<h1>Terms and Conditions</h1>
This website https://hostedexperts.com is operated by Hosted Experts Inc. Throughout the site, the terms “we”, “us” and “our” refer to HostedExperts Inc. Hosted Experts Inc. offers this website, including all information, tools, Services / Paid Services available from this site to You, the user / client, conditioned upon Your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, creating an account, and / or purchasing something from us, you engage in our “Service” / “Paid Services” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and / or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site (or by using any of the services offered on this site), you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new services, features, or tools which are added to the current store / website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per entity, per group, or per order. These restrictions may include (but are not limited to) orders placed by or under the same customer account, the same credit card, and / or orders that use the same billing and / or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and / or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, automated means or fraudulently.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store / website. You agree to promptly update your account and other information, including your current phone #, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You are solely responsible and liable for any activity that occurs under your account and are responsible for maintaining the security of your account and the products and services purchased / utilized with us. You are responsible for keeping your account information up-to-date and for keeping your password secure.
SECTION 7 – SUBSCRIPTIONS, FEES, PAYMENT, AUTOMATIC RENEWALS, CANCELLATIONS, FEE CHANGES, NO SHOW POLICY, REFUNDS AND DOMAINS
7A – SUBSCRIPTIONS
Among our offerings, HostedExperts Inc. may offer monthly, annual, biannual, triannual, and / or lifetime subscription options. For the purposes of those subscriptions, a month constitutes 30 calendar days, a year constitutes 365 calendar days, a biannual subscription is for 2 years, a triannual subscription is for 3 years, and a lifetime subscription constitutes access to the Services available at the time of purchase for as long as those Services remain available. You may not transfer, sell, gift or assign in any way our subscriptions (including lifetime subscriptions) to any other person, entity or additional / changed entity. Hosted Experts Inc. makes no warranties or representations as to the expected lifetime of the Services, and in purchasing a lifetime subscription, you acknowledge and agree that the Services could change or terminate in the future.
Free Trials may be offered in order to allow perspective new clients to use and experience our Services firsthand before making a final purchase decision. Free trials are limited to 1 per person / entity. After a free trial ends, another free trial may not be ordered or utilized by the same person or entity.
Any abuse of our Free Trials may result in the individual or entity being banned from ordering / utilizing any of our services.
Free Trials require a valid credit card to proceed and may be cancelled within the trial period with no cost.
7B – FEES
Unless stated otherwise, all services offered by HostedExperts Inc. are Paid Services. By using a Paid Service, you agree to pay the specified fees at the specified time. Depending on the Paid Service subscription, there may be one-time fees, recurring fees, or revenue based fees. One time fees are due at the time the product or service is purchased. For recurring fees, we’ll bill or charge you for these products or services in regular automatically-renewing intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel or your order / subscription is terminated by us. For revenue-based fees — such as fees for Recurring Payments for your Service subscriptions — you pay us a percentage of the revenue your website / Service generates. Revenue based fees are ongoing.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
7C – PAYMENT
If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may immediately revoke your access to our Services in general.
In the case fees for Paid Services are declined or reversed by You, any costs incurred by us as a result will be passed along to you with an additional charge of $35. These charges will be due immediately.
A late payment fee of 5% or $10 (whichever is larger) may be added to each due payment which is four (4) or more days overdue.
In the event that any amount due remains unpaid seven (7) days after it is due we may in our sole discretion immediately terminate this agreement, and suspend or terminate Paid Services.
There will be a $25 fee to reinstate accounts which have been suspended or terminated.
Please note that we have no obligation to keep files, data or any other backups for terminated services so it is strongly recommended that you keep regular personal backups of all data within our system.
7D – AUTOMATIC RENEWALS
To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes if applicable). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase an annual subscription plan, you will be charged each year for the upcoming 12-month period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to frequently review your email (including any spam or other filters) in order to receive any reminder emails we send to you in advance of your Service renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed.
7E – CANCELLATIONS
Recurring subscriptions may be cancelled at any time from within your account or by contacting our Client Success Team. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the payment method you provided. All renewal fees are due after they are generated. If a valid payment option is not on file and we are unable to complete payment, a valid payment option must be provided so that payment can be successfully completed.
We reserve the right to cancel any account, subscription, Paid Services at any time and without prior notice at our sole discretion:
– If in our judgement You are in violation of any of our terms or conditions
– We determine that Your use of our Services places or is likely to place unreasonable demands upon our Services or could disrupt our business operations
Cancellations whether by you or us become effective immediately.
7F – FEE CHANGES
We reserve the right to change our fees or add new fees (including for previously free services) at any time and without prior notice. You may cancel your Paid Service if you wish to avoid paying the new / modified fee. Active Lifetime Subscriptions (a subscription you already own) are not subject to fee changes.
