASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLYCONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERALCOURTS IN THE STATE OF UTAH OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND(3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THESTATE OF UTAH FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TOTHIS APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
SHIPPING AND RETURN POLICY FOR FIREARMS
ALL FIREARMS MUST BE SHIPPED TO A VALID FEDERAL FIREARMS DEALER (FFL). ExpertVoice does not allow shipment to APO or PO boxes for firearms.
ExpertVoice complies with all federal, state, and local laws that restrict the sale andtransfer of firearms, magazine feeding devices, ammo, and other prohibitedproducts.
It is your responsibility to know your local and state laws which may prohibit orrestrict your ability to purchase certain products that ExpertVoice offers forsale.
The following is a list of restrictions that will include, in some cases policiesset forth by ExpertVoice.
Underthe Gun Control Act (GCA), shotguns and rifles, and ammunition for shotguns orrifles may be sold only to individuals 18 years of age or older. All firearmsother than shotguns and rifles, and all ammunition other than ammunition forshotguns or rifles may be sold only to individuals 21 years of age or older.
No ammunition or primer shipments.
No firearm or ammunition shipments.
No mags over 15 rounds.
No mags over 10 rounds.
Certain firearms may be restricted.
No pistol mags over 10 rounds.
No ammunition or primer shipments.
CookCounty (all cities): No guns, no mags.
Handguns must be on the Maryland Approved Handgun List.
No mags over 10 rounds.
No firearm or ammunition shipments.
No mags over 15 rounds.
Certain semi-auto firearms may be restricted.
Firearms/Ammunition Identification Card: A current, valid, & completely legible New Jersey
Firearms/Ammunition Identification Card must accompany ammunition orders for first time.
Firearms/Ammunition ID card can be submitted by email.
Only shipped to locations approved by state and local law.
No mags over 10 rounds.
All online ammunition sales must be shipped to a licensed dealer. Internet sales ofammunition are allowed, but the ammunition will have to be shipped to a FFL licensed dealer in New York State for pickup.
Nomags over 10 rounds.
ExpertVoice does not allow returns for firearms.