By
visiting this Web site and/or using or purchasing goods
and/or services from or through this Web site, over the
phone, or in person, you agree to
be subject to the terms and conditions set forth herein and
all applicable laws. We reserve the right to revise these
terms and conditions and any product offerings or pricing at
any time.
This offer is expressly conditioned upon your acceptance
of these Terms of Service ("Terms"). Your use of or access
to services provided by ExpertApproach.com constitutes your
Agreement to these Terms.
This offer and your acceptance thereof represents the entire
agreement between you and Expert Approach, Inc., and
supersedes any and all other communications, prior,
contemporaneous or subsequent, and any course of performance
or course of dealing, except as modified by revisions of
this posting by Expert Approach, Inc. or by written
agreement by an authorized officer of Expert Approach, Inc.
(provided, however, that any such revised posting shall take
effect prospectively from the date of the posting.) The
Terms and the relationship between you and Expert Approach,
Inc. shall be governed by and interpreted in accordance with
the laws of the Commonwealth of Virginia, United States
of America, without reference to its principles of conflicts
of law. Expert Approach, Inc. reserves the right to send
notices to its customers of changes to the Expert Approach,
Inc. Privacy Statement or these Terms of Service, or of any
material changes affecting their service.
It is your responsibility to keep Expert Approach, Inc.
notified of any changes to your e-mail address or other
contact information to assure that customers receive all
such notices from Expert Approach, Inc.. Billing and contact
information can be updated by contacting Expert
Approach, Inc. at
LD@ExpertApproach.com.
Customers are responsible for keeping
billing information up to date. Expert Approach, Inc.
reserves the right to suspend an account if, for any reason,
we are not able to process payment through the credit card
or payment is outstanding.
If a check received by us for payment is returned for any
reason, Expert Approach, Inc. reserves the right to suspend
or cancel service until the payment plus a $35.00 returned
check fee, has been received by us. Expert Approach, Inc.
reserves the right to accept only US Postal money orders as
payment if any check is returned for any reason. We may also
require that you pay by credit card for future payments.
Refund and Cancellation Policy
Unless specifically noted otherwise for the service
that you signed up for, you are free to cancel your service
at any time.
If you purchase a service that includes a 30-day trial,
you are allowed to make full use of the service after
signup. If you decide to cancel such service for any reason,
you must send an e-mail within 30 days of your signup date
to LD@ExpertApproach.com and we will reply to your email
with a form in order to verify your identity; once we
receive the completed form, we will cancel the service
within one business day and you will not be charged any
setup or recurring fees. However, if you do not cancel
during this 30-day trial period, then you will be obligated
to pay all fees that you have incurred from the signup date
until your cancellation date.
If you purchase a service that includes a 30-day
money-back guarantee, Expert Approach, Inc. will refund all
monthly fees previously paid by you upon your request. The
30-day money-back guarantee refers to credit-card payments
only. Due to the costs associated with processing payments
made by check and Western Union, we are not able to offer
the 30-day money-back guarantee for customers who utilize
these payment methods.
We will allow returns of products within 10
days of delivery. You must contact us for an RMA prior to
returning your merchandise. Refusal of delivery is also
acceptable.
Set-up fees, fees for products not included in your
service - such as domain names - and monthly charges
incurred after the first 30 days are not refundable.
If you select the quarterly or annual payment option and
choose to cancel your account, after the first 30 days you
may be eligible for a partial refund. Expert Approach, Inc.
will charge you the current monthly rate for the months you
were a customer and refund any balance. Your refund will
generally be made in the same form of payment you choose to
use when paying for your service (e.g., credit card, check
or Western Union).
The terms and conditions, Terms of Service, product
offerings and pricing are subject to change at any time,
without notice
User Data
Pursuant to Expert Approach, Inc.'s Privacy Statement,
Expert Approach, Inc. may disclose to third parties certain
aggregate information contained in your Registration Data or
related data, provided that, such information will NOT
include personally identifying information, except as
specifically authorized by you or in the good faith belief
that such action is reasonably necessary to comply with the
law, legal process, to enforce the Terms, or under any of
the other circumstances set forth in the Expert Approach,
Inc. privacy policy, as may be amended from time to time.
