AnswerGem -Expert Agreement

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ANSWERGEM EXPERT TERMS OF AGREEMENT

Updated Feb 20, 2009.

Welcome to www.AnswerGem.com ("Web Site"), an online platform for answer services ("Services"). AnswerGem.com is owned and operated by AnswerGem, Inc. ("AnswerGem"). The specific features and functionality of the Web Site are to be determined solely by AnswerGem and are subject to change or termination without notice.

This expert agreement ("Agreement") sets and contains all of the terms and conditions between you, an expert in your field ("Expert") and AnswerGem. By clicking on the "Expert Agreement" checkbox and then the "Proceed" button to submit an Expert registration form, a binding agreement will be executed between you and AnswerGem. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement do not click on the "Expert Agreement" checkbox. In such case you will not be able to register as an Expert at AnswerGem.

You agree that by using this Service you are at least 18 years of age and you are legally able to enter into a contract.

By registering as an Expert and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of AnswerGem's Privacy Policy parts of which are also incorporated into this Agreement. When you register as an Expert you automatically become a Web Site User, and therefore you are also agreeing to the provisions of AnswerGem's Terms of Use (TOU) agreement.

In addition to signifying your acceptance of these terms, in order to use or continue to use the Services you may be required to, and you agree to provide information as requested by AnswerGem. In such an event, you consent to AnswerGem's disclosure of such information to third-parties in order to verify such information (if AnswerGem chooses to conduct such verification, which it is not obligated to do) or in order to comply with federal, state or local laws or regulations.

Definitions of Service
Capitalized terms not defined in this Agreement will have the meanings set forth in the TOU. AnswerGem.com provides a platform where an Expert provides answers to questions posted by AnswerGem customers ("Customers"). AnswerGem makes no representation or warranty whatsoever as to the willingness or ability of Customers to accept an answer provided by the Expert. Therefore, Expert is encouraged to review the accepts history of those Customers to whom Expert provides or contemplates providing an answer to their question.

Disclaimer of Warranty, Limitation of Liability
The Expert acknowledges and agrees that AnswerGem.com is being provided for use as-is, and therefore Expert will not have any plea, claim or demand vis-a-vis AnswerGem in respect to AnswerGem.com's Customers, other Experts, properties, limitations or compatibility with the Expert's needs. The use of AnswerGem.com is accordingly being made at the Expert's sole and entire risk, without warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.

AnswerGem expressly disclaims all warranties for information posted or transmitted by its Customers and Experts. If an Expert decides to answer questions posted by Customers through the use of AnswerGem.com, Expert must exercise a reasonable standard of care, at least the same as Expert would in a similar transaction not conducted through the internet, or the standard of care mandated by his/her profession, whichever is higher. The Expert shall not have any plea, claim or demand against AnswerGem, its parent, subsidiary and affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents with respect to any answers Expert decides to provide in connection with the use of AnswerGem.com. AnswerGem will not be deemed the provider or recipient of any answers to questions by Customers provided through AnswerGem.com. The transaction of answers to Customers' questions is accordingly effected at the Expert's sole and entire risk.

Under no circumstances will AnswerGem, its parent, subsidiary and affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Expert 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 it arises, whether in action of contract, negligence or other tortious action, or arising from the providing of answers to Customers' questions, or any provision of this agreement. AnswerGem, its parent, subsidiary and 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, if any, paid to AnswerGem by Expert, through AnswerGem.com in the six month period prior to the date the claim arose.

Expert acknowledges and agrees that AnswerGem disclaims any liability with respect to any claim, suit or action brought by a Customer in connection with provision of any answers to Customer's questions by Expert (including, without limitation, representations by the Expert as to Expert's qualifications and advice provided by the Expert) through the AnswerGem service and Expert agrees to indemnify and hold AnswerGem harmless in connection with any such claim and any damages or expenses arising therefrom. AnswerGem will not be liable for enforcing any agreement, if any, that was made between an Expert and a Customer. Expert will be solely responsible for any agreement, if any, made with a Customer.

