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Terms of Service (Updated April 15, 2014)

By ExpertOperations |
 

Terms of Service (Updated April 15, 2014)

April 15, 2014

1. The Terms

1.1 Acceptance of Terms
1.2 Electronic communications and right to modify Terms
2. The Site
2.1 JustAnswer is a venue
2.2 The Site is not designed for emergency questions
2.3 Posts are not private or confidential
2.4 Verification
3. Your account
3.1 User accounts
3.2 Restricted activities
3.3 Suspension or termination of service
3.4 Charges
3.5 Subscription specific terms
3.6 Rating the Expert
3.7 Payment
3.8 Refunds and cancellations
3.9 Telephone charges
3.10 Receipt of special offers and other communications
4. Legal statements
4.1 Limitation of liability
4.2 Proprietary rights of content
4.3 No endorsement of non-JustAnswer entity
4.4 Information control and storage
4.5 Exclusion of warranties
4.6 Indemnification
4.7 Press releases and third-party press about JustAnswer
4.8 Miscellaneous
 
1. THE TERMS
 
1.1 Acceptance of the Terms
Welcome to JustAnswer.co.uk. ("Service" or "Site"), which is owned and operated by JustAnswer LLC, a limited liability company domiciled in Idaho, USA at 38 Keyes Avenue, First Floor, North Lobby, San Francisco, CA 94129, USA ("JustAnswer", "we", or "us"). We can be contacted at info@justanswer.co.uk. By clicking “I Agree” on the account registration or payment page or using the Site in any way, you (“you”, and “your”) are agreeing to comply with and be bound by these terms, the Privacy Policy and, if you are an Expert (as defined below), the Expert Agreement (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Site or about which you are notified (together with the Related Agreements, collectively “Terms”). In the Terms, “Customer” refers to any person who asks a question posted on the Site and “Expert” refers to any person who answers a question posted on the Site. Together, Customers and Experts are referred to as “users”.
 
1.1.1 If you do not agree with all the Terms you may not use the Site. Please review all of the Terms carefully before using the Site. By using the site you are representing that you are over the age of 13 and are capable of forming legally binding contracts.
 
1.2 Electronic communications and right to modify Terms
 
1.2.1 When you visit JustAnswer or send us e-mails, you are communicating with us electronically and you consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your JustAnswer account profile, your current and active email address.
 
1.2.2 JustAnswer may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective as to an existing user upon the earlier of the agreement of the user or 30 days after notice to the existing user, either via email from info@justanswer.co.uk or experts@justanswer.co.uk or another @justanswer.co.uk email address to your email address on file with JustAnswer or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the JustAnswer website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will alternatively signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The then current Terms will be posted on the Site, and you should always review them prior to using the Site.
 
2. THE SITE
 
2.1 JustAnswer is a venue
The JustAnswer Site is a venue for informational and educational purposes to allow Customers to purchase vouchers enabling them to ask questions and Experts to answer them once the Customer redeems their vouchers. Users of the Site, not JustAnswer, provide the content in Posts (defined below). The Experts determine which questions to answer. Experts are not employees or agents of JustAnswer but are independent service providers using the Site to sell their knowledge to Customers and, as such, along with Customers, are simply users of the Site.
 
2.1.2 JustAnswer is not involved in the conversations between Customers and Experts and does not refer Customers to, or endorse or recommend, particular Experts. You understand and acknowledge that JustAnswer cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. JustAnswer shall not be liable for any acts or omissions of Experts, content in Posts, the ability of Experts to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, JustAnswer reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any user's access to the Site.
 
2.1.3 When an Expert agrees to answer a question on the Site the Customer and Expert have entered into an agreement between themselves to which JustAnswer is not a party. JustAnswer takes no responsibility for any liabilities or obligations that any user takes on under such an agreement.
 
2.2 The Site is not designed for emergency questions
 
2.2.1 Emergency questions and crisis situations (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in the United Kingdom, call 999). You acknowledge and agree that the Site is not the appropriate venue to pose such questions.
 
2.3 Posts are not private or confidential
 
2.3.1 The Site is an Internet-based forum (like a version of a radio phone-in program). Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert forum and other places where users communicate on the Site (collectively “Posts”) are not private or confidential, nor are Posts protected by legal professional, doctor-patient, or any other privilege, and may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on JustAnswer.co.uk that relate to the search may appear in the search results list).
 
2.3.2 To help protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
 
2.4 Verification
 
2.4.1 Every Expert on the Site has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service, unless the Expert is answering questions in a category that is still being tested by JustAnswer in “Beta” (indicated by the “Beta” graphic after the category name on the category’s landing page and/or the URL beginning with www.justanswer.co.uk/lp...). Details regarding the credential(s) verified for each verified Expert can be found by clicking the “What’s This” link next to the “Verified” logo associated with each Expert. Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified.
 
