LiveAdvice is an online platform that connects customers looking for advice on various topics and advisors who have knowledge about specific topics (the "LiveAdvice Service" or "LiveAdvice Site" or “We”).
LiveAdvice reserves the right to modify these Terms of Service at any time and will make reasonable efforts to notify users when it has done so.
LiveAdvice is meant to be used only by persons aged 18 or older. Any access to or use of the LiveAdvice Service by anyone under 18 is expressly prohibited. By accessing or using LiveAdvice you represent and warrant that you are 18 or older.
"Advisor" refers to a person who offers advice and information ("Advisor Services") to Customers on the LiveAdvice site.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
"Credit" refers to the currency used on our site. Customers buy Credit in order to initiate a Transaction and get advice from our Advisors.
"Customer" refers to a person is seeking advice on a specific topic.
"Transaction" means any live conversation or call that occurs between a Customer and Advisor through the LiveAdvice Service..
"User" means any user of the LiveAdvice Service, and may be a Customer or an Advisor. To the extent you are a Customer, the provisions in this Agreement regarding Customers apply to you. To the extent you are an Advisor, the provisions in this Agreement regarding Advisors apply to you.
In order to access certain features of the LiveAdvice Service, such as for a Customer to request advice or for an Advisor to offer Advisor Services through the LiveAdvice Service, you must register to create an account ("Account") and become a Member. To become a Member you must be at least 18 years old. Any registration by anyone under 18 is void. During the registration process, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. LiveAdvice reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not to disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify LiveAdvice of any unauthorized use of your Account.
Payment Terms and Buying credits
In order for a customer to make a Transaction or speak to an Advisor via the LiveAdvice Service, you need to buy Credits. For each Transaction, a certain amount of Credit will be deducted from your account. Unused Credit will be kept in your account for future use for up to 24 months. You can purchase LiveAdvice Credit using any payment method made available to you by LiveAdvice which includes all major credit cards.
The Auto-Recharge feature can be enabled when you buy LiveAdvice Credit when you check the appropriate box. Your LiveAdvice Credit balance will be recharged with any amount that you chose and by the payment method you chose when you first signed up for Auto-Recharge, unless you subsequently change the amount by accessing your Account. For example, the chosen recharge amount will be charged to your credit card each time your account balance goes below the threshold set in your LiveAdvice account. If you do not want to enable Auto-Recharge, please uncheck the box. You can disable Auto-Recharge at any time from your Account.
The LiveAdvice Service is a communications platform for enabling Transactions between Customers and Advisors. LiveAdvice does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Advisor Services provided by Advisors, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. LiveAdvice cannot confirm that the Users are who they claim to be. LiveAdvice does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service.
User Responsibilities. LiveAdvice does not select, screen, approve, endorse or limit its Advisors. We do not make any warranty of quality or fitness and under no circumstances may LiveAdvice be held liable for the actions or omissions of any Advisor performing Advisor Services for you. Information on the Website, including but not limited to information posted publicly on the Site, and other User Content does not reflect any endorsement or approval by LiveAdvice. LiveAdvice does not warrant or guarantee the accuracy, adequacy, applicability, completeness, currency or quality of any such User Content or the qualifications of those posting User Content. LiveAdvice SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY USER CONTENT YOU ENCOUNTER ON OR THROUGH THE WEBSITE, AND ANY USE OR RELIANCE ON USER CONTENT IS SOLELY AT YOUR OWN RISK.
Advisors. You acknowledge that Advisors are not the employees or agents of LiveAdvice. All Advisors who offer their services to perform consulting services for other users operate independently from LiveAdvice. LiveAdvice reserves the right remove any Advisor account from the LiveAdvice website.
Beyond the terms and conditions of the Terms of Service, Advisors agree to comply with the below requirements in providing Advisor Services. Without limiting any other remedies LiveAdvice may have, LiveAdvice may immediately terminate your membership and use of the service without notice if we believe that you have violated any of the following requirements.
Continuously provide truthful, current and complete information, including, without limitation, correct representation of skills, degrees, qualifications, credentials, background and other information in your listed;
Promise not to misrepresent yourself or create a misleading profile listing;
Not provide any Advisor Services which require a professional license, such as a physician, other health practitioner, attorney, accountant or financial planner, unless you have a valid professional license in the relevant jurisdiction(s) and such license allows for providing Advisor Services through the Site. If you do not have a valid professional license in the relevant jurisdiction for any professional services, you may not provide such services through the Site.
LiveAdvice also specifically reserves the right to remove an Advisor account from our Service for any of the following reasons:
If an Advisor profile and phone extension receive no activity for 3 months or longer;
If an Advisor profile receives below average ratings from Customers;
If LiveAdvice learns that an Advisor is violating the email protocols set forth in the CAN-SPAM act, such as by engaging in bulk email spamming or using emailing programs and email list generators to promote your services.
