Use of ekspert.io services (the “services”) is subject to these terms and conditions. If you do not agree with these terms and conditions, you cannot use the service. By clicking “accept site terms and conditions” when registering for site access, you agree that these terms and conditions of use represent the entire agreement concerning the services and that these terms and conditions supersede any prior proposal, representation, or understanding with respect to the services. No other communication will be construed as, or constitute, a waiver of these terms and conditions of use, or acceptance of any additional terms, conditions, or specifications, and ekspert.io hereby objects to any such additional or contrary terms, conditions, or specifications.
- CLIENTS. All Ekspert.io clients must be at least 18 years old and legally able to agree to these Terms and Conditions, and must provide and update accurate registration information.
- ACCESS. You will choose a username and password to use in accessing the Ekspert.io web site (the “Site”) for purposes of using the Services. Your username and password will allow you to post and modify information, images and other content on the Site. You must not share that username and password with any other party. You assume responsibility for any unauthorized use of your username or password, and you must promptly inform Ekspert.io of any actual or suspected unauthorized use. Ekspert.io may terminate any account that Ekspert.io determines is inactive for a substantial period of time.
- SECURITY. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Site or the Services or of the networks connected to the Site, and to abide any security policies adopted by Ekspert.io. You acknowledge and agree that Ekspert.io may monitor your access and use of the Site for security purposes. Ekspert.io may at any time terminate or suspend your access to the Site as Ekspert.io considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Ekspert.io may also impose limits on certain features and functions of the Site or the Services, or restrict your access to the Site or Services without notice or liability.
- SERVICE. You may use the Services only for the purposes for which they are intended. Any other use of the Services is strictly prohibited. Ekspert.io may change the Services at any time. Ekspert.io will try to provide reasonable notice of any changes in the Services, but is not obligated to do so. You will abide by such additional rules and restrictions as Ekspert.io may impose with respect to any Service you purchase.
- CLIENT CONTENT. All information, images and other content you post on the Site (the “Client Content”) must (i) comply with any rules and restrictions as Ekspert.io may impose with respect to the Ekspert.io Service for which the Client Content is posted, (ii) not be offensive, profane, indecent, obscene, threatening, abusive, libelous or illegal, and (iii) not contain any virus, worm, Trojan horse, worm, time bomb or other harmful or disabling device or code, (iii) not constitute or encourage conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate law, and (iv) not violate, plagiarize or infringe the rights of third parties whether of a proprietary nature or otherwise. You are responsible for maintaining back-up copies, and taking other steps necessary to protect Client Content, information or data from loss. Ekspert.io assumes no responsibility for lost Client Content or the recovery of lost Client Content.
- TRANSACTIONAL DATA. “Transactional Data” means all information, other than your confidential information as described in Section 7 below, which is collected by Ekspert.io, or to which Ekspert.io has access, that relates to the Services you purchase, your use of the Site, and transactions between you and your clients made in conjunction with the Services. You grant Ekspert.io a perpetual, worldwide, irrevocable, royalty-free license, with the right to grant sublicenses, to (i) use Transactional Data in any manner for Ekspert.io’s internal business purposes, including the provision of services to Ekspert.io clients and other third parties, (ii) prepare and distribute reports and analyses of Transactional Data, provided that such reports and analyses do not disclose your identity or your confidential information, and (iii) distribute and disclose Transactional Data that is de-identified and aggregated with other data, and grant third parties rights use and analyze such data for their internal business purposes.
- CONFIDENTIALITY. Ekspert.io will treat as confidential the financial and other business information that you provide as part of your use of the Services. Ekspert.io will use that information only for the purposes of providing the Services, and will not disclose that information to others. Ekspert.io will also take such measures to protect that information from unauthorized access or disclosure as Ekspert.io takes to protect its own valuable, confidential information, but at least reasonable care. You will treat as confidential all information you access regarding the assessment, educational and other tools Ekspert.io makes available to you as part of the Services. You will use that information only for the purposes of your use of the Services, and you will not disclose that information to others. You will also take such measures to protect that information from unauthorized access or disclosure as you take to protect your own valuable, confidential information, but at least reasonable care.
