Expert Agreement

Introduction

By applying to become an Expert on the Site, You are agreeing to comply with and be bound by the terms of this Expert Agreement ("Expert Agreement"), War History Fans's Terms of Use ("Terms"), War History Fans's privacy policy ("Privacy Policy"), War History Fans's community rules ("Community Rules") and any other legal notices published by Us on the Site (together, the "Site Terms"). If You do not agree to the Site Terms then please do not access or otherwise use the Site, the Site's services or any information contained herein. Please review all of the Site Terms carefully before applying to become an Expert on the Site.

Capitalized terms not defined in this Expert Agreement will have the meanings set forth in the Terms.

Right to Modify Expert Agreement

We reserve the right, at Our discretion, to modify the terms of this Expert Agreement, which modification will be effective 10 days following the posting of the modification to the Site or providing notice to You, whichever occurs first, and will apply to causes of action arising after the effective date of the change. We will inform You regarding such modifications by either notifying You via Your email address or by posting such latest changes on the Site. You should continue check the Site for changes Your continued use of this Site 10 days following the posting of changes to these Terms or providing notice to You, whichever occurs first, will mean You accept those changes.

Expert Accounts and Conduct

War History Fans provides a venue where You may answer questions by other Users of the Site. The specific features of the Site are to be determined solely by War History Fans and are subject to change or termination without notice. You have no rights in and to the Site and services or in and to any use or continued use of such Site or services. War History Fans makes no representation or warranty of any kind as to the ability or willingness of other Users to pay for the answers provided by You.

Without limiting any other remedies, We may suspend or terminate Your account if We suspect, in Our sole judgment, that You have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of the terms of this Expert Agreement, the Site Terms or related agreements with War History Fans. War History Fans also may suspend or terminate Your account if We determine, in Our sole judgment (which may be based in whole or in part on Your User rating ), that You are not providing the quality of answers We determine, in Our sole discretion, is useful on the Site. If War History Fans suspends or terminates Your account, You may not open a new account (under Your name, a fictitious name or someone else's name).

You will be solely and fully liable and responsible for all activities and answers provided under Your username and password.

All of Your Expert services for Customers must be performed on the Site. You are prohibited from performing Expert services off the Site regarding any problem or question posted on the Site, negotiating payment for Expert services with a Site User. You are not permitted to send Customers anything other than answers to questions or legitimate requests for information.

Expert Representations and Warranties

By agreeing to this Expert Agreement and completing the online registration process, You are representing and agreeing that:

  1. All information You provide about Yourself with War History Fans relates to Yourself only and is accurate, complete and not in any respect misleading. You accurately describe Your background, skills, knowledge and Your level of experience (including professional licenses, certifications, education, employment, etc). You will maintain and update such information within twenty-four (24) hours of any changes so that it remains true, accurate and complete. In addition, if any change makes You ineligible to be an Expert on the Site, then You must immediately cease answering questions on the Site.
  2. You are at least 18 years of age or a legally organized entity and that You are authorized to represent the person or entity that is submitting an expert registration, to sign the registration form on its behalf and bind it.
  3. You will not misrepresent Yourself or create a misleading name or listing.
  4. You will not disclose any information that was provided to You by a Customer and You will guard and maintain confidential Customer's privacy.
  5. War History Fans may review the Expert's personal profile and amend any typing or spelling errors.
  6. War History Fans cannot and will not examine the truthfulness or accuracy of the details in the Experts’ profile information or in any of his postings or transmissions. However, War History Fans may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Expert. Without derogating from the above, War History Fans may remove any content violating this Expert Agreement and/or the Site Terms.
  7. You will not provide any legal or medical advice or other advice or information which may only be lawfully rendered or provided by a licensed professional unless You are a licensed professional in the relevant field of expertise and abide by all relevant laws, rules and regulations, including, without limitation rules of ethics and professional responsibility.
  8. You will not use the Site in any way to solicit or contact any other Users to ask or answer questions on any other website or any other channel.
  9. You will not mislead Customer to believe that You can provide a service which is outside Your fields of expertise.
  10. You will be solely responsible for the service You give to Customers.
  11. Unless otherwise expressly stated by War History Fans through a recognition program or otherwise, You agree and acknowledge that nothing regarding Your participation on the Site will be considered as an endorsement, referral or recommendation by War History Fans or any other Expert of You or the answers You provide and You will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
  12. You will provide competent answers that are within Your realm of expertise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers (a reasonable standard of care being the higher of (i) the standard You apply in Your profession not conducted on the Site or on the Internet and (ii) the standard of care required by the applicable profession) For example, if the standard of care requires in person evaluation or specific professional advice do not provide any advise or suggestion regarding the requested matter to the respective Customer.
  13. Experts in the medical, health or veterinary categories shall provide general information only, not medical or veterinary advice; shall not diagnose, treat or recommend treatment or a course of action that should only be performed after an in-person examination or meeting; and shall not act in a manner or engage in a form of communication that would establish a professional-client relationship on the Site. 
  14. Experts in the legal categories must be attorneys licensed to practice law, and be in good standing, in at least one jurisdiction in the United States or foreign country. Such Experts shall provide general information only, such as providing descriptions of general principles of law, and shall not provide legal advice. In responding to questions, Experts in the legal category shall not apply their legal knowledge or skills to resolve or advise on the Customer's specific factual circumstances described in the question, such as by proposing a specific course of action (other than advising the Customers to seek the advice of an attorney licensed to practice in the relevant jurisdiction). Experts in the legal category shall not form an attorney-client relationship on the Site.
  15. You will not do anything to manipulate, undermine, or disrupt the integrity of any Customer, Expert or other feedback ratings, reports or systems on the Site, including but not limited to filing false reports about other Experts or communicating with other Experts about a plan of filing reports or making complaints about other Experts. You will not harass or threaten any other User of the Site.
  16. You will abide by all the laws, rules, regulations, and ethical standards pertaining to Your profession and/or the profession applicable to categories in which You are an Expert.
  17. All interactions between Expert and Customer will be billed through War History Fans regardless if the interaction is online or offline. Expert agrees to abide by the pricing terms agreed upon with Customers while utilizing the Site.
  18. Exchange of contact information between Customers and Experts is strictly prohibited, and constitutes a material breach of this Expert Agreement. All communication between Expert and Customer must be carried out via War History Fans's platform. Every person who contacts an Expert via War History Fans (whether by voice, chat, email or other medium) will be considered to be a Customer.
  19. You will not disobey or breach this Expert Agreement or any other applicable instructions conveyed by War History Fans and its officers.
  20. You will not stalk, threaten or harass Customers or other Experts or infringe or attempt to infringe upon their privacy.
  21. You will recommend Customers to seek the advice of their regular physician, psychological counselor or other mental health or other professional.
  22. You will not make any statement that disparages War History Fans, its services, products, directors, officers, employees, shareholders or agents (i) to any Users of the Site or (ii) in any location outside of the Site, except as required by law or in communications exclusively to War History Fans.
  23. You will not provide information on any other websites about War History Fans, unless You expressly state that Your statements are not made on behalf of, and have not been approved by, War History Fans.
  24. You will be solely responsible for reporting and payment of taxes related to Your Expert Commissions (defined below).
  25. You acknowledge that War History Fans may withhold taxes for You, and You authorize War History Fans to do so.
  26. You will be responsible for any tax liability with respect to Expert Commissions that are transferred to You.

Expert Requirements

As a condition of becoming an Expert on the Site You must: (i) answer at least 40 community questions, (ii) have at least 4 Users rate You, and (iii) maintain at least an 80% positive User rating. The Expert is not required to choose an area of his or her expertise. The system identifies the top Experts to each question based on text analysis and the Expert's authority rank which is an automatically calculated rank given to each Expert. The Expert can choose topics he or she wants to avoid by adding a list of stop words separated by commas, on his or her Expert Settings tab on the update profile page.

Informational and Educational Purposes Only

The Site is a venue for informational and educational purposes only. The formation of a professional-client relationship on the Site is prohibited.

Content and License

You agree that You will not display, post, submit, publish or transmit Expert Content that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (iii) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (vii) involves theft, money laundering or terrorism; (viii) violate any of Our Site Terms; or (ix) is otherwise malicious or fraudulent.

You represent and warrant that: You own or have the necessary rights and permissions to use and authorize Us to use all Intellectual Property Rights in and to any Expert Content. You retain all of Your ownership rights in Your Expert Content. You hereby grant Us a free, worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, transmit and perform Your Expert Content for the purpose of performing the Expert Service. You also hereby grant the applicable Customer a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such Expert Content.

Expert Commission

Customers on the Site pay-per-question. The default Expert question price is $8.00 provided that the Expert can set the price charged on questions such Expert answers on the Expert setting page. Please note that at any time War History Fans may provide discounts and coupons to Customers. The Expert Commission will be calculated based on the amount actually paid by the Customer (meaning after discounts and coupons). 

