Xpert Connect supports freedom of speech, both on and off the Internet. However, the goal of Xpert Connect is to provide you with access to the best quality services possible. To ensure a safe, non-offensive environment for all our users, we have established these Terms of Service, spelling out what you can expect from us and what we expect from you.
By purchasing any services from Xpert Connect, by using any of Xpert Connect’s services, or by accessing to or using the Xpert Connect Application (“Application”) on mobile devices, you agree to be legally bound and to abide by the terms and conditions set forth below.
Xpert Connect Application is owned and operated by Forge Ahead LLC, a New Jersey limited liability company with offices at 1800 Route 206, Skillman, NJ 08558. Any references herein to Xpert Connect, “we” or “us” shall be deemed to refer to Xpert Connect Application, and/or Forge Ahead LLC, as applicable under the circumstances.
These Terms of Service, our Privacy Policy, our Copyright and Permissions Policy, and all policies posted from time-to-time on our Application set out the terms on which Xpert Connect offers you access to and use of our services, applications and tools (collectively “Services”). All policies, the Privacy Policy, the Copyright and Permissions Policy, are incorporated into these Terms of Service. You agree to comply with all the above when accessing or using our Services.
Note to Social Media Users. When purchasing services from Xpert Connect, and when posting or uploading information to or otherwise communicating via the Application or your own social media page, your activities online are subject to the Terms of Service or other terms and conditions imposed by that social media web site, which may contain terms and conditions different from these Terms of Service. Please see the following pages for further details:
http://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibilities);
http://www.linkedin.com/legal/user-agreement?trk=hb_ft_userag (LinkedIn’s Terms of Service);
https://twitter.com/tos (Twitter’s Terms of Service); and
http://www.google.com/intl/en/policies/terms (Google’s Terms of Service);
All references in these Terms of Service to “Xpert Connect”, and/or its “Application” shall be deemed to include both this Application and any and all social media pages maintained from time-to-time by Forge Ahead LLC, or its affiliates.
II. MOBILE DEVICES
Application Use. Xpert Connect grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement).
Intellectual Property-Applications. Xpert Connect owns, or is the licensee to, all right, title, and interest in and to the Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Xpert Connect’s copyright notice, trademarks or other proprietary rights notices.affixed to, contained within, or accessed in conjunction with or by any Xpert Connect Application.
Prohibited Countries Policy and Foreign Trade Regulation-Applications. Xpert Connect Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or on the US Commerce Department’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using an Xpert Connect Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).
III. ABOUT Xpert CONNECT
Xpert Connect is a platform that allows users to book and purchase educational, instructional, mentoring, and consulting services through the Application from xperts in users’ interested fields. The Application is free for all end users to register, use and browse through. Fee-based Services are also available.
In addition to the services related to the interaction of users and xperts described above, Xpert Connect also
offers a video library facility. A number of videos are available at no charge, and additional material is available
on a paid-subscription basis. For additional Terms and Conditions specific to the video library, or those that may
supersede in whole or in part Terms and Conditions outlined here, please refer to this document: Video Library Specific Terms and Conditions.
The information we provide in connection with our Services, Application, other users, and al service providers (“Xperts”), is solely informational and you may decide to use such information. Also, while we may help facilitate the resolution of disputes through various programs, Xpert Connect has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ and Xperts’ content or listings; the ability of Xperts to perform their professional services; or that a user or Xpert will actually complete a transaction or request a refund.
Xpert Connect is not responsible for the quality of services provided by Xperts. Xpert Connect only provides a platform to connect you with an Xpert through our Application. If you have a dispute with one or more Xperts, you release us (and our affiliates and subsidiaries, and our and their respective owners, officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective owners, officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach these Terms of Service, your improper use of the Services or Application, or your breach of any law or the rights of a third party.
Using Xpert Connect
You are responsible for maintaining the confidentiality of your username and password to access the Application. You are solely responsible for the content and information posted and uploaded to our Application or Xpert Connect platform. In connection with using or accessing the Services and the Application, you will not:
IV. TRADEMARKS AND SERVICE MARKS
Xpert Connect is a trademark of Forge Ahead LLC. and/or its affiliates. All rights are reserved. These and other Xpert Connect graphics, logos, service marks and trademarks of Xpert Connect, LLC and its affiliates may not be used without the prior written consent of Forge Ahead LLC. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on the Application or in any materials relating to our Services are the property of their respective owners.
V. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of Xpert Connect’s Services is at your sole risk.
Neither Forge Ahead LLC. nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this Application will be uninterrupted or error free, nor do they make any warranty as to any of Xpert Connect’s Services, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Application.
Disclaimer of Warranties.
EXPERT CONNECT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS APPLICATION. EXPERT CONNECT DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH EXPERT CONNECT WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH EXPERT CONNECT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) EXPERT CONNECT OR THE SERVER(S) THAT MAKE OUR APPLICATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXPERT CONNECT’S SERVICES AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS APPLICATION ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY EXPERT CONNECT LLC AND ITS AFFILIATES.
Limitation of Liability.
