ExpertsGo Inc.

TERMS OF SERVICE

These Terms of Service are a legal agreement between you and EXPERTSGO Inc. (referred to as “us/we/our” or “EXPERTSGO”). Your use of the website (“Site”) and/or the mobile application (“App”), and collectively with the Site, (“EXPERTSGO.com”) shall be subject to these Terms of Service. By accessing the App or Site and/or by using the EXPERTSGO Service (“Service”), viewing any content or using any services available on the Site or App you are agreeing to be bound by these Terms of Service, which together with our Privacy Policy, governs our relationship with You. You may only access the Site or the App after reading and accepting these Terms of Service and creating an account (defined below) with us. If you do not agree to any terms in this Terms of Service or the Privacy Policy, then do not use our Service or create an account with us.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. These Terms of Service may be amended from time to time and any changes will be posted on the Website or we will notify you via email, at our discretion, when changes are in effect. If you continue to use the Site, App and/or Service after we make changes to the Terms of Service, you are deemed to have accepted the changes. Please refer to the Terms of Service on a regular basis.

  1. EXPERTSGO SERVICE

    The EXPERTSGO Service gives you the opportunity to interact with and search the EXPERTSGO’s database of forensic engineers, technical consultants, subject matter experts and/or expert witnesses (“Service Providers”).

  2. ACCESS TO THE SITE - ACCOUNT

    1. In order to use most aspects of the Service, you must register for and maintain an active personal user Service account ("Account"). You must be at least 18 years of age to set up an Account and use our Service. Account registration requires you to submit to us certain personal information, which may include your name, address, phone number, mobile phone number, and/or email address. You may also be required to authorize us to access your location, either permanently or only when using the Site or App, for the purposes of taking advantage of all features of the Service. This option can be changed at any time through your Account. Any information provided to EXPERTSGO by you will be handled in accordance with our Privacy Policy.
    2. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access or use the Service. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by EXPERTSGO in writing, each user may only possess one Account.
    3. Your access to and use of the Site and/or App may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site and/or App or any other reason within or outside the control of EXPERTSGO. EXPERTSGO reserves the right to suspend or discontinue the availability of the Site and/or App or any Service and/or remove any content at any time at its sole discretion and without prior notice. EXPERTSGO may also impose limits on certain features and services or restrict your access to parts of or all of the Site and/or App and Service without notice or liability.
    4. You acknowledge that EXPERTSGO has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You further acknowledge that EXPERTSGO reserves the right to terminate accounts that are inactive for an extended period of time.
    5. The Service may also be accessible via a mobile device. To the extent that you access the Service through a mobile device, your wireless service carrier’s standard charge, data rates, and additional fees may apply. You acknowledge that certain Services may be prohibited or restricted by your mobile carrier, and that not all Services may work with all carriers or devices. When you use the Service on a mobile device, you agree that We may communicate with you regarding EXPERTSGO. In the event that you deactivate your mobile telephone number, you agree to promptly update your EXPERTSGO account information to ensure that your messages are not sent to the new owner of the telephone number.

  3. USER CONDUCT

    As a condition of use the Site, App, and/or Service, you covenant that you shall not use the Site, App, and/or Service for any purpose that is illegal, unlawful or prohibited by these Terms, or for any other purpose not reasonably intended by EXPERTSGO. You are solely responsible for all content that you upload or email, or otherwise use via the Site, App, and/or Service. You agree not to use the Site, App, and/or Service, indicatively (and in no way by way of limitation):

    • To abuse, harass, threaten, impersonate or intimidate any person;
    • To post or transmit, or cause to be posted or transmitted, any content that is libelous, defamatory, obscene, pornographic, abusive, offensive, or that infringes any copyright, trademark or other right of any person;
    • For any purpose that is not permitted under the laws of the jurisdiction where you use the Service;
    • To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any EXPERTSGO user;
    • To create or transmit unwanted ‘spam’ to any person or any URL;
    • To alter content, comments, or any other Service or for the purpose of giving or receiving money or other compensation from users or third parties, or for participating in any other organized effort that in any way artificially alters the Site, App, and/or Service;
    • To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Site, App, and/or Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or
    • To sell or otherwise transfer your account to anyone.