General Restrictions and Prohibitions
All Users agree not to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror or frame the LiveAdvice Service, or any individual element within the LiveAdvice Service, LiveAdvice's name, any LiveAdvice trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without LiveAdvice's express written consent;
Access, tamper with, or use non-public areas of the LiveAdvice Service, LiveAdvice's computer systems, or the technical delivery systems of LiveAdvice's providers;
Attempt to probe, scan, or test the vulnerability of any LiveAdvice system or network or breach any security or authentication measures;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, or chain letters;
Use the LiveAdvice Service for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the LiveAdvice Service or Service Content;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the LiveAdvice Service;
Collect or store any personally identifiable information from the LiveAdvice Service from other users of the LiveAdvice Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
LiveAdvice will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. You acknowledge that LiveAdvice has no obligation to monitor your access to or use of the LiveAdvice Service, or to review or edit any Content Members post, but has the right to do so for the purpose of operating the LiveAdvice Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. LiveAdvice reserves the right, at any time and without prior notice, to remove or disable access to any Content, that LiveAdvice, at its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the LiveAdvice Service.
Two options are available for Advisor Payout. Monthly Direct Deposits take place from the 1st through the 3rd of the month payable for the preceding month's activity. LiveAdvice will withhold 20% of payments received from clients as fees for processing calls and maintaining all aspects of LiveAdvice. Advisors can opt for a Weekly Direct Deposit with an additional 2% convenience fee charged for a total withheld from earnings of 22% of payments received from clients.
*This percentage is subject to change once yearly with notification of change issued to active advisors 30 days prior to the effective date.
Copyright and IP Policy and Reporting Infringement
LiveAdvice respects copyright law and expects its users to do the same. If you believe that your copyright or trademark is being infringed on the Site, please send us a written notice with the following information:
Identification of the copyrighted or trademarked work that you claim has been infringed;
Identification of the allegedly infringing content, and information reasonably sufficient to permit Yelp to locate it on the Site (e.g., the URL for the web page on which the content appears);
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trademark owner, its agent, or the law;
A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright/trademark owner or authorized to act on the owner's behalf; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
The failure of LiveAdvice to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of LiveAdvice. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and LiveAdvice are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
If you breach any of these Terms of Service, LiveAdvice will have the right to suspend or disable your Account or terminate these Terms of Service, at its sole discretion and without prior notice to you. LiveAdvice reserves the right to revoke your access to and use of the LiveAdvice Service at any time, with or without cause. In the event LiveAdvice terminates these Terms of Service for your breach, you will remain liable for all amounts due hereunder.
THE LiveAdvice SERVICE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, LiveAdvice EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LiveAdvice MAKES NO WARRANTY THAT THE LiveAdvice SERVICE OR SERVICE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HELPBY PHONE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, LiveAdvice SERVICE OR SERVICE CONTENT PURCHASED OR OBTAINED THROUGH THE LiveAdvice SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE LiveAdvice SERVICE.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LiveAdvice OR THROUGH THE LiveAdvice SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LiveAdvice SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LiveAdvice SERVICE. YOU UNDERSTAND THAT LiveAdvice DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE LiveAdvice SERVICE, NOR DOES LiveAdvice MAKE ANY ATTEMPT TO VERIFY THE ACCURACY OF CONTENT POSTED BY THE USERS OF THE LiveAdviceSERVICE. LiveAdvice MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE LiveAdvice SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE LiveAdvice SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE LiveAdvice SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LiveAdvice SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold LiveAdvice and its successors and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the LiveAdvice Service, or your violation of these Terms of Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE LiveAdvice SERVICE REMAINS WITH YOU. NEITHER LiveAdvice NOR ANY OTHER person or entity involved in creating, producing, or delivering the LiveAdvice Service will be liable for any incidental, special, exemplary or consequential damages, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, LiveAdvice SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR LiveAdvice SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS arising OUT of or in connection with THESE TERMS OF LiveAdvice SERVICE or from the use OF or inability to use the LiveAdvice Service, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the LiveAdvice SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE LiveAdvice SERVICE, whether based on warranty, contract, tort (including negligence), PRODUCT LIABILITY or any other legal theory, and whether or not LiveAdvice has been informed of the possibility of such damage, EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of LiveAdvice used herein are trademarks of LiveAdvice. LiveAdvice and the LiveAdvice Logo are registered trademarks with the United States Patent and Trademark Office (USPTO) and are property of Help By Phone LLC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without LiveAdvice's prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. LiveAdvice may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms of Service constitute the entire and exclusive understanding and agreement between LiveAdvice and you regarding the LiveAdvice Service, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between LiveAdvice and you regarding the LiveAdvice Service.
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