AdviceNow is a platform for you to sell advice services to site users ("Customers"). We make no representations as to the success of your business on this site, or whether customers will be able to pay for your services. We are merely a platform for you to offer services, and do not get involved in the transactions or the relationships between you and your customers. We cannot and do not determine the truthfulness of this site's postings, verification of your credentials or qualifications, or accuracy of communications by Experts or Members. We cannot and do not verify the identity, credit-worthiness or honesty of any Customers.
We reserve the right to remove any content for any reason. You are 100% responsible for the accuracy and legality of your communications on this site.
We may modify or discontinue the services in the Site, with or without notice to you, and we are not liable to you or any third party should we choose, in the exercise of our discretion, to modify, interrupt or discontinue our services. Similarly, we offer no guaranty that this site is secure and without “bugs.”
You agree that CWM, in its sole determination and for any lawful reason, may terminate your participation in the Site.
Limitation of Liability
This site is provided to you “as is.” We provide no warranties of merchantability, fitness for a particular purpose, compatibility, security or accuracy. We take no responsibility for information on this site communicated from experts or customers. You use this site at your sole and entire risk.
In providing any services on our platform, you agree you will provide such services exercising a reasonable standard of care to the extent required by law, as well as meet the standard of care required by your profession, if any. In connection with your use and association with this platform, you shall have no legal recourse or actionable claim against CWM or any person affiliated with CWM..
CWM, its members, managers, employees, sub-contractors and agents are not liable to any Expert for any direct, indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however such damages arise, whether in action of contract, negligence or other tortious action, or arising from the services or any provision of this agreement. CWM, its affiliates, their respective officers, directors, members, managers, employees, sub-contractors and agents’ aggregate liability for direct damages arising with respect to this agreement will not exceed the total amount of money paid to CWM by you through the site in the six month period prior to the date your claim arose.
CWM is not responsible for enforcing any agreement between you and any Member. You agree CWM is not responsible for any damages to any Member receiving services from you. To all events, you hereby release CWM and its affiliates, and their respective officers, directors, members, managers, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney's fees.
If there is any dispute about or involving AdviceNow or otherwise involving the AdviceNow Platform or otherwise involving this website either directly or indirectly, you agree that the dispute shall be governed by the laws of the State of Utah, USA, without regard to conflict of law provisions and, without limiting the requirement that all disputes between us are subject the arbitration, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Utah, City of Salt Lake City. Either AdviceNow or you may demand that any dispute between AdviceNow and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Salt Lake City, Utah, USA, provided that the foregoing shall not prevent AdviceNow from seeking injunctive relief in a court of competent jurisdiction. You agree that, by entering into this Agreement, you and AdviceNow are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision.
This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice should be addressed to: Capital Worldwide Media, LLC, 1776 Park Avenue, Suite 4-161, Park City, UT 84060 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AdviceNow and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AdviceNow may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AdviceNow or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AdviceNow is entitled.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND ADVICENOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and AdviceNow agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. If any party files a judicial, administrative or arbitration action asserting a claim that is subsequently rejected, dismissed, lost or otherwise unsuccessful, the party filing that action must pay the other party’s costs and expenses, including reasonable attorneys’ fees.
Additional Expert Representations and Warranties
• All information that you provide about yourself will be accurate and complete at all times. You will only perform services or offer advice in jurisdictions where you are authorized or licensed or in good standing or are otherwise permitted by law to do so.
• You will not provide any services which can be provided by a licensed professional, unless you are such a licensed professional in good standing.
• You agree to abide by all relevant laws, rules and regulations.
• You agree to abide by any ethical codes to which are subject.
• Whether you are licensed or not, your advice is provided to Members for informational purposes only. If you are a medical or mental health professional, your encounter with a Member is not a substitute for an in-person examination, including a physical examination is warranted.
• Emergency Matters: this site is for non-emergency matters, only. If something is an emergency, you will tell the Member to dial 911 or do whatever is necessary to obtain local emergency assistance.
• You will not diagnose, treat, or recommend a course of treatment.
• You will not provide services that require an in-person physical examination of a Member. If appropriate, you will tell Members to seek the advice of a physician who can perform an in-person physical examination
• You will not prescribe or dispense medicines;
• You will disclose that your advice is not a substitute for the advice of a physician or other appropriate professional.
• You will notify Members that your advice is for informational purposes only.
• You are responsible for any actions taken by anybody using your user name and password.