    It is in EXPERTSGO’s sole discretion to investigate and take appropriate legal action against anyone who, in EXPERTSGO’s sole discretion, violates the user conduct provisions, including without limitation, removing the offending content from the Site, App, and/or Service, suspending the account, terminating the account, and reporting you to local authorities.

  4. USER CONTENT

    1. If you deactivate or delete your Account, User Content may still be stored in our database.
    2. If you have any questions, or concerns about use, retention, and deletion of your User Content, please do not hesitate to contact us.
    3. EXPERTSGO does not claim any intellectual property rights over the material you provide to the Site or App, including User Content. You retain all rights and ownership of your content. You can delete your Account at any time.
    4. User Content and information you provide to EXPERTSGO for the purpose of setting up your Account is subject to our Privacy Policy. EXPERTSGO will not disclose your confidential information to third parties, except as required in the course of providing its services and in accordance with our Privacy Policy. Confidential information includes any materials or information provided by you to EXPERTSGO which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time EXPERTSGO received it; (b) falls into the public domain after EXPERTSGO received it through no fault of EXPERTSGO; (c) EXPERTSGO received from someone other than you without breach of EXPERTSGO’s or their confidentiality obligations; or (d) information independently developed by EXPERTSGO without use of information provided by you.

  5. LICENSE

    1. Subject to your compliance with these Terms, EXPERTSGO grants you a limited, nonexclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Site and/or App on your personal device solely in connection with your use of the Service; (ii) access and use any content, information and related materials that may be made available through the Site, App, and/or Service, for professional use only; and (iii) provide requests and/or feedbacks on the type of Service Providers to recruit or provided on the Site and/or App by EXPERTSGO.
    2. Any rights not expressly granted herein are reserved by EXPERTSGO. Indicatively, but not by way of limitation, you are not allowed to use, copy, distribute, edit or adjust any part of the Site or the App or any material provided by EXPERTSGO in connection with the provision of the Services. Further, you are not allowed to use in any way any of EXPERTSGO’s intellectual property, including, trademarks, service marks, trade names, trade dress, software, copyrights, designs, patents, and associated rights.

  6. EXPERTSGO’S RIGHTS

    EXPERTSGO reserves the right to:

    • Interrupt, modify or terminate the Account or Service for any reason, without notice at any time;
    • Refuse service to anyone for any reason at any time;
    • deactivate user accounts of users whose conduct or content is, in EXPERTSGO’s sole discretion, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service (or alternatively, remove any such User Content);
    • Remove any User Content that, in EXPERTSGO’s opinion, violates these Terms or is in any way harmful or objectionable;
    • To implement and charge a membership fee for existing and future Accounts at any time with notice, however, such notice may be provided on the Site and/or App

    Reservation of Rights for future site functionality:

    1. ExpertsGo reserves the right to include the following additional services that may include: a) You submit a PROJECT through ExpertsGo—You will submit a proposed PROJECT to solicit service providers (“PROJECT”) through the ExpertsGo’s website, mobile application, or other ExpertsGo tools of Network Membership (“Network Membership”); b) ExpertsGo sends or posts PROJECT to service providers — ExpertsGo will compile basic information, including your approximate location and the description of the your PROJECT, and send the PROJECT via email or on the Network Membership Website to a group of service providers that perform the type of services described in the PROJECT in the area in which the PROJECT is located. (The number of service providers to which ExpertsGo will send the PROJECT may vary and is in ExpertsGo’s sole discretion, depending on a number of factors.); c) The Service Provider will submit their “interest” to the PROJECT to receive your relevant Details about the PROJECT, including the full name and contact information, and exact location of the Project (“Unlocked Customer Details”) from ExpertsGo and for ExpertsGo to send the Service Provider’s name, contact information, and quote (if applicable) to you. The PROJECT will remain active until either: (1) ExpertsGo receives a sufficient number of responses from the service providers to send to you (typically three to five, but may vary at ExpertsGo’s sole discretion); or (2) for fortyeight (48) hours after it was sent to the Service Providers, whichever is sooner. The Company does not guarantee that you will select a Service Provider for the PROJECT, decide to pursue the PROJECT, or pursue the PROJECT as described. Nor does the Company guarantee that the Service Provider will accept the Project, decide to pursue the PROJECT, or pursue the PROJECT as described. The PROJECT is an opportunity to connect with a Service Provider who, at the time, is looking to form a contract with and engage with a PROJECT. The PROJECT is not guaranteed work and/or Service for either party. Other than providing you with the Service Provider Details, you acknowledge that ExpertsGo bears no responsibility with respect to the Service Provider, the PROJECT, or any related transaction. If the Service Provider selects you, you will contact them and it will be the Service Provider’s responsibility to communicate with you, enter into a service agreement with you (“Service Agreement”), and meet your expectations.
    2. Additionally, ExpertsGo reserves the right to include the following services that may include a) Service Provider submits a “Proposed Project” through ExpertsGo—A Service Provider will submit a proposed project to solicit potential Customers (“Proposed Project”) through the ExpertsGo’s website, mobile application, or other ExpertsGo tools of Network Membership (“Network Membership”); b) ExpertsGo sends or posts Proposed Project to Customers — ExpertsGo will compile basic information, including Proposed Project’s approximate location and the description of the Service Providers Proposal, and send the Proposed Project via email or on the Network Membership Website to a group of Customers that may have interest in the type of services described in the Proposed Project in the area in which the Proposed Project is located. (The number of Customers to which ExpertsGo will send the Proposed Project may vary and is in ExpertsGo’s sole discretion, depending on a number of factors.); c) You submit your “interest” to the Proposed Project to receive Service Provider Details about the Project, including the full name and contact information of the Service Provider (“Unlocked Service Provider Details”) from ExpertsGo and for ExpertsGo to send your name, contact information, and quote (if applicable) to the Service Provider. The Proposed Project will remain active until either: (1) ExpertsGo receives a sufficient number of responses from the Customers to send to the Service Provider (typically three to five, but may vary at ExpertsGo’s sole discretion); or (2) for forty-eight (48) hours after it was Posted, whichever is sooner. The Company does not guarantee that you will select a Service Provider for the Proposed Project, decide to pursue the Proposed Project, or pursue the Proposed Project as described. The Proposed Project is an opportunity to connect with a Service Provider who, at the time, is looking for a customer to form an Agreement with and engage with a potential Proposed Project. The Proposed Project is not guaranteed work for either party. Other than providing you with the Service Provider Details, you acknowledge that ExpertsGo bears no responsibility with respect to the Service Provider, the Proposed Project, or any related transaction. If the Service Providerselects you, you will contact the Service Provider and it will be the Service Provider’s responsibility to communicate with you, enter into a service agreement with you (“Service Agreement”), and meet your expectations.
    3. Additionally, ExpertsGo reserves the right to offer a “Premium” membership to you and other Customers which may consist of increased site functionality for a fee to be determined by ExpertsGo.

  7. LIMITATION OF LIABILITY

    IN NO EVENT WILL EXPERTSGO, ITS OFFICERS, AND EMPLOYEES BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT EXPERTSGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICE OR OF ANY INFORMATION PROVIDED ON ITS WEBSITE AND/OR APP; (II) THE COST OF PROCUREMENT OR SUBSTITUTE PRODUCTS OR SERVICES; (III) ANY THIRD PARTY GOODS AND SERVICES OFFERED BY THE SERVICE PROVIDERS THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE WEBSITE AND/OR APP; (IV) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (V) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO EXPERTSGO DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. EXPERTSGO SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL. EXPERTSGO SHALL HAVE NO LIABILITY FOR USER CONTENT OR THIRD PARTY CONTENT POSTED OR PROVIDED ON ITS WEBSITE OR APP. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    ALL INFORMATION INCLUDING BUT NOT LIMITED TO THE SERVICE PROVIDER PROFILES PROVIDED ON ITS WEBSITE AND/OR APP ARE FOR ADVERTISING PURPOSES ONLY AND HAVE NOT BEEN VETTED NOR ENDORESED BY EXPERTSGO, ITS OFFICERS OR EMPLOYEES. ALL SERVICE AGREEMENTS BETWEEN YOU AND SERVICE PROVIDERS ARE MADE OUTSIDE OF THE EXPERTSGO WEBSITE. THEREFORE, EXPERTSGO IS NOT A PARTY TO THOSE AGREEMENTS AND EXPERTSGO IS NOT RESPONSIBLE FOR ANY OPINIONS, FINDINGS, DELIVERABLES, SERVICE, FEES, OR INVOICES FROM ANY SERVICE PROVIDER ON THE EXPERTSGO WEBSITE.

