Terms of Service

March 31, 2016

Table of Contents

A. The Terms
1. Acceptance of Terms
2. Definitions
3. Electronic Communications and Right to Modify Terms
B. The Website
4. JustAnswer Is a Venue; Third-Party Content
5. Posts Are Not Private or Confidential; Anonymity
6. Verification; No Reliance on the Term “Expert”
7. Information Not Advice; No Client-Professional Relationship
C. User Accounts
8. User Accounts; Restricted Activities; Suspension or Termination of Service
9. Charges, Rating the Expert, Refund and Cancellation Policy
10. Receipt of Special Offers and Other Communications
D. Legal Statements
11. Release
12. Proprietary Rights of Content
13. No Endorsement of Non-JustAnswer Entity; No Relationship with Users
14. Information Control and Storage
15. Exclusion of Warranties
16. Limitation of Liabilities
17. Indemnification
18. Press Release Information and Third-Party Press about JustAnswer
19. Choice of Law
20. Dispute Resolution
21. Agreement; Assignment; Miscellaneous
E. Premium Services
22. Special Provisions Relating to Secure Remote Assistance Users
23. Special Provisions Relating to Premium Services in the Legal, Medical, Health, Pet, and Large Animal Categories

A. The Terms

1. Acceptance of Terms
Welcome to JustAnswer ("Service" or "Site") owned and operated by JustAnswer LLC ("JustAnswer"). By clicking "I Agree" on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively "Terms"). If you do not agree with all the Terms, or if you are under the age of thirteen (13), do not use the Site. Please review all of the Terms carefully before using the Site.

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, (iv) acknowledge that the service is subject to U.S. export controls and agree that you will comply with U.S. export controls, and (v) represent that you are neither located in sanctioned country nor a prohibited person.

PLEASE NOTE THAT THESE TERMS PROVIDE THAT IF YOU AND JUSTANSWER ARE UNABLE TO RESOLVE ANY DISPUTES THAT ARISE BETWEEN YOU AND JUSTANSWER 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 JUSTANSWER 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.


2. Definitions
The words "User," "you" and "your" refer to the individual or entity that creates a JustAnswer account as a Customer and/or Expert. "JustAnswer," "we," "us" and "our" refer to JustAnswer. "Customer" refers to the person who asks a question on the Site. "Expert" refers to the person who answers a question on the Site.

 

JustAnswer 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 JustAnswer, 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 @justanswer.com email address to the User's email address on file with JustAnswer or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the JustAnswer 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 JustAnswer 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.

 

B. The Website

4. JustAnswer Is a Venue; Third-Party Content
The JustAnswer 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 JustAnswer, provide the content in Posts (defined below). The Experts determine which questions to answer; Experts are not employees or agents of JustAnswer 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.

JustAnswer 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 JustAnswer cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. JustAnswer 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, JustAnswer 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 (e.g. in the U.S., call 911). 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 JustAnswer.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 verified by a third-party verification service, unless the Expert is answering questions in a category that is still being tested by JustAnswer in "Beta" (indicated by the "Beta" graphic after the category name on the category's landing page and/or the URL beginning with www.justanswer.com/...). Details regarding the credential(s) verified for each verified Expert can be found by clicking the "What’s This" link next to the "Verified" logo associated with each Expert. Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. Use of the term "Expert" by JustAnswer 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.

Regarding the verification process, JustAnswer contracts with third-party service providers to perform the verifications described above; JustAnswer does not itself verify the credentials of the Experts. The results of the verifications are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. JustAnswer makes effort to verify, including using a third-party identity verification service, but cannot warrant or guarantee an Expert's purported identity; user identification on the Internet is difficult. For these reasons, JustAnswer 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 JustAnswer 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 Service
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 JustAnswer of any unauthorized use of your password or account. You should only create one account on the Site. If your JustAnswer 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 JustAnswer 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 (JustAnswer 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 JustAnswer; (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 JustAnswer'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 JustAnswer 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 [email protected]. 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, JustAnswer 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 JustAnswer mobile application(s) (the “Apps”).  By downloading and using one or more of the JustAnswer 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 JustAnswer, and not Apple (ad defined below at (i)) and you understand that JustAnswer 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) JustAnswer (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 JustAnswer shall have any other warranty obligation whatsoever with respect to the App(s), and as between JustAnswer and Apple, other claims, losses, liabilities, damages costs or expenses attributable to any failure to conform to any warranty (if any) shall be JustAnswer’s sole responsibility;

