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When you ("You" or "User") use this Internet web site (or any co-branded versions of this web site) ("Site"), You agree to the following terms and conditions (the "Use Agreement"). ExpertFreelance.com, Inc. ("When you ("You" or "User") use this Internet web site (or any co-branded versions of this web site) ("Site"), You agree to the following terms and conditions (the "Use Agreement").ExpertFreelance.com,Inc. ("ExpertFreelance.com" or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
This Site is for Adults Only
Our services are available only to individuals who can form legally binding contracts under applicable law. You may use this site and the services available here during the time You are a registered user
The Site is Evolving
We may modify or discontinue this Site and the services available at it without notice or liability to You.
ExpertFreelance.com is a Venue and a Finder
The Site functions as a venue to connect buyers and service providers in a virtual marketplace. As a neutral facilitator, ExpertFreelance.com is not directly involved in the actual transactions between users of the Site. As a result, ExpertFreelance.com has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, ExpertFreelance.com cannot and does not confirm the identity of users. ExpertFreelance.com also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, We recommend that You be careful and exercise common sense and good judgment when dealing with any User on the Site. Because ExpertFreelance.com assists service providers in finding buyers in need of services, ExpertFreelance.com is considered the official finder for each project accepted through the site and its associated buyer and charges a transaction fee.
Your Relationship with Merchants, Advertisers, and Users
Your correspondence with merchants, advertisers, or users on the Site, including the development and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such merchant, advertiser, or user. You agree not to hold ExpertFreelance.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants, advertisers, or users on the Site.
Posting of Information on the Site
As a User, You will be allowed to post information, data and text to publicly accessible and limited-access areas (including but not limited to the private "Workspace" areas and ExpertFreelance.com Select) of the Site. You are not allowed to post logos, seals or slogans from third parties on any part of the Site unless they are provided by ExpertFreelance.com or an ExpertFreelance.com partner, such as a Verification Service Provider, or You have sought and received express permission from ExpertFreelance.com to display such logo, seal or slogan.
In order to operate the Site, ExpertFreelance.com must have certain rights. Consequently, when You post information, text, files, links, attachments, software or other materials ("Content") to publicly visible areas of the Site, including ExpertFreelance.com Select, You are granting, or warranting that the owner of such Content has expressly granted, a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
You should use good judgment when posting information, remarks or other Content regarding other users, service providers, ExpertFreelance.com or any other third party. You may be held legally responsible for damages suffered by other Users, ExpertFreelance.com or third parties as a result of legally actionable or defamatory comments, remarks or other information or Content which You post to the ExpertFreelance.com Site. Under federal law (specifically, the Communications Decency Act of 1996), ExpertFreelance.com is not legally responsible for any remarks, information or other Content posted or made available on its Site by any User or third party, even if such information or Content is defamatory or otherwise legally actionable. ExpertFreelance.com is not responsible for and does not monitor or censor Content for accuracy or reliability. However, ExpertFreelance.com reserves the right to remove or restrict access to any information or Content posted or made available on its Site by its users or any third party if ordered to do so by a court or if ExpertFreelance.com considers such information or Content to be in violation of its Use Agreement or posted rules or policies, including information or Content We consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of ExpertFreelance.com or other users or otherwise objectionable.
You also agree to all ExpertFreelance.com policies on the release of contact information between users, as described herein and elsewhere on the Site. You are restricted from releasing your telephone number, email address, URL and other such contact information to other users of the ExpertFreelance.com Site until such time as You agree to make a transaction with another user. At that time, You may release your contact information to that user only.
Provide Accurate Information
You agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever You post any information on or to the Site (including but not limited to posting a request for services, bidding on a posted project, and/or posting your profile), You agree to provide true, accurate and complete information. ExpertFreelance.com reserves the right to terminate Your account upon the discovery that the information You provided or posted is not complete or accurate.
Guard Your Password
You must safeguard the User ID and password You use to access this Site. You authorize us to assume that any person using the Site with Your User ID and password either is You or is authorized to act for You.
User Obligations
You agree NOT to do any of the following while using the Site:
Violate any applicable law or regulation;
Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
Tamper with postings of other users;
Post logos, seals or slogans from third parties on any part of the Site unless they are provided by ExpertFreelance.com or an ExpertFreelance.com partner;
Solicit or gather any user's information available from the Site, such as other users' names and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters;
Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site;
Frame or link to the Site except as permitted in writing by ExpertFreelance.com
Impersonate or misrepresent Your affiliation with any person or entity.
