TERMS OF SERVICE FOR EXPERTS
TERMS OF SERVICE FOR EXPERTS
Welcome to www.Evisors.com ("Evisors.com" or "Site"), a Web site that is a platform for on-line advice and consulting services. Evisors.com is owned and operated by Evisors, LLC (“Evisors"). The specific features and functionality of the Site are to be determined solely by Evisors and are subject to change or termination at any time, for any reason and without notice.
YOU AGREE THAT BY USING THIS SERVICE YOU ARE:
(A) AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT
AND
(B) LEGALLY AUTHORIZED TO WORK IN THE COUNTRY FROM WHICH YOU WILL BE OFFERING SERVICES ON EVISORS
This Agreement contains all of the terms and conditions between you ("Expert") and Evisors. By clicking the "Agree" button, you are executing a binding agreement between Evisors and you as the Expert. You should therefore read this Agreement carefully. If you do not agree to be bound by this Service Agreement, do not click the "Agree" button. In such case, you will not be able to register as an Expert at Evisors.com. Your use of Evisors.com as an expert implies your acceptance of the terms and conditions of this Agreement.
By registering as an Expert and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of Evisors’s Privacy Policy, which is incorporated into this Agreement.
Definition of Service
Evisors.com provides a platform where an Expert may present his or her expertise and sell advice or services to interested users (“Customers”) from Evisors.com or its affiliates. Evisors makes no representation or warranty whatsoever as to the willingness or ability of Customers to pay for any advice given by the Expert. However, payment will be gathered in advance of all consultations.
Disclaimer of Warranty and Limitation of Liability
THE EXPERT ACKNOWLEDGES AND AGREES THAT EVISORS.COM IS BEING PROVIDED FOR USE AS IS, AND THEREFORE EXPERT WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS EVISORS IN RESPECT TO EVISORS.COM'S CUSTOMER, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE EXPERT'S NEEDS. THE USE OF EVISORS.COM IS ACCORDINGLY BEING MADE AT THE EXPERT'S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. EVISORS EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS CUSTOMERS. IF AN EXPERT DECIDES TO PROVIDE EXPERT’S SERVICES THROUGH THE USE OF EVISORS.COM, EXPERT MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS EXPERT WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE EXPERT SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST EVISORS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES EXPERT DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF EVISORS.COM. EVISORS WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH EVISORS.COM. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE EXPERT'S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL EVISORS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY EXPERT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. EVISORS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO EXPERTS THROUGH EVISORS.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. EXPERT ACKNOWLEDGES AND AGREES THAT EVISORS DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A CUSTOMER IN CONNECTION WITH THE PROVISION OF ANY SERVICES BY EXPERT (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE EXPERT AS TO EXPERT’S QUALIFICATIONS AND ADVICE PROVIDED BY THE EXPERT) THROUGH THE EVISORS SERVICE AND EXPERT AGREES TO INDEMNIFY AND HOLD EVISORS HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM INCLUDING LEGAL FEES AND COSTS. EVISORS WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN EXPERT AND A CUSTOMER, INCLUDING EXPERT FEE AGREEMENT. EXPERT WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A CUSTOMER. EXPERT FURTHER ACKNOWLEDGES THAT EXPERT WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY CUSTOMER TO WHOM EXPERT PROVIDES SERVICES AND WHERE THAT CUSTOMER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH EVISORS.COM, EXPERT HEREBY RELEASES EVISORS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY'S FEES, WHICH EXPERT MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
By submitting the Expert registration form, you the Expert, represent, warrant and agree to the following:
- At all times you the Expert will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted in any form on Evisors.com, and will maintain and update all such information during the term of this Agreement (or during the course of your use of the site) to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not perform services or offer advice in any jurisdiction where you are not authorized, licensed or in good standing to do so.
- You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
- You will not misrepresent yourself or create a misleading name or listing.
- The aforementioned is an ongoing affirmative obligation for the Expert to maintain and update on a regular basis.
Expert's Conduct
You the Expert will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made in your communications through Evisors.com or under your Evisor user name and password. You represent, warrant and declare that while you are using Evisors.com as and Expert, you will act according to the following rules:
- Expert will be solely responsible for the services provided to Customers and for the verification of Customers’ identities and other information delivered to you by Customers
- As a platform where Expert can offer services, Evisors is not involved in any transactions between Expert and Customers. Evisors does not control the accuracy of any postings on the Site or transmissions through it by Customers. In addition, Evisors cannot and will not make any effort to verify the identity of any of its Customers
- Expert will not mislead Customers to believe that he or she can provide a service which is outside Expert’s fields of expertise
- All interactions between Expert and Customer will be billed through Evisors regardless if the interaction is online or offline. Expert agrees to abide by the pricing terms agreed upon with Customers while utilizing Evisors.com.
