FreeAdvice® Answers -- Terms and Conditions of Use
Welcome to FreeAdvice Answers, a service of www.FreeAdvice.com (FreeAdvice.com or Site), which is owned and operated Advice Company, a California corporation (Company). The Company operates numerous websites that are platforms for information and professional services. The specific features and functionality of each of the Companys websites are and will be determined solely by Company and are subject to change or termination without notice.
YOU REPRESENT, WARRANT AND AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. THAT THIS CONTRACT IS ENTERED INTO AT THE COMPANYS HEADQUARTERS OFFICE AT 2330 MARINSHIP WAY, SAUSALITO, CALIFORNIA 94965, USA.
This Agreement sets and contains all of the terms and conditions between a user of FreeAdvice.com services (you or Member) and Company. By selecting the checkbox labeled I agree to the Terms and Conditions and then clicking the Ask button to submit the Member registration form, a binding agreement will be executed between you and Company. The Member should therefore read this Agreement carefully. If, however, you (the Member) do not agree to be bound by this Agreement, do not select the I agree to the Terms and Conditions checkbox. In such case you will not be able to register as a Member at Company.
Definition of Service
FreeAdvice.com provides a platform where Members can ask questions of and/or locate a Professional (who may be an attorney, accountant, insurance expert, nurse, physician, or other professional (collectively Professional) and ask for information and/or about various other services. Company makes no representation or warranty whatsoever as to (a) the willingness or ability of any Professional to give information or services, (b) whether the Member shall find the information given by an Professional satisfactory, (c) whether the information of the Professional will provide an adequate solution to his or her question, or (d) whether the Professionals information will otherwise be suitable to his or her needs. Company does not necessarily verify the skills, degrees, qualifications, credentials or background of any Professionals, unless the Site contains a Credentials Verified button next to the name of such Professional, and in such case the Company only states that it has taken reasonable efforts and to confirm the validity of the individual Professionals credential shown as verified, but Company does not in any other way verify the Professionals skills, other degrees, other qualifications, other credentials and background. Therefore, Member is encouraged to independently verify the skills, degrees, qualifications, credentials and background of those Professionals from whom he or she receives or contemplates to receive information or services.
COMPANY DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION, OR OTHER SERVICES PROVIDED BY PROFESSIONALS, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY PROFESSIONAL. COMPANY DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT OR ANYTHING SAID OR WRITTEN BY THE PROFESSIONALS OR ANY INFORMATION OR ADVICE PROVIDED, INCLUDING ANY INFORMATION CONTAINED IN ANY PROFESSIONAL LISTING. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RELIANCE BY MEMBER ON SUCH INFORMATION OR ADVICE PROVIDED BY ANY PROFESSIONAL.
INTERACTIONS WITH ATTORNEYS, INSURANCE EXPERTS AND OTHER PROFESSIONALS
IF A MEMBER CHOOSES TO INTERACT WITH ANY ATTORNEY, INSURANCE EXPERT OR OTHER PROFESSIONAL ON THE SITE, THE MEMBER RELATIONSHIP IS STRICTLY WITH THE PROFESSIONAL. COMPANY IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE ADVICE OR INFORMATION GIVEN THEREIN, AND DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO YOU BY SUCH PROFESSIONAL.
THE ADVICE OR INFORMATION PROVIDED BY ANY PURSON PURPORTING TO BE A PROFESSIONAL IS PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR INDIVIDUAL PROFESSIONAL ADVICE. WITHOUT LIMITING THE PREVIOUS STATEMENT, ADVICE OR INFORMATION PROVIDED BY PROFESSIONALS CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE MEETING WITH THAT PROFESSIONAL. MEMBERS SHOULD NOT RELY SOLELY ON INFORMATION OR ADVICE PROVIDED BY PROFESSIONALS ON OR THROUGH THE FACILITIES OF THE SITE. COMPANY STRONGLY RECOMMENDS THAT PERSONS SEEKING LEGAL OR OTHER PROFESSIONAL ADVICE MAKE AN APPOINTMENT FOR A FACE-TO-FACE MEETING WITH A QUALIFIED PROFESSIONAL.
Company does not endorse or recommend any attorney or other Professional on the Site. Member understands that it is his or her responsibility to check the certification and/or licensing of the attorney or other Professional with the applicable state licensing or certifying authority or authorities in the Professionals state or country.
Member acknowledges Professionals are not employees or agents of Company and Company assumes no responsibility for any act or omission of any such Professional. Member understands and agrees that, although a Professional may have been accessed through the Site, Company cannot predict or assess the competence of, or appropriateness for Member's needs, of the professional or other Professional. Member also understands that Member takes full responsibility for the decision to access a Professional through the Site and to continue to interact with the attorney or other Professional, and that the role of Company is strictly limited to providing access to such professionals and other Professionals and their services for Member's consideration.