Expert further acknowledges that Expert will solely be responsible and liable for any damages to any Customer to whom Expert provides services and where that member suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through AnswerGem.com, Expert hereby releases AnswerGem and its parent, subsidiary and affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents 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 Expert may have against one or more of the above. AnswerGem shall provide you reasonable notice of such action, claim, or demand.

If you are a physician, mental health professional or other medical expert, you agree that:

The advice or information you provide to Customers is for informational purposes only and cannot be considered a substitute for a face-to-face physical examination of the Customer by a medical professional.
You will provide information and advice only about non-emergency matters. For emergency matters you will instruct the member to immediately call 911 or their local emergency assistance number.
You will not engage in the practice of medicine or enter into a physician/patient relationship with any Customer through AnswerGem.com.
You will not diagnose, treat, test, recommend a course of treatment, or otherwise provide or offer answers to questions that require an in-person physical examination of a Customer. In situations that require an in-person physical examination of Customer:
- You will not prescribe or dispense medicines;
- You will recommend that Customers seek the advice of a physician who can perform an in-person physical examination;
- You will advise Customers that your advice is not a substitute for the advice of a physician after physical examination and that your advice is for informational purposes only;

Additionally, by submitting the Expert registration form, you, the Expert, represent, warrant and agree to the following:

At all times you, the Expert, will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted by any form in AnswerGem, and will maintain and update all such information during the term of this Agreement to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not provide or offer answers or advice in any jurisdiction where you are not authorized or licensed or in good standing to do so.
You will not provide any legal, medical or financial advice or other advice or information which may only be lawfully rendered or provided by a licensed professional who has established a physician-patient relationship, psychiatrist-client, veterinarian-client, dentist-client, attorney-client, financial-adviser-client, tax-adviser-client, or other professional relationship. You will not provide any medical, legal or financial information unless you are a licensed professional in good standing in the relevant field of expertise and you abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
You will not offer or provide answers as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities.
You will not offer answers or advice or provide any product or services related to or claiming success with lottery numbers.
You will not misrepresent yourself or create a misleading username or profilename. You accurately describe and represent your background, skills, knowledge and your level of experience (including educational background, degrees, current business standing, etc). You will maintain and update such information so that it remains true, accurate and complete.
Unless otherwise expressly stated by AnswerGem through a recognition program or otherwise, you agree and acknowledge that nothing regarding your participation on the Web Site will be considered as an endorsement, referral or recommendation by AnswerGem or any other Expert of you, or the answers you provide, and you will not, either on the Web Site, or in any other forum, or by any other means, suggest such an endorsement.

Expert's Conduct
You, the Expert, will be solely and fully liable for all conduct, advice, postings and transmissions that are made under your username and password. You represent, warrant and declare that while you are using AnswerGem.com as an Expert, you will act according to the following rules:

Expert will be solely responsible for the answers provided to Customers;
As a platform where Expert can offer answers to questions, AnswerGem is not involved in any postings between Expert and Customers. AnswerGem does not control the accuracy of any postings on the Web Site or transmissions through it by Customers and Experts. In addition, AnswerGem cannot and will not make any effort to verify the identity of any of its Customers;
Expert agrees that any information or content that Expert posts or transmits through AnswerGem.com will not be considered Expert's confidential information, but rather this information, whether personal in nature or not, shall be owned by AnswerGem. Expert further agrees and consents to the Expert's information or content that Expert posts or transmits through AnswerGem.com, being captured in any format, controlled, processed and shared by AnswerGem with third parties as designated solely by AnswerGem;
Expert grants AnswerGem an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform, create derivative works, and communicate to the public or any third party any such information and content on a world-wide basis;
Expert will not attempt to provide or offer answers to questions that he/she is not qualified to provide, even if requested so by a Customer. Expert will not answer questions in fields that are not within Expert's fields of expertise;
Expert will not mislead Customers to believe that he/she can provide or offer answers to questions which is outside Expert's fields of expertise;

