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Electronic Agreement Terms and Conditions
IMPORTANT – READ CAREFULLY:
This electronic agreement terms and conditions (“Electronic Agreement”) is a legally binding contract between you, the customer (“Customer”), and Webponder, LLC (“Webponder”).
By checking the “I Agree” box at the bottom of the Electronic Agreement and continuing with registration, the Customer agrees to all terms of the Electronic Agreement, and agrees to abide by and be bound by all terms of the Electronic Agreement. This Electronic Agreement between Customer and Webponder will continue through the date of the completion of the term as stated in the Customer’s Registration (defined below), viewable under the Customer’s “My Account” tab.
By agreeing to this Electronic Agreement, the Customer states that:
You are eighteen (18) years or older;
You have authority to enter into a legally binding contract on behalf of the Customer if that Customer is another individual, legal entity, or party;
You have read, reviewed, and understand, the Electronic Agreement and all of the contents contained within; and
If you have not read, reviewed, and understand this Electronic Agreement, you will check the “I Do Not Agree” box at the bottom of the Electronic Agreement, and by doing so, the registration process will be abandoned.
. During the registration process, the Customer will select which services the Customer is registering for (“Services”). Registered Services will then be viewable by the Customer under the "My Account" page within Webponder’s website.
. To use Webponder’s Services, in addition to agreeing to this Electronic Agreement, the Customer must register with Webponder by completing and executing the customer registration form (“Customer Registration”) online, and Webponder must approve the Customer Registration. Webponder may reject any Customer Registration at its sole discretion, and is not obligated to provide a reason for rejection to the potential Customer. After completion of Customer Registration, the Customer agrees to:
Provide accurate and current information;
Update and keep accurate the registration information if the Customer’s registration information becomes outdated;
Keep safe and private your password, and to not disclose your password to any third party;
Accept sole responsibility and accept any ramifications, whether they be legal or otherwise, for all actions under your account, whether or not they are authorized actions;
That Webponder shall not be liable for any loss or damages Customer may sustain in the event a third party uses Customer’s account, whether it be with or without Customer’s knowledge;
Notify Webponder of any unauthorized use of your account;
Not permit any third party to use your account;
Not use your account for any illegal or illicit purpose;
Not create an account for any person that is not you without prior authorization; and
Not create more than one personal account.
. During the Customer Registration process, the Customer will provide Webponder with credit card information and billing information (“Payment Information”). Webponder will use the Payment Information to pay the Customer’s monetary obligation owed to Webponder as agreed to by the Customer during the Customer Registration, and as viewable to the Customer under the “My Accounts” tab. Said Payment Information must be kept current and accurate, and have available credit sufficient to meet the Customer’s monetary obligation to Webponder. Webponder is not responsible to Customer for any insufficient funds or overdraft fees charged to the Customer by the Customer’s bank or financial institution in conjunction with Webponder’s use of Customer’s Payment Information. In the event that Customer’s Payment Information is found to be inaccurate, outdated, or insufficient, Webponder may cancel Customer’s account, or temporarily cease Customer’s use of Webponder.
. Webponder reserves the right to change, amend, or add to the contents of the Electronic Agreement at Webponder’s sole discretion, and without notice to the Customer, or consent of the Customer.
It is the Customer’s sole responsibility to stay current with the Electronic Agreement and review any changes, amendments, or additions to the Electronic Agreement. The current version of the Electronic Agreement can be viewed by clicking on the hyperlink at the bottom of Webponder’s homepage;
If Webponder elects to notify Customer about any change, amendment, or addition to the Electronic Agreement, Customer’s consent to being notified only via email or via pop-up upon their next login;
Customer objections to changes, amendments, or additions to the Electronic Agreement will be accepted via email only, within thirty (30) days of the date of the change;
Upon receipt of any objection to any change, amendment, or addition to the Electronic Agreement, the Customer will not be bound by the change, amendment, or addition, for the remainder of the Customer’s Contract. However, at Webponder’s sole discretion, upon email notification to the Customer, Webponder may cancel the remainder of Customer’s Contract, and the Customer will no longer have any obligation to Webponder, monetarily or otherwise, or the right to use any of Webponder’s services.
AUTHORIZATION TO ACCESS CUSTOMER’S ACCOUNT
. Customer authorizes employees of Webponder to access Customer’s account information, with the exception of Customer’s billing information, which may only be accessed by management and accounting.