- INTELLECTUAL PROPERTY. You acknowledge and agree that all information and content that you access or that is made available to you through the Site, including, but not limited to, information, text, graphics, trademarks, logotypes, data and data compilations, is the property of Ekspert.io, its clients or its suppliers. United States and international trademark, copyright and other intellectual property right laws protect that information and content. Any software that is accessed or made available through the Service may be used only for the purpose of the Service. You may not reverse engineer, decompile or disassemble that software, or attempt to do so.
- DISCLAIMER OF WARRANTIES. THE SERVICES PROVIDED BY EKSPERT.IO ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE.” EKSPERT.IO MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, WHICH EKSPERT.IO HEREBY EXPRESSLY DISCLAIMS.
EKSPERT.IO DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE SITE OR THE SERVICES WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. EKSPERT.IO WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE, BUT EKSPERT.IO WILL USE REASONABLE EFFORTS TO CORRECT ANY MATERIAL PERFORMANCE PROBLEM BROUGHT TO ITS ATTENTION.
- OTHER DISCLAIMERS. The information provided to you through the Site and as part of the Services is accurate to the best of Ekspert.io’s knowledge at the time provided, but Ekspert.io does not have any obligation to investigate or confirm that accuracy, and you are responsible for confirming that accuracy as necessary or useful to meet your needs. The business valuation, estimated cost and other information provided to you through the Site and as part of the Services is based on a number of factors, including the information that you provide. Business valuation, estimated cost and other information can be affected by other factors and can change over time. Ekspert.io does not guarantee that any valuation provided will be realized as purchase price for, or an investment in your business. You are responsible for obtaining the legal, accounting, tax and financial services necessary for the conduct and sale of your business. Ekspert.io does not guarantee that any cost estimates provided will be realized as actual project or incidental costs. You are responsible for obtaining the legal, business consulting, technical consulting and other services necessary for the conduct and execution of your project or incidental purchase. The references provided to you for the submission of business proposals or other documentation are based upon Ekspert.io’s business experience and then available information. Ekspert.io does not have any obligation to investigate or confirm that any of those references are appropriate at the time provided, included whether the individual or business references are then willing or able to meet your business needs or objectives. Ekspert.io does not provide legal, accounting, tax or financial advice through the Site or as part of the Services.
- LIMITATION OF LIABILITY. EKSPERT.IO WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE SITE OR THE SERVICES, YOUR USE OF THE SITE OR THE SERVICE, OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF EKSPERT.IO. IN NO EVENT WILL EKSPERT.IO’S LIABILITY OF ANY KIND (I) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF EKSPERT.IO SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (II) EXCEED THE FEES PAID FOR SERVICES PROVIDED TO YOU.
- INDEMNIFICATION. You will indemnify and hold Ekspert.io harmless from all cost, liability and expense arising out of the use of the Site and Services you purchase, and transactions with your clients that are incident to or related to the Services or the Site. This indemnification will include, but not limited to, third party claims related to Client Content made accessible by the through the Site and claims made by your clients.
- ASSIGNMENT. Ekspert.io may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of Ekspert.io
- NOTICES. Any notice permitted or required to be given by you under these User Terms and Conditions will be deemed given and effective when sent to Ekspert.io at: firstname.lastname@example.org. Any notice permitted or required to be given by Ekspert.io under these User Terms and Conditions will be given and effective when sent to you at the e-mail address provided in your registration for the Services.
- GOVERNING LAW. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. Any action arising out of, or relating to, this Agreement may be brought in courts situated in Minnesota, and you consent to the jurisdiction of such courts.
- GENERAL. If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected terms and conditions will be deemed inoperative. In the event that any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.