Post false or misleading information about a product, service or service request;
Post or transmit any Content that infringes a third party's intellectual property rights or rights of publicity or privacy;
Post or transmit any Content that is unlawful, untrue, fraudulent, harassing, libelous, defamatory, abusive, tortious, threatening, pornographic, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), overly disparaging or deprecating of ExpertFreelance.com or other users or otherwise objectionable;
Violate any other policies stated on the site, such as those outlined in the following Policies
o Feedback Policy
o General Content Policy
o Message Board Policy
o Project Policy
o Bidding Policy
Repeat any action after you receive warning or request to desist from ExpertFreelance.com , whether or not that action is explicitly stated in policies
Buying and Selling Services on ExpertFreelance.com
You agree to:(a) be financially responsible for Your use of ExpertFreelance.com and purchase of services; (b) abide by ExpertFreelance.com 's guidelines on posting projects and bidding on projects, which may be updated from time to time; and (c) perform your obligations and complete the transaction as specified by the terms of your posted project or your bid once you have selected a service provider or accepted a project, respectively, unless such transaction is prohibited by law or by this Agreement. Specifically, upon acceptance of a bid, the buyer agrees to purchase the services and the service provider agrees to provide the services according to the terms of the final bid agreed to by the parties, subject to any further increase or decrease in project scope. If the scope of the project increases beyond the final bid price after the project begins, the parties are bound to report that higher amount through the ExpertFreelance.com invoicing system, as described below, and ExpertFreelance.com 's transaction fee will increase proportionally to the contract value.
Protection of Copyrights and Trademarks
The Site contains trademarks and other material furnished by ExpertFreelance.com , its licensors, and other users. You should assume that everything You see or read in publicly viewable areas of the Site that was not furnished or received by You (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of ExpertFreelance.com or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect ExpertFreelance.com 's and its Licensor's trade secrets, You agree that You will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If You violate any of these terms, Your permission to use the Site Content will automatically terminate; You must immediately destroy any copies You have made of the Site Content; and We may revoke Your authorization to use the Site.
Reproduction
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by ExpertFreelance.com . ExpertFreelance.com and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if ExpertFreelance.com believes that a User's conduct violates applicable law or is harmful to the interests of ExpertFreelance.com and its affiliates.
Intellectual Property Policy
ExpertFreelance.com respects the intellectual property of others and expects our account holders to do the same. At our discretion and in appropriate circumstances, ExpertFreelance.com may terminate the accounts of users who infringe upon the intellectual property rights of others.
Limitation of Liability
NEITHER ExpertFreelance.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE AND THE SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ExpertFreelance.com 'S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THIS SITE EXCEED ,000.00. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to You.
ExpertFreelance.com is not responsible for any liability related to the completion, timeliness, adequacy, and/or payment for services listed on our Site. Any questions, complaints or claims related to the completion, timeliness, adequacy, and/or payment for services should be directed to the appropriate service provider.
If Your use of the Site results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
Reservation of Rights; Limited Licenses
ExpertFreelance.com and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. User acknowledges that the ExpertFreelance.com logo and name are trademarks of ExpertFreelance.com , and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.
Except where expressly provided by ExpertFreelance.com , nothing in this Use Agreement shall be construed to confer any license under any of ExpertFreelance.com 's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.
Errors and Disclaimer of Warranties
YOU USE THE SITE AT YOUR RISK. We endeavor to provide a convenient and functional Site, but We do not guarantee that it will be error free or that the Site or the server that operates it are free of viruses or other harmful components. We urge You to keep backup copies of material You maintain on or use with the Site.
As mentioned above, We remind You to be careful in Your dealings with other users. Without limiting the foregoing, EVERYTHING ON THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You.
ExpertFreelance.com MAKES NO WARRANTY THAT THE SITE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SITE CONTENT) WILL MEET USER'S REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ExpertFreelance.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE. ExpertFreelance.com MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ExpertFreelance.com OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless ExpertFreelance.com , its officers, directors, employees, agents and partners, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of the Site or the Site Content, including without limitation claims against ExpertFreelance.com for unsatisfactory performance of services listed on the Site, or Your violation of this Use Agreement.
General Provisions
You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of ExpertFreelance.com . Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of ExpertFreelance.com shall be null and void. This Use Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and ExpertFreelance.com .
The Use Agreement and the agreements referenced in this Use Agreement comprises the entire agreement between You and ExpertFreelance.com with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site.
We suggest that You print out a copy of this Use Agreement for Your records.
Feedback Policy
ExpertFreelance.com provides its feedback and rating system as a means through which users can express their opinions publicly, and ExpertFreelance.com does not monitor or censor these opinions or investigate any remarks posted by users for accuracy or reliability. Please use good judgment when leaving feedback or other comments regarding other ExpertFreelance.com users or other third parties. Please note that you may be held legally responsible for damages suffered by other ExpertFreelance.com users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, ExpertFreelance.com is not legally responsible for any feedback or comments posted or made available on its site by any users or third parties, even if that information is defamatory or otherwise legally actionable.
You agree NOT to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
Shill feedback: Using a secondary ExpertFreelance.com user name or other ExpertFreelance.com members to artificially raise the level of your own feedback or create negative feedback for another user.