. If the Customer violates any term or condition of this Electronic Agreement, at its sole discretion, and without prior notification or warning, Webponder may terminate the Customer’s account. In the event the Customer’s account is terminated, all remaining customer fees will remain due and owing to Webponder. Webponder shall not be responsible for any damages Customer accrues as the result of the termination of Customer’s account.
CUSTOMER RIGHTS AND RESTRICTIONS
. After completion of Customer Registration and payment of the fees associated with the Services subscribed to, Customer will be granted access by Webponder to use the Services Customer has subscribed to for the duration of the term agreed upon during the Customer Registration process, in accordance with the terms of the Electronic Agreement.
Customer agrees to abide by the following restrictions:
Customer accepts sole responsibility for all content transferred by Customer, whether it be visual, audio, written communication, or other, to any other party in association with Customer’s use of Webponder;
Customer agrees to refrain from using Webponder to:
Transmit any type of communication that infringes or violates any parties patent, copyright, trademark, trade secret, or violates another parties intellectual property rights;
Transmit unsolicited or unauthorized advertising, email, promotional materials, spam, or other form of solicitation;
Request, collect, store, or disclose any personal identifiable information from any user without their written permission;
Request, collect, store, or disclose any non-public information provided by any user that said user reasonably expected was confidential, without said user’s written permission;
Communicate any message that is:
Bullying or harassing;
False or misleading;
Defamatory, libelous, or slanderous;
Pornographic or sexually explicit;
Promoting discrimination, racism, harassment or harm to an individual or group;
Threatening, inciting, or promoting violence; and
Promoting any illegal activity, or activity that could give rise to a civil action.
Customer agrees not to attempt to gain access or use Webponder in any way other than that specifically outlined in the Electronic Agreement and Customer Registration, including, but not limited to:
Intercepting, monitoring, or viewing any communication that is not intended for the Customer;
The use of any type of software, engine, agent, device, or mechanism to gain access to Webponder or any other parties account, or account information;
Reverse engineer, decompile or attempt to decipher any code in connection with Webponder;
The use of Webponder that could compromise the quality of the Services to any Customer, or Webponder;
Customer agrees not resell, distribute, or share the Services provided to the Customer with any other party, including other Customers; and
Customer is not granted any rights other than those expressly outlined in this Electronic Agreement.
DISCLAIMER OF WARRANTIES
. CUSTOMER UNDERSTANDS AND AGREES THAT WEBPONDER, AND ALL SERVICES PROVIDED BY WEBPONDER, ARE PROVIDED “AS-IS,” WITHOUT A WARRANTY OF ANY KIND, AND THAT CUSTOMER IS USING WEBPONDER AND ITS SERVICES AT CUSTOMER’S SOLE RISK. WEBPONDER EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, SATISFACTORY CONDITION OR QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR NON-INFRINGEMENT. WEBPONDER MAKES NO WARRANTY THAT WEBPONDER OR THE SERVICES IT PROVIDES WILL MEET THE SATISFACTION, OR REQUIREMENTS OF THE CLIENT, OR BE AVAILABE OR UNINTERUPTED, SECURE, ERROR-FREE, OR TIMELY. WEBPONDER FUTHER DOES NOT WARRANT THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH WEBPONDER, OR THIRD PARTIES VIA WEBPONDER, IS RELIABLE, ACCURATE, SAFE, OR TRUTHFULL. NO INFORMATION OR ADVICE OBTAINED THROUGH WEBPONDER, OR ITS SERVICES, OR THROUGH THIRD PARTIES VIA WEBPONDER, WHETHER WRITTEN, ORAL, OR OTHERWISE, SHALL CREATE A WARRANTY NOT EXPRESSLY DEFINED WITHIN THIS ELECTRONIC AGREEMENT. CUSTOMER FURTHER UNDERSTANDS AND AGREES THAT WEBPONDER IS UNDER NO OBLIGATION TO CORRECT DEFECTS, MISTAKES, OR ERRORS WITHIN WEBPONDER OR THE SERVICES IT PROVIDES. CUSTOMER UNDERSTANDS THAT ANY AND ALL USE OF INFORMATION, DATA, DOWNLOADS, PLUG-INS, OR OTHERWISE, IS DONE AT THE SOLE RISK OF THE CUSTOMER, AND THAT CUSTOMER AGREES THAT WEBPONDER IS NOT RESPONSIBLE FOR ANY DAMAGE THAT SAID DATA CAUSED TO CUSTOMER’S COMPUTER, HARDWARE, SOFTWARE, OR OTHER.