Expert agrees to abide by the following fee structure while utilizing AnswerGem.com;

The fee amount an Expert generates for accepted answers for a specific category is based on Expert's Level (e.g. Bronze, Silver, Gold, or Platinum) for that category with AnswerGem, as described herein and determined by AnswerGem in its sole discretion. Upon acceptance of one of Expert's answers by a Customer of the Web Site, AnswerGem will deposit the following amounts into Expert's AnswerGem account:

Expert's Level In A Specific Category (e.g. Health, Pets, etc.,)	Expert's Answer Accept Fee (as % of Amount Deposited By Customer For Answer)	Expert's Bonus (as % of Amount Provided By Customer As Bonus)
Bronze	27%	50%
Silver	32%	50%
Gold	37%	50%
Platinum	51%	75%

Determination of Expert's Level for a specific category is a function of Expert's accepts level (i.e. successful accepts by customers of answers provided by Expert, to questions by customers) in that category, and is under AnswerGem's sole discretion. See Expert Levels for more detail.
Once Expert has more than $20 of earned income (i.e. excluding funds deposited by Expert, if any) in his/her account Expert may request payment via the Web Site, and AnswerGem will transfer the money to Expert via PayPal on the first business day of the upcoming month. All payments to Experts will be made in U.S. dollars. Expert alone is responsible for reporting and paying any applicable tax or tariffs levied on him/her in connection with fees receivable or received due to Expert's participation in AnswerGem.com.

Exchange of contact information between Customers and Experts is strictly prohibited (or any other information which permits Customers and Experts to make contact other than via the AnswerGem platform), and constitutes a material breach of this Agreement. All communication between Expert and Customer must be carried out via AnswerGem's platform.
Expert will not take any actions which may undermine, disrupt or manipulate the integrity of the Customer feedback (rating) system on the Web Site. AnswerGem also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the member feedback system.
Expert will not interfere with or disrupt the AnswerGem.com site or servers or networks connected to the Web Site.
Expert will not attempt to gain unauthorized access to other computer systems or networks connected to the Web Site, and will not transmit "junk mail", or any unsolicited mass distribution of postings.
Expert will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
Expert will not disobey or breach this Agreement or any other applicable instructions conveyed by AnswerGem or its officers.
Expert will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
Expert will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) 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.
Expert will not impersonate any person or entity, or make any false statement regarding Expert's employment, agency or affiliation with any person or entity.
Expert will not stalk, threaten or harass Customers or other Experts or invade or attempt to invade their privacy.
Expert agrees to comply with all applicable laws regarding use of this Web Site. Expert may not use this Web Site to solicit the performance of any illegal activity or other activity which infringes the rights of AnswerGem or others. Expert agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any other person's use of the Web Site. Expert may not attempt to gain unauthorized access to any portion or feature of the Web Site by hacking, password or email "mining" or other illegitimate means.

Expert's Account
When you, the Expert, create and open an account with AnswerGem, you will be asked to provide a username and password. You are entirely responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You will be solely and fully liable and responsible for all activities and answers provided under your account, username and password. You may not use the account, username or password of someone else at any time. You will immediately notify AnswerGem of any unauthorized use of your password, username, e-mail, or any other breach of security. AnswerGem encourages Experts to change their password at least once a month. AnswerGem will not be liable for any loss that you incur 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 AnswerGem due to someone else's use of your account or password.

Without limiting any other remedies, AnswerGem may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Web Site or have engaged in activities in violation of the terms of this Expert Agreement, the TOU or related Agreements with AnswerGem. If we terminate or suspend your account because you inaccurately described your credentials, as determined by a third-party verification company, you may be responsible for the costs associated with that verification. AnswerGem also may suspend or terminate your account if we determine, in our sole judgment (which may be based in whole or in part on your accepts rate, customer feedback or other expert feedback), that you are not providing the quality of answers we determine, in our sole discretion, is useful on the Web Site. If AnswerGem suspends or terminates your account, you may not open a new account (under your name, a fictitious name or someone else's name). Any monies accumulated under such an account will not be paid out and will be the property of AnswerGem.