(e) You acknowledge that as between JustAnswer and Apple, JustAnswer (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, JustAnswer and not Apple will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;

(g) You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

(h) Section 19 (DISPUTE RESOULTION) contains JustAnswer’s email and mailing address where you may address questions, complaints or claims and the terms related to the App(s);

(i) Section 19 (DISPUTE RESOLUTION) shall govern any dispute that may arise between you and JustAnswer related to the App(s);

(j) You acknowledge that Apple and its subsidiaries (collectively, “Apple”) are third party beneficiaries of the Agreement and upon your download of and use of the App(s) indicating your assent and agreement to the Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Mobile Terms against you as a third party beneficiary thereof.  

 

9. Charges, Rating the Expert, Refund and Cancellation Policy
JustAnswer'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 may be presented with one of three payment models: (1) pay-per-question model; (2) membership model; and (3) premium services model (which is explained in Section E below).

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 JustAnswer. Customers are charged in one of three ways depending on the payment sourse, as described on the payment page: (i) when the question is posted, (ii) at the time an Expert responds to the customer's question, or (iii) $5 upon the posting of a question with the remainder charged at the time an Expert responds.

Membership. Memberships (formerly "Subscriptions") allow Customers to receive Site Access Benefits for multiple questions on the Site for a monthly or other-period recurring fee. Customers who elect to pay for memberships are hereinafter referred to as “Members.” The fee is automatically charged to the Member’s payment source provided on the Site and placed in the Customer Payment Pool (account of all Member’ payments). At the end of each payment period, any portion of the JustAnswer Membership fee remaining in the Customer Payment Pool will be paid to JustAnswer as compensation for the Site Access Benefits to which you were entitled during the payment period.

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. If you provide a rating of 1-2, you will be asked to provide the Expert with feedback about why you are unsatisfied, so the Expert may try to help you better. By providing a rating of 3, 4 or 5, you are instructing and authorizing that a portion of your payment (for Pay-Per-Question Customers) or an amount from the Customer Payment Pool (for Members) be paid to the Expert instead of to JustAnswer. By providing a 3, 4 or 5 rating more than once per question-and-answer, you are authorizing JustAnswer to charge your payment source (for example, the credit card or PayPal account you provided to JustAnswer) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Expert instead of to JustAnswer. For example, if you rate two answers, your payment source will be charged twice the price.

JustAnswer does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. For Pay-Per-Question Customers, in the rare instance that no Expert responds at all to your question, you agree that any amount up to $5 that was charged upon posting of your question may be retained by JustAnswer in consideration for the Site Access Benefits received. See Refunds section below for information on requesting and receiving a refund.

Memberships - Additional Terms. JustAnswer Memberships are intended and authorized only for personal, non-transferrable, not-for-resale use only. JustAnswer should not be used for purposes of plagiarism in any context or in cheating in the academic setting. Notwithstanding any other terms, JustAnswer reserves the right to cancel your JustAnswer Membership in its entirety at any time and for any reason, with or without prior notice, including, but not limited to, your excessive use (as determined by JustAnswer in its sole discretion). In the event that JustAnswer cancels a JustAnswer Membership, it will refund the current period’s fee.

Experts are ineligible to participate in the JustAnswer Membership as are their immediate family members (spouse, parent, child, sibling and spouse or "step" of each) and those living in the same households (persons, whether related or not, who lived in the same residence as an Expert for at least three (3) months during the twelve (12)-month period preceding the start of the JustAnswer Membership).

If you agree to a Membership offer and then later agree to a different Membership offer, then the terms of the later selected offer will apply and your earlier Membership will be cancelled.

If you are signed up on a category-specific Membership program, then you are only allowed to ask questions in the category specified by your plan. Some categories are not covered by Membership – please see here for a list of eligible Membership program categories. Members will be bound by their Membership Details so please be sure to review them carefully.

