Adviser Terms and Conditions


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Adviser Terms & Conditions

Summary

Advice Tool is an interactive computer service provided by WebsiteBroker, Inc. that seeks to promote greater access to reliable specialized information.

Advisers may participate by joining on AdviceTool.com ("Advisers"). By using the service, Advisers will have the opportunity to provide answers to questions submitted by Users visiting their website, blog, directory profile or other online venue ("Paid Questions") via an I-frame HTML block (the "Entry Point") . Advisers will set their fee for answering Paid Questions (an "Adviser Fee"). AdviceTool.com will charge Adviser a fee for the use of the service (a "Service Fee") and, these fees will be charged together to the client (the "Total Fee").

Users enter into a limited services agreement (a "Limited Services Agreement") when submitting a Paid Question. In the event the User accepts the answer that you provide, that agreement will govern the terms and duration of the engagement undertaken.


The Actual Terms

Advice Tool is an interactive computer service provided by AdviceTool.com, which is owned and operated by WebsiteBroker, Inc. For simplicity, when we refer in these Terms & Conditions to AdviceTool.com, that term also refers to and includes WebsiteBroker, Inc., and its owners, managers, partners and employees.

By using our service, including using the AdviceTool.com site and any of our features or services, you agree to all of these Terms & Conditions. In addition, you understand that the specific method, features and services offered on AdviceTool.com may be altered, improved, removed or adapted at any time by AdviceTool.com, in its sole discretion and without any notice. If you do not agree with any of these Terms & Conditions, you should not use this site.

The general use of AdviceTool.com by Users is governed by the User Terms & Conditions, disclaimers listed on AdviceTool.com, and our Privacy Policy. Your use of Advice Tool and your use of AdviceTool.com is governed by these Adviser Terms & Conditions and it is also governed, to the extent applicable, by the User Terms & Conditions. By visiting, participating in, or using AdviceTool.com, you agree to be bound by all of these applicable Terms & Conditions.


1. OWNERSHIP OF CONTENT

Advisers retain all rights to the answers to Paid Questions submitted through their website, blog, profile page, etc., and their corresponding answers (including any intellectual property and moral rights) and will have the sole unrestricted right to use, reproduce, edit, modify, sell, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the submitted content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in the content. Provided, however, that the Adviser will continue to be subject to the ethics and professional rules governing their profession, as well as the AdviceTool.com Privacy Policy and the privacy policy governing the Entry Point.


2. ETHICAL RULES AND PROFESSIONAL REGULATIONS

AdviceTool.com makes no representation as to whether the rules, regulations, or other laws that governs the profession, practice or specialty of the Advisers allow or prohibit your participation in the arrangement set out in these Terms & Conditions or in the Limited Services Agreement, if applicable, described below. You agree that you are solely responsible for interpreting the applicable rules, regulations, or other law and determining your compliance with them before entering agreeing to these Terms & Conditions. You agree that you will not participate in, or continue any prior participation in, the AdviceTool.com service if the applicable rules, regulations, or other law of your state or jurisdiction prohibit your participation.

Further, you agree that, in all your conduct in connection with your participation in AdviceTool.com or the Adviser Network, you will comply in all respects with all applicable rules, regulations, and other laws that govern the conduct of your practice, profession or specialty.


3. LICENSURE AND GOOD STANDING

By applying for or participating in AdviceTool.com, you are representing to AdviceTool.com that to the extent required by law, you are in good standing and properly licensed in the jurisdictions indicated in your application. Further, your continued participation represents a continuing representation to AdviceTool.com that to the extent required by law, you are in good standing and properly licensed. Providing false, misleading or incomplete information will result in your being barred from any further use of AdviceTool.com.


4. INAPPROPRIATE CONTENT

You agree that, in the course of providing answers to Paid Questions, you will comply in all respects with all applicable rules, regulations, and other laws that govern the conduct of your profession, practice or specialty in the appropriate jurisdictions, including the laws concerning communications with clients/patients, prospective clients/patients, or members of the public.