Member hereby releases and agrees to hold harmless Company, its directors, officers, employees, agents, successors, advisors, consultants, and assigns from any and all causes of action and claims of any nature resulting from the acts of attorneys or any other Professionals accessed through the Site.
Statements or Opinions of the attorneys and other Professionals are solely their statements or opinions, and not those of Company. Company does not assume any liability or responsibility for the accuracy of the content on the Site, including the biographical information, qualifications, credentials or other data regarding attorneys or other Professionals (except where and to the extent he extent that the Company has placed a Qualifications Verified designation on the credentials). Company does not assume any liability or responsibility for damage or injury to persons or property arising from the use of any information or advice given by a Professional.
Member should independently verify the qualifications, experience and credentials of any Professional engaged by Member.
FreeAdvice.com may contain content, including financial information, provided by third parties. Such content is provided for informational purposes only and is not intended for trade or investment purposes. Furthermore, FreeAdvice.com operates bulletin boards pursuant to which Professionals and others may answer questions regarding various topics. As noted above, Company does not warrant the validity, accuracy, or availability of the content and information or advice provided and it will not be liable for any damages sustained by Member due to reliance on such information or advice.
Any information furnished by Professionals or others is intended for general reference purpose only. The consultation with Professionals via FreeAdvice.com cannot and does not replace a face to face meeting with a professional. Member is encouraged to verify the information furnished by Professionals. Any information on FreeAdvice.com and information furnished by Professionals is not intended to offer a solution for a specific problem and must be considered as general in nature. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER'S FULL AND SOLE RESPONSIBILITY WITHOUT ANY LIABILITY TO COMPANY.
Disclaimer of Warranty and Limitation of Liability
MEMBER ACKNOWLEDGES AND AGREES THAT THE FREEADVICE ANSWERS SERVICE AND THE FREEADVICE.COM FORUMS SERVICE ARE PROVIDED AS IS, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS COMPANY IN RESPECT TO ANY MATTER, WHETHER PROVIDED BY THIRD PARTIES, OTHER MEMBERS, PROFESSIONALS OR THE COMPANYS STAFF OR PROFESSIONALS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE MEMBER'S NEEDS. THE USE OF FREEADVICE.COM AND OTHER COMPANY SITES IS AT THE MEMBER'S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ATTORNEYS, INSURANCE EXPERTS, OTHER PROFESSIONALS AND THIRD PARTIES. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY ANY PROFESSIONAL FOLLOWING THE USE OF FREEADVICE ANSWERS OR THE FREEADVICE.COM FORUM OR WEBSITE, MEMBER MUST EXERCISE A HIGH STANDARD OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS SUCCESSORS OR ASSIGNS IN RESPECT TO ANY SERVICE OR INFORMATION OR ADVICE MEMBER DECIDES TO RECEIVE AND/OR TO RELY ON. COMPANY WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES, INFORMATION AND OR ADVICE ACQUIRED DIRECTLY OR INDIRECTLY THROUGH FREEADVICE.COM OR ANY OF THE PROFESSIONALS PROVIDING INFORMATION AND ADVICE THEREON. THE PURCHASE OF SERVICES IS EFFECTED AT THE MEMBER'S SOLE RISK.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY MEMBER 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 ANY ACTUAL OR P[OTENTIAL CLAIM MAY ARISE, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, 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 BY MEMBER TO THE PROFESSIONALS THROUGH FREEADVICE.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. MEMBER ACKNOWLEDGES AND AGREES THAT COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY ANY PROFESSIONAL IN CONNECTION WITH PAYMENT FOR SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY AND HOLD COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
COMPANY WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN ANY PROFESSIONAL AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH ANY PROFESSIONAL.
IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED WITH ANY PROFESSIONAL DIRECTLY OR INDIRECTLY THROUGH FREEADVICE.COM, THE MEMBER HEREBY RELIEVES COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS AND THEIR SUCCESSORS AND ASSIGNS 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 ATTORNEYS' FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE PROFESSIONALS OR OTHERS ABOVE.
By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:
- You are at least 18 years of age or a legally organized entity, that he or she is authorized to represent the person who is submitting a Member registration, and that he or she is authorized to sign the registration form on his or her behalf and bind him or her;
- The information furnished by you in the registration form is accurate, true and complete, and you will maintain and update such information during the term of this Agreement so that it will remain true, accurate, current and complete.
