Customer Terms and Conditions

Introduction; Your Agreement to these Customer Terms and Conditions

These terms and conditions (“Terms”) govern your (“You” or “Your”) use of the services (the “Services”) offered through this website (the “Site”) and any other applications, websites or software provided by Ask Jan for Help, LLC (“Ask Jan,” “we,” “us,” or “our”). PLEASE READ THESE TERMS CAREFULLY.  BY CLICKING “AGREE,” “ACCEPT” OR SIMILAR CLICK THROUGH OR BE REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING OR USING THE SITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ, UNDERSTAND AND AGREE THAT YOU ARE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR, ACCESS, BROWSE, DOWNLOAD OR USE THE SITE AND STOP USING THE SITE.

  1. Modification of These Terms

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes Your binding acceptance of such changes. Except as stated elsewhere, such amended Terms or fees will automatically be effective thirty (30) days after they are initially posted on the Site.

  1. The Services

The Services enable users to connect directly with third-party professionals (the “Experts”) to ask questions and receive answers from such Experts. YOU ACKNOWLEDGE THAT THE EXPERTS ARE INDEPENDENT THIRD PARTIES AND THAT THE SERVICE IS DESIGNED SOLELY TO CONNECT YOU WITH THE EXPERTS AND THAT ASK JAN IS NOT RESPONSIBLE FOR ANY ADVICE PROVIDED BY ANY SUCH EXPERTS.

  1. Authorized Users

If You are responsible for paying the monthly fee set forth below (as such, the “Account Owner”), You may designate certain employees or contractors (“Authorized Users”) to access and use the Services.  Each Authorized User must accept these Terms prior to being able to access and use the Services.  The Account Owner is responsible for use of the Services by its Authorized Users and for their compliance with these Terms.  In addition to the monthly fee described below, we reserve the right to charge an additional fee for each Authorized User.

  1. Fees

The Account Owner must pay a monthly fee to utilize the Service.  There may be multiple types of Services for different monthly fees.  For some service types, the monthly fee will grant You credits (“Credits”) which may be used to consult with Experts in accordance with our then-current policies. Credits are valid for twelve (12) months and are forfeited upon termination of these Terms for any reason. Authorized Users may use Credits only upon approval from the Account Owner. We may change the fees and policies from time to time by posting such changes on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. The fees do not include any applicable taxes and we may collect any such taxes from You. In addition to the fees we charge, if You engage any Experts, You will pay such Experts at their standard rates following the initial consultation credit we provide.

  1. Use of Content

Any designs, text, graphics, photographs, images, videos, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Site (“Website Content”), and all copyrights, trademarks, service marks, patents, and other intellectual property rights are the property of Ask Jan or our licensors.  All rights not expressly granted herein are reserved.  Unless You have agreed with us otherwise in writing, nothing in these Terms gives You a right to use any of our trade names, trademarks, services marks, logos, trade dress, domain names, or other distinctive brand features.  You shall not download any Website Content without our consent, which shall be expressed by a “download” link.

Subject to Your compliance with these Terms, we hereby grant to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site for Your own personal, noncommercial use. We reserve all rights not expressly granted in these Terms.

  1. User Conduct

We grant You the ability to use the Service subject to these Terms, provided that you do not engage in any of the following activities: 

  • Gain or attempt to gain unauthorized access to the Service or computer systems and networks connected to the Site;
  • Upload, post, email, transmit, or otherwise make available any content that is unlawful, violent, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, pornographic, libelous, invasive of another’s privacy, or otherwise objectionable; 
  • Cause harm to others, and specifically, legal minors; 
  • Impersonate another user, person, or entity, or falsely state or otherwise misrepresent Your affiliation with another user, person, or entity; 
  • Collect and store personal data about other users, “cyber stalk” or harass another user or engage in conduct that negatively affects the on-line experience of another;
  • Upload, post, email, transmit, or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation; 
  • Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;  
  • Reproduce, modify, rent, lease, loan, sell, trade, resell, or create derivative works based on the Website Content for any purpose;
  • Intentionally or unintentionally violate any applicable local, state, national, or international law; 
  • Attempt to take any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the infrastructure of the Site;
  • Interfere with the operation of the Service or other computers or internet or network connections; or
  • Attempt to circumvent, disable, or otherwise interfere with security-related features of the Service or features that restrict or prevent use or copying of Website Content.

You understand that use of the Service is subject to usage rules set by Ask Jan and/or content providers who provide content to the Site. We may, at our sole discretion and without notice, terminate Your account and/or Your access to or ability to use the Service for any reason, including violations of these Terms.  You may not attempt to override or circumvent any of the usage rules. 

  1. Account Security

When You use the Services, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide will be true, accurate, current, and complete and You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Ask Jan. You may be liable for the losses incurred by Ask Jan or others due to any unauthorized use of Your account.

  1. Termination; Survival of Terms

You agree that absent a written agreement to the contrary, we may under any circumstances and without prior notice temporarily or indefinitely suspend You from use of the Service.  You acknowledge and agree that all of the legal rights, obligations, and liabilities that You and Ask Jan have benefited from, been subject to (or which have accrued over time while these Terms have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms that by their nature would survive its termination shall survive indefinitely.

  1. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”  WE ARE NOT RESPONSIBLE FOR THE UNAVAILABILITY OF THE SERVICES OR UNAVAILABILITY OF THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.  SPECIFICALLY, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (D) THAT THE QUALITY, OPERATION, OR FUNCTIONALITY OF ANY OF THE SERVICE PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS.

WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.  THIS LIMITATION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS DUE TO BUSINESS INTERRUPTION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSS; (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (1) ANY ADVICE PROVIDED BY ANY EXPERT; (2) ANY CHANGES THAT WE MAY MAKE TO THE SERVICE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE (OR ANY FEATURES WITHIN THE SERVICE); (3) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE; (4) YOUR FAILURE TO PROVIDE US WITH ACCURATE PERSONAL INFORMATION OR TO COMPLY WITH THESE TERMS; (5) YOUR ABILITY TO ACCESS, OR THE AVAILABILITY OF, EXTERNAL WEBSITES OR RESOURCES (WITH HYPERLINKS ON THE SITE), OR YOUR RELIANCE ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY CONTENT OR OTHER MATERIALS ON, OR AVAILABLE FROM, SUCH WEBSITES, CONTENT, OR RESOURCES; OR (6) ANY VIRUSES, TROJAN HORSES, WORKS, TIME BOMBS, CANCELBOTS, OR ANY OTHER HARMFUL OR DELETERIOUS SOFTWARE PROGRAMS ENCOUNTERED BY YOUR USE OF THE SERVICE.

THE LIMITATIONS ON OUR LIABILITY TO YOU IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

YOU EXPRESSLY AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR ANY CONTENT OR ACT BY A USER OR THIRD PARTY THAT VIOLATES THESE TERMS, AND THAT YOU BEAR ALL RISK OF HARM OR DAMAGE RESULTING FROM THE FOREGOING.

  1. Indemnification

You shall indemnify, defend, and hold harmless Ask Jan (and its officers, directors, members managers, agents, and employees) from any costs, expenses, claims, damages, losses, liabilities, and demands, including reasonable attorneys’ fees, arising out of Your use of and access to the Service, breach or violation of the Terms, or Your violation of any law or the rights of any third-party.  In addition, You agree to defend, indemnify and hold harmless Ask Jan from any costs, expenses, claims, damages, losses, liabilities, and demands, including reasonable attorneys’ fees, which we may suffer or incur arising from any, actual or alleged patent, trademark or copyright infringement.

  1. Copyright Policy

We respect the intellectual property rights of others and we ask our users to do the same.  If You are a copyright owner or an agent thereof and believe that any of the Website Content, or other content or material on any of the Site infringes upon Your copyrights, You may submit a notification to us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3): 

  1. A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf; 
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works; 
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site; 
  4. Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address; 
  5. A statement that the owner or agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that You are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Our designated Copyright Agent for receiving notifications of claimed infringement is: 

Ask Jan for Help, LLC

[Insert Address]

Attention: [Insert Name]  

Via email to: [Insert Email Address] 

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, regardless of whether there is any repeat infringement.  

  1. Force Majeure

We shall not be liable or responsible, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

  1. Notices

All notices, demands or requests provided for or permitted to be given pursuant to these Terms must be in writing and shall be deemed to have been properly given or served by (i) depositing in the United States Mail, postpaid and registered or certified return receipt requested, (ii) hand delivery; or (iii) reputable express courier providing written receipt of delivery, and addressed to the addresses of the parties set forth herein or on purchaser’s purchase order. All notices, demands and requests shall be effective upon the date of actual receipt of the notice, demand or request by the addressee thereof. Rejection, or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to be receipt of the notice, demand or request sent. Both parties shall have the right from time to time and at any time during the term of these Terms to change their respective addresses.

  1. Construction of Agreement

Any ambiguities or uncertainties in the wording of any provision of these Terms shall not be construed or interpreted for or against any party because that party drafted or caused its legal representative to draft the provision. Unless expressly stated otherwise in these Terms, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.

  1. Miscellaneous

Waiver.  No waiver of a breach of any term of these Terms by us will be effective unless in writing and duly executed.  No such waiver will constitute a waiver of any subsequent breach of the same or any other term of these Terms.  No failure by us to exercise, and no delay in exercising, any of our rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by us of any right preclude any other or future exercise thereof or the exercise of any other right.  No course of dealing between the parties will be deemed effective to modify, amend, or discharge any part of these Terms or the rights or obligations of any party hereunder.

Entire Agreement.  Except for the Privacy Policy, these Terms contain the entire understanding of the parties with respect to use of the Service and supersede any prior agreements or understandings among the parties with respect to the subject matter hereof.  There are no representations, warranties, or obligations of any party not expressly contained herein.  

No Third-Party Beneficiaries; No Relationship.  Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. You agree that no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

Assignment.  You may not assign Your rights under these Terms, but we may assign our rights in these Terms without restriction.

Governing Law and Dispute Resolution.  ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS CONTRACT, INCLUDING THE BREACH, TERMINATION OR VALIDITY THEREOF, SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”).  THE ARBITRATION WILL TAKE PLACE IN ROCHESTER, NEW YORK.  THE ARBITRATOR SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE.  YOU AND ASK JAN AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THESE TERMS DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING.  THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THE ARBITRATION AGREEMENT WILL REMAIN IN FORCE.  

Limitations; Release.  ANY LEGAL CLAIM RELATED TO ANY EXPERT ADVICE ACCESSED THROUGH THE SITE MUST BE BROUGHT DIRECTLY AGAINST SUCH EXPERT AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS RELATED TO ANY SUCH ADVICE. YOU AND ASK JAN AGREE THAT ANY CAUSE OF ACTION AGAINST ASK JAN ARISING OUT OF YOUR USE OF OR RELATING TO THE SERVICE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Partial Invalidity.  If any provision of these Terms is held invalid or unenforceable by a competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear.  The total invalidity or unenforceability of any particular provision of these Terms will not affect its other provisions and these Terms will be construed in all respects as if the invalid or unenforceable provision were omitted.

Last Updated: August 19, 2020