You agree that you will not post any knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually-oriented, threatening messages, or any other similar material.


5. ANSWERING PAID QUESTIONS AND REVENUE

A. Fees. For each Paid Question submitted, a User will be charged two separate and distinct fees: One fee, the Service Fee, is paid to AdviceTool.com for the services it provides to the Adviser; the second fee is the Adviser Fee paid by the User to the Adviser who provides an accepted answer to the Paid Question.

The User will see one charge on their credit card or PayPal account for the Venue Fee and the Adviser Fee.

B. Process. As detailed above, when the User submits a Paid Question on Adviser's website through an Entry Point, it is then transmitted to the Adviser via both email and through Adviser's AdviceTool Control Panel. The Paid Question will be accompanied by information about the User requested by the Adviser. You agree that you are solely responsible for determining and interpreting the rules/laws of your state or jurisdiction with regard to determining whether you can provide advice to the User.

The User will enter into a Limited Service Agreement. For your convenience, we have provided a form of Limited Service Agreement which can be altered by you to include additional provisions. This agreement establishes the boundaries of the relationship created between you and the User which is limited both in scope and duration. The scope of the relationship under the Limited Services Agreement is intended to extend only to answering the particular Paid Question submitted, relieving you of any duty to further investigate, follow-up, take any other action, or represent the User in any further way. The duration of the relationship under the Limited Service Agreement is also limited, and ends as soon as the User accepts the answer you have provided. You may also augment the Limited Service Agreement with any other provisions you believe necessary. You agree that this Limited Service Agreement is just a template from which to start and is provided by AdviceTool.com as a courtesy. If you believe that the existing provisions of the Limited Service Agreement are ineffective or problematic for your purposes, services or representation, you should not use AdviceTool.com or you should contact AdviceTool.com to discuss alternatives that better fit your needs.

After an Adviser provides an answer to a Paid Question, the User will have an opportunity to review the answer and decide whether to "accept" or "respond" to it. If the User decides to accept the answer, as part of doing so the User will confirm their agreement to the Limited Services Agreement. If the User responds they generally are seeking additional clarification of the answer. If there is no activity on the account for 96 consecutive hours after receiving the answer (i.e., the User does not review it, reviews it and fails to "accept" the answer, or there is no correspondence originating from either you or the Adviser), the system will automatically "accept" the answer on your behalf ("Auto-Accept") and the Adviser Fee will be disbursed to you.

Once the answer is accepted by the User or Auto-Accepted by the system, the User will be charged, and your account with AdviceTool.com will be credited by AdviceTool.com with the Adviser Fee.

You hereby acknowledge that AdviceTool.com maintains a 100% satisfaction guarantee for the User. If, for any reason, AdviceTool.com is required to refund to the User an Adviser Fee that has already been credited to your account with AdviceTool.com, the amount of such refund will be deducted from your AdviceTool.com account.

C. Confidentiality. AdviceTool.com agrees to respect and protect the confidentiality of any confidential User information contained in the Paid Question and the answer you provide. You understand that if AdviceTool.com has reason to believe that noncompliance of its Terms and Conditions has occurred, its administrators may review the communications between a User and the Adviser to confirm whether such parties are in compliance. Other than as indicated above, we will not disclose this information to third parties without the User and Adviser's permission except to respond to a legal process or comply with the law.

D. Payment. Within approximately 30 days following the end of each month, AdviceTool.com will send you a check for your earnings in the prior month or otherwise disburse any Adviser Fees due to you. You expressly agree that, if the amount payable to you for any month is less than Fifty U.S. Dollars ($50.00), AdviceTool.com may hold those funds on your behalf until such time as your earnings equal at least Fifty U.S. Dollars ($50.00), at which time those earnings will be disbursed to you by check or otherwise. AdviceTool.com reserves the right to remit payments to Adviser Members electronically or via a service like PayPal. All payments will be made in U.S. Dollars. You understand and agree that AdviceTool.com does not make and has not made any warranties or representations to you as to the amount of any potential revenue or income stemming from your participation in AdviceTool.com.