Feedback Extortion: Demanding any action of another ExpertFreelance.com user that he or she is not required to do, at the threat of leaving negative feedback. ("Pay me an extra 0.00 or I will..." or "Provide an additional logo design or I will...[even though not covered in the original project description]").
Feedback solicitation: Offering to sell or buy services in exchange for good feedback, trade feedback undeservedly, or buy feedback.
ExpertFreelance.com reserves the right to remove or restrict access to any information posted or made available on its site by its users or any third party, including in the following situations:
Where feedback or information posted contains language that is obscene, lewd, lascivious, filthy, excessively violent, harassing, illegal, overly disparaging or deprecating of ExpertFreelance.com or other users or otherwise objectionable;
Where feedback or information posted is not directly related to transactions conducted through ExpertFreelance.com or the ExpertFreelance.com Marketplace and/or is primarily personal in nature;
Where a court or other governmental authority orders ExpertFreelance.com to remove or restrict access to feedback or information posted on its site;
Where feedback or information posted is shown to have been left by a minor or by a user who has conducted any fraudulent transaction;
Where feedback or information posted contains any personal identification information about a user or any third party, including name, address, phone number or email address or;
Where feedback or information posted seeks to elicit or solicit any user's contact information, such as other users' email addresses, for any non-ExpertFreelance.com related commercial or business purposes or to transmit any unsolicited advertising, "junk mail", "spam" or "chain letters";
Where feedback or information posted makes any reference to actions taken or purported to be taken by ExpertFreelance.com or any law enforcement organization.
Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations
General Content Policy
You agree NOT to post or transmit any of the following on the site:
Content that violates this or any other policies stated on the site
Adult or sexually explicit material or images
Contact information - email address, phone number, ICQ, your URL or a URL that points to your contact information - in any public areas of the site. Contact information may only be posted on a private message board shared between a buyer and seller for a specific project after the buyer has chosen the seller's bid and the seller has accepted the project. URLs of previous work are permitted in public areas of the site
Unprofessional or disparaging comments about a seller, buyer or ExpertFreelance.com
Projects that contain prohibited content or violate the Project Policy
Bids that contain prohibited content or violate the Bidding Policy
Unprofessional, disparaging comments about a competitor, ExpertFreelance.com or a buyer
Suggestion/solicitation/offer to another user to contact you directly in order to buy or sell services outside of ExpertFreelance.com .
Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations
Message Board Policy
You agree to the following when posting messages on public and private message boards for projects:
Professionalism and courtesy in not making disparaging comments about another user, the project or ExpertFreelance.com
Keep messages relevant to the project - messages should be questions or requests for more information about project.
Do not advertise or offer services - place a bid for the project instead
No posting of contact information or requests that buyer contact you directly; provided, however, that once a service provider's bid is chosen and the service provider accepts the project, the buyer and service provider may exchange contact information via their private message board.
Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations.
Bidding Policy
You agree to the following when placing bids on ExpertFreelance.com :
Place accurate bids that reflect the scope of the project and the amount of time/effort you plan to commit in order to provide high client satisfaction.
Place a new bid reflecting any changes to price, delivery date or approach.
Do not place unreasonably low bids, placeholders, 'jokes' or tests. If you do not have sufficient information about the project, post a message on the public board requesting more information or do not bid on the project.
Bids that are made with the intent to commit fraud will result in immediate termination from the marketplace.
Do not place boilerplate or cookiecutter bids. Bids should be customized for each project.
Do not offer your services in exchange for good feedback or for free.
When a project is posted with sufficient detail and other service providers are bidding on the total project amount, do not submit bids based on per unit measurements.
Do not contact the buyer directly outside of ExpertFreelance.com - use the private message board for communication.
Respond quickly to private messages from the buyer.
Respond as quickly as possible to inquiries sent from ExpertFreelance.com Market Maker.
Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations.
Project Policy
You agree to NOT post any of the following:
Projects that are fake, posted without the intention to award or complete the project or posted only to receive pricing information
Projects that offer commission, equity compensation or request free services, unless they are posted as Non Profit projects
Advertisements or service offers
Full time employment or recruitments
Projects related to adult content or businesses
Violation of these rules may result in suspension of your account. If you are aware of a potential violation, please Report Violations.
Community Policing
ExpertFreelance.com prohibits the exchange of contact details between buyer and service provider during the bidding period. Those who violate this rule put users who follow ExpertFreelance.com policies at an unfair disadvantage. Many members of the ExpertFreelance.com community have been helping us to keep the playing field level by reporting violations. In order to help those users and to streamline the reporting process, we've created a special "hotline" — support@ExpertFreelance.com. Send any reports of contact violations directly to this email address. 911 is an automated address for reporting violations only, and direct replies are not possible. Please do not send questions or customer service issues.
" or "We") may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.
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