2. Definitions?In the Terms, "User," "you" and "your" refer to the individual or entity that creates a Moovjam account as a Member and/or Customer and/or Expert. "Moovjam," "we," "us" and "our" refer to Moovjam. "Member and Customer" refers to the person who asks a question on the Site. "Expert" refers to the person who answers a question on the Site.
3. Electronic Communications and Right to Modify Terms?When you visit Moovjam.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your Moovjam account profile, your current and active email address.
3.1 Moovjam may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective thirty (30) days after notice to User, either via email firstname.lastname@example.org or email@example.com or Experts@moovjam.com to to your email address on file with Moovjam or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the Moovjam website. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these 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. Moovjam Is a Venue; Third-Party Content?The Moovjam Site is a venue for informational and educational purposes to allow Members and Customers to ask questions and Experts to answer them. Users of the Site, not Moovjam, provide the content in Posts (defined below). The Experts determine which questions to answer; Experts are not employees or agents of Moovjam but are, like Members and Customers, simply Users of the Site.
Moovjam is not involved in the conversation between Members and Customers and Experts and does not refer Members and Customers to or endorse or recommend particular Experts. You acknowledge that Moovjam cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Accordingly, Moovjam is not liable for any acts or omissions of Experts, content in Posts, the ability of Experts to answer questions or the ability of Members or Customers to pay for answers. We cannot ensure that a Customer or Expert will complete a transaction. Notwithstanding the foregoing, Moovjam reserves the right, but is not obligated, to refuse to post or to remove any content.
EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals (e.g. in Canada and the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
5. Posts Not Private or Confidential; Anonymity?The Site is an Internet-based forum (akin to a modern version of a radio call-in program) and information 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 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, your questions, answers, and other Posts on JustAnswer.com that relate to the search may appear in the google.com search results list). To better protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
Moovjam includes a lot of information on Moovjam.com, including articles, references, tools, continuing education for consumers, medical professionals, and advertising. Some of the information on Moovjam.com is meant for adults who are licensed healthcare professionals. While we hope you find it helpful, it is not meant to serve as a substitute for your own clinical judgment as a healthcare professional. If you are a consumer who chooses to use the professional-level information on Moovjam.com, you should not rely on that information as professional medical advice or use it to replace any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency personnel. ??We follow a standard set of editorial procedures for information that we put on Moovjam.com. However, we don't offer you any warranty or guarantee related to our Site. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. It's your job to evaluate the information and results from tools we provide. If you are a healthcare professional, you should exercise your professional judgment in evaluating any information, and we encourage you to confirm the information contained on our Site with other sources before undertaking any treatment based on it. If you are a consumer, you should evaluate the information together with your physician or another qualified healthcare professional. Some information on our Site comes from you or from other users. We're not responsible for that information. Whether the information comes from us or from you, we're not liable for any damages resulting from your use of the information on our Site. Although we are selective about the organizations we link to, we don't assume any responsibility for any Web sites that are linked to our site or that you browse to after following a link from our Site. ?While we welcome your feedback on Moovjam.com, we must make the final decisions about the content that is posted on the site to make sure it meets the needs of all our users. You can send us comments and criticisms, but if you are dissatisfied with our response or with the contents of Moovjam.com, your only remedy is to stop using the Site.
6. Verification; No Reliance on the Term "Expert"?Experts on the Site will be University Students completing the Practical Training Requirements of their respective Program through Moovjam, or be a Professional that has had at least one credential relevant to the category in which they are answering questions verified by a third-party verification service or University Training Program, unless the Expert is answering questions in a new category that is still being tested by Moovjam. Details regarding the credential(s) verified for each Expert can be requested at firstname.lastname@example.org. 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 Moovjam and on the Site is only meant to describe Members and Users who answer questions on the Site, and not to guarantee any particular level of expertise of these Experts. ?Moovjam contracts with third-parties to perform the verifications described above; Moovjam 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. Moovjam makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee, a User's purported identity; user identification on the Internet is difficult. For these reasons, Moovjam cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Experts. Moovjam will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.
7. Information Not Advice; No Client-Professional Relationship?Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. 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 User. By answering questions, Experts do not form attorney-client 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, 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 of Service.
C. User Accounts
8. Member and User Accounts; Restricted Activities; Suspension or Termination of Service?User Accounts. When you register as a Member and User on the Site, you will 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, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify Moovjam of any unauthorized use of your password or account. You should only create one account on the Site. If any Moovjam account of yours 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 Moovjam accounts.