2.4.2 Regarding the verification process, JustAnswer contracts with third-party service providers to perform the verifications described above; JustAnswer does not itself verify the credentials of the Experts. The results of the verifications are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. JustAnswer makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee an Expert’s purported identity; user identification on the Internet is difficult. For these reasons, JustAnswer cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by users including Experts.
 
2.5 No reliance
 
2.5.1 While JustAnswer strives to admit only high-quality Experts onto the Site, use of the term “Expert” by JustAnswer and on the Site is only meant to describe users of the Site who answer questions on the Site, and not to guarantee any particular level of expertise.
 
2.5.2 You acknowledge and agree that JustAnswer, as a platform provider only, which enables Customers to ask questions and Experts to reply to those questions, is not responsible for, and will not be liable for, any loss or damage caused by your reliance on any information or content contained in Posts.
 
2.6 Information not advice
 
2.6.1 Answers of Experts on or off the Site – in writing or otherwise - are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
 
2.6.2 If you decide to get additional services from an Expert through the “Offer More” tool, you understand and agree that the communications with such Expert may be conducted off of the JustAnswer site (either by phone, chat, or any third-party tool). You agree that any legal professional you are communicating with is not acting as your attorney and may not be licensed in the jurisdiction where you are located. As such, your communications with such professional is not subject to an attorney-client relationship or attorney-client privilege. Before applying the communications from this legal professional to your specific situation, you should consult with an attorney licensed to practice in your jurisdiction who agrees to act as your attorney.
 
2.6.3 If you agree to accept Remote Desktop services from an Expert, you understand and agree that by accepting such offer for services, you are agreeing to give the Expert full access to and control over your computer (including permission to download and use software on your computer, gather system data, modify settings, etc.) for computer diagnosis, service and repair. You agree that any third-party software acquired, installed or used during the Remote Desktop session, by you or by the Expert, will be licensed to you, that any terms of use relating to the third-party software are agreed to by you, that JustAnswer may record via video the Remote Desktop Session for the purpose of quality control, and that you will not use the Expert’s services to do anything unlawful. You further agree that you acknowledge that you understand and agree that the Expert is just a user of the Site and not an employee or agent of JustAnswer; that JustAnswer is not responsible for the Expert’s responses, answers, actions, or use of the Remote Desktop; and that the site and services are provided “as is” with no warranty or representations by JustAnswer regarding the qualifications of Experts.
 
2.7 Professional-client relationships shall not be formed on the Site
 
2.7.1 Communications on the Site are not confidential and shall not be the subject of any associated privileges. By answering questions, Experts do not form legal professional or doctor-patient relationships with users of the Site. In the event that your, and an Expert’s, use of the Site inadvertently forms a relationship that entitles you to rights other than those set out in the Terms, you waive those rights. Communications on the Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
 
2.7.2 Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
 
3. YOUR ACCOUNT
 
3.1 User accounts
 
3.1.1 When you register as a user on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify JustAnswer of any unauthorized use of your username or account. You may only create one account on the Site. If your JustAnswer account has been suspended or terminated, you may not open another account on the Site.
 
3.1.2 You agree to keep your contact and billing information (including but not limited to your email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active JustAnswer accounts.
 
3.1.3 We do not knowingly collect personal information from children under 13, and if we become aware that a child under the age of 13 has submitted personal information to us, we will promptly remove it from our systems.
 
3.2 Restricted activities
 
3.2.1 You agree that any content that you provide on the Site and your use of the Site shall not:
(a) be fraudulent, inaccurate or misleading;
(b) infringe any third party's proprietary rights or rights of publicity or privacy (JustAnswer has adopted takedown procedures for unauthorized use of copyrighted material);
(c) be illegal or violate the spirit or letter of any applicable law;
(d) promote a competitor of JustAnswer or the Site;
(e) be defamatory, libelous, threatening or harassing;
(f) be obscene or contain child pornography;
(g) if adult in nature, be posted with "Mature Audiences Only" in the listing title and it shall also contain appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections);
(h) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(i) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
(j) link directly or indirectly to or include descriptions of goods or services that:
(i) are prohibited under the Terms; or
(ii) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without JustAnswer's prior written consent.
 
Together, the "Restricted Activities".
 
3.2.2 You are prohibited from soliciting users of the Site, including Experts, for any purpose (including inviting other users to contact you other than on the Site or inviting other users to participate in any other website).
 