AnswerGem provides a venue where you may answer questions by Customers of the Web Site. The specific features of the Web Site are to be determined solely by AnswerGem and are subject to change or termination without notice. Expert has no rights in, and to the Web Site and Services, or in, and to any use, or continued use of such Web Site or Services. AnswerGem makes no representation or warranty of any kind as to the ability or willingness of Customers to pay for the answers provided by Expert. You agree that any information provided in answers on the Web Site will not be considered confidential and may be used by AnswerGem. As between you and AnswerGem, you will maintain whatever ownership interest you have in, and to the content and information you provide on the Web Site. You hereby grant to AnswerGem a fully-paid, worldwide, royalty-free, irrevocable license to use, reproduce, display, edit, copy, modify, transmit, publicly perform or create derivative works of such content and information.

AnswerGem may review the Expert's personal profile and amend any typing or spelling errors. Periodically, and on a random basis, AnswerGem may verify or examine the truthfulness or accuracy of the details in the Expert's personal profile, credentials, qualifications, or any of Expert's postings. AnswerGem may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Expert. Without derogating from the above, AnswerGem may remove any content violating this Agreement. The Expert will bear all the risks associated with the uploading and transmitting content utilizing AnswerGem.com, including reliance on its accuracy, reliability or legality.

Notwithstanding the foregoing, Expert authorizes AnswerGem to withhold, in its discretion, payments to Expert of certain amounts paid by Customers by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Customer or charged back by such Customer's credit card issuer, or, if AnswerGem reasonably believes that fraudulent activity may have occurred in connection with payment, until AnswerGem is able to verify that no such activity has occurred.

AnswerGem's billing system is not error-free, and AnswerGem shall not be liable for any problems, miscalculations or malfunctions in processing Expert Fees or other payments due to the Expert. If the Expert thinks that a mistake has occurred he/she must send his/her complaint via email to "accounting at answergem dot com" within 30 days of discovery of such mistake. If for any reason the Customer has not paid for the answer or has paid but has later charged back such payment, no Expert Fees will be paid to the Expert for that transaction and if the money has already been sent to the Expert, Expert is required to repay this amount to AnswerGem, and AnswerGem has the right to deduct this amount from the Expert's account or from the following payments to be made from AnswerGem to Expert.

Referral Program
AnswerGem offers a referral program, wherein a Customer or Expert (the "Referrer") may refer other Customers and/or Experts (the "Referee") to the AnswerGem service. In return, AnswerGem compensates the Referrer according to the following formula

(a) If the Referee is another Expert, then the Referrer receives 10% of the AnswerGem earnings of the Referee for one full year (excluding earnings from bonus payments, archived question view payments, and referral commissions), and
(b) If the Referee is another Customer, then the Referrer receives 10% of the AnswerGem spending of the Referee for one full year (excluding spending on bonus payments, archived question view payments).
A Referrer may not refer himself/herself as the Referee. Each referral is verified and validated by AnswerGem.

Non-Solicitation
You are prohibited from negotiating payment with a Customer either on or off the Web Site and you should not discuss with Customers or Experts how much you are paid. You are not permitted to post anything other than answers to questions or legitimate requests for information.

Temporary Hold on Accounts
In our sole discretion, we reserve the right to place a temporary hold on your account if we have reason to believe that the funds were earned under suspicious circumstances or that the funds were derived from a suspect Customer account.

We will continue to investigate the situation until we have adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make every commercially reasonable effort not to exceed sixty days hold on your account as we investigate.