Member's Conduct:You, the Member, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using FreeAdvice.com you will act according to the following rules and agree to the following:
- Member will have the sole responsibility to verify the Professional's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Member by an Professional;
- In addition, Company cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Professionals;
- Company is not involved in any transactions between Member and Professional. Company does not control the quality, relevance or accuracy of the information or advice, whether the Professional is qualified to provide the specific advice, whether the Professional is categorized correctly or in the most appropriate category to provide the advice sought by the Member, the accuracy of any postings on the Site or any transmissions through it by Members or Professionals.
- Member agrees that any information or content that he or she posts or transmits or receives through FreeAdvice.com will not be considered confidential. Member agrees that he or she shall have no rights i(including moral rights) in and to the material he or she posts and grants Company and its successors and assigns an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, publicly perform, create derivative works, or communicate to the public any such information and content on a world-wide basis.
- Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. Company may change or remove ratings posted. Company also reserves the right to exclude without explanation any rating that it thinks may compromise the integrity of the member feedback system.
- Member will not to interfere with or disrupt the FreeAdvice.com servers or networks connected to the Site;
- Member will not attempt to gain unauthorized access to other computer systems or networks connected to the Site or any affiliated sites, and will not transmit junk mail, SPAM, or any unsolicited mass distribution of email or bulletin board postings;
- Member will not transmit through the Service or any facility on any Company site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
- Member will not make or use postings on any Company site, or emails sent through any Company site, or phone calls to professionals listed on any Company site for purposes of marketing or solicitation.
- Member will not disobey or breach this Agreement or any other applicable instructions conveyed by Company;
- Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
- Member will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any 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.
- Company may enable the transfer of files between Members and Professionals. When opening such file attachments received from Professionals it is the Member's responsibility to scan them with an anti-virus software application prior to opening them and Company has no responsibility for any such material or damages resulting from anything contained therein or attached thereto.
- Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.
- Member will not stalk, threaten or harass Professionals or other Members or infringe upon or attempt to infringe upon their privacy.
- Company may review the Member's personal profile and postings and may edit anything posted to remove personally identifying information, or to try to make inquiries more general or useful to others, amend any typing or spelling errors. Company cannot and will not examine the validity or accuracy of the details in the Member's personal profile or in any of the Member's postings or transmissions. However, Company may, in its absolute discretion, refuse to post, transmit, edit or remove any content uploaded by the Member. Without derogating from the above, Company may remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing any Company websites or services, including FreeAdvice Answers, including reliance on its accuracy, reliability or legality.
User Name and Password:
When you, the Member, create and open an account with Company, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify Company of any unauthorized use of Member's password, user name, e-mail, or any other breach of security. Company encourages Members to change their passwords at least once a month. Company will not be liable for any loss that you or anyone else incurs as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by Company due to your or someone elses use or abuse of your account or password.
CALIFORNIA LAW APPLIES. CALIFORNIA WOULD BE THE SITE OF ANY LITIGATION, AND YOU ARE SUBJECT TO JURISDICTION IN SPECIFIED COURTS IN CALIFORNIA.
This Agreement shall be deemed made in California, and shall be interpreted in accordance with California domestic law, and without regard to Californias conflicts of law rules.
YOU IRREVOCABLY AGREE THAT THE SUPERIOR COURT FOR MARIN COUNTY, CALIFORNIA AND THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SHALL BE THE SOLE AND EXCLUSIVE COURTS AND THE VENUE FOR ANY AND ALL CLAIMS, LAWSUITS OR OTHER LEGAL ACTION YOU AND/OR YOUR HEIRS, SUCCESSORS OR ASSIGNS MAY BRING AGAINST THE COMPANY DIRECTLY OR INDIRECTLY ARISING FROM AND/OR DIRECTLY OR INDIRECTLTY RELATED TO YOUR USE OF FREEADVICE ANSWERS OR ANY OTHER SERVICE OF ANY THE COMPANYS WEBSITES.
YOU FURTHER IRREVOCABLY FURTHER AGREE TO BE SUBJECT TO THE JURISDICTION OF THE SUPERIOR COURT FOR MARIN COUNTY, CALIFORNIA AND THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SUCH COURTS IN ANY ACTION THE COMPANY MAY BRING AGAINST YOU AND/OR YOUR HEIRS, SUCCESSORS OR ASSIGNS FOR ANY ACTUAL OR CLAIMED VIOLATION BY YOU OF THESE TERMS AND CONDITIONS OF USE AND/OR ANY ABUSE OR DAMAGE YOU DIRECTLY OR INDIRECTLY CAUSE OR ENGAGE IN WITH RESPECT TO ANY OF THE COMPANYS WEBSITES, PROPERTY OR PERSONNEL.