A. The Terms
1. Acceptance of Terms
By using the Site, you (i) agree to be bound by the Terms, (ii) represent that you are over the age of thirteen (13) and able to form legally binding contracts, (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged.
PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND jawabkum ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND jawabkum AND THE DISPUTE IS NOT RESOLVED INFORMALLY OR THROUGH MEDIATION, THE DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. YOU AND jawabkum ALSO AGREE THAT ANY CLAIMS OR DISPUTES CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW IF YOU DO NOT ACCEPT THE ARBITRATION PROVISION BELOW, YOU MAY NOT USE THE SITE.
The words "User," "you" and "your" refer to the individual or entity that creates a jawabkum account as a Customer and/or Expert. "jawabkum," "we," "us" and "our" refer to jawabkum. "Customer" refers to the person who asks a question on the Site. "Expert" refers to the person who answers a question on the Site.
3. Electronic Communications and Right to Modify Terms
When you visit jawabkum or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your jawabkum account profile, your current and active email address.
jawabkum may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that those changes that jawabkum, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User, either via email from an info@ jawabkum.com email address to the User's email address on file with jawabkum or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the jawabkum website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from jawabkum email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
4. jawabkum Is a Venue; Third-Party Content
The jawabkum Site is a venue for informational and educational purposes to allow Customers to ask questions and Experts to answer them. Users of the Site, not jawabkum, provide the content in Posts (defined below). The Experts determine which questions to answer; Experts are not employees or agents of jawabkum but are independent service providers using the Site to sell their Expert knowledge to Customers and, as such, together with Customers, simply Users of the Site.
jawabkum is not involved in the conversations between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You understand and acknowledge that jawabkum cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. jawabkum shall not be liable for any acts or omissions of Experts, content in Posts, or the ability of Experts to answer questions. We cannot ensure that an Expert will complete a transaction. Notwithstanding the foregoing, jawabkum reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User's access to the Site.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals. The Site is not the appropriate venue to deal with such situations.
5. Posts Are Not Private or Confidential; Anonymity
The Site is an Internet-based forum. Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site (collectively "Posts") is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on jawabkum.com that relate to the search may appear in the search results list). To help protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
6. Verification; No Reliance on the Term "Expert"
Every Expert on the Site has had at least one credential relevant to the category in which they are answering questions will be verified. Use of the term "Expert" by jawabkum and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of expertise of these Experts.
For these reasons, jawabkum cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Experts. You acknowledge that jawabkum will not be liable for any loss or damages caused by your reliance on any information or content contained in Posts.
7. Information Not Advice; No Client-Professional Relationship
Answers of Experts on the Site are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By answering questions, Experts do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.
No professional-client relationships shall be formed on the Site.
Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms.
C. User Accounts
8. User Accounts; Restricted Activities; Suspension or Termination of
User Accounts. When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify jawabkum of any unauthorized use of your password or account. You should only create one account on the Site. If your jawabkum account has been suspended or terminated, you may not open another account on the Site.
You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active jawabkum accounts.
Restricted Activities. You agree that any content you provide on the Site and your use of our Site or any Premium Services (whether such Premium Services are Informational or Beyond-Information Only, as defined below) initiated through the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (jawabkum has adopted Take Down Procedures for unauthorized use of copyrighted material); (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) have the aim of competing with jawabkum; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content ( Information on Parental Control Protections ). You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without jawabkum's prior written consent. We do not knowingly collect personal information from children under 13 years of age, and if we become aware that a child under the age of 13 has submitted personal information to us, we will promptly remove it from our systems.
You are prohibited from soliciting Users of this Site, including Experts, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with jawabkum or the Site, including, but not limited to, charging money to receive answers or to communicate with purported experts or specialists).
Suspension or Termination of Service. You may terminate your service and account at your sole discretion and at any time by written notice via e-mail to firstname.lastname@example.org. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms.
At any time, with or without notice, for any or no reason, jawabkum reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.