In addition, we reserve the right to remove "earned" funds from your account to compensate for fraud, returns, disputed amounts, or any uncollected revenue. To the extent insufficient "earned" funds are in your account, you are required to reimburse AnswerGem in the full amount necessary to compensate for such fraud, returns, disputed amounts or uncollected revenue within fifteen (15) days of written request by AnswerGem

Privacy
Expert Information
Expert is required to furnish all information required for registration in AnswerGem.com. AnswerGem, Inc. is the sole owner of the information collected on this Web Site. AnswerGem will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement or the Security & Privacy Agreement. By consenting to this Agreement, you agree and acknowledge that AnswerGem may collect, process, and transfer any information, private or otherwise, so long as AnswerGem does so for the purpose for which it was collected.

In order to use AnswerGem.com, both Customers and Experts must first complete the registration form. During registration, the Expert is requested to furnish contact information, such as name and email address. This information is used to contact the Expert about the services on AnswerGem.com for which he/she has expressed interest, and is also used as Expert's login information. Expert is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a username, as well as a profile name for each category that expert wishes to provide his/her expertise), so that AnswerGem may provide a more personalized experience on the Web Site. In such case Expert may decide whether he/she wishes to provide such information or not.

The information furnished by the Expert during the registration process will be kept in AnswerGem's database. AnswerGem will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and AnswerGem will therefore not be liable for any direct, indirect, consequential or incidental damage that the Expert may sustain due to unauthorized intrusion to the database. Expert consents to AnswerGem collecting and processing Expert's personal information for normal business use by AnswerGem.

Site Content and Communication between Expert and Customer
The main purpose of AnswerGem is to provide a platform for registered Experts to provide answers to Customers' questions. Customer usernames in the context of a question and answer thread are made visible only to Experts, and other Customers or the general public will not be able to view them. Contact information (e.g. Name, Telephone, Address, Email, etc.,) of a Customer is entirely private and only that Customer can view them -- Experts, other Customers, or the general public cannot view them. However, all content exchanged between a Customer and an Expert via AnswerGem.com is completely non-confidential and is viewable by other Experts, other Customers and the general public in most cases. AnswerGem does not screen or edit the content of communications between Experts and Customers. However, AnswerGem may screen, copy, transmit and review all communications conducted by or through AnswerGem.com for technical support and/or in order to uphold the terms of this Agreement.

Cookies
AnswerGem makes use of cookies to store information. A cookie is a piece of data stored on the Expert's hard drive containing information about the Expert. For instance, by accepting a cookie from AnswerGem.com, Expert will not have to enter his/her signin information (his/her username or email and password) every time he/she logs into his/her account, thereby saving time while on AnswerGem.com. If the Expert rejects the cookie, he/she may still use AnswerGem.com. However, the Expert will simply have to signin each time he/she visits the Web Site. Cookies can also be used to enable AnswerGem to track and target the interests of Expert in order to enhance his/her experience on AnswerGem.com. If Expert shares a computer with others, Expert should either disable cookies or enable cookies but sign out of AnswerGem when Expert no longer uses the computer or when someone else is going to use that same computer.

AnswerGem Use of Data
AnswerGem uses IP addresses to analyze trends, administer the Web Site, track Expert's movements on the site, and gather broad demographic information for aggregate use. IP addresses are also linked to personally identifiable information in order to enhance the Expert's experience when using our site. AnswerGem may also retain any emails, letters, or other correspondence between Expert and AnswerGem to ensure quality control and the best possible service, although it has no obligation to do so.

AnswerGem may use the information furnished by the Expert, as well as information that it collects regarding use patterns and transactions that are conducted through AnswerGem.com, in order to improve AnswerGem.com, to analyze statistical information regarding AnswerGem.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Expert personally.

AnswerGem may from time to time send e-mail advertisements to Expert, whether the material is its own or is commercial information furnished by third parties. Expert is given the opportunity to 'opt-out' of having his/her information used for purposes not directly related to AnswerGem.com at the point where AnswerGem asks for such information. AnswerGem's registration form has an 'opt-out' mechanism to allow for removal from newsletters, promotions, etc., and Experts can always choose to 'opt-out' by following the appropriate mechanism from within Expert's AnswerGem account.

