Terms of Service 24sessions
15 January 2016
Acceptance of Terms of Service
In this document you will find the terms of service of 24sessions, under the trade name 24sessions (collectively, “24sessions”). 24sessions is an online web based solution that offers services to connect users seeking information and advice (the “Clients”) with users providing information and advice (the “Experts”) (collectively, the “Services”). These Services are accessible at www.24sessions.com and any other websites through which we, 24sessions, make the Services available (collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site and Services and all Collective Content (as defined below) and constitute a binding legal agreement between you and 24sessions.
If you don’t agree to these Terms, you have no right to use the site or use it’s information or content. When you fail to use the Site in line with our Terms we may subject you to penalties, both civil and criminal.
In these Terms “We”, “us”, or “our” refer to 24sessions and “you”, “your” refer to the individual or entity that uses the Site and Services. To be clear, words in one gender include all genders and words in the singular include the plural and vice-versa.
The site and services allow experts to create Public Expert Profiles in order to offer information and advice to clients. You fully understand and agree that 24sessions is not a party to any agreements entered into between members (as defined below).
24sessions HAS NO CONTROL OVER THE CONDUCT OF MEMBERS OR OTHER USERS OF THE SITE AND SERVICES OR ANY INFORMATION PROVIDED IN CONNECTION THERETO, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
“Member” means a person who completes 24sessions’ account registration process as described under “User Account Registration” below, and includes, without limitation, Experts and Clients.
“Client” means a Member who uses the Site or services to access information and advice from other Members. Every Member automatically becomes a Client once he signs up.
“Expert” means a Member who offers information and advice to other Members and creates a Public Expert Profile via the Site or services by ticking the checkbox in which he confirms he is an expert.
“Public Expert Profile” means an public profile by an Expert to provide the Services via the Site, and Services. This Public Expert Profile essentially is the listing or offering of the expert.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or services and includes, without limitation, Public Expert Profiles.
“Session” means a scheduled (video) chat session coordinated via the Services between Members in connection with and subject to these terms.
“24sessions Content” means all Content that 24sessions makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and 24sessions Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
You acknowledge and agree that, by accessing or using the site or services or by downloading or posting any content from or on the site or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the site. If you do not agree to these terms, then you have no right to access or use the site, services or collective content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
You affirm that you are either at least 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these tos, and to abide by and comply with these terms.
Changes to these terms
24sessions has the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fee (as defined below), at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. Modifications to these Terms shall automatically be effective upon posting. By continuing to access or use the Site or Services after we have posted a modification on the Site you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and services.
How the Site and services Work
24sessions, the Site is a platform for Members to connect and schedule live video Sessions in order to exchange information with other Members that list themselves publicly as experts with Public Expert Profiles. You may view Public Expert Profiles as an unregistered visitor to the Site and services; however, if you wish to create a Public Expert Profile, you must first register to create a 24sessions Account (as defined below). If you wish to book an expert and use the services, you may do that without prior registration as a 24sessions Account will be automatically created for you, based on data that you provided during booking process.
24sessions’ role is solely to facilitate the availability of the Site and services and to provide services related thereto, such as Session scheduling and live video-chat facilitation. 24sessions is not responsible for Member Content and doesn’t provide that information. 24sessions IS NOT RESPONSIBLE FOR ANY INFORMATION OR ADVICE EXCHANGED BETWEEN MEMBERS DURING SESSIONS OR OTHERWISE. 24sessions does not verify the credentials of any of its Members. You understand and acknowledge that Experts are not employees or agents of 24sessions but are independent service providers or employees of a company or other legal entity, using the Site and services to provide their expertise to other Members and the public. You acknowledge that 24sessions will not be liable for any loss or damage caused by your reliance on information provided by Members or information contained in Member Content.
PLEASE BE AWARE OF THE FACT THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO FACILITATE MEMBER INTERACTION. 24sessions CANNOT AND DOES NOT CONTROL OR GUARANTEE THE CONTENT CONTAINED IN ANY PUBLIC EXPERT PROFILES OR THE INFORMATION EXCHANGED BETWEEN MEMBERS VIA THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT 24sessions IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PUBLIC EXPERT PROFILES AND INFORMATION PROVIDED UNDER THE SERVICES. ACCORDINGLY, ALL MEMBERS USE THE SITE AND SERVICES AT THEIR OWN RISK.