IN NO EVENT SHALL EXPERT CONNECT’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EXPERT CONNECT OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH EXPERT CONNECT, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS APPLICATION, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH EXPERT CONNECT, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF EXPERT CONNECT OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Internet Delays.
USE OF THIS APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. EXPERT CONNECT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Links to Third Party Sites.
This Application contains links to third party sites. These links are provided for convenience purposes and are not under the control of Xpert Connect. If you choose to link to such third party web sites, Xpert Connect makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. Xpert Connect does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Xpert Connect disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.
Domestic Use Only.
Xpert Connect’s Services are available to you only in the United States, its territories, and possessions, and Canada. You agree not to use or attempt to use our Services from outside these locations. If you use our Services from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of any content, information or materials available on this Application contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. Xpert Connect may use technologies to verify your compliance.
VI. CONTENT AND COPYRIGHT OWNERSHIP
A. Copyright and Limited License
Unless otherwise indicated, this Application and all content and other materials therein, including, without limitation, the Xpert Connect logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Application Materials”) are the proprietary property of Xpert Connect or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use this Application and Application Materials for personal and informational purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of this Application or Application Materials; (b) the collection and use of any service listings, pictures or descriptions; (c) the distribution, public performance or public display of any Application Materials; (d) modifying or otherwise making any derivative uses of this Application and the Application Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Application, the Application Materials or any information contained therein, except as expressly permitted on this Application; or (g) any use of this Application or the Application Materials other than for its intended purpose. Any use of this Application or Application Materials other than as specifically authorized herein, without the prior written permission of Xpert Connect, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
B. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via this Application infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Forge Ahead LLC
1800 Route 206,
Skillman, NJ 08558
941 400 3087
Info@ExpertConnect.pro
Please see 17 U.S.C.A. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Xpert Connect has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Xpert Connect may also, in its sole discretion, limit access to this Application and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
C. Third Party Site Materials
Xpert Connect may provide third party content on this Application and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Xpert Connect is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
D. Advertisements and Promotions; Third-Party Services and Services
Xpert Connect may display advertisements and promotions from third parties on this Application or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Xpert Connect is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Xpert Connect advertisers or third party information on this Application.
VII. SUBMISSION OF IDEAS
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Xpert Connect, this Application and our Services (collectively, “Ideas”). Ideas, whether posted to this Application or provided to Xpert Connect by e-mail or otherwise are entirely voluntary, nonconfidential, gratuitous and noncommittal. Xpert Connect shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
X. TERMINATION
Notwithstanding any of these Terms of Service, Xpert Connect reserves the right, without notice and in its sole discretion, to terminate your license to use this Application and to block or prevent your future access to, and use of, this Application.
XI. USAGE BY CHILDREN AND MINORS
Xpert Connect cannot prohibit minors from visiting or using this Application. Xpert Connect must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
Xpert Connect requires that all purchases be made either: (i) by individuals 18 years of age or older, or (ii) by minors under 18, through a Xpert Connect authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our Application and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE SERVICES FROM EXPERT CONNECT, YOU ARE REPRESENTING TO EXPERT CONNECT THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH AN EXPERT CONNECT AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE SERVICES ON OUR APPLICATION AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
XII. APPLICABLE LAW
These Terms of Service and this Application are created and controlled by Xpert Connect LLC, a limited liability company organized in the State of [state of incorporation], U.S.A. The laws of the State of [name of governing law state], U.S.A. will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of [name of governing law state], U.S.A., and of the United States District Court for the District of [name of governing law state] for any litigation arising out of or relating to use of or purchase made through Xpert Connect (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of [name of governing law state], U.S.A., and agree not to plead or claim in any court of the State of [name of governing law state], U.S.A. that such litigation brought therein has been brought in an inconvenient forum.
XIII. Agreement to Arbitrate
You and Xpert Connect each agree that any and all disputes or claims that have arisen or may arise between you and Xpert Connect relating in any way to or arising out of this or previous versions of these Terms of Service, your use of or access to Xpert Connect’s Services, or any services sold, offered, or purchased through Xpert Connect’s Services shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (nonclass, nonrepresentative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
XIV. MODIFICATION OF TERMS
Xpert Connect may update these Terms of Service. We will notify you about significant changes in the way we
treat personal information by sending a notice to the primary e-mail address specified in your Xpert Connect
account or by placing a prominent notice on this Application. You are responsible for regularly reviewing these
Terms of Service. Continued use of Xpert Connect after any such changes shall constitute your irrevocable and
unconditional consent to such changes.
XV. NOTICES
Xpert Connect may give notice by means of a general notice on this Application, or electronic mail to your e-mail address on record in Xpert Connect’s account information, or by written communication sent by first class mail or prepaid post to your address on record in Xpert Connect’s records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or prepaid post) or 12 hours after sending (if sent by email).
XVI. GENERAL
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and Xpert Connect as a result of these Terms of Service. The failure of Xpert Connect to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Xpert Connect in writing.
These Terms of Service, together with any applicable policies, comprise the entire agreement between you and Xpert Connect and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
The policies posted on our Application may be changed from time-to-time. Changes take effect when we post them on the Xpert Connect Application.
The following Sections survive any termination of these Terms of Service: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210 FREE.