AnswerGem may use the details of transactions executed through AnswerGem.com for promotional and informational purposes and publish their details on AnswerGem.com, provided that such publication will not identify the Expert or Customer in any means other than their username or profile name.

If the Expert elects to use AnswerGem's referral service for informing a friend about the Web Site, AnswerGem asks the Expert for the friend's name and email address. AnswerGem will automatically send the friend a one-time email inviting them to visit the Web Site. AnswerGem stores this information for the sole purpose of sending this one-time email. The friend may contact AnswerGem to request the removal of this information from its database.

Currently AnswerGem does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. AnswerGem will use a credit card processing company to bill users for use of the AnswerGem service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.

AnswerGem reserves the right to partner with another party to provide specific services. When the Expert signs up for these services, AnswerGem will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.

AnswerGem may assign, transfer, rent, sell or lease its database, without giving the Expert any prior notice, to any other subsidiary of AnswerGem's holding company, AnswerGem's subsidiaries and, in case of merger or bankruptcy, to the surviving entity after such merger or bankruptcy or to any third party that will ratify AnswerGem's privacy policy. AnswerGem may divulge to a third party personally identifiable information and transaction details according to a judicial writ, demands of governmental authorities, and in any legal proceedings between AnswerGem and the Expert. In addition, AnswerGem may disclose personally identifiable information to the Customer or to public authorities to deal with emergency situations or situations where the Expert's safety may be in jeopardy.

AnswerGem may, in its discretion, create co-branded web sites with its partners. In such case, the Expert listings may appear in the co-branded site, but AnswerGem will not transfer any personally identifiable information about the Expert to the other web site without receiving the Experts' prior consent. The co-branded sites are maintained on AnswerGem servers. Unless Expert agrees otherwise all personally identifiable information is stored solely by AnswerGem. AnswerGem does record the partner web site from which a visitor has linked to AnswerGem. If a visitor registers to become a Customer and/or an Expert, AnswerGem may track the partner's name, in order to further the relationships AnswerGem has with its partners.

General
If an Expert wishes to update his/her personally identifiable information, such as a mailing address, or if an Expert no longer desires AnswerGem's service, AnswerGem will endeavor to provide a way to correct, update or opt-out of any of AnswerGem's services. This can usually be done from within the Expert's AnswerGem account, or by contacting our Customer Support at email "support at answergem dot com".

If the Expert has any questions about AnswerGem's privacy statement, the practices of AnswerGem.com, or your dealings with AnswerGem, please contact AnswerGem via the Contact Us page.

International Users
AnswerGem makes no claim that the content of the Web Site is appropriate or may be downloaded outside the United States. If you access the Web Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Links
AnswerGem.com may contain links to web sites operated by third parties. AnswerGem has no control over such sites and the information provided in them. Expert acknowledges and agrees that AnswerGem is not responsible for the availability of such third party web sites and will not be responsible or liable for any content, advertising, products, privacy policy or other materials contained therein. Expert warrants and agrees that AnswerGem will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on or through any third party web sites. AnswerGem encourages Expert to be aware when he/she leaves AnswerGem.com and to read the privacy statements of each and every web site that collects personally identifiable information.

Advertisements AnswerGem may include in AnswerGem.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Expert may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser. Expert acknowledges and agrees that AnswerGem is not liable for the privacy practices of advertisers or the content of their web sites, information, messages or offers. Expert is wholly liable for all communications with advertisers and for all transactions subsequently executed.

Modifications and Termination of AnswerGem.Com
AnswerGem reserves the right to modify or discontinue, temporarily or permanently, the services in AnswerGem.com, with or without notice to Expert. Expert agrees that AnswerGem shall not be liable to Expert or any third party for any modification or discontinuance to AnswerGem.com's services, or for any losses or damages that may result to Expert or his/her Customers from such discontinuation or interruption of service. AnswerGem's services depend upon different factors such as: software, hardware and communications networks of AnswerGem, its contractors and suppliers. Hence, AnswerGem cannot guarantee that AnswerGem.com will not be interrupted, or that it will be timely, secure or error-free. AnswerGem, in its sole discretion and for any reason, may terminate Expert's participation in AnswerGem.com and refuse any and all current or future use by Expert of AnswerGem.com.