6. ADVISER ACCOUNTS AND CONDUCT

You agree that your use of AdviceTool.com will be limited only to the uses that are contemplated by these Adviser Terms & Conditions and that you will not use AdviceTool.com for the purpose of seeking to develop a business to compete with AdviceTool.com. Further, you agree to comply with all copyright laws worldwide in your use of this site, and agree that AdviceTool.com and its content may not be used, copied, distributed, republished, altered, uploaded, posted, or transmitted in any way, in whole or in part, without the prior written consent of AdviceTool.com, except that you may retain copies of any answers you provide to a User and the questions answered.

You are solely and fully liable for all answers provided using your account, as well as any other conduct on the site originating from your account. In addition to any other remedies, AdviceTool.com, in its sole discretion, may suspend or terminate your account if we determine, in our sole judgment, that you have violated any of our Terms & Conditions, engaged in dishonest or fraudulent behavior or acts, are not providing answers of the quality required on AdviceTool.com, or otherwise engage in conduct inconsistent with any applicable Terms & Conditions. If your account is terminated or suspended, you may not open a new account under any other name.

By participating in AdviceTool.com, you represent and warrant that you will not: (i) register or operate under a misleading username, business name, firm name or practice name; or (ii) misrepresent your license status, education, background, areas of expertise, organizational affiliations, or experience. If a change in such information or your status should occur, you agree to promptly update the information in your account so that it will continue to be accurate and complete.


7. PRIVACY OF USERS' PERSONAL INFORMATION

AdviceTool.com does its best to protect its Users' privacy with respect to information not otherwise disclosed by Users in the questions they submit. When a Paid Question is answered, the contents of the question and answer are kept private (although AdviceTool.com has no control over your adherence to privacy requirements). Users who post a Paid Question have given permission to AdviceTool.com to have access to this information so that it may be transmitted to you, and AdviceTool.com has agreed to respect and protect the confidentiality of any confidential User information in the Paid Question and in the answer you provide. In addition, you understand that if AdviceTool.com has reason to believe that noncompliance of its Terms and Conditions has occurred, its administrators may review the communications between a User and the Adviser to confirm whether such parties are in compliance as discussed in more detail in Section 5 (C) above. Other than as indicated above, we will not disclose this information to third parties without the User and Adviser's permission except to respond to a legal process or comply with the law.


8. DISCONTINUATION OF PARTICIPATION

Should you wish to discontinue your participation in the AdviceTool.com, you agree to follow the simple steps to go inactive or delete your profile provided in "Delete Profile" which can be found in the Adviser Control Panel. You agree not to ask us to remove the Entry Point or delete your membership, as we have provided you with tools to do so.

AdviceTool.com reserves the right to discontinue this service or any Adviser's participation in this service at any time, for any reason, with or without notice. In the event that AdviceTool.com discontinues this service or discontinues your participation in this service as an Adviser, whether by termination or suspension of your account or otherwise, AdviceTool.com will send you a check within approximately thirty days of such discontinuance for any accumulated credit in your account at the time of discontinuance.


9. NO ENDORSEMENT; NATURE OF RELATIONSHIP

You agree that your participation on AdviceTool.com in no way constitutes an endorsement, recommendation, or referral by AdviceTool.com or its users. You acknowledge that you have not been required to provide, and have not provided any, compensation of any kind to AdviceTool.com in exchange for being permitted to be an Adviser or to participate on AdviceTool.com. No employee, partner or other business relationship is created with AdviceTool.com by your use of its services or participation on AdviceTool.com.


10. INDEMNIFICATION

You agree that you are solely responsible for any answer you provide and that you agree to indemnify and hold AdviceTool.com harmless from and against any claim, loss, damage, expense or liability (including attorney's fees and costs) that may result, in whole or in part, from your answers, posts, or other submissions through your use of AdviceTool.com, or any communication to or action concerning in any way any User or AdviceTool.com.