7G – NO SHOW POLICY
We have a “No Show Policy” for some Paid Services (for example, for our Coaching and other types of similar services), which means that if you fail to show up or are late for a scheduled session, you may forfeit the fee for the service and may be required to purchase a new session / service in order to receive the service.
7H – REFUNDS
While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law. Refunds are not issued for accounts cancelled as a result of violation(s) of our terms or other policies nor for incomplete subscription terms.
7I – DOMAINS
We may act as a domain registrar and also work with third party registrars in order to provide domain name services. When you register a domain name with us or transfer an existing domain name to our services, the policies of the respective registry apply, and you become bound by the relevant registrar’s terms and conditions in addition to these Terms. We may utilize the domain registration services of https://opensrs.com or other domain name registrars in order to register or transfer your domain to our services.
Your use of your domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). You can read about your rights and responsibilities as a domain name registrant under ICANN’s Registrar Accreditation Agreement.
When you register a domain name, you’re required to provide complete and accurate registration information. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact and is available in public records related to your domain name. This information can be updated at any time.
If the domain name registration information you’ve provided differs from the https://hostedexperts.com account holder’s information, we consider the administrative contact in the domain’s WHOIS records (the contact information provided on https://hostedexperts.com as part of the domain registration process) to be the owner of the domain, with full authority to manage the domain.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools as a convenience to help you accomplish various tasks.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. You also acknowledge and agree that tools may be modified or become unavailable in the future with no prior notice and we are not obligated to provide you with a substitute tool with the same or similar functionality. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and / or features through the website (including, the release of new tools and resources). Such new features and / or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Services may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – ACCEPTED USE POLICY
HostedExperts Inc.'s Accepted Use Policy (“AUP”), which is incorporated here, is applicable to all Services. You should use all Services for lawful purposes only.
You agree to maintain Your website in full compliance with the terms and conditions set forth by our ACCEPTED USE POLICY. By using any of our Services, You agree:
– to use our Services for lawful purposes only.
– not to solicit others to perform or participate in any unlawful acts.
– not to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
– not to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others.
– not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming, Mail Bombing, or involving phishing, pharm, pretext, spidering, crawling, or scraping.
– not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
– not to make, attempt or allow any unauthorized access to HostedExperts Inc.’s website(s), server(s), or any other website or service associated with our services.
– not to allow any remote code execution of malicious software through your hosting or other account provided by HostedExperts Inc..
– not to cause denial of service attacks, port scans or other endangering and invasive procedures against HostedExperts Inc. servers and facilities or the servers and facilities of other network hosts or Internet users.
– not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
– not to use HostedExperts Inc. services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnic, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
– not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites / archives / programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
– not to engage in or to instigate actions that cause harm to HostedExperts Inc., our customers / users or others. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc. HostedExperts Inc. reserves the right to refuse service to anyone at our sole discretion. Any material that in HostedExperts Inc.’s judgment, is either obscene or threatening is strictly prohibited and will be removed from HostedExperts Inc. servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the accepted use policy described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Accepted Use Policy is found, HostedExperts Inc. will take corrective action upon our own discretion and will notify You of our decision using the contact information in your account with us. HostedExperts Inc.'s decision in such case is binding and final, and cannot be a subject of a further change. HostedExperts Inc. cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to HostedExperts Inc. or any other third party. We have the right to terminate each and any account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the account will be permanently deleted upon termination and no refund will be due. HostedExperts Inc. will not be liable for any loss or damages in such cases.
– not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
– not to sign up for more than 1 free or trial service subscription.
At its discretion, HostedExperts Inc. can remove any content / account / subscription we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
SECTION 14 – STORAGE AND SECURITY
Where applicable based on Service subscription, You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server / website content; (ii) maintain independent archival and backup copies of Your server / website / account content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on HostedExperts Inc. servers; and (iv) ensure the confidentiality of Your password. HostedExperts Inc. services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and HostedExperts Inc. shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by HostedExperts Inc. are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. HostedExperts Inc. shall have no liability to You or any other person or entity for Your use of HostedExperts Inc. products and / or services in violation of these terms.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate, reliable or suitable for your use.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall HostedExperts Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless HostedExperts Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either You or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, cancel your account, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – CLAIMS
You agree that any cause of action arising out of or related to the service must commence within 1 year after the cause of action accrues. Otherwise, that cause of action is permanently barred.
You also agree and affirm that should you seek money back, compensatory damages, monetary or any other type of compensation from HostedExperts Inc. for any reason, the amount of the compensation sought (including lawyers fees and any other fees) may not exceed the remaining balance of the active Paid Service(s) (that the action is related to) with HostedExperts Inc.. The “remaining balance” refers to the monetary balance of the Paid Service which is unused at the time a legal filing has been made / initiated.