    YOU MAY REQUEST THROUGH THE WEBSITE A SPECIFIC TYPE OF SERVICE PROVIDER AND/OR AT SPECIFIC LOCATION. EXPERTSGO MAY ENDEAVOR TO INVITE SUCH A SERVICE PROVIDER TO THE WEBSITE. THESE SERVICE PROVIDERS WILL OPERATE UNDER THE SAME CONDITIONS AS ALL OTHER SERVICE PROVIDERS ON THE WEBSITE AND/OR APP AND ARE FOR ADVERTISING PURPOSES ONLY AND HAVE NOT BEEN VETTED NOR ENDORESED BY EXPERTSGO, ITS OFFICERS OR EMPLOYEES.

  8. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless EXPERTSGO, its officers and employees from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Service in violation of these Terms; (b) your violation of any law or rights of any third party; (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights; or (d) an agreement(s) or contract(s) you have executed with any of the Service Provider(s).

  9. CANCELLATION AND TERMINATION

    1. You may cancel your Service at any time by emailing us at [Membership@expertsgo.com]. Once cancellation is confirmed, all of your account details and any individually interacted content with any of the Service Providers will remain in your Account.
    2. To completely delete your Account, email [Membership@expertsgo.com]. Since deletion of all data is final, please be sure that you do in fact want to delete your Account before doing so.
    3. Without limiting any other remedies, EXPERTSGO may suspend or terminate your Account if it suspects that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service, as well as for any other reason referenced in the Terms of Service.

  10. GOVERNING LAW AND JURISDICTION

    1. You agree that any dispute related to these Terms of Service will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York the legal forum for any such dispute.
    2. Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or EXPERTSGO may elect at any point during the dispute to resolve the claim through binding arbitration. The dispute will then be resolved by arbitration in New York, in the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction

  11. ISSUES BETWEEN ACCOUNT HOLDER AND SERVICE PROVIDER.

    Should there be an issue(s) with a project or a communication breakdown between you and a Service Provider, ExpertsGo may proactively or reactively, at its sole discretion, act as a mediator between the parties based on your or the Service Provider’s request, and may or may not involve an additional fee. However, the ExpertsGo’s role with you and the Service Provider with the issue(s) at hand is that of an advisor to both parties and, therefore, ExpertsGo is not responsible for any outcome of the issue(s). Notwithstanding, ExpertsGo reserves the right to remove any Service Provider’s listing and/or any Customer’s Account at any time for any reason, including based on feedbacks from dissatisfied Customers or Service Providers.

  12. MISCELLANEOUS

    1. These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and EXPERTSGO concerning the Service and use of its Site and/or App. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. EXPERTSGO’s failure to insist upon or enforce strict performance of any provision of these Terms of Service shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. EXPERTSGO may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
    2. Most communication between EXPERTSGO and you will be sent and received electronically. You agree that all electronic communication between EXPERTSGO and you shall satisfy any legal requirements that such communications be in writing.
    3. You agree that EXPERTSGO may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with a EXPERTSGO Account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing or obtaining any goods or services, and that you will be provided with the opportunity to allow or disallow this contact option through your Account.
    4. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. EXPERTSGO does not guarantee that the Service, or any portion thereof, will function on any particular hardware or device. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
    5. You agree not to assign these Terms of Service or its rights without the prior written consent of EXPERTSGO
    6. Any rights of EXPERTSGO not expressly granted herein are reserved.
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