Restricted Activities. You agree that any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (Moovjam has adopted Delete From Site 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) be competitive with Moovjam or the Site; (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, 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; (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 (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include. 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 Moovjam's prior written consent.
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 Moovjam or the Site or charges money to receive answers or to communicate with purported Experts or specialists).
Suspension or Termination of Service. If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to email@example.com. Cancellations will be effective within 7 business days. Any fees accrued as of the effective date of termination will be payable according to the Terms.
At any time, without notice, for any or no reason, Moovjam 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.
9. Fees, Donations, Deposits and Refunds?Members and Customers on the Site may be presented with a choice of payment models, which will be posted on the Fees, Donations, Deposits and Refunds page of the Site as required.
Refunds and Special Programs. Once you have accepted and paid for a Membership or Product or Event, you have no right to a refund of amounts paid
Moovjam maintains the right to initiate special incentive, pricing, membership, and other programs. These may be limited, at Moovjam's sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into customer accounts by Moovjam for use towards Membership fees or Products or Events on the Site remain the property of Moovjam (they never become the property of Members or Users and never become refundable to the Member or User), and unless otherwise stated on the Site or in an email to a Member or User will expire on December 31 of the following calendar year.
D. Legal Statements
11. Release?Members and Users are responsible for their acts and omissions and content placed on the Site. Because the Moovjam Site is a venue, in the event that you have a dispute with one or more Users, you release Moovjam (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code �1542, which says: "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."
12. Proprietary Rights of Content?You acknowledge that Moovjam and its licensors and suppliers own the rights to Moovjam.com 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 www.moovjam.com website, 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 Moovjam, Moovjam Members and Users, or Moovjam 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, 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.
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 Moovjam blogs, the Moovjam page on www.facebook.com, the MOovjam venue on www.twitter.com, the Moovjam channel on www.youtube.com, or to the Site administrator or any employee, officer or agent of Moovjam ("User Content"), will not be considered confidential and may be used by Moovjam, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that Moovjam owns, and has the right to register in its name, trademarks and service marks for any category names that you create on Moovjam, so do not use a category name that you want to reserve for your own benefit. Moovjam may use other trademarks or service marks in lieu of the category names that you create.
You grant to Moovjam 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 Member and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
14. Information Control and Storage?We do not control the information provided by Members and 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 Moovjam is not responsible for the acts or omissions of Members and Users on the Site.
The amount of storage space per Member and User is currently limited. You agree that Moovjam is not responsible or liable for the deletion or failure to store content and/or other information.
15. Exclusion of Warranties?MOOVJAM SERVICES 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. MOOVJAM 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. MOOVJAM 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 MOOVJAM BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MEMBER AND 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 MOOVJAM OR THROUGH OR FROM MOOVJAM SERVICES SHALL CREATE ANY WARRANTY.
16. Limitation of Liabilities?IN NO EVENT SHALL MOOVJAM, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS 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 MOOVJAM 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.
You and Moovjam agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Members and Users' responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.
17. Indemnification?You agree to indemnify and hold Moovjam any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, 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 Moovjam?The Site may contain press releases and other information about Moovjam. 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 Moovjam. Likewise, third-party press about Moovjam or the Site should not be relied upon as being provided or endorsed by Moovjam.
19. Choice of Law and Forum?CHOICE OF LAW. The Terms shall be governed by, and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions.
DISPUTES; DISPUTE RESOLUTION. All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site ("Dispute"), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the Members or User's email address on file with Moovjam, or (b) Moovjam Corporation at President@Moovjam.com ("Dispute Notification"); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Online Mediation for Small Claims with the American Arbitration Association ("AAA") (or Request for Mediation for the minimum of 4 hours only if the Small Claims limit is exceeded), available online at http://www.aaamediation.com/, with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties, which cost is currently set at US$50 but may be changed by AAA; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the AAA, see http://www.adr.org/fileacase, in which case the Dispute shall be resolved by binding arbitration (by telephone, online and/or solely based on written submissions as chosen by the party initiating the arbitration, as allowed by the AAA Rules and unless otherwise agreed by the parties), with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.
IMPROPERLY SUBMITTED CLAIM. All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle Moovjam to attorneys' fees and costs up to US$1000, provided that Moovjam has notified you in writing (at the email address on file with Moovjam will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.
NO CLASS CLAIMS; WAIVER. The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site users or otherwise asserting claims on behalf of a class ("Waiver"). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in San Francisco County, California courts and agree to waive any and all jurisdictional, venue or inconvenient forum objections.
You agree that Moovjam 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 many reasons, 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. Moovjam shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by Moovjam. No delay or omission on the part of Moovjam 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.
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.