Expert commissions shall be as follows: for any payment actually made by a Customer to War History Fans in order to get an answer from the Expert (“Expert Payment”), the Expert shall be entitled to receive a commission of 30% of the amount actually received by War History Fans (after discounts and coupons and any applicable taxes) plus 2% for any difference between the positive and negative votes such Expert has received throughout the month, with a maximum portion of 70% (“Expert Commission”). For example, if in June the Expert received 15 positive votes and 1 negative, such Expert's commission would be 58% of all Expert Payments relating to questions posted on June which the Expert answered. You acknowledge that War History Fans has no control over, and makes no representation or warranty of any kind, as to the ability or willingness of Customers to pay for the answers provided by Experts. In order for War History Fans to collect the applicable expert fee from the Customer, the Customer must be over 18 years old and must enter valid PayPal account details.

Notwithstanding the foregoing, Expert authorizes War History Fans to withhold, in its discretion, payments to Expert of certain amounts paid by Customers until 30 days has passed to ensure that the payment will not be refunded for any reason, disputed by the paying Customer or charged back by such Customer's credit card issuer. In addition War History Fans may withhold Expert's commission if War History Fans reasonably believes that fraudulent activity may have occurred in connection with payment, until War History Fans is able to verify that no such activity has occurred. If, after 30 days, a payment is not refunded and if War History Fans does not believe that any fraudulent activity has occurred, the Expert's applicable commission shall be considered as a confirmed commission ("Expert Confirmed Commission"). Once the Expert Confirmed Commission is more than US$50, the Expert Confirmed Commission shall be paid up to three business days from the time the Expert has initiate a request for payment.

War History Fans's billing system is not error-free, and War History Fans shall not be liable for any problems, miscalculations or malfunctions in processing the Expert fees or other payments due to the Expert. If the Expert thinks that a mistake has occurred he or she must send his/her inquiry to the Site's contact form within 30 days of discovery of such mistake. If for any reason the Customer has not paid the applicable Expert fee or has paid but has later charged back or received a refund for such payment, no Expert Commission will be paid to the Expert for that transaction and if the money has already been sent to the Expert, Expert is required to repay this amount to War History Fans, and War History Fans has the right to deduct this amount from the Expert’s account or from the following payments to be made from War History Fans to Expert.

Non-Solicitation

You are prohibited from negotiating payment with a Customer regarding Your answers provided via the Expert Service, and You shall not discuss with other Experts and Users how much You are paid for answers You provide via the Expert Service. In Your communications with Customers via the Expert Service, You are not permitted to post anything other than answers to questions, legitimate requests for information, or communications letting the Customers know You are working on an answer (if You are, in fact, doing so without responding to any new questions not specifically addressed to You). You are not allowed to seek or provide contact information from or to other Users of the Site.

Expert Accounts

You may not share Your account with, nor use the account of, anyone else. You will be solely and fully liable and responsible for all activities and answers provided under Your username and password. In addition, if any War History Fans account of Yours has been suspended or terminated, You may not open another account on the Site. You must notify War History Fans immediately of any breach of security or unauthorized use of Your account. You will be liable for any use made of Your account or password and the losses of War History Fans or others due to such unauthorized use. We will not be liable for Your losses caused by any unauthorized use of Your account.

Privacy

The main purpose of the Expert Service is to allow the Customers to look for Experts that may give the Customers advice that he or she seeks. War History Fans does not screen or edit the content of communications between Experts and Customers, but War History Fans may copy, transmit and review communications conducted by or through the Expert Service for technical support and/or in order to uphold this Expert Agreement and the Terms. Such communications are personal and private unless both parties agree to additional distribution, for example by posting questions or services on the public board such as the Site forums. Expert must treat any information provided by Customer via the Expert Service in a manner that is substantially consistent with and at least as protective and restrictive as the terms of the War History Fans's Privacy Policy and must use appropriate (but at least reasonable) confidentiality and security measures.

Indemnification

You agree to defend, indemnify and hold harmless War History Fans, its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from Your use of or conduct on the Site and Expert Service, including, without limitation, that results from any answer provided by You to a Customer and/or any transactions that You may, or attempt to, enter into. This defense and indemnification obligation will survive the termination of this Expert Agreement and Your use of the Site.

Assignment

This Expert Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.

General

No relationship (such as partnership, agent, joint venture, or employee) between You and War History Fans is created by this Expert Agreement or Your participation on the Site. We reserve the right to discontinue or modify any aspect of the Expert Service at any time. This Expert Agreement and the relationship between You and Us are governed by and construed in accordance with the laws of Israel, without regard to its principles of conflict of laws. You and War History Fans agree to submit to the personal and exclusive jurisdiction of the courts located in Tel- Aviv, Israel and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Expert Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Expert Agreement, which shall remain in full force and effect. No waiver of any term of this Expert Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under any of the Site Terms shall not constitute a waiver of such right or provision.

 

Last Updated ( Wednesday, 27 July 2016 )
 

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