Termination of Account By Expert
Expert may terminate his/her Agreement with AnswerGem at any time by sending a signed notice to AnswerGem via mail. The notice shall include Expert's contact info (name, address, telephone number, email address), Expert's account info (username, password), and reason for termination. E-mails will not be accepted. AnswerGem shall invalidate Expert's username and password within thirty (30) days of receiving such notice. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect. Notices may be sent to the following mailing address:

Attn: Account Termination
AnswerGem, Inc.
P.O. Box 4322
Mountain View, CA 94040

Intellectual Property

AnswerGem is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in AnswerGem.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.

Expert may not operate robots or spiders to scan AnswerGem.com's data base. Expert may use "deep linking" only to his/her personal web page within AnswerGem.com but not to any other part thereof. Expert may not view AnswerGem.com with a graphic user interface different from the one designed by AnswerGem.

AnswerGem.com contains copyrighted material, trade secrets and proprietary information owned by AnswerGem. This Agreement does not grant the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of AnswerGem.com. The Expert may not create derivative software based upon any trade secret, intellectual property or proprietary information of AnswerGem. Furthermore, the Expert may not sub-license, assign or transfer, sell or make any other commercial use of his/her membership in AnswerGem.com.

The Expert may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of AnswerGem's and AnswerGem.com, or take any other action which infringes or impairs AnswerGem's trademark rights.

AnswerGem shall retain all ownership in and to AnswerGem.com and all content displayed on the AnswerGem.com website including copies of data transferred or received by Expert on the site.

Copyright Policy
AnswerGem respects the intellectual property of others, and we ask our users to do the same. AnswerGem may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AnswerGem's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that you claim is infringing is located on the site, including the URL;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

AnswerGem's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:

By mail: Copyright Agent
AnswerGem, Inc.
P.O. Box 4322
Mountain View, CA 94040
By email: "legal at answergem.com"

Limited License
AnswerGem grants Expert a nonexclusive, revocable right to use the Web Site provided that Expert does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.

Indemnification
Expert will indemnify, defend and hold harmless AnswerGem, and its employees, representatives, agents, its parent, subsidiaries and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against AnswerGem or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Expert according to this Agreement; (b) Expert's provision of services to any third party, regardless of whether or not they are Customers of the AnswerGem service; or (c) any materials that Expert has posted to AnswerGem.com and/or any content on Expert's Web site or otherwise provided to Customers. Expert represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Expert, including, without limitation, professional liability insurance applicable to the legal, medical, accounting, tax and financial professions.

Notice
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.

No Assignment
Expert shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of AnswerGem. Any purported transfer, assignment or delegation by Expert without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to This Agreement
AnswerGem may change this Agreement by posting modifications on the Web Site. Unless otherwise specified by AnswerGem, all modifications shall be effective upon posting. Therefore, Expert is encouraged to check the terms of this Agreement frequently. By using the service or Web Site after the changes become effective, Expert agrees to be bound by such changes to the Agreement. If Expert does not agree to the changes, Expert may terminate access to the Web Site and participation in AnswerGem's services.

Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of California (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of Santa Clara County, California. Expert agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Web Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between AnswerGem and Expert with respect to the subject matter hereof, and Expert has not relied upon any promises or representations by AnswerGem with respect to the subject matter except as set forth herein. Experts are prohibited from providing services to Customers who live in a country which is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States. Such countries include, without limitation, Cuba, Iran, Libya, North Korea, Syria and Sudan. In the event of any conflict between this Agreement and the TOU, this Agreement shall take precedence.

No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

Violation
The Expert may report any violation of this Agreement via email to "legal at answergem dot com"