11. DISCLAIMER OF WARRANTIES

AdviceTool.com attempts to include accurate information on AdviceTool.com, but because of the possibility of human and mechanical error as well as other factors, AdviceTool.com is not responsible for any errors. AdviceTool.com and all material available from this site is provided "AS IS" and "AS AVAILABLE." YOU USE THE SITE AT YOUR OWN RISK.

To the fullest extent permissible pursuant to applicable law, AdviceTool.com disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Specifically, but without limitation, AdviceTool.com DOES NOT WARRANT THE INFORMATION OR GOODS AND SERVICES FOUND OR PURCHASED ON THIS SITE FOR TIMELINESS, ACCURACY, COMPLETENESS, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE. ADVICETOOL.COM DOES NOT WARRANT THAT THE SITE IS ERROR-FREE IN CONTENT OR IN FUNCTIONALITY NOR THAT ADVICETOOL.COM IS FREE OF VIRUSES, WORMS, SPYWARE, MALWARE, OR OTHER MALICIOUS OR HARMFUL CODE. ACCORDINGLY, YOU SHOULD TAKE APPROPRIATE PRECAUTIONS TO ENSURE YOUR ABILITY TO PROTECT AGAINST SUCH KNOWN RISKS OF USE OF THE INTERNET. UNLESS A WARRANTY IS EXPRESSLY STATED IN THESE TERMS & CONDITIONS, NO OTHER STATEMENT, ASSURANCE, ADVICE OR INFORMATION OBTAINED BY THE USER FROM ADVICETOOL.COM SHALL CREATE A WARRANTY.


12. LIMITATION OF LIABILITY

ADVICETOOL.COM AND WEBSITEBROKER, INC., THEIR AFFILIATES, ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF ADVICETOOL.COM OR WEBSITEBROKER, INC. OR THEIR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ADVISER'S FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, REGARDLESS OF ANY NEGLIGENCE ON THE PART OF ADVICETOOL.COM, INCLUDING, BUT NOT LIMITED TO, THOSE THAT RESULT FROM: (i) THE USE OR INABILITY TO USE THE SITE; (ii) RELIANCE ON THE INFORMATION CONTAINED IN THE SITE; (iii) ADVICETOOL.COM'S SUPPORT SERVICES; (iv) ANY GOODS OR SERVICES PURCHASED OR OBTAINED FROM ADVICETOOL.COM; (v) MESSAGES, INFORMATION OR ADVICE RECEIVED; (vi) TRANSACTIONS ENTERED INTO THROUGH ADVICETOOL.COM; (vii) INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE; AND (viii) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.


13. RELEASE

AdviceTool.com provides the technological foundations, tools and "space" where the public can access Advisers willing to provide answers to Paid Questions. AdviceTool.com provides the conduit for this information; however, we are not involved in the actual conversation between you (the Adviser) and any User. We do not monitor, verify, or filter any of your responses to questions submitted by our Users. You hereby acknowledge the above facts and remise, release, and forever discharge AdviceTool.com, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which you ever had, now have, or shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of the use of AdviceTool.com service or the relationship between you and any User introduced to you through this site. If you are a California resident, you hereby waive the provisions of section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."


14. ARBITRATION

You agree that any dispute or controversy between you and AdviceTool.com arising out of these Terms & Conditions or your use of AdviceTool.com shall be settled by Arbitration to be held in Riverside County, State of California, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding. Judgment may be entered on the arbitrator's decision in any court having jurisdiction. The parties shall each pay one-half of the costs and expenses of such arbitration, and each of the parties shall separately pay counsel fees and expenses.


15. MODIFICATION OF TERMS

AdviceTool.com may modify these Terms & Conditions at any time without prior notice. Continued use of this site following any change constitutes your acceptance of the change. We therefore ask you to review these Terms & Conditions occasionally to ensure that you are aware of the most recent version.


16. INTERPRETATION OF THE TERMS OF USE

This agreement shall not be construed against any party, regardless as to who may have drafted the Agreement.


17. JURISDICTION

These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of California, U.S.A.