User Account Registration
To access certain features of the Site and to create a Public Expert Profile, you must register to create an account (“24sessions Account” ) and become a Member. You can directly register and create an account on the site via regular registration with (valid) email address and a safe password, otherwise an Account will be created automatically when booking an expert. Note: members are responsible for choosing and maintaining a safe password. You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Google, Twitter and linkedin); each such account, a “Third Party Account”, via our Site, as described below.
As part of the functionality of the Site and services, you may link your 24sessions Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to 24sessions through the Site and services; or (ii) allowing 24sessions to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to 24sessions and/or grant 24sessions access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating 24sessions to pay any fees or making 24sessions subject to any usage limitations imposed by such third party service providers.
By granting 24sessions access to any Third Party Accounts, you understand that 24sessions will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and services via your 24sessions Account and 24sessions Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personal information that you post to your Third Party Accounts will be available on and through your 24sessions Account on the Site and services. Please note that if a Third Party Account or associated service becomes unavailable, or 24sessions’ access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and services. You have the ability to disable the connection between your 24sessions Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. 24sessions makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and 24sessions is not responsible for any SNS Content.
We will create your 24sessions Account and your 24sessions Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active 24sessions Account. 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. 24sessions reserves the right to suspend or terminate your 24sessions Account and your access to the Site and services if you create more than one (1) 24sessions Account or 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 disclose your password to any third party and that you will take sole responsibility for any activities or actions under your 24sessions Account, whether or not you have authorized such activities or actions. You will immediately notify 24sessions of any unauthorized use of your 24sessions Account.
Public Expert Profiles
You (as an Expert) will create a Public Expert Profiles as soon as you choose to be an expert on our site (checking, “I’m an expert” in profile settings) to offer your services to other Members. To this end, you may need to provide information regarding the expertise you offer. Public Expert Profiles will be made publicly available via the Site and services.
Clients will be able to schedule a Session with you via the Site and services based upon the information provided in your Public Expert Profile. You understand and agree that once a Client requests a Session, the price quoted under your Public Expert Profile may not be altered.
You acknowledge and agree that you are solely responsible for any and all Public Expert Profiles you post. Accordingly, you represent and warrant that any Public Expert Profile you post and the agreements you enter into with Clients (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that 24sessions assumes no responsibility for the content of Public Expert Profiles or for any Member’s compliance with any applicable laws, rules and regulations.
You understand and agree that 24sessions is not involved in the interactions between Members and does not refer or endorse or recommend particular Experts to Clients. You also understand and acknowledge that 24sessions does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Members. As stated above, 24sessions is not party to any agreements entered into between Members.
24sessions reserves the right, at any time and without prior notice, to remove or disable access to any Public Expert Profile for any reason, including Public Expert Profiles that 24sessions, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or services. You acknowledge and agree that, as an Expert, you are responsible for your own acts and omissions.
As stated above, 24sessions does not endorse any of its Members. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site and services.
By using the Site or services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from 24sessions with respect to such actions or omissions.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and services, you may not and you agree that you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
- Use the Site or services for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- Interfere with or damage our Site or services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- Use our Site or services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- Use our Site or services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
- "stalk" or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a 24sessions Member;
- Register for more than one 24sessions Account or register for a 24sessions Account on behalf of an individual other than yourself;
- Contact an Expert for any purpose other than asking a question related to the Services,
- Contact a Client for any purpose other than asking a question related to the Services;
- Recruit or otherwise solicit any other Member to join third party services or websites that are competitive to 24sessions, without 24sessions’ prior written approval;
- Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- Use automated scripts to collect information or otherwise interact with the Site or services;
- Use the Site and services to find an Expert and then complete a transaction independent of the Site or services in order to circumvent the obligation to pay any fees related to 24sessions’ provision of the Services;
- As an Expert, submit any Public Expert Profile with a false or misleading information, or submit any Public Expert Profile with a price that you do not intend to honor;
- 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 other person; or (vii) promotes illegal or harmful activities or substances;
- Systematically retrieve data or other content from our Site or services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- Use, display, mirror or frame the Site, or any individual element within the Site, Services, 24sessions’ name, any 24sessions trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without 24sessions’ express written consent;
- Access, tamper with, or use non-public areas of the Site, 24sessions’ computer systems, or the technical delivery systems of 24sessions’ providers;
- Attempt to probe, scan, or test the vulnerability of any 24sessions system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by 24sessions or any of 24sessions’ providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
- Advocate, encourage, or assist any third party in doing any of the foregoing.
