TERMS OF SERVICE AGREEMENT    (download)

PLEASE READ THESE TERMS OF USE AND SERVICE CAREFULLY BEFORE USING THIS SITE.

 

1. Preamble.  Welcome to ExpertsOnly!  By using the ExpertsOnly.com (also referred to herein as ExpertsOnly, Inc.; ExpertsOnly; and ExpertsOnly.com, Inc.) website (the "Site"), you agree to follow and be bound by these terms of use and service (the "Terms of Use and Service") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use and Service, the words "you" and "your" refer to each customer or Expert or Site visitor, "we", us" and "our" refer to ExpertsOnly, Inc. and "Services" refers to all services provided by us.  

 

A.  Where the term “Expert” is used or referred to in every category except the legal categories, it shall mean a person with unique knowledge in a specific area, or a person engaged in an occupation as a paid job rather than a hobby.  An Expert must show a high degree of competence or skill in that specific area or occupation, conforming to the standards of competence, skill and character normally expected of a properly qualified person in that profession. 

B. Where the term “Expert” is used or referred to in any legal category, it shall not mean “specialist” or “certified specialist”.  It shall mean a professional attorney or lawyer with knowledge in a specific area or areas of law.  Such a professional Attorney or Lawyer must show a high degree of competence or skill in that specific area or areas of law, conforming to the standards of competence, skill and character normally expected of a properly qualified attorney or lawyer in that profession. 

C. The term “User” or “Customer” shall mean someone who asks a question of an Expert, however depending upon the context, may also refer any person using the Site.

 

Any and all questions about these Terms of Use and Service should be directed to us via email to Legal@ExpertsOnly.com.  Further, if you believe that any content on the Site (including, without limitation, any questions and/or responses) violates any of these Terms of Use and Service, please e-mail Legal@ExpertsOnly.com immediately. These Terms of Use and Service may be revised by us at any time and without notice to you.  Thus, it is your responsibility to review these Terms of Use and Service periodically. Please do not use this Site if you (i) find these Terms of Use and Service unacceptable at any time; or, (ii) do not agree to these Terms of Use and Service at any time.  Your continued use of the Service will signify your acceptance to any revisions of these Terms of Use and Service, or any other policies and agreements on our Site.  If you do not accept any of these Terms of Use and Service, or any revised terms, your sole and exclusive remedy is to discontinue using the Site.  The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. ExpertsOnly reserves the right, in its sole discretion, to modify or discontinue the Site or its Services, for any reason, without notice.

 

If you have any comments or feedback about another Customer, an Expert, an administrator or a Discussion Supervisor you should inform us immediately and confidentially by sending an email to Report@ExpertsOnly.com. ExpertsOnly reserves the right to refuse service to anyone at any time without notice and for any reason.

 

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

Please also refer to ExpertOnly's Privacy Policy and Disclaimer, each of which is incorporated herein in their entirety by this reference.

2. Site Services. The Experts on ExpertsOnly.com provide answers and general information to users in response to their questions in various areas for entertainment and/or educational purposes only.  ExpertsOnly, Inc. does not guarantee the accuracy or completeness of any response or answer received on the Site.  This site is not intended to create, and it shall not create, any attorney-client relationship, doctor-patient relationship or any other type of professional relationship.  Your use of this Site shall not create any such professional relationship between you and any professional or Expert who might communicate with you in any manner.  Nor will your use of this Site create any such professional relationship between you and ExpertsOnly, Inc.  At no time does ExpertsOnly, Inc. review an Expert’s response or answer for legal, medical (or otherwise) sufficiency, draw any legal, medical (or otherwise) conclusions, provide legal or medical advice or apply the law or any other information provided by the expert to the facts of your particular situation.  ExpertsOnly, Inc. and its Services are not substitutes for the advice of an attorney, doctor (or other health care provider), or other expert in the particular area in question within the particular jurisdiction in question.  

3. Privacy Policy. ExpertsOnly respects your privacy and permits you to control the treatment of your personal information. A complete statement of ExpertsOnly’s Privacy Policy can be found here http://www.expertsonly.com/page_policies.htm . ExpertsOnly’s Privacy Policy is expressly incorporated into this Agreement by reference.

When you open an account to use or access certain portions of the Site or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for the maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify ExpertsOnly immediately of any unauthorized use of your account, user name or password.  ExpertsOnly shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by ExpertsOnly, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.

In connection with the use of certain ExpertsOnly products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant ExpertsOnly a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate ExpertsOnly's rights at any time by removing your personal information from the applicable service.