Terms and Conditions Specific to Mobile Applications. Once you have registered as a User on the Site, you may elect to download and use the jawabkum mobile application(s) (the “Apps”). By downloading and using one or more of the jawabkum App(s), you agree that in addition to this Agreement governing your use of the App(s), the following terms and conditions specifically applicable to your use of the App(s) (the “Mobile Terms”) also apply to you:
(a) You acknowledge that the Mobile Terms and the Agreement is between you and jawabkum, and not Apple (ad defined below at (i)) and you understand that jawabkum is solely responsible for the App and content thereof;
(b) Your rights to use the App are limited: you may use the App on any iPhone or iPod touch that you own or control as permitted by the usage rules set forth in Apple’s App Store Terms of Service, but you may not transfer your rights to use the App to any other person;
(c) jawabkum (and not Apple) is solely responsible for providing any maintenance and support services with respect to the App(s) as may be required under applicable law and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App(s);
(d) Apple is not responsible for any product warranties (if any) that may be applicable to the App, whether express or implied by law and in the event of any failure of the App, you may notify Apple and Apple will refund the purchase price (if any) for the App(s) to you, and to the maximum extent permitted by applicable law, neither Apple nor jawabkum shall have any other warranty obligation whatsoever with respect to the App(s), and as between jawabkum and Apple, other claims, losses, liabilities, damages costs or expenses attributable to any failure to conform to any warranty (if any) shall be jawabkum’s sole responsibility;
(e) You acknowledge that as between jawabkum and Apple, jawabkum (and not Apple) is responsible for addressing any of your or any third party claims related to the App(s) or your possession and use of the App(s);
(f) You acknowledge that in the event of any third party claim that the App(s) or your possession and use of the App(s) infringe(s) such third party’s intellectual property rights, jawabkum and not Apple will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
jawabkum's platform allows Customers to post questions to Experts in subject-matter categories, facilitates communication with Experts via chat, emails and online message boards, and enables delivery of answers to your questions, among other services ("Site Access Benefits"). Customers on the Site are presented with payment a model: pay-per-question.
Pay-Per-Question. With the pay-per-question model, you select the price that you are willing to pay for the Site Access Benefits related to a single question. Once you have selected the price and submitted your payment information, your question may be posted on jawabkum. Customers are charged at the time an Expert responds to the customer's question.
Rating the Expert. Experts typically respond to Customers’ questions quickly. If the Expert requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Expert to allow the Expert to help you better.
Once the Expert answers your question, you will be asked to rate the Expert.
jawabkum does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. Pay-Per-Question Customers, in the rare instance that no Expert responds at all to your question. See Refunds section below for information on requesting and receiving a refund.
Refunds, Cancellations, Abuse and Special Programs. jawabkum takes customer satisfaction seriously.
Pay-Per-Question Customers, if you are not satisfied with your experience on jawabkum for any reason, then as your sole remedy and within thirty (30) days of when you paid to ask your question on jawabkum, you may request a refund by calling Customer Service or submitting an email to email@example.com. Please check your My Questions page before requesting a refund to make sure you have viewed the most up-to-date responses to your question.
10. Receipt of Special Offers and Other Communications
D. Legal Statements
12. Proprietary Rights of Content
You acknowledge that jawabkum and its licensors and suppliers own the rights to the jawabkum website and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the jawabkum website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by jawabkum, jawabkum Users, or jawabkum Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Any access to or use of jawabkum to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with jawabkum (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of jawabkum is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
If you access jawabkum or copy, display, distribute, perform or create derivative works from content displayed on the Site or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on jawabkum or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited.
You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the jawabkum blogs; the jawabkum venues onwww.facebook.com,www.twitter.com,www.linkedin.com,www.youtube.com,www.pinterest.com,www.instagram.com,plus.google.com, www.flickr.com ; the Site administrator or any employee, officer or agent of jawabkum ("User Content"), will not be considered confidential and may be used by jawabkum, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that jawabkum owns, and has the right to register in its name, trademarks and service marks for any category names that you create on jawabkum, so do not use a category name that you want to reserve for your own benefit. jawabkum may use other trademarks or service marks in lieu of the category names that you create.
You grant to jawabkum a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
13. No Endorsement of Non-jawabkum Entity; No Relationship with Users
jawabkum may endeavor to offer to its Users products and services offered by non-jawabkum entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by jawabkum. jawabkum has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. jawabkum encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. jawabkum cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-jawabkum entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that jawabkum is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold jawabkum harmless from any and all liability arising from such actions, and you expressly relieve jawabkum from all liability arising from your use of Third Party Services.
You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and jawabkum or between any User (including Customers and Experts) and jawabkum by formation of this Agreement (or any of the Terms) or by your participation on the Site.
IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
14. Information Control and Storage
We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that jawabkum is not responsible for the acts or omissions of Users on the Site.
The amount of storage space per User is currently limited. You agree that jawabkum is not responsible or liable for the deletion or failure to store content and/or other information.
15. Exclusion of Warranties
jawabkum SERVICES, SOFTWARE, AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. jawabkum DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. jawabkum DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES WILL jawabkum BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS' SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM jawabkum OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
16. Limitation of Liabilities
IN NO EVENT SHALL jawabkum, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A)THE AMOUNT OF FEES YOU PAY TO jawabkum IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B)SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.