24sessions will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 24sessions may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that 24sessions has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. 24sessions reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that 24sessions, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the Netherlands and all foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of 24sessions and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
24sessions Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, 24sessions grants you a limited, non-exclusive, non-transferable license, to (i) access and view any 24sessions Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by 24sessions or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and services, you hereby grant to 24sessions a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and services. 24sessions does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and services or you have all rights, licenses, consents and releases that are necessary to grant to 24sessions the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or 24sessions’ use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of 24sessions used herein are trademarks or registered trademarks of 24sessions. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
24sessions respects copyright law and expects its users to do the same. It is 24sessions’ policy to terminate in appropriate circumstances the 24sessions Accounts of Members who infringe or are believed to be infringing the rights of copyright holders.
The Site and services may contain links to third-party websites or resources. You acknowledge and agree that 24sessions is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by 24sessions of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Termination and 24sessions Account Deactivation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and services, and (b) deactivate or cancel your 24sessions Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event 24sessions terminates these Terms, or your access to our Site and services or deactivates or cancels your 24sessions Account you will remain liable for all amounts due hereunder. You may cancel your 24sessions Account at any time by contacting 24sessions. Please note that if your 24sessions Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE AND SERVICES, YOU DO SO AT YOUR SOLE RISK. You acknowledge and agree that 24sessions does not have an obligation to conduct background checks on any member, including, but not limited to, clients and experts, but may conduct such background checks in its sole discretion. THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, 24sessions 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. 24sessions MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE PUBLIC EXPERT PROFILES OR ANY INFORMATION PROVIDED VIA SESSIONS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. 24sessions MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PUBLIC EXPERT PROFILES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 24sessions OR THROUGH THE SITE, SERVICES OR COLLECTIVE 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 SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT 24sessions DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. 24sessions MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, EXPERTS, REGARDLESS OF WHETHER SUCH COMMUNICATIONS OR INTERACTIONS ARE ORGANIZED BY 24sessions.
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 SITE, SERVICES AND COLLECTIVE CONTENT, PUBLIC EXPERT PROFILES OR SESSIONS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF 24sessions WHETHER IN PERSON, BY PHONE, ONLINE OR OTHER MEANS REMAINS WITH YOU. NEITHER 24sessions NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 24sessions 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.
IN NO EVENT WILL 24sessions’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR PUBLIC EXPERT PROFILE OR BOOKING OF ANY SESSION VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR SESSIONS MADE VIA THE SITE AND SERVICES AS A MEMBER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN 24sessions AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, indemnify, and hold 24sessions and its affiliates and subsidiaries, 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 (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content and (c) your (i) interaction with any Member, (ii) reliance on any information exchanged via the Site or services, or (iii) creation of a Public Expert Profile. 24sessions shall have the right to control all defense and settlement activities.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org. You acknowledge and agree that all Feedback will be the sole and exclusive property of 24sessions and you hereby irrevocably assign to 24sessions and agree to irrevocably assign to 24sessions all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At 24sessions’ request and expense, you will execute documents and take such further acts as 24sessions may reasonably request to assist 24sessions to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
In addition, If you feel any user is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to 24sessions.
You may not assign or transfer these Terms, by operation of law or otherwise, without 24sessions’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. 24sessions may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by 24sessions by (i) posting to the Site or optionally (ii) via email (in each case to the email address that you provide). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the Netherlands, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a court located in The Netherlands for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
These Terms are intended to govern the agreement between 24sessions and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
You and 24sessions agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and 24sessions are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and 24sessions otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Location and Procedure. Unless you and 24sessions otherwise agree, the arbitration will be conducted in the county where 24sessions resides.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the Rules.
Changes. Notwithstanding the provisions of the “Modification” section above, if 24sessions amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms) you will be notified in accordance with these Terms. You may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of 24sessions’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and 24sessions in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between 24sessions and you regarding the Site, Services, Collective Content and any Sessions or Public Expert Profiles made via the Site and services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between 24sessions and you regarding the same.
The failure of 24sessions to enforce any right or provision of these Terms 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 24sessions. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact 24sessions at firstname.lastname@example.org.