Refunds, Cancellations, Abuse and Special Programs. JustAnswer takes customer satisfaction seriously.

For Pay-Per-Question Customers, if you do not provide a star rating of 3, 4 or 5, and are not satisfied with your experience on JustAnswer for any reason, then as your sole remedy and within thirty (30) days of when you paid to ask your question on JustAnswer, you may request a refund by calling Customer Service (available 24 hours a day, 7 days a week) at 888-587-8220. 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. If you have provided a star rating of 3, 4 or 5 or more than thirty (30) days have elapsed since your payment, you will not be entitled to a refund.

Members may cancel their Membership at any time and request a refund of that period’s fee minus any monies already paid to Experts by contacting Customer Service 24 hours a day, 7 days a week at 888-587-8220.

To cancel a Membership, you may contact Customer Service 24 hours a day, 7 days a week at 888-587-8220, or log into your JustAnswer account and follow these instructions.

JustAnswer maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at JustAnswer’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by JustAnswer for use towards answers on the Site remain the property of JustAnswer (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty (30) days.

 

10. Receipt of Special Offers and Other Communications
By accepting these Terms, you agree to receive coupons, special offers, and other communications from JustAnswer per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your JustAnswer profile.

 

11. Release
Users are responsible for their acts and omissions and content placed on the Site. JustAnswer will not be liable to Users for any disputes that may arise between or among Users.

 

12. Proprietary Rights of Content
You acknowledge that JustAnswer and its licensors and suppliers own the rights to the JustAnswer 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 JustAnswer 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 JustAnswer, JustAnswer Users, or JustAnswer 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 JustAnswer 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 JustAnswer (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 JustAnswer 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 JustAnswer 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 JustAnswer or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of JustAnswer webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.

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 JustAnswer blogs; the JustAnswer venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com ; the Site administrator or any employee, officer or agent of JustAnswer ("User Content"), will not be considered confidential and may be used by JustAnswer, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that JustAnswer owns, and has the right to register in its name, trademarks and service marks for any category names that you create on JustAnswer, so do not use a category name that you want to reserve for your own benefit. JustAnswer may use other trademarks or service marks in lieu of the category names that you create.

You grant to JustAnswer 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-JustAnswer Entity; No Relationship with Users
JustAnswer may endeavor to offer to its Users products and services offered by non-JustAnswer entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by JustAnswer. JustAnswer has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services.  JustAnswer 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.  JustAnswer cannot and will not censor or edit the content of any Third Party Service.  Placement of information, logos, links or names of such non-JustAnswer 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 JustAnswer 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 JustAnswer harmless from any and all liability arising from such actions, and you expressly relieve JustAnswer 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 JustAnswer or between any User (including Customers and Experts) and JustAnswer 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 JustAnswer 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 JustAnswer is not responsible or liable for the deletion or failure to store content and/or other information.

 

15. Exclusion of Warranties
JUSTANSWER 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. JUSTANSWER 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. JUSTANSWER 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 JUSTANSWER 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 JUSTANSWER OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.

 

16. Limitation of Liabilities
IN NO EVENT SHALL JUSTANSWER, 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 JUSTANSWER IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. 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.

 

17. Indemnification
You agree to indemnify and hold JustAnswer, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys' fees, asserted by any third-party that are in any way due to or arising out of your use of or conduct on the Site.

 

18. Press Releases and Third-Party Press about JustAnswer
The Site may contain press releases and other information about JustAnswer. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by JustAnswer. Likewise, third-party press about JustAnswer or the Site should not be relied upon as being provided or endorsed by JustAnswer.

 

19. Choice of Law
The Terms shall be governed by, and construed in accordance with the laws of the State of Idaho, without regard to its conflicts of law provisions.

 

20. Dispute Resolution
If you have a dispute with JustAnswer or if JustAnswer has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:

(a)Informal Resolution.  Prior to initiating mediation or arbitration, the party with a grievance must:

(i) Notify the other party, in writing, of the facts of the dispute and all damages claimed.  Such a writing must be sent to the User’s email address on file with JustAnswer, or JustAnswer LLC, P.O. Box 29045, San Francisco, CA 94129 or [email protected], whichever is applicable (“Dispute Notification”);

(ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.