DISCLAIMER OF WARRANT REGARDING ADVICE FROM “EXPERTS.”
CUSTOMER UNDERSTANDS AND AGREES THAT ANY AND ALL ADVICE, RECOMMENDATIONS, SUGGESTIONS, OPINIONS, AND INFORMATION CONVEYED BY EXPERTS ON WEBPONDER, TO CUSTOMERS OF WEBPONDER OR ANY OTHER PERSON ARE NOT ENDORSED BY WEBPONDER, AND ARE THE SOLE ADVICE, RECOMMENDATIONS, SUGGESTIONS, OPINIONS, AND INFORMATION OF THE EXPERT. WEBPONDER MAKES NO WARRANTY AS TO THE ACCURACY, VERACITY, QUALITY, OR TRUTHFULNESS OF SAID ADVICE, RECOMMENDATIONS, SUGGESTIONS, OPINIONS, AND INFORMATION, AND ENCOURAGES CUSTOMER TO USE ANY AND ALL OTHER RESOURCES AVAILABLE TO THEM, INCLUDING THE SEARCH FOR AND USE OF SECOND OPINIONS, BEFORE MAKING DECISIONS BASED ON ANY ADVICE OR INFORMATION CONVEYED BY AN EXPERT CUSTOMER SPEAKS WITH ON WEBPONDER. CUSTOMER AGREES TO HOLD WEBPONDER HARMLESS FOR ANY DAMAGES INCURRED BY CUSTOMER AS A RESULT OF CUSTOMER’S RELIANCE ON ANY ADVICE, RECOMMENDATIONS, SUGGESTIONS, OPINIONS, AND INFORMATION.
RELIANCE ON THE TERM “EXPERT.”
Customer understands and agrees that the term “Expert,” as used by Webponder, is solely used for the purpose to describe the individuals listed on the Website who are offering advice to other individuals. Webponder does not guarantee any level of expertise or warrant that the “Experts” listed and providing advice on Webponder are experts in their field.
LIMITATION OF LIABILITY
. CUSTOMER AGREES, THAT UNDER NO CIRCUMSTANCE, WILL WEBPONDER, ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, SUPPLIERS, OR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER THEY BE INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, WHETHER THEY ARISE OUT OF A SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, LOSS OF DATA, LOSS OF REVENUE, LOSS OF OPPORTUNITY, LOSS OF PROFITS, COSTS FOR RECOVERY, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, INABILITY TO USE THE SITE, OR USE OF INFORMATION OBTAINED THROUGH THE USE OF WEBPONDER’S SERVICES NO MATTER THE CAUSE, AND NO MATTER THE THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO WARRANTY, CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, AND WHETHER OR NOT WEBPONDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NOT WITHSTANDING THE FOREGOING, WEBPONDER’S LIABILITY IS HEREBY LIMITED TO THE AMOUNT CUSTOMER HAS PAID WEBPONDER OVER THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM, SUBJECT TO A MAXIMUM OF ONE THOUSAND DOLLARS ($1,000.00).
. Customer agrees to defend, indemnify, and hold harmless, at its sole expense, Webponder, its parents, subsidiaries, officers, employees, suppliers, or affiliates, from and against all losses, costs, damages, liabilities, and expenses, including attorney fees, asserted by any third party that may in any way be the result of, or stemming from, the Customer’s use, lawful, fraudulent, or otherwise, of Webponder’s Services.
. Customer may not attempt to assign or transfer its rights or responsibilities under this Electronic Agreement, either in whole or in part, without prior written approval from Webponder, and any such attempted assignment or transfer shall be null and have no effect. This Electronic Agreement will remain binding upon both parties and their successors and permitted assigns.
. This Electronic Agreement and any dispute arising out of or in connection with such, shall be governed by and construed under the laws of the State of Florida, without regard to the principles of conflict of laws. Customer agrees to submit to the personal jurisdiction of the Courts located in Miami-Dade County, Florida, for the purpose of litigation of any claims.
. If any portion of this Electronic Agreement, or the application of such to any Customer, or other person, shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Electronic Agreement, or the application of such to any Customer or other person other than those to which it is held to be invalid or unenforceable, shall not be affected.