Service and Content
Expert Approach, Inc. services may only be used for
lawful purposes. Transmission or solicitation of any
material that violates United States Federal, State or other
laws that may apply in this jurisdiction or your local area
is prohibited. This may include material that is obscene,
threatening, harassing, or libelous, promotes gambling, or
is in any way a violation of intellectual property laws. No
material may be stored on or transmitted through any servers
hosted by Expert Approach, Inc. that would commonly be
considered "indecent" or "appealing to the prurient
interest" also commonly referred to as "adult" material, nor
will any links to such Web sites be tolerated within the
content hosted by Expert Approach, Inc..
Reseller Program
Resellers who sign up clients to become customers
of Expert Approach, Inc. are subject to the following
additional terms: By signing up a customer to Expert
Approach, Inc., the Reseller agrees both on behalf of such
reseller and on behalf of each customer signed up by such
reseller, to Expert Approach, Inc. Terms of Service as in
effect from time to time. In the event any customer site is
determined by Expert Approach, Inc. to be in violation of
these Terms of Service, Reseller shall upon receipt of
notice from Expert Approach, Inc. to such effect, take
prompt steps to remedy such situation, so that the site is
in full compliance with these terms of Service as determined
by Expert Approach, Inc..
Expert Approach, Inc. is not responsible for the actions,
or misrepresentations of resellers. Reseller hereby agrees
to indemnify Expert Approach, Inc. from and against any and
all claims made by any such customer which result from
Reseller's misrepresentation, breach of these Terms of
Service or other improper actions of such reseller. Expert
Approach, Inc. reserves the right to revise its reseller
program and these Terms of Service at any time. Changes
shall take effect when posted to this site by Expert
Approach, Inc..
Customers who have been signed up by such resellers
hereby agree to operate their web sites in accordance with
these Terms of Service as in effect from time to time.
Reseller assumes all responsibility for the billing and
technical support for each customer signed up by such
reseller. Expert Approach, Inc. reserves the right to refuse
any inquiry made to technical support by each customer
signed up by any reseller.
Spam Policy
Due to strict SPAM prevention policies implemented
by 3rd party e-mail systems (such as AOL and Hotmail) and
our mission to provide reliable e-mail service to our
customers, we have a strict policy of zero-tolerance towards
any e-mails sent out by a customer that may jeopardize our
ability to deliver other customers e-mails to 3rd party mail
systems.
Our e-mail hosting service is not designed for sending out
large quantities of e-mail marketing messages. There are 3rd
party companies that exclusively focus on delivering
marketing e-mails, such as
http://www.ConstantContact.com ,
http://www.JangoMail.com , and
http://www.topica.com. Please note that we do not
recommend any of these companies; rather they are listed
just as examples.
The sending or facilitation of the sending of bulk e-mail of
any kind, other than verifiable, Double Opt-in email is
strictly prohibited. Additionally, such Double Opt-in e-mail
must be limited to a total of 200 e-mails per calendar month
across all users in your account. If you need to send out a
larger quantity of e-mails, then you must use a third-party
e-mail marketing service such as one listed above. Double
Opt-in means that when the user enters their email address
on your website, they are sent an email CONFIRMING the
opt-in, requiring them to click a LINK to verify that they
opted in for your mailing. You may not mail to that email
address unless they have confirmed the opt-in. At any time,
upon Expert Approach, Inc.'s sole discretion, you may be
required to provide documented proof that all of your
end-users have CONFIRMED an opt-in. This can be done by
storing the IP address, a date-timestamp, and a unique ID
for the confirmation. At its sole discretion, Expert
Approach, Inc. will determine from all of the evidence
whether the email recipients were from an "Double Opt-in"
email list and take appropriate action.
Sending unsolicited commercial or bulk e-mail or any
other method of distributing electronic messages to
recipients who have not requested them, otherwise known as
"spam" from our servers, or sending such e-mail with a
Expert Approach, Inc.-hosted Web site listed as the contact
address, or any use of Expert Approach, Inc.'s services or
systems associated in any way with such mailings is strictly
forbidden. Expert Approach, Inc. will immediately terminate,
without any warning, the account of any customer who
conducts these activities. Expert Approach, Inc. also
reserves the right to remove customers who send mass/spam
news postings, as well as any accounts advertising or
distributing software or services that may contribute to
news or e-mail spamming. Expert Approach, Inc. reserves the
right to report such violations to the proper government
authorities, as well as Internet service providers, and
Internet control organizations. To report spam, please
forward the spam with all original headers to
LD@ExpertApproach.com.