(iii) The other party then has 15 days to consider the response and reply.

(b)Mediation.  If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, by filing a: (i) Request for AAA Online Mediation for Claims under $10,000 with the American Arbitration Association (“AAA”); or (ii) Request for Mediation with the AAA.  To file a request for mediation for a claim under $10,000, you must go to the following website: http://services.adr.org/eroom/faces/welcome_and_steps.jspxhttp://www.aaamediation.com/http://www.aaamediation.com/.  If that link does not work, please contact [email protected]  at JustAnswer for updated information.  If you are requesting mediation for a claim that is worth $10,000 or more, you must go to the following website to file such a claim: https://www.adr.org/aaa/faces/services/disputeresolutionservices/mediation?_afrLoop=116582556835025&_afrWindowMode=0&_afrWindowId=null#%40%3F_afrWindowId%3Dnull%26_afrLoop%3D116582556835025%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dkgte21xx_4&_afr.ts=1449619920720.  If that link does not work, please contact [email protected] at JustAnswer for updated information.  If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties.

(c) ARBITRATION.  IF MEDIATION DOES NOT OCCUR OR IF MEDIATION DOES NOT RESOLVE THE DISPUTE, THEN BOTH PARTIES AGREE TO ARBITRATE ANY DISPUTES THEY HAVE WITH THE OTHER SO LONG AS SUCH DISPUTES ARE ARISING OUT OF OR RELATED TO THIS AGREEMENT.  SPECIFICALLY, YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE FEDERAL ARBITRATION ACT GOVERNS SECTION 20(B) AND THAT YOU AND JUSTANSWER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY INVOLVING ALL DISPUTES, CLAIMS AND CONTROVERSIES, OF ANY SORT OR NATURE, BETWEEN US, ARISING OUT OF THE USE OF THE SITE AND WAIVING THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION REGARDING ANY DISPUTE.  YOU AND JUSTANSWER AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.  YOU MUST FILE ANY DEMAND FOR ARBITRATION YOU MAY HAVE WITH THE AMERICAN ARBITRATION ASSOCIATION (“AAA”).  SUCH ARBITRATION IS FINAL AND BINDING AND WILL BE GOVERNED BY THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, "AAA RULES").  THE DECISION OF THE ARBITRATOR(S) SHALL BE BINDING AND ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. 

(d) CLASS ACTION WAIVER.  YOU AND JUSTANSWER EXPRESSLY AGREE THAT: (i) EACH PARTY MUST BRING CLAIMS AGAINST THE OTHER ONLY IN  AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING; (ii) THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; AND (iii) NO CLAIMS MAY BE MADE THROUGH AN ACTION PURPORTING TO REPRESENT A CLASS OF USERS OR OTHERWISE ASSERTING CLAIMS ON BEHALF OF A CLASS (“CLASS ACTION WAIVER. 

This Dispute Resolution section shall survive termination of this Agreement.

 

21. Agreement; Assignment; Miscellaneous
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any JustAnswer employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of JustAnswer), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail over other Terms of the Site; also, this Agreement, the Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. JustAnswer’s failure to exercise or enforce any of the Terms shall not constitute a waiver of JustAnswer’s right to exercise or enforce the Terms as to the same or another instance. Headings in this Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You agree that JustAnswer may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including but not limited to because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. JustAnswer shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of JustAnswer. No delay or omission on the part of JustAnswer in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Section, along with Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.
To view the terms of service which govern deposits made prior to November 19, 2010 at 4:30 p.m. PST, see here. For Customers with deposits made prior to November 19, 2010 at 4:30 p.m. PST, who ask another pay-per-question after November 19, 2010 at 4:30 p.m. PST, the earlier deposit will become subject to the new 30-day refund policy beginning on the date of the new payment when the Customer re-agrees to the current Terms of Service.

 

E. Premium Services

You may be presented with an offer for services outside of the Site’s standard question-and-answer platform (“Premium Services”).     

JustAnswer is only a venue which facilitates communication between Experts and potential Users of Premium Services. It does not provide any of the substance or content of any Premium Service initiated through JustAnswer’s platform. 

