Terms of Use

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1. Acceptance of Terms

ExpertNegotiator LLC. ("ExpertNegotiator") provides this website (the "Site") and the associated services available thereon (the "Services") to you, subject to the following Terms of Use, which may be updated by ExpertNegotiator at any time upon posting to this Site. In addition, when using particular Services, you and ExpertNegotiator shall be subject to any posted policies, guidelines or rules applicable to such Services. All such policies, guidelines or rules are hereby incorporated by reference into these Terms of Use.

2. Services provided by ExpertNegotiator

ExpertNegotiator currently provides users with access to a variety of Services, which may include but is not limited to, various communications tools, email-based discussion groups, weblogs, forums, documents, news, press releases, peer publishing, industry articles, and knowledge banks. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Use. You are responsible for obtaining access to the Service and that access may include third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. License, Privacy and Site Access

Users under the age of thirteen (13) are prohibited from using the Services or the Site. Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and the Services (the "License").

The License will terminate immediately without notice from us, in our sole discretion, should you fail to comply with any term or provision of the Terms of Use. Upon such termination, you may not access, use, or view the Site.

If you are issued a password and account by ExpertNegotiator to access any Services available on the Site, you agree to abide by any additional terms and conditions presented upon registration. Further, you will be personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You further agree to a) immediately notify ExpertNegotiator of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ExpertNegotiator will not be liable for any loss or damage arising from your failure to comply with any of the foregoing requirements.

We reserve the right to investigate suspected violations of the Terms of Use. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, cancel posts, provide warnings to you, or suspend or terminate your access to our Site. We will determine what action will be taken in response to a violation at our sole discretion. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

Due to the nature of certain content on the Site, if you are under the age of eighteen (18) you may not access the Services without first seeking permission from your parents or a legal guardian.

4. Registration Policy

In order to use certain Services, you will be required to register with ExpertNegotiator. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ExpertNegotiator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ExpertNegotiator has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5. Privacy Statement

Use of the Services and this Site is subject to the ExpertNegotiator Privacy & Security Statement. The privacy and security statement may be found at: www.expertnegotiator.com/privacy-and-security-policy.

6. ExpertNegotiator Spam Policy

You are prohibited from using the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by ExpertNegotiator (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (f) messages advertising goods or services which are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient ("Spam"). Other types of Internet abuse which also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another users' ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' email addresses from the Site for purposes of sending unsolicited or unauthorized material, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.

In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.

Each user understands and agrees that any violations of ExpertNegotiator's Terms of Use or this Spam Policy may result in legal action against such user and the termination, without notice, of user's ID and/or anything associated with ExpertNegotiator, including, but not limited to, email accounts, posts, published Content and profiles. Nothing in this policy is intended to grant any right to transmit emails or messages to or through the Site. ExpertNegotiator does not waive any rights by the failure to enforce this policy in every instance in which it might apply.

7. Links to 3rd Party Sites

The Site and Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of ExpertNegotiator and ExpertNegotiator is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ExpertNegotiator is not responsible for any other form of transmission received from any Linked Site nor is ExpertNegotiator responsible if the Linked Site is not working appropriately. ExpertNegotiator is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ExpertNegotiator of the site or any association with its operators, or guarantee that the content contains accurate information. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Further, ExpertNegotiator is under no obligation to link to any site.

8. Submitted Content

In many cases, users are invited to submit content to the Site, which includes but is not limited to such items as documents, music, sound, photographs, video, topical questions or responses submitted through the forums, to ExpertNegotiator for publication, circulation, or distribution (collectively, the "Content"). ExpertNegotiator does not claim ownership of Content submitted, but by submitting such Content users grant ExpertNegotiator a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content. ExpertNegotiator reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of ExpertNegotiator.

Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Individuals submitting Content certify that their submissions contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. ExpertNegotiator assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that ExpertNegotiator is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, ExpertNegotiator will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.

If you believe that Content included on the Site is your proprietary work and has been copied in a way that constitutes an infringement of your copyrights in that work, please immediately notify ExpertNegotiator of any such copyright or other intellectual property rights infringement at Support@ExpertNegotiator.com, in the manner set forth below. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Use.

When reporting an infringement, please ensure you provide all of the following information: (i) a detailed description of the Content on the Site that you, in good faith, believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (A) the foregoing information is accurate, and (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner; and (C) your physical address, telephone number, and email address. ExpertNegotiator will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

9. Harvesting of User Information

You agree that you will not harvest or collect any information, including email addresses, for any users or subscribers of any Service for any purpose whatsoever.

10. Reproduction of Content

You agree not to reproduce duplicate, copy, sell, resell or exploit for any purposes, any portion of the Service, use of the Service, or access to the Service.

11. Disclaimer of Warranties/Limitation of Liability

EXPERTNEGOTIATOR AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. EXPERTNEGOTIATOR AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS, WHERE IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY EXPERTNEGOTIATOR AND ITS LICENSORS.

IT IS YOUR AND/OR YOUR ATTORNEY'S OBLIGATION TO ENSURE THAT YOUR USE OF THE SERVICE WILL NOT WAIVE ANY PRIVILEGE IN ATTORNEY/CLIENT PRIVILEGED INFORMATION OR ATTORNEY WORK PRODUCT CONTAINED IN ANY CUSTOMER DATA. EXPERTNEGOTIATOR SHALL NOT BE LIABLE FOR ANY LOSS OF PRIVILEGE OF CUSTOMER DATA RESULTING FROM YOUR USE OF THE SERVICE.

YOU USE IT AT YOUR OWN RISK, AND EXPERTNEGOTIATOR, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM YOUR USE OF THE SERVICES, CONTENT OR INFORMATION CONTAINED ON THE SITE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EXPERTNEGOTIATOR IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. Indemnification

You will indemnify and hold ExpertNegotiator, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from a breach of these Terms of Use or to your violation of these Terms of Use, including any content submitted to, uploaded to, or transmitted via ExpertNegotiator by you.

13. Breach

You hereby acknowledge that your breach of the Terms of Use may result in immediate and irreparable harm to us, for which there may be no adequate remedy at law, and that we shall be entitled to equitable relief to compel you to cease and desist all unauthorized use, evaluation and/or disclosure of information obtained through the Site. Your breach of the Terms of Use may also entitle us to bring an action against you for any and all other remedies available at law or in equity.

14. Jurisdiction

You agree that the Terms of Use, and the rights and obligations hereunder, shall be governed by, and construed in accordance with, the laws of the State of Arizona. You further agree that any legal action or proceeding between you and us arising out of or relating to the Terms of Use or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Phoenix, Arizona, and you hereby expressly and irrevocably consent to be bound by the personal jurisdiction and venue of such courts.

15. No waiver; Severability

A waiver of any breach of any provision of the Terms of Use shall not be deemed to be a waiver of any repetition of such breach or in any manner affect any other terms or conditions of the Terms of Use. In the event that any provision of the Terms of Use is held to be unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that is the closest to the intention underlying the unenforceable provision.

16. Assignability

We may assign our rights and delegate our duties under the Terms of Use either in whole or in part at any time, at our sole discretion, and without your consent. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under the Terms of Use to anyone else.

17. Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

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ExpertNegotiator LLC. All Rights Reserved

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