3.3 Suspension of termination of service
 
3.3.1 You may terminate your JustAnswer account at your sole discretion and at any time by written notice via e-mail to info@justanswer.co.uk. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms.
 
3.3.2 At any time, without notice, for any or no reason, JustAnswer reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate users’ accounts (including yours).
 
3.4 Charges
 
3.4.1 JustAnswer's platform allows Customers to post questions to Experts in subject-matter categories, facilitates communication with Experts via chat, emails and online message boards, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site may be presented with one of two payment models:
 
(a) a pay-per-question model; and
(b) a subscription model.
 
3.4.2 With the pay-per-question model, you select the voucher price that you are willing to pay for a voucher that may be redeemed for a single question to any Expert who is willing to answer your question on the Site. Once you have selected the voucher price and submitted your payment information, your question will be posted on JustAnswer. You will be charged once you enter your payment information and purchase a voucher or coupon.
 
3.4.3 The subscription model allows you to purchase multiple vouchers up to an amount equal to $500.00 per month through setting up a recurring monthly fee. The fee is automatically charged to your payment source as provided by you on the Site and placed in a pool out of which vouchers may be redeemed to pay for an Expert’s services (the “Voucher Pool”). At the end of each payment period for which you have subscribed, any unredeemed amounts remaining in the Voucher Pool will be deemed to have expired and will therefore be retained by JustAnswer.
 
3.5 Subscription specific terms
 
3.5.1 JustAnswer subscriptions are intended and authorized only for personal, non-transferrable, not-for-resale use only. Notwithstanding any other terms, JustAnswer reserves the right to cancel your JustAnswer subscription in its entirety at any time and for any reason, including but not limited to your excessive use (as determined by JustAnswer in its sole discretion). In the event that JustAnswer cancels a JustAnswer subscription, it will refund the current period’s fee to you, after deducting any used portion of the subscription fee.
 
3.5.2 Experts are ineligible to participate in the JustAnswer subscription as are their immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (persons, whether related or not, who lived in the same residence as an Expert for at least three months during the 12-month period preceding the start of the relevant JustAnswer subscription).
 
3.5.3 If you agree to a subscription offer and then later agree to a different subscription offer, then the terms of the later selected offer will apply and your earlier subscription will be cancelled, and JustAnswer will refund the relevant subscription fee, less any portion used to date.
 
3.5.4 If you are signed up on a category-specific subscription program, then you must only ask questions in the category specified by your plan. Some categories are not covered by subscriptions – please see here for a list of eligible subscription program categories. Subscription Customers will be bound by their Subscription Details, so please be sure to review them carefully.
 
3.6 Rating the Expert
 
3.6.1 Experts typically respond to Customers’ questions quickly. If the Expert requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Expert to allow the Expert to help you better.
 
3.6.2 Once the Expert answers your question, you will be asked to rate the Expert (on a scale of 1 to 5, where 5 is the best). If you provide a rating of 1-2, you will be asked to provide the Expert with feedback about why you are unsatisfied, so the Expert may try to help you better. By providing a rating of 3, 4 or 5, you are instructing and authorizing that a portion of your payment (for pay-per-question Customers) or an amount from the Payment Pool (for subscription Customers) be paid to the Expert. By providing a 3, 4 or 5 rating more than once per question-and-answer, you are authorizing JustAnswer to charge your payment source (for example, the credit card or PayPal account you provided to JustAnswer) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Expert. For example, if you rate two answers, your payment source or the Payment Pool will be charged twice the price for the relevant answers.
 
3.6.3 JustAnswer does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. For pay-per-question Customers, if no Expert responds at all to your question within 30 days, you agree that the voucher purchased has expired and the value of such voucher may be retained by JustAnswer. See Clause ‎3.8 (Refunds and cancellations) section below for information on requesting and receiving a refund.
 
3.7 Payment
 
3.7.1 You must acquire electronic "coupons” or “vouchers” via the website in order to pose questions to experts. These vouchers or coupons can be acquired by means of payment of a corresponding amount. A voucher or coupon may entitle you to pose one question to an expert or multiple questions to experts (depending on the value of the credit that is acquired).
 
3.7.2 Registration as a user and use of the website is, in principle, free of charge, but you must have acquired a voucher or coupon in the minimum amount necessary in order to pose questions (in this regard, see sec. 3.7.3). Only the experts have to remit an amount to JustAnswer for use of the website as a means of communication. In the event of acquisition of electronic vouchers or coupons, a contract shall come into existence with JustAnswer concerning the acquisition of vouchers or coupons by means of the fact that you communicate your payment data to JustAnswer and JustAnswer triggers the relevant payment via your credit card or PayPal authorization. In addition, you conclude separate contracts with the experts, as described in detail in sec. 2.1.3.
 