JustAnswer will in no way be liable for any acts or omissions of Experts in performing Premium Services (or any services) for you.


22. Special Provisions Relating to Secure Remote Assistance Users

If you agree to accept Secure Remote Assistance services (whether such services are Information Only or Beyond Information Only) from an Expert, you understand and agree that by accepting such offer for services, you are agreeing to give the Expert full access to and control over your computer (including permission to download and use software on your computer, gather system data, modify settings, etc.) for computer diagnosis, service and repair.  You agree that any third-party software acquired, installed or used during the Secure Remote Assistance session, by you or by the Expert, will be licensed to you, and that any terms of use relating to the third-party software are agreed to by you, that JustAnswer may record via video the Secure Remote Assistance Session for internal purposes, and that you will not use the Expert’s services to do anything unlawful. 

 

23. Special Provisions Relating to Premium Services in the Legal, Medical, Health, Pet, and Large Animal Categories

Premium Services may be: (1) “Information Only” or (2) “Beyond Information Only”.  “Information Only” Premium Services are those premium services outside the Site’s standard question-and-answer platform and may be conducted off the Site (either by phone, chat, email, Secure Remote Assistance or any other third-party tool) but remain for general informational services only. Premium Services that are “Beyond Information Only” facilitate Legal, Medical, Health, Pet, and Large Animal Category Users’ exchange of services that are more than informational and that could potentially evolve into a professional relationship.

Information Only Premium Services:

If you decide to accept Information Only Premium Services, you understand that by receiving such Premium Services, you are agreeing to the following terms and conditions: 

  1. Any Information Only Premium Services you receive from a legal, tax, medical or veterinary professional are for general informational purposes only.
  2. The legal, tax, medical or veterinary professional from whom you are receiving Information Only Premium Services is not acting as your attorney, tax advisor, doctor or veterinarian.
  3. The legal, tax, medical or veterinary professional from whom you are receiving Information Only Premium Services may not be licensed in the jurisdiction where you are located. 
  4. The Information Only Premium Services are not subject to an attorney-client/ accountant-client/doctor-patient relationship or attorney-client/ accountant-client/doctor-patient privilege.  Before applying the Information Only Premium Services to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.
  5. Any amounts a Customer pays for Information Only Premium Services are divided into two distinct parts: JustAnswer’s fee for enabling the request, offer and/or fulfillment of Premium Services and related services (“Additional Site Access Benefits”) and the Expert’s fee for the specific Premium Service provided to the User. JustAnswer does not share in any Expert’s fee.
  6. Once you accept an offer for Information Only Premium Services, your payment method on file, if any, will be automatically charged the Premium Services amount. If you have already asked a question, received a response and have not yet rated the Expert, if you then proceed to accept such Expert’s offer of Premium Services, you will be deemed to have accepted the response as if you had given such Expert a “5” rating (See Section 9, Rating the Expert, above).

Beyond Information Only Premium Services

If you decide to accept Beyond Information Only Premium Services, you understand that by receiving such Premium Services, you are agreeing to the following terms and conditions:

  1. JustAnswer is not involved in any agreements between you and any Experts from whom you choose to receive Beyond Information Only Premium Services. 
  2. JustAnswer does not form any attorney-client/doctor-patient/accountant-client relationship with any User through its question-and-answer platform or by virtue of any “Beyond Information Only” Premium Services.
  3. JustAnswer will endeavor to find an Expert relevant to your request for Premium Services Beyond Information Only.  Nevertheless, JustAnswer does not guarantee that any Expert who contacts you can fulfill your request for Premium Services Beyond Information Only. Providing a platform where potential Customers can engage the services of Experts who offer Premium Services Beyond Information Only does not imply an endorsement or recommendation for any particular Expert (except as specified in Section 6 above).
  4. JustAnswer is not a law firm and it does not provide any legal advice, counsel, or recommendation to Users, nor is JustAnswer a lawyer referral service. 

Payment for Beyond Information Only Premium Services will be described in the particular offer. JustAnswer’s payment structures take into consideration fee sharing restrictions under various professional ethics rules.