. This Electronic Agreement contains the entire agreement between Customer and Webponder, and supersedes all prior or contemporaneous written or oral negotiations, correspondence, understandings, and agreements between or among the Customer and Webponder.
. Any dispute between Customer and Webponder shall be settled only by arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (“AAA;” or a similar organization if the AAA has no office in Miami-Dade County at the time of initiation of the arbitration) in effect at the time such arbitration is initiated, and subject further to the provisions of the Florida Arbitration Act, incorporated by reference. The parties shall use a single arbitrator experienced in web based businesses and mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within ten (10) business days of the initiation of arbitration, an arbitrator shall be selected in accordance with AAA rules.
The arbitration hearing shall be conducted in the Miami-Dade County, Florida at the AAA offices closest to principal office of Webponder, unless both parties consent to a different location. Any questions involving contract interpretation shall use the laws of Florida. The decision of the arbitrator will be final and binding upon the parties, and the judgment of a court of competent juris¬diction may be entered thereon. Legal fees, fees of the arbitrator and the cost of arbitration shall be borne as determined by the arbitrator.
. Customer authorizes Webponder to use Customer’s public Webponder profile information (“Profile Information”) in Webponder’s and Customer’s other social media profiles such as Facebook, Twitter, Linkedin, Tumblr, and Google+, in an effort to promote the Customer’s Webponder profile, and Webponder.com. Profile Information is defined as any information that could readily be ascertained by another Customer of Webponder by viewing Customer’s Webponder profile, such as Customer’s name, area of expertise, and geographic location.
CONSULTATION TRANSACTION FEE
. Customer authorizes Webponder to withhold a five percent (5%) consultation transaction fee (“Transaction Fee”) on each consultation that Customer provides where there is a charge for the consultation from one Customer to another Customer (“Consultation Fee”). The Transaction Fee is charged to offset the various fees and overhead that Webponder incurs during the process of collecting the Consultation Fee, and redistributing the Consultation Fee to the Expert, such as online bank charges for the use of credit cards, and overhead for processing the payment and transferring money from Customer to Customer.
OUTSTANDING MEMBERSHIP FEES
. In the event that a Member becomes delinquent in paying his or her membership fees to Webponder, Webponder reserves the right to bring the Member’s account balance current by crediting the Member’s outstanding account balance with any pending consultation fees that Member has earned, but have not yet been transferred to Member. Webponder will then transfer the remaining consultation fees earned by Member, to Member, during the normal consultation fee transfer schedule.
RECORDING OF SESSION
. The recording of a Webponder session through the use of any audio or visual advice is strictly prohibited without the previous express written consent of all parties involved. In the event that one of the parties wishes to record the session, that party should make the request directly to the other party prior to beginning the session, and receive approval from the other party prior to beginning the session. Any violation of this paragraph shall subject the offending party to an immediate membership cancellation and permanent ban from Webponder, in addition to civil or criminal penalties in accordance with violating any applicable state or federal laws.
PAYMENT FOR VIDEO CONSULTATION SESSION
. Member will be prompted to pay for the consultation upon requesting the consultation session from the Expert. Once the Member enters his or her payment information, a hold will be placed on the Member’s credit card until the Expert takes an action on the consultation request. An action on the consultation request is either “Accept,” “Suggest New Time,” or “Deny.” If the Expert does not take an action on the consultation request within seventy-two (72) hours, the hold will be released from the Member’s credit card. If the Expert elects to “Accept” the consultation request, the Member’s credit card will be charged the full amount of the consultation at that time.
To cancel your consultation and receive a full refund of your consultation fee, you must cancel your consultation, through the Meeting Requests section of your Calendar, at least forty-eight (48) hours prior to the scheduled start time of the consultation. If you do not attend your consultation, you will be charged twenty-five percent (25%) of the total consultation fee, and you will be refunded (75%) of your consultation fee. If your Expert fails to attend the consultation, you will be refunded the entire consultation fee.
EXPERTS RECEIVING PAYMENT FROM WEBPONDER FOR CONSULTATIONS
. On the 15th day of each month, Webponder will send each Expert who performed at least one consultation that was paid for by a Member, one check for all of the video consultations performed for the previous calendar month. Please be advised that Webponder deducts five percent (5%) from each individual transaction as outlined in Paragraph 19 – Consultation Transaction Fee, of these Terms and Conditions.
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Terms & Conditions
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