• You are exclusively responsible for the services provided to Members and for verifying Member identity and other information delivered to you by Members.
• You will provide only services you are qualified to render, whether or not a Member requests that you perform services.
• All communication and other activities between you and Members must be billed through AdviceNow, whether or not such activities take place on the AdviceNow platform.
• You will adhere to AdviceNow pricing terms.
• All communications between you and Members introduced to you through AdviceNow must be through the AdviceNow platform. You may not exchange personal contact information with Members. If CWM suspects or determines prohibited contact with Members, CWM may withhold your payments and otherwise seek compensation and damages to the full extent allowed by law.
• You are prohibited from doing anything to manipulate AdviceNow feedback ratings. We shall have the exclusive right, in the sole exercise of our discretion, to eliminate suspicious ratings.
• You agree you will not access to the site except by means that we authorize, and you will not interfere with the Site in any way.
• You will not send unsolicited emails in connection with AdviceNow.
• You will not transmit through the Service any statement that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f**k”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol;
• You will not violate, or encourage the violation of, any local, state, national or international law or regulation, or any professional ethical code, including but not limited to copyright or other intellectual property rights.
• You will make no false statements on or through the AdviceNow.
• You will not threaten or harass Members or other Experts.
• You will keep confidential all information from or about Members.
Expert will be compensated for each minute they are actively communicating with a customer at the following rate:
Live Sessions: $1 per minute
Email Sessions: [***TBD]
"Live Session" means communications between an Expert and a Member in all media other than e-mail.
CWM agrees to pay you within thirty (30) days of the end of the month for which you are being paid. CWM reserves the right to pay by bank check or other means at CWM’s discretion (e.g. Paypal). CWM is not responsible for paying taxes you may owe.
User Name and Password
You are allowed only one user name and password at any one time. You are responsible for all activity under you account name, and for keeping your password a secret. If you become aware of unauthorized use of your password, user name, e-mail or any other breach of security, you agree to notify CWM immediately. You are exclusively responsible for all losses you incur as a result of any breach of your account.
Any information you provide to CWM is subject to an unlimited, irrevocable, royalty-free license to use and communicate to any other person.
Expert and Member Communication
Use of Data
CWM may disclose your information if CWM reasonably believes that disclosure (i) is necessary in order to comply with legal requirements, (ii) is reasonably necessary in the course of a lawsuit, (iii) is reasonably necessary to protect the rights of any person or entity, or (iv) is reasonably necessary to enforce this Agreement.
All users access this Site at their own risk and are responsible for compliance with the laws of their jurisdictions.
Links and Advertising
WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH CWM MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST US WITH RESPECT TO SUCH SITES.
If you wish to terminate this Agreement, you may do so by sending a notice with your signature to CWM, by certified or registered mail, return receipt requested. You may not terminate by email. Notwithstanding any termination, this Agreement shall continue to apply to actions prior to such termination.
CWM owns the intellectual property on this Site and nothing herein grants you any interest in CWM’s intellectual property.
CWM may, at its discretion, terminate the account or access of users who violate the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Site's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
3. a description of where the material that you claim is infringing is located on the site, including the URL;
4. Your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You agree to indemnify, defend and hold harmless CWM, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys' fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against CWM or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by you according to this Agreement; (b) your provision of services to any third party; or (c) any materials that you post to the Site and/or any content on your Website or otherwise provided to Members. You confirm that you have any insurance as is required by any laws or regulations applicable to you.
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, except that CWM may provide notice to the email address you have provided to CWM.
You do not have the right to assign this Agreement. CWM may assign this Agreement on commercially reasonable grounds.
Amendments to this Agreement
CWM may effect changes to this Agreement by means of posting amendments on the Site. All amendments shall be effective when posted, except changes to fees shall require at least 24 hours notice. Use of this Site after an Amendment become effective constitutes your consent to such Amendment.
Nothing herein makes either party a partner, joint venturer, agent, legal representative, employer, or employee of the other. Nothing herein provides either party with the authority to represent or bind the other. This Agreement shall be interpreted in accordance with the laws of the State Utah (excluding any rules governing choice of laws). This Agreement is binding upon and inures to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. There are no other promises or representations by CWM with respect to the subject matter except as set forth herein. This Agreement does not authorize you to provide services to Members who live in a country which is legally prohibited from entering into trade relations with the United States. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall prevail. Any amendments hereto must be in writing. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Updated: August 1, 2016