- All contact between Experts, customers and any other users who are introduced through the Evisors platform must be conducted only through the Evisors platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the Evisors platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event Evisors suspects or determines any such unauthorized contact, Evisors reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
- Expert will not take any actions which may undermine, disrupt or manipulate the integrity of the Customer feedback (rating) system on the Site.
- Expert will not interfere with or disrupt the Evisors.com site or servers or networks connected to the Site.
- Expert will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit "junk mail", or any unsolicited mass distribution of e-mail or bulletin board postings.
- Expert will not transmit through the site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind.
- Expert will not disobey or breach this Agreement or any other applicable instructions conveyed by Evisors or its officers.
- Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
- Expert will not participate in Evisors in any manner that is in violation of the rules, regulations or code of conduct of his or her current employer(s), including not divulging any restricted, confidential or otherwise proprietary information of any sort.
- Expert will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application; or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.
- Expert will not impersonate any person or entity, or make any false statement regarding Expert’s employment, agency or affiliation with any person or entity.
- Expert will not stalk, threaten or harass Customers or other Experts or invade or attempt to invade their privacy.
- Expert will not disclose any information that was provided to Expert by a Customer and will use his or her best efforts to guard Customer's privacy
- Expert agrees to comply with all applicable laws regarding use of this Site. Expert may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Evisors or others. Expert agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Expert may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password "mining" or other illegitimate method of gaining access to restricted data.
- Evisors may review the Expert's personal profile and amend any typing or spelling errors. Evisors may, in its absolute discretion, remove or refuse to post or transmit in part or full any content uploaded by the Expert. In such case, Evisors may, but is under no obligation to, notify Expert of such removal or removal or refusal. Without limiting the foregoing, Evisors may remove any content violating this Agreement. The Expert will bear all the risks associated with uploading and transmitting material utilizing Evisors.com, including reliance on its accuracy, reliability or legality.
Expert and Customer Communication
The main purpose of Evisors is to provide a platform for registered Experts to provide Customers with advice that they seek. By utilizing Evisors.com, Experts and Customers can negotiate and enter into a contract for advice. Evisors does not screen or edit the content of communications between Experts and Customers, but Evisors may screen, copy, transmit and review all communications conducted by or through Evisors.com for technical support and/or in order to uphold the terms of this Agreement.
International Users
Evisors makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
Modifications and Termination of Evisors.com
Evisors reserves the right in its sole discretion, and from time to time, to modify or discontinue, temporarily or permanently, the services in Evisors.com, with or without notice to Expert. Expert agrees that Evisors shall not be liable to Expert or any third party for any modification or discontinuance to Evisors.com's services, or for any losses or damages that may result to Expert or his or her Customers from such discontinuation or interruption of service.
Evisors's services depend upon different factors such as: software, hardware and communications networks of Evisors, its contractors and suppliers, and other factors outside its control. Hence, Evisors cannot guarantee that Evisors.com will not be interrupted, or that it will be timely, secure or error-free.
Evisors, in its sole discretion and for any or no reason, may terminate Expert's participation in Evisors.com and refuse any and all current or future use by Expert of Evisors.com.
Termination of Account by Expert
Expert may terminate their Agreement with Evisors at any time by sending an email to support@evisors.com. Evisors shall invalidate Expert's user name and password within thirty (30) days of receiving such notice. Expert may inactivate his or her own account for any desired period of time from within their Evisors account. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Copyright Policy
Evisors respects the intellectual property of others, and we ask our users to do the same. Evisors may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
Limited License
Evisors grants Expert a nonexclusive, revocable right to use the Site provided that Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Indemnification
Expert will indemnify, defend and hold harmless Evisors, and its members, managers, employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Evisors or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Expert according to this Agreement; (b) Expert's provision of services to any third party, regardless of whether or not they are Customers of the Evisors service; or (c) any materials that Expert has posted to Evisors.com and/or any content on Expert's Web site or otherwise provided to Customers. Expert represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Expert, including, without limitation, professional liability insurance applicable to the legal and medical professions.
No Assignment
Expert shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Evisors. Any purported assignment by Expert without the appropriate prior written approval will be null and void and of no force or effect.
Modifications to this Agreement
Evisors may change this Agreement without prior notice by posting modifications on the Site. Unless otherwise specified by Evisors, all modifications shall be effective upon posting. Therefore, Expert is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Expert agrees to be bound by such changes to the Agreement. If Expert does not agree to the changes, Expert may terminate access to the Site and participation in Evisors services by following the procedures set forth above.
Violation
The Expert may report any violation of this Agreement to support@Evisors.com.