Credit Cards & Payments
It is a violation of these Terms for you to misuse or
fraudulently use credit cards, charge cards, electronic
funds transfers, and/or electronic checks. By purchasing
products or services from Expert Approach, Inc., you are
acknowledging that you are authorized to use such payment
devices and accept full responsibility for the purchase. A determination
of such misuse or fraudulent use shall be in Expert
Approach, Inc.'s sole discretion. Further, Expert Approach,
Inc. shall report, and you shall waive all rights to
privacy, to the extent permitted by law, all such misuses
and fraudulent uses as determined by Expert Approach, Inc.
in its sole discretion to appropriate government
authorities, credit reporting services, financial
institutions and credit card companies.
Network Attacks
It is a violation of these Terms for you to attempt to
breach or to breach the security or firewall systems of
Expert Approach, Inc., its Internet access provider, or its
Affiliates. If you become aware of such an attempt to breach
or actual breach, please notify us at LD@ExpertApproach.com.
Complaints may be investigated by Expert Approach, Inc. but
Expert Approach, Inc. is under no obligation to act or not
act with regards to any complaint. Any action taken on a
complaint will be at the sole discretion of Expert Approach,
Inc.. Notice of attempts to breach or actual breaches of
such security or firewall systems should be directed to:
LD@ExpertApproach.com. oach, Inc. may terminate this agreement
and your access to any or all Services at any time, with or
without cause, effective immediately. Expert Approach, Inc.
shall have no responsibility to notify any third-party
providers of services, merchandise, or information, nor any
responsibility for any consequences resulting from such
discontinuance or lack of notification. Anyone determined by
Expert Approach, Inc. to have violated these Terms of
Service may be barred from receiving any services from
Expert Approach, Inc..
You may terminate this Agreement at any time by way of the
follow process: send an email to LD@ExpertApproach.com to
request a cancellation. Once we receive
your cancellation request, we will cancel all
Services and such date will be considered the date of
termination.
Termination, by us or you, does not release you of any
past or current fees owed for Services rendered through the
date of termination.
LIABILITY LIMITATION
YOU AGREE THAT ALL ACCESS AND USE OF Expert
Approach, Inc. AND THE CONTENT THEREOF IS AT YOUR OWN RISK.
IN NO EVENT SHALL Expert Approach, Inc. BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS,
USE OR INABILITY TO ACCESS OR USE (i) EXPERTAPPROACH.COM
AND/OR ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON
EXPERTAPPROACH.COM , (iii) ANY CUSTOMER CONTENT ON EXPET
APPROACH'S SERVERS, OR OUT OF ANY ERRORS OR OMISSIONS IN THE
CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR
CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO
WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY
YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING EXPERT
APPROACH, INC.
WARRANTY LIMITATION
EXPERT APPROACH, INC. AND ITS CONTENT ARE PROVIDED
"AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS
AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT
PERMITTED BY LAW. ALL CUSTOMERS ACKNOWLEDGE THAT ANY
WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT
AND/OR SERVICE AVAILABLE THROUGH EXPERT APPROACH, INC. IS
PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF
THAT PRODUCT AND/OR SERVICE, AND NOT BY EXPERT APPROACH,
INC.
Severability
If any provision of these Terms should, for any reason, be
held invalid or unenforceable in any respect, the remainder
of these Terms shall be enforced to the full extent
permitted by law. A court of competent jurisdiction is
hereby empowered to modify the invalid or unenforceable
provision to make it valid and enforceable.
Waiver Of Jury Trial
Both you and Expert Approach, Inc. hereby agree to
waive all respective rights to a jury trial of any claim or
cause of action related to or arising out of these Terms.
The scope of the waiver is intended to be all encompassing
of any and all disputes that may be filed in any court and
that relate to the subject matter herein, including without
limitation, contract claims, tort claims, breach of duty
claims, and all other common law and statutory claims. You
and Expert Approach, Inc. each acknowledge that the waiver
is a material inducement for each party to enter into a
business relationship, that each party has already relied on
the waiver in entering into these Terms and that each will
continue to rely on the waiver in their related future
dealings. Each party further warrants and represents that
each has had the opportunity to have legal counsel review
the waiver. The waiver is irrevocable, meaning that it may
not be modified either orally or in writing, and the waiver
shall apply to any subsequent amendments, renewals,
supplements or modifications to these Terms. In the event of
litigation, these Terms may be filed as written consent to a
trial by court.
Miscellaneous
These Terms shall bind and benefit the successors and
heirs of the parties.
By visiting this Web site and/or using or purchasing
goods and/or services from or through this Web site or over
the phone, you
consent to the federal and state court of the Commonwealth
of Virginia having jurisdiction over you.
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