© Ask-a-peer, LLC, 2012.
Last updated August 10, 2012
- Scope of Service
This Website provides resources (the "Services") for users to find individuals with relevant career, educational, and professional expertise or experience ("Peers") and arrange video consultations with them ("Consultations"). The Website does not provide medical, investment or legal advice, and no attorney-client relationship is created between users of the Services and AAP or its licensors.
Peers have agreed to and are bound by the Non-Disclosure provision of the Terms and Conditions.
You agree not to disclose or attempt to use or personally benefit from any Confidential Information, you learn on Ask-a-peer's Website.
This obligation shall continue until such time as the Confidential Information has become publicly known through no action of your own. Confidential Information shall include: (i) the existence and description of any AAP consultation; (ii) information about actual or potential educational, professional, or career decisions of any AAP Client; (iii) any other confidential information of AAP or its Clients, and (iv) any intellectual property, including without limitation any trade secrets, know-how, or copyrighted information, of AAP or its Clients.
If you are compelled by court order or other governmental or legal body (or have notice that such an order is being sought) to divulge any Confidential Information, you agree to promptly and diligently notify AAP and cooperate fully with AAP in protecting such information to the extent possible under applicable law.
- Content Disclaimer
Some of the content on this Website, including without limitation, the text, scripts, software, images, videos, etc. ("Site Content") is created and developed by Peers and licensed to AAP for distribution over the internet ("Peer Content"). Peer Content includes, among other things, Peer biographical and employment information and any information supplied by Peers during Consultations. AAP cannot guarantee and makes no representations as to the quality or accuracy of Peer Content, all of which is offered "AS IS." AAP does not develop, endorse, and is not responsible for Peer Content. The use of a company or entity name in a Peer biographical or employment information should not be interpreted as an express or implied endorsement by such company or entity of AAP. Peers are not under the supervision of AAP and are not employees of AAP. Peers have agreed to be bound by the Terms and Conditions and have represented, among other things, that they will not disclose information that is subject to a confidentiality obligation or participate in the Peer Network in violation of any agreements or duties owed to employers or other third parties. AAP relies on the truthfulness and accuracy of these representations by Peers and does not necessarily independently verify the information, content, and/or representations provided by Peers.
- Intellectual Property Rights
Website Content and the trademarks, service marks and logos contained herein are owned by or licensed to AAP, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Website Content may not be copied, reproduced, transmitted, distributed, displayed, broadcast, sold, licensed, uploaded, or otherwise exploited without the prior written consent of AAP or the respective owners.
- Copyright Policy
AAP prohibits the posting of any information that infringes or violates intellectual property rights, including without limitation, the copyright rights, rights of privacy and publicity, and/or other rights, of any person or entity. If you believe that your intellectual property rights (or a right that you are responsible for enforcing) is infringed by any content on the Website, please write to AAP at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Website that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. U.S. law provides significant penalties for submitting such a statement falsely. AAP will process notices of alleged infringement that it receives and will take appropriate action as required by law. Persons who repeatedly submit infringing or unlawful material may under appropriate circumstances be prohibited from posting further submissions. AAP's contact for submission of notices under this Section regarding claimed copyright infringement is firstname.lastname@example.org.
- Disclaimer of Warranties
THE CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED WITH THE UNDERSTANDING THAT AAP IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AAP MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE WEBSITE CONTENT OR THAT THE FUNCTIONALITY ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL AAP OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF AAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
- To Report Concerns About Content On The Website
If you believe that any content on the Website is unlawful, deceptive, misleading, defamatory, threatening, subject to a confidentiality obligation, or constitutes material, non-public information, please notify AAP at email@example.com.
As a condition of your use of this Website, you agree to indemnify, defend and hold AAP, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Website; or (c) your violation of the rights of any third party.
- Third-Party Websites
- U.S. Export Controls
Software from this Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By accessing or using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, AAP AND ITS AFFILIATES (AND ITS EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE SERVICE (INCLUDING THE INABILITY TO USE THE SERVICE), ANY APPLICATION USING OUR SERVICE, OR ANY SERVICES OR GOODS PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AGGREGATE LIABILITY OF US OR OUR AFFILIATES (AND OUR AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, AGENTS AND REPRESENTATIVES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. In no event will AAP be liable to you for any failure or delay by AAP (or our employees, agents, or representatives) in performing obligations under the Terms, regardless of whether the failure or delay is caused by an event or condition beyond AAP's control.
- Prohibited Activities
AAP reserves the right to investigate users activities and ban them and/or their IP address if they misuse the Service, or behave in a way which could be regarded as inappropriate or their conduct is unlawful or illegal. The following is a partial list of the type of actions that users may not engage in with respect to the Service:
- Users may not impersonate any person or entity.
- Users may not "stalk" or otherwise harass any person.
- Users may not express or imply that any statements the user makes are endorsed by AAP without our specific prior written consent.
- Users may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- Users may not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the Website.
- Users may not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Users may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
- Uses may not "frame" or "mirror" any part of the Service or the Website, without AAP's prior written authorization.
- Users may not use meta tags or code or other devices containing any reference to AAP or the Service or the site in order to direct any person to any other website for any purpose.
- Users may not adapt, modify, sublicense, translate, sell, reverse engineer, decompile, decipher, or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
- No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms or Terms and Conditions, there shall be no third party beneficiaries to the Terms or Terms and Conditions.
We have no control over the quality, fitness, safety, reliability, legality, or any other aspect of Consultations. We do not issue refunds if a Consultation turns out to not meet your expectations. We have no obligation, and cannot guarantee that, we will resolve any disputes related to any transaction to your satisfaction.
- Governing Law; Jurisdiction
These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York, County of New York with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.