3.7.3 You can then only pose a question to experts if you have first acquired electronic vouchers or coupons for a sum in the amount necessary to ask a question. You can then use this credit to pay experts until it has been consumed. The credit shall always be issued for the value that you deposit. You may acquire vouchers or coupons up to a maximum amount and as a result, you may pose multiple questions to experts. Payment of the sum shall be made via credit card or PayPal. You shall give us the sum for which you wish to acquire a credit (but at least the sum listed for the respective question) and (if applicable) the relevant credit card information in the entry mask provided for that purpose or, as the case may be, via PayPal. Before ordering a payment, you must confirm it once more using the corresponding function on the website. You will be able to ask experts questions via the website as soon as your payment via credit card or PayPal has been verified If a corresponding deposit is not made or your credit no longer has the sum that you wish to pay for the answer to your question, you can no longer pose questions to experts; your access to this function shall be blocked. Access shall be enabled again when you have acquired additional credit via your credit card or PayPay.
 
3.7.4 JustAnswer reserves the right to offer special incentive, price, membership and other programs. Such programs can, at the sole discretion of JustAnswer, be limited to a specific group of users or non-users. All action bonuses and vouchers or coupons that JustAnswer provides for use of the services (answers) offered on the website shall remain the property of JustAnswer (they shall not pass to the ownership of the users and shall not be refundable) and shall be valid for only thirty (30) days – unless otherwise stated on the website or in an e-mail to the user.
 
3.8 Refunds and cancellations
 
3.8.1 If, in exceptional cases, you do not receive any answers to your questions or if you are dissatisfied for other reasons, you can request repayment of the coupon or voucher most recently acquired for answers by experts from JustAnswer via this link or with a message to info@justanswer.co.uk (with the subject heading of “Repayment”), identification of your user name or e-mail address, by which you registered with JustAnswer, and communication of your repayment request. However, this is not possible if you have given a “positive evaluation” of one or more answers by experts during this time period (i.e., you give the Expert a rating of at least 3 or higher) or if more than 30 days have passed since your last acquisition of a coupon or voucher. If you do not report within 30 days after acquisition of the coupon or voucher, your claim for repayment shall lapse; in such case you also cannot use the relevant coupon or voucher for additional questions. Your rights to refund and cancellations in accordance with sec. 3.8.2 and the provisions of 3.3 of these General Use and Business Terms and Conditions shall remain unaffected.
 
3.8.2 You have the right to cancel your agreement with us within seven business days of receiving our email confirming your registration on the Site. You can cancel the agreement by writing to us at Just Answer LLC, 38 Keyes Avenue, First Floor, North Lobby, San Francisco, CA 94129, USA or emailing us at info@justanswer.co.uk. If you use the Site within seven days of receiving our email confirming your registration on the Site you waive this right to cancel the agreement under this provision, but may still terminate the agreement or claim a refund under the other provisions of the Terms.
 
3.8.3 For pay-per-question Customers, if you do not provide a star rating of 3, 4 or 5, and are not satisfied with your experience on JustAnswer for any reason, then as your sole remedy and within 30 days of when you paid to ask your question on JustAnswer, you may request a refund by calling Customer Service (available 24 hours a day, seven days a week) on 0808-168-0054. Please check your My Questions page before requesting a refund to make sure you have viewed the most up-to-date responses to your question. If you have provided a star rating of 3, 4 or 5 or more than 30 days have elapsed since your payment, you will not be entitled to a refund.
 
3.8.4 For subscription Customers, you may cancel your subscription at any time and request a refund of that period’s fee minus any vouchers already redeemed and already paid to Experts by calling Customer Service (available 24 hours a day, seven days a week) on 0808-168-0054.
 
3.8.5 To cancel a subscription, you may contact Customer Service 24 hours a day, seven days a week on 0808-168-0054, or log into your JustAnswer account and follow the instructions there.
 
3.8.6 If JustAnswer believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, JustAnswer may withhold payments. JustAnswer will continue to investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. JustAnswer will make commercially reasonable efforts not to exceed a 90 day hold on your account as we and/or a third-party investigate.
 
3.8.7 JustAnswer maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at JustAnswer’s sole discretion, to defined and limited users or non-users. Any promotional monies or vouchers or coupons placed into your account by JustAnswer for use towards answers on the Site remain the property of JustAnswer (they never become your property and never become refundable to you), and unless otherwise stated on the Site or in an email to you, will be usable only for 30 days.
 
3.9 Telephone charges

Calls to Customer Service on 0808-168-0054 will be toll-free from a UK landline.

