exp.experience.com
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141.193.213.20
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Submitted URL: http://url7989.experiencecontent.com/ls/click?upn=u001.bAfVW3uEkyfeuDAQsDRiNi77d4OWspd1S0soZOvfPGsUc4j91w-2FGt9HdquxmiY5J3DOspc0vYuNS...
Effective URL: https://exp.experience.com/services-agreement/
Submission: On June 25 via api from US — Scanned from DE
Effective URL: https://exp.experience.com/services-agreement/
Submission: On June 25 via api from US — Scanned from DE
Form analysis 7 forms found in the DOM
<form>
<fieldset>
<legend class="visuallyhidden">Consent Selection</legend>
<div id="CybotCookiebotDialogBodyFieldsetInnerContainer">
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<div class="CybotCookiebotDialogBodyLevelButtonWrapper"><label class="CybotCookiebotDialogBodyLevelButtonLabel" for="CybotCookiebotDialogBodyLevelButtonPreferences"><strong
class="CybotCookiebotDialogBodyLevelButtonDescription">Preferences</strong></label>
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<div class="CybotCookiebotDialogBodyLevelButtonWrapper"><label class="CybotCookiebotDialogBodyLevelButtonLabel" for="CybotCookiebotDialogBodyLevelButtonStatistics"><strong
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class="CybotCookiebotDialogBodyLevelButtonSlider"></span></form>GET https://exp.experience.com
<form role="search" method="get" id="searchform" class="searchform" action="https://exp.experience.com">
<div class="search-input-wrapper animate__animated hidden">
<label id="searchLabel" for="s">
<input class="search-bar " type="text" name="s" id="s" placeholder="Search" autocomplete="off">
<input type="submit" class="search-submit" id="searchsubmit hidden" value="">
<button class="search-clear hidden" type="reset">Clear</button>
</label>
</div>
</form>Text Content
Powered by Cookiebot
* Consent
* Details
* [#IABV2SETTINGS#]
* About
THIS WEBSITE USES COOKIES
We use cookies to personalise content and ads, to provide social media features
and to analyse our traffic. We also share information about your use of our site
with our social media, advertising and analytics partners who may combine it
with other information that you’ve provided to them or that they’ve collected
from your use of their services.
Consent Selection
Necessary
Preferences
Statistics
Marketing
Show details
* Necessary 28
Necessary cookies help make a website usable by enabling basic functions like
page navigation and access to secure areas of the website. The website cannot
function properly without these cookies.
* Cookiebot
1
Learn more about this provider
1.gifUsed to count the number of sessions to the website, necessary for
optimizing CMP product delivery.
Expiry: SessionType: Pixel
* Google
1
Learn more about this provider
test_cookieUsed to check if the user's browser supports cookies.
Expiry: 0 dayType: HTTP
* Hubspot
2
Learn more about this provider
_cfuvid [x2]This cookie is a part of the services provided by Cloudflare -
Including load-balancing, deliverance of website content and serving DNS
connection for website operators.
Expiry: SessionType: HTTP
* LinkedIn
4
Learn more about this provider
bcookieUsed in order to detect spam and improve the website's security.
Expiry: 1 yearType: HTTP
li_gcStores the user's cookie consent state for the current domain
Expiry: 180 daysType: HTTP
UserMatchHistoryEnsures visitor browsing-security by preventing cross-site
request forgery. This cookie is essential for the security of the website
and visitor.
Expiry: 29 daysType: HTTP
bscookieThis cookie is used to identify the visitor through an
application. This allows the visitor to login to a website through their
LinkedIn application for example.
Expiry: 1 yearType: HTTP
* New Relic
1
Learn more about this provider
JSESSIONIDPreserves users states across page requests.
Expiry: SessionType: HTTP
* Pardot
3
Learn more about this provider
visitor_id#-hash [x3]Used to encrypt and contain visitor data. This is
necessary for the security of the user data.
Expiry: 10 yearsType: HTTP
* YouTube
3
Learn more about this provider
remote_sidNecessary for the implementation and functionality of YouTube
video-content on the website.