SECTION 21 – CONSENT TO ELECTRONIC COMMUNICATIONS
By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service and other products, features or offerings. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
SECTION 22 – ASSIGNMENT
These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by HostedExperts Inc. without restriction. Any assignment attempted in violation of these Terms is void.
SECTION 23 – NO AGENCY RELATIONSHIP
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
24. ASSIGNMENT AND RESALE
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without HostedExperts Inc.'s prior express written consent.
25. FORCE MAJEURE
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: pandemics, public health emergencies, local or national emergencies, earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over HostedExperts Inc., or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, HostedExperts Inc. may immediately terminate this Agreement.
SECTION 26 – DISPUTE RESOLUTION
Generally. The Parties will attempt in good faith to resolve all Disputes arising out of or relating to the Services and/or the Terms of Service. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, (i) neither Party will bring a Dispute arising out of or related to the Services and/or the Terms of Services more than 1 year after the cause of action arose, and (ii) after such time limit, any such legal action and all respective rights related to any such action immediately lapse.
SECTION 27 – MANDATORY ARBITRATION DISCLOSURE AND PROCEDURES
ALL COVERED USERS SHALL BE REQUIRED TO BRING ANY DISPUTE AGAINST HostedExperts Inc. IN ACCORDANCE TO THE DISPUTE RESOLUTION PROVISIONS OF THIS TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION, THE ARBITRATION PROCEDURES AS FOLLOWS:
27A – All Disputes arising from or related to the Services and / or the Terms of Service shall be governed by the laws of Miami, Florida, United States of America.
27B – The Parties will attempt in good faith to settle any Dispute within thirty (30) calendar days after the Dispute arises. If the Dispute is not resolved within thirty (30) calendar days and both parties don't immediately agree to a 14 extension to resolve the issue, such Dispute shall be resolved by arbitration (each an “Arbitration Proceeding”) by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Terms of Service (“Arbitration Rules”).
27C – Each Arbitration Proceeding shall be conducted (i) by a mutually selected arbitrator, (ii) in the English language, and in (iii) Miami, Florida, United States of America. Each Arbitration Proceeding shall be deemed Confidential Information, including without limitation, (i) the existence of, (ii) any Data disclosed during, and (iii) any communications or documents related to, the Arbitration Proceeding.
27D – The Parties shall pay all fees and expenses arising from each Arbitration Proceeding in accordance with the Arbitration Rules (collectively “Arbitration Costs”). The arbitrator in each Arbitration Proceeding shall determine the non-prevailing party’s obligation to reimburse the amount paid by the prevailing party for the Arbitration Costs, provided that each Party shall be responsible for such Party’s own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
27E – Either Party may apply or domesticate to any court of competent jurisdiction located in Miami, Florida, United States of America, for injunctive relief necessary to protect a Party’s rights pending resolution of the applicable Arbitration Proceeding.
27F – The arbitral award will be final and binding on the Parties and its execution may be presented in any competent court, including any court with jurisdiction over either Party or any of such Party’s property.
27G – CLASS ACTION WAIVER
ALL COVERED USERS SHALL BE REQUIRED TO BRING ANY DISPUTE AGAINST HostedExperts Inc. IN EACH SUCH COVERED USER’S INDIVIDUAL CAPACITY AND SHALL NOT BRING ANY DISPUTE AGAINST HostedExperts Inc. AS A MEMBER OF ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (COLLECTIVELY “CLASS ACTION”). ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL COVERED USERS EXPRESSLY AND IRREVOCABLY WAIVES ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM IN CONNECTION WITH ANY DISPUTE ARISING FROM THE TERMS OF SERVICE.
27H – JURY TRIAL WAIVER
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ALL COVERED USERS EXPRESSLY AND IRREVOCABLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY DISPUTE ARISING FROM THE TERMS OF SERVICE.
SECTION 28 – COPYRIGHT AND DMCA POLICY
We respect the rights of copyright and other rights holders. If you believe that content located on or associated with our website, product or Services violates your copyright, please contact us.
We attempt to respond to notices as appropriate and in a timely manner. Potential responses for notices may include but are not limited to removing infringing material, disabling external access to the content, removing users / customers deemed to be repeat / serious offenders from our system for violation of our terms etc.
SECTION 29 – INTELLECTUAL PROPERTY
The Agreement does not transfer from HostedExperts Inc. to you any HostedExperts Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with HostedExperts Inc.. HostedExperts Inc., https://hostedexperts.com, our logo, and all other trademarks, service marks, graphics, and logos used in connection with this website or our Services, are trademarks or registered trademarks of HostedExperts Inc. or our licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any HostedExperts Inc. or third party trademarks.
SECTION 30 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Miami, Florida, United States of America.
SECTION 31 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Services by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 32 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]