3.10 Receipt of special offers and other communications

By accepting these Terms, you agree to receive coupons, special offers, and other communications from JustAnswer as set out in the Privacy Policy. You may change what we may send you by making the relevant changes to your JustAnswer profile.

4. LEGAL STATEMENTS
 
4.1 Limitation of liability
 
4.1.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
 
4.1.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.
 
4.1.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
 
(a) use of, or inability to use, the Site; or
(b) use of or reliance on any content displayed on the Site; including any dispute with one or more users of the Site.
 
4.1.4 If you are a business user, we will not be liable for:
 
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect or consequential loss or damage.
 
4.1.5 If you are a consumer user, we only provide the Site to you for domestic and private use. You agree not to use the Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 
4.1.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any content on it, or on any website linked to it.
 
4.1.7 We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
 
4.2 Proprietary rights of content
 
4.2.1 You acknowledge that JustAnswer and its licensors and suppliers own the rights to the JustAnswer website and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the JustAnswer website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by JustAnswer, JustAnswer users, or JustAnswer advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
 
4.2.2 You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the JustAnswer blogs, the JustAnswer venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com or to the Site administrator or any employee, officer or agent of JustAnswer (“User Content”), will not be considered confidential and may be used by JustAnswer, in its sole discretion, without any obligation to compensate you or anyone else for use of, or to return, any submitted materials. You also agree that JustAnswer owns, and has the right to register in its name, trademarks and service marks for any category names that you create on JustAnswer. JustAnswer may use other trademarks or service marks in lieu of the category names that you create.
 
4.2.3 You grant to JustAnswer a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known.
 
4.3 No endorsement of non-JustAnswer entity
 
4.3.1 JustAnswer may offer to its users products and services offered by non-JustAnswer entities. Placement of information, logos, links or names of such non-JustAnswer entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or use the services of any such entity and you agree that JustAnswer is not responsible in any way for anything connected with those non-JustAnswer entities. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and JustAnswer by formation of this agreement or by your participation on the Site.
 
4.3.2 IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM AN EXPERT, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
 
4.4 Information control and storage
 
4.4.1 We do not control the information provided by users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using the Site, you agree to accept such risks and that JustAnswer is not responsible for the acts or omissions of users on the Site.
 
4.4.2 The amount of storage space per user is currently limited. You agree that JustAnswer is not responsible or liable for the deletion or failure to store content and/or other information.
 
4.5 Exclusion of warranties
 
4.5.1 TO THE EXTENT PERMITTED BY LAW, JUSTANSWER SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR A USER THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS. JUSTANSWER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JUSTANSWER DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE.
 
4.5.2 UNDER NO CIRCUMSTANCES WILL JUSTANSWER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
 
4.5.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JUSTANSWER OR THROUGH OR FROM THE JUSTANSWER SERVICES SHALL CREATE ANY WARRANTY.
 
 
4.6 Indemnification
To the extent permissible under applicable law, you agree to indemnify and hold JustAnswer, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities, and expenses including reasonable attorneys' fees, asserts by any third-party that are in any way due to or arising out of your use of or conduct on the Site or your failure to abide by these Terms.
 
4.7 Press releases and third-party press about JustAnswer
 
The Site may contain press releases and other information about JustAnswer. While this information was believed to be accurate as of the date prepared, we are not under any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by JustAnswer. Likewise, third-party press about JustAnswer or the Site should not be relied upon as being provided or endorsed by JustAnswer.
 
4.8 Miscellaneous
 
4.8.1 The Terms constitute the complete and exclusive statement of the Agreement between you and us. The Terms supersede any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understandings relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any JustAnswer employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or other senior representative of JustAnswer), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Expert Agreement and Privacy Policy will prevail for Experts, over other Terms; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site.
 
4.8.2 If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. JustAnswer’s failure to exercise or enforce any of the Terms shall not constitute a waiver of JustAnswer’s right to exercise or enforce the Terms as to the same or another instance. Headings in this document and Related Agreements are for the purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
 
4.8.3 You agree that JustAnswer may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and anti-fraud mechanisms in place, are based upon individual usage.
 
4.8.4 Clause 2.30 (Posts are not private or confidential), Clause 3.40 (Charges) (with respect to amounts remaining in your account as of termination), Clause ‎3.10 (Receipt of special offers and other communications), Clause ‎4.1 (Limitation of liability), Clause ‎4.2 (Proprietary rights of content), Clause ‎4.5 (Exclusion of warranties), Clause ‎4.6 (Indemnification), and Clause ‎4.8 (Miscellaneous) will survive any termination of this Agreement.
 
4.8.5 The Terms are only available in English.
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