Expiry: SessionType: HTTP
ServiceWorkerLogsDatabase#SWHealthLogNecessary for the implementation and
functionality of YouTube video-content on the website.
Expiry: PersistentType: IDB
VISITOR_PRIVACY_METADATAStores the user's cookie consent state for the
current domain
Expiry: 179 daysType: HTTP
* exp.experience.com
g2crowd.com
hsforms.com
try.experience.com
wpenginepowered.com
www.socialsurvey.com
8
__cf_bm [x8]This cookie is used to distinguish between humans and bots.
This is beneficial for the website, in order to make valid reports on the
use of their website.
Expiry: 0 dayType: HTTP
* info.experience.com
consent.cookiebot.com
3
CookieConsent [x3]Stores the user's cookie consent state for the current
domain
Expiry: 1 yearType: HTTP
* try.experience.com
1
wpEmojiSettingsSupportsThis cookie is part of a bundle of cookies which
serve the purpose of content delivery and presentation. The cookies keep
the correct state of font, blog/picture sliders, color themes and other
website settings.
Expiry: SessionType: HTML
* www.experience.com
1
persist:rootThis cookie stores visitor credentials in an encrypted cookie
in order to allow the visitor to stay logged in on reentry, if the visitor
has accepted the 'stay logged in'-button.
Expiry: PersistentType: HTML
* Preferences 11
Preference cookies enable a website to remember information that changes the
way the website behaves or looks, like your preferred language or the region
that you are in.
* Google
1
Learn more about this provider
maps/gen_204Used in context with the website's map integration. The cookie
stores user interaction with the map in order to optimize its
functionality.
Expiry: SessionType: Pixel
* LinkedIn
1
Learn more about this provider
lidcRegisters which server-cluster is serving the visitor. This is used in
context with load balancing, in order to optimize user experience.
Expiry: 1 dayType: HTTP
* YouTube
9
Learn more about this provider
LogsDatabaseV2:V#||LogsRequestsStorePending
Expiry: PersistentType: IDB
VISITOR_INFO1_LIVETries to estimate the users' bandwidth on pages with
integrated YouTube videos.
Expiry: 179 daysType: HTTP
yt-remote-cast-availableStores the user's video player preferences using
embedded YouTube video
Expiry: SessionType: HTML
yt-remote-cast-installedStores the user's video player preferences using
embedded YouTube video
Expiry: SessionType: HTML
yt-remote-connected-devicesStores the user's video player preferences
using embedded YouTube video
Expiry: PersistentType: HTML
yt-remote-device-idStores the user's video player preferences using
embedded YouTube video
Expiry: PersistentType: HTML
yt-remote-fast-check-periodStores the user's video player preferences
using embedded YouTube video
Expiry: SessionType: HTML
yt-remote-session-appStores the user's video player preferences using
embedded YouTube video
Expiry: SessionType: HTML
yt-remote-session-nameStores the user's video player preferences using
embedded YouTube video
Expiry: SessionType: HTML
* Statistics 30
Statistic cookies help website owners to understand how visitors interact
with websites by collecting and reporting information anonymously.
* Google
6
Learn more about this provider
_gatUsed by Google Analytics to throttle request rate
Expiry: 0 dayType: HTTP
_gidRegisters a unique ID that is used to generate statistical data on how
the visitor uses the website.
Expiry: 0 dayType: HTTP
collectUsed to send data to Google Analytics about the visitor's device
and behavior. Tracks the visitor across devices and marketing channels.
Expiry: SessionType: Pixel
rc::aThis cookie is used to distinguish between humans and bots. This is
beneficial for the website, in order to make valid reports on the use of
their website.
Expiry: PersistentType: HTML
rc::cThis cookie is used to distinguish between humans and bots.
Expiry: SessionType: HTML
tdRegisters statistical data on users' behaviour on the website. Used for
internal analytics by the website operator.
Expiry: SessionType: Pixel
* Hotjar
5
Learn more about this provider
_hjSession_#Collects statistics on the visitor's visits to the website,
such as the number of visits, average time spent on the website and what
pages have been read.