4. Acceptance.
By using our Site in any way, you are agreeing to comply with and be bound by these Terms of Use and Service and any related "Agreements" (which include, without limitation, the Privacy Policy, our Legal Disclaimer, the Expert Agreement, if applicable to you, and all rules or policies posted on the Site).  Those providing answers to questions on the Site are also subject to and required to accept the terms of the Expert Agreement.  At all times, all parties must be at least 18 years old to use this Site and its Services.  Your acceptance of these Terms is signified by any use of our Site and may, but need not be, additionally signified by you checking the "I Agree" box on any page of our Site, if such is applicable.  By doing so, you agree to be bound by all of the terms and conditions contained in these Terms of Use and Service, including the acknowledgement that you are over the age of 18. You have the right to have a record of these Terms of Use and Service and any related Agreement you enter into with ExpertsOnly made available on paper form upon request for no additional fee. Simply e-mail info@ExpertsOnly.com.

  

5. Member Accounts and Content.
By using the Site, you agree to comply with and be bound by all billing procedures.  These procedures include, but are not limited to, providing and maintaining accurate and lawful billing information for active accounts on the Site.   Further, you agree to immediately notify ExpertsOnly of any unauthorized use of your password or account.

 

You agree, acknowledge and expressly represent that you are authorized to create and access any account you actually create on the Site.  You are responsible for maintaining the confidentiality of your user name, account data and password.

 

You further agree and acknowledge that you will not solicit any other users of the Site, including Experts, for any purpose (including inviting other users to contact you outside the Site or inviting Experts to participate in a competing website) except with advance written consent of ExpertsOnly. Without limiting any other remedies, ExpertsOnly may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with ExpertsOnly.

 

Any content provided by you on the site (including any questions asked or answered) and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (ExpertsOnly has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance or regulation; (d) be competitive with ExpertsOnly (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with "Mature Audiences Only" in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections); (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system without our prior consent.

 

6. Compliance with Intellectual Property Laws.  When accessing ExpertsOnly you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your ExpertsOnly user account.

ExpertsOnly has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of ExpertsOnly or of a third party or that violate intellectual property rights generally. ExpertsOnly has a policy to remove such infringing content or materials and investigate such allegations immediately.

If you believe that your copyright has been infringed, and you would like ExpertsOnly to remove the material in question, please contact Legal@ExpertsOnly.com.

 

7. Identity of Users and Experts.  Although ExpertsOnly cannot make an absolute guarantee of system security, ExpertsOnly takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us at Info@ExpertsOnly.com.   Users and Experts must agree to verify the accuracy of their email addresses for ExpertsOnly and must further immediately notify ExpertsOnly of any change in their email addresses. 

 

8. ExpertsOnly is a Venue; Release.  ExpertsOnly acts as a venue for entertainment and educational purposes to allow anyone to ask or answer just about any question, at anytime, from anywhere. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health) should be directed immediately by telephone or in-person to qualified persons.   ExpertsOnly is not the appropriate venue to deal with emergency or crisis situations. In addition, we are not involved in the actual conversation between Customers (“users”) and Experts. ExpertsOnly does not edit, modify, filter, screen, or otherwise monitor the content of questions, answers, profiles, qualifications or comments or have any obligation to monitor the content. As a result, we have no control over the quality, safety or legality of the answers given, the truth or accuracy of the answers, the ability of the Experts to answer questions or the ability of users to pay for answers. We cannot ensure that a user, customer or Expert will actually complete a transaction. Because we are a venue, in the event that you have a dispute with one or more users, you release ExpertsOnly (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

 

9. No Assurances Given for Specific Terms or Expertise. Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering your question has any expertise or qualifications to give such advice. You acknowledge that ExpertsOnly has not and cannot independently verify their qualifications. If you do not like any answer for any reason, your sole remedy is to disregard the answer and not pay for it. Notwithstanding the foregoing, ExpertsOnly reserves the right, but is not obligated, to remove any content that it believes violates any of these Terms, including, without limitation, any objectionable or personally identifiable information.

 

10. Fees For Approved Responses; Refund Policy.   If users are not satisfied, they need not pay! But users must make a deposit in order to ask a question.  This deposit, as described below, is fully refundable.  Users can choose how much to pay for the response from an Expert.  Generally, the more a user offers to pay, the timelier the response will be.  Only after a user “approves” an answer does the amount offered convert from a deposit to a payment to ExpertsOnly.  Experts are paid a percentage of all fees generated for ExpertsOnly.  Experts, as well as other users, may be compensated in other ways; for example, through various incentive and referral programs.  Prior to submitting a question for consideration by an Expert, the user is required to make a deposit of the amount they wish to pay.  If a user does not like an Expert’s response for any reason, the user may ignore or disregard the answer entirely and not approve or pay for it.  Not approving and not paying shall be a user’s sole remedy for an unacceptable response.  Refunds may be requested at Refund@ExpertsOnly.com.   As previously mentioned, ExpertsOnly maintains the right to initiate special incentive, referral and pricing programs.  These specials and incentives may be limited, at ExpertsOnly sole discretion.  ExpertsOnly reserves the right to modify this percentage at any time and without notice.  Please review the FAQs for more details on fees and incentives.

 

11. Indemnification.  You agree to defend, indemnify and hold harmless ExpertsOnly, Inc. our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and/or its Services.  

12. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us in any format whatsoever. 

 

13. Content Control.  ExpertsOnly does not control the information provided by users or Experts that is made available through our system. As such, you may find a user's information to be rude, insensitive, discriminatory, offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that despite the reasonable attempts by ExpertsOnly to prohibit it, there are always risks of dealing with underage persons or people online acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and ExpertsOnly is not responsible for the acts or omissions of users on the Site.  You agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.  ExpertsOnly reserves the right to terminate or delete such material from its servers. Further, ExpertsOnly will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or Service or of any applicable laws.  In exercising its discretion to regulate content, ExpertsOnly may delete information or may simply not have sufficient space to store all information and as such, you agree that ExpertsOnly is not responsible or liable for the deletion or failure to store information.

 

14. Unsolicited Submissions.  Except as may be required in connection with your use of ExpertsOnly, ExpertsOnly does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to ExpertsOnly through or in association with this Site shall be considered non-confidential and the property of ExpertsOnly. By providing any such submissions to ExpertsOnly you hereby assign to ExpertsOnly, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. ExpertsOnly shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

15. NO WARRANTY.  THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPERTSONLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EXPERTSONLY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. EXPERTSONLY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

16. LIMITATION OF LIABILITY. IN NO EVENT SHALL EXPERTSONLY, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF EXPERTSONLY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

17.  Additional Terms. All your use of the Site is conditioned on these Terms of Use and Service in addition to all other policies, agreements, procedures, disclaimers and terms found elsewhere on the Site.

 

18. Termination or Suspension of Service.  ExpertsOnly reserves the right to terminate, suspend or temporarily place a hold on any user or Expert’s account at any time without cause (for any reason) and without notice.  Such termination or suspension may or may not be permanent, at the sole discretion of ExpertsOnly.  Further, any user or Expert may terminate service with our Site by providing written of the decision to terminate.  Termination will be effective within 10 business days.  Termination does not affect a user or Expert’s liability or obligations under this Agreement, the Terms of Use or Service or any other policies and agreements of the Site.  Termination notices must be sent to Terminate@ExpertsOnly.com.   Terminated accounts may be subject to additional fees if later reactivated.   

 

19. Links / Ads by Third Party Sites / Presentation of Entities other than ExpertsOnly.   ExpertsOnly may contain links to or advertisements by Web sites controlled by parties other than ExpertsOnly (each a "Third Party Site"). ExpertsOnly may work with a number of partners and affiliates whose sites are linked with our Site.  ExpertsOnly is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Web site accessed from a Third Party Site or any changes or updates to such sites. ExpertsOnly makes no guarantees about the content or quality of the products or services provided by such sites. ExpertsOnly is not responsible for webcasting or any other form of transmission received from any Third Party Site. ExpertsOnly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ExpertsOnly of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that ExpertsOnly is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

 

20. Proprietary Rights of Content.  This Site is owned and operated by ExpertsOnly, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by ExpertsOnly or by our respective third party authors, developers or vendors ("Third Party Providers"). You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. You agree that any content or information provided on the Site, whether as a question or answer, will not be considered confidential and may be used by ExpertsOnly In addition, you agree that any materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of ExpertsOnly, will not be considered confidential and may be used by ExpertsOnly, in its sole discretion, without any obligation to compensate for its use of the ideas and without any obligation to return any submitted materials. Except as otherwise expressly provided by ExpertsOnly, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of ExpertsOnly’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by ExpertsOnly.

 

21. Press Release Information.  The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

 

22. Disputes, Assignment, and Governing Law.  These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any ExpertsOnly' employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.

 

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and ExpertsOnly agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. ExpertsOnly shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of ExpertsOnly in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

 

23. Arbitration.  All parties, including all users, whether Experts of customers, agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Site Terms of Use and Service, or the breach thereof , or to the Site and/or the Services shall be settled exclusively by arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA's Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules"), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth in Section 141 above, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Site Terms, injunctive or other appropriate relief may be sought from any court specified in Section 175 (above). The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Site be instituted more than two (2) years after the cause of action arose. In the event that any term of this Section 186 (Arbitration) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this Section 186 shall not be affected.

 

24. Acknowledgment. I HAVE BEEN INFORMED OF THE SERVICES THAT EXPERTSONLY IS PERFORMED AND THE COST OF THESE SERVICES.  BY USING OR MERELY ACCESSING EXPERTSONLY.COM AND/OR USING ANY SERVICES OFFERED BY THE SITE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND SERVICE AND AGREE TO BE BOUND BY THEM.

 

25. Severability.  If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.

 

26. Governing Law and Venue.  By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in California, and in the County of Orange. You and ExpertsOnly, Inc. agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

27. Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2009, ExpertsOnly, Inc.  ALL RIGHTS RESERVED.

 

Updated April 2009