Expiry: 0 dayType: HTTP
_hjSessionUser_#Collects statistics on the visitor's visits to the
website, such as the number of visits, average time spent on the website
and what pages have been read.
Expiry: 1 yearType: HTTP
_hjTLDTestRegisters statistical data on users' behaviour on the website.
Used for internal analytics by the website operator.
Expiry: SessionType: HTTP
hjActiveViewportIdsThis cookie contains an ID string on the current
session. This contains non-personal information on what subpages the
visitor enters – this information is used to optimize the visitor's
experience.
Expiry: PersistentType: HTML
hjViewportIdSaves the user's screen size in order to adjust the size of
images on the website.
Expiry: SessionType: HTML
* Hubspot
4
Learn more about this provider
__hsscIdentifies if the cookie data needs to be updated in the visitor's
browser.
Expiry: 0 dayType: HTTP
__hssrcUsed to recognise the visitor's browser upon reentry on the
website.
Expiry: SessionType: HTTP
__hstcSets a unique ID for the session. This allows the website to obtain
data on visitor behaviour for statistical purposes.
Expiry: 179 daysType: HTTP
hubspotutkSets a unique ID for the session. This allows the website to
obtain data on visitor behaviour for statistical purposes.
Expiry: 179 daysType: HTTP
* LinkedIn
1
Learn more about this provider
AnalyticsSyncHistoryUsed in connection with data-synchronization with
third-party analysis service.
Expiry: 29 daysType: HTTP
* Microsoft
5
Learn more about this provider
c.gifCollects data on the user’s navigation and behavior on the website.
This is used to compile statistical reports and heatmaps for the website
owner.
Expiry: SessionType: Pixel
_clckCollects data on the user’s navigation and behavior on the website.
This is used to compile statistical reports and heatmaps for the website
owner.
Expiry: 1 yearType: HTTP
_clskRegisters statistical data on users' behaviour on the website. Used
for internal analytics by the website operator.
Expiry: 0 dayType: HTTP
_cltkRegisters statistical data on users' behaviour on the website. Used
for internal analytics by the website operator.
Expiry: SessionType: HTML
CLIDCollects data on the user’s navigation and behavior on the website.
This is used to compile statistical reports and heatmaps for the website
owner.
Expiry: 1 yearType: HTTP
* Mouseflow
1
Learn more about this provider
mf_initialDomQueueRegisters data on visitors' website-behaviour. This is
used for internal analysis and website optimization.
Expiry: SessionType: HTML
* SalesLoft
4
Learn more about this provider
sliguid [x2]Contains an visitor ID - This is used to track visitors'
navigation and interaction on the website for internal
website-optimization.
Expiry: 1 yearType: HTTP
slirequested [x2]Contains an visitor ID - This is used to track visitors'
navigation and interaction on the website for internal
website-optimization.
Expiry: 1 yearType: HTTP
* YouTube
3
Learn more about this provider
YSCRegisters a unique ID to keep statistics of what videos from YouTube
the user has seen.
Expiry: SessionType: HTTP
yt.innertube::nextIdRegisters a unique ID to keep statistics of what
videos from YouTube the user has seen.
Expiry: PersistentType: HTML
yt.innertube::requestsRegisters a unique ID to keep statistics of what
videos from YouTube the user has seen.
Expiry: PersistentType: HTML
* wec-assets.terminus.services
1
d-a8e6Allows for tracking same session data across multiple browser tabs
and sessions.
Expiry: 1 yearType: HTTP
* Marketing 46
Marketing cookies are used to track visitors across websites. The intention
is to display ads that are relevant and engaging for the individual user and
thereby more valuable for publishers and third party advertisers.
* Meta Platforms, Inc.
3
Learn more about this provider
lastExternalReferrerDetects how the user reached the website by
registering their last URL-address.
Expiry: PersistentType: HTML
lastExternalReferrerTimeDetects how the user reached the website by
registering their last URL-address.
Expiry: PersistentType: HTML
_fbpUsed by Facebook to deliver a series of advertisement products such as
real time bidding from third party advertisers.
Expiry: 3 monthsType: HTTP
* G2Crowd
1
Learn more about this provider
_session_idThis is used to provide insights into how the company's G2
product profile influences buyer behavior by tracking visitors who
navigate between the G2 product profile and the website.
Expiry: 13 daysType: HTTP
* Google
7
Learn more about this provider
pagead/landingCollects data on visitor behaviour from multiple websites,
in order to present more relevant advertisement - This also allows the
website to limit the number of times that they are shown the same
advertisement.
Expiry: SessionType: Pixel
_gaUsed to send data to Google Analytics about the visitor's device and
behavior. Tracks the visitor across devices and marketing channels.
Expiry: 2 yearsType: HTTP
_ga_#Used to send data to Google Analytics about the visitor's device and
behavior. Tracks the visitor across devices and marketing channels.
Expiry: 2 yearsType: HTTP
_gcl_auUsed by Google AdSense for experimenting with advertisement
efficiency across websites using their services.
Expiry: 3 monthsType: HTTP
ads/ga-audiencesUsed by Google AdWords to re-engage visitors that are
likely to convert to customers based on the visitor's online behaviour
across websites.
Expiry: SessionType: Pixel
G8wUCM-P5voBELvPtdAD,8887014512Pending
Expiry: PersistentType: HTML
G8wUCM-P5voBELvPtdAD,8887014512_expiresAtPending
Expiry: PersistentType: HTML
* Hubspot
3
Learn more about this provider
__ptq.gifSends data to the marketing platform Hubspot about the visitor's
device and behaviour. Tracks the visitor across devices and marketing
channels.
Expiry: SessionType: Pixel
hs.superstore.laboratory.5279755#defaultPending
Expiry: PersistentType: IDB
viral-links/v1/trackingTracks the individual sessions on the website,
allowing the website to compile statistical data from multiple visits.
This data can also be used to create leads for marketing purposes.
Expiry: SessionType: Pixel
* LinkedIn
1
Learn more about this provider
li_sugrCollects data on user behaviour and interaction in order to
optimize the website and make advertisement on the website more relevant.
Expiry: 3 monthsType: HTTP
* Microsoft
7
Learn more about this provider
MR [x2]Used to track visitors on multiple websites, in order to present
relevant advertisement based on the visitor's preferences.
Expiry: 7 daysType: HTTP
MUID [x2]Used widely by Microsoft as a unique user ID. The cookie enables
user tracking by synchronising the ID across many Microsoft domains.
Expiry: 1 yearType: HTTP
SRM_BTracks the user’s interaction with the website’s search-bar-function.
This data can be used to present the user with relevant products or
services.
Expiry: 1 yearType: HTTP
ANONCHKRegisters data on visitors from multiple visits and on multiple
websites. This information is used to measure the efficiency of
advertisement on websites.
Expiry: 0 dayType: HTTP
SMRegisters a unique ID that identifies the user's device during return
visits across websites that use the same ad network. The ID is used to
allow targeted ads.
Expiry: SessionType: HTTP
* Mouseflow
1
Learn more about this provider
mf_#Collects data of the user's navigation and interaction on the website
in order to personalise the purchasing experience.
Expiry: 3 monthsType: HTTP
* Pardot
4
Learn more about this provider
visitor_id# [x3]Used in context with Account-Based-Marketing (ABM). The
cookie registers data such as IP-addresses, time spent on the website and
page requests for the visit. This is used for retargeting of multiple
users rooting from the same IP-addresses. ABM usually facilitates B2B
marketing purposes.
Expiry: 10 yearsType: HTTP
lpv#Used in context with behavioral tracking by the website. The cookie
registers the user’s behavior and navigation across multiple websites and
ensures that no tracking errors occur when the user has multiple
browser-tabs open.
Expiry: 0 dayType: HTTP
* SalesLoft
2
Learn more about this provider
slireg [x2]Registers user behaviour and navigation on the website, and any
interaction with active campaigns. This is used for optimizing
advertisement and for efficient retargeting.
Expiry: 6 daysType: HTTP
* Salesloft
1
Learn more about this provider
site_identityCollects data on user behaviour and interaction in order to
optimize the website and make advertisement on the website more relevant.
Expiry: 1 yearType: HTTP
* YouTube
8
Learn more about this provider
#-#Pending
Expiry: SessionType: HTML
iU5q-!O9@$Registers a unique ID to keep statistics of what videos from
YouTube the user has seen.
Expiry: SessionType: HTML
LAST_RESULT_ENTRY_KEYUsed to track user’s interaction with embedded
content.
Expiry: SessionType: HTTP
nextIdUsed to track user’s interaction with embedded content.
Expiry: SessionType: HTTP
PREFRegisters a unique ID that is used by Google to keep statistics of how
the visitor uses YouTube videos across different websites.
Expiry: 8 monthsType: HTTP
requestsUsed to track user’s interaction with embedded content.
Expiry: SessionType: HTTP
TESTCOOKIESENABLEDUsed to track user’s interaction with embedded content.
Expiry: 0 dayType: HTTP
YtIdbMeta#databasesUsed to track user’s interaction with embedded content.
Expiry: PersistentType: IDB
* api.experience.com
1
rack.sessionUsed in context with video-advertisement. The cookie limits
the number of times a user is shown the same advertisement. The cookie is
also used to ensure relevance of the video-advertisement to the specific
user.
Expiry: 0 dayType: HTTP
* assets.experience.com
1
NRBA/SESSION_IDCollects user data through quiz/survey-like content. This
allows the website to promote relevant products or services.
Expiry: SessionType: HTML
* info.experience.com
pardot.com
2
pardot [x2]Used in context with Account-Based-Marketing (ABM). The cookie
registers data such as IP-addresses, time spent on the website and page
requests for the visit. This is used for retargeting of multiple users
rooting from the same IP-addresses. ABM usually facilitates B2B marketing
purposes.
Expiry: SessionType: HTTP
* partner.experience.com
1
ps_modeUsed in context with Account-Based-Marketing (ABM). The cookie
registers data such as IP-addresses, time spent on the website and page
requests for the visit. This is used for retargeting of multiple users
rooting from the same IP-addresses. ABM usually facilitates B2B marketing
purposes.
Expiry: 3 monthsType: HTTP
* wec-assets.terminus.services
3
terminustbPending
Expiry: 0 dayType: HTTP
s-9da4Tracks the individual sessions on the website, allowing the website
to compile statistical data from multiple visits. This data can also be
used to create leads for marketing purposes.
Expiry: 0 dayType: HTTP
af0a9c7a-4db0-4ba8-be33-e51feb464bd6/t.gifPending
Expiry: SessionType: Pixel
* Unclassified 1
Unclassified cookies are cookies that we are in the process of classifying,
together with the providers of individual cookies.
* www.experience.com
1
trendsPending
Expiry: 0 dayType: HTTP
Cross-domain consent3 Your consent applies to the following domains:
List of domains your consent applies to: try.experience.com exp.experience.com
www.experience.com
Cookie declaration last updated on 15.02.24 by Cookiebot
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[#IABV2_BODY_INTRO#]
[#IABV2_BODY_LEGITIMATE_INTEREST_INTRO#]
[#IABV2_BODY_PREFERENCE_INTRO#]
[#IABV2_LABEL_PURPOSES#]
[#IABV2_BODY_PURPOSES_INTRO#]
[#IABV2_BODY_PURPOSES#]
[#IABV2_LABEL_FEATURES#]
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Services Agreement - Experience.com Skip to content
* Solutions
* Experience Solutions
Reputation Platform
Top search rankings at every business level, with the most gamified and
powerful search rank calculator.
Customer Experience Platform
Make every moment matter more, automatically collect and analyze meaningful
insights to power your next best action.
Employee Experience Platform
Power you people to do their best work with automated, real time feedback,
advanced analytics and a tailored Employee Experience Program.
* Industries
Mortgage Mortgage Marketers Mortgage Wholesale Software SaaS Sales SaaS
Support Banking Real Estate Call Center
* Insurance
Insurance Insurance Marketers Insurance Claims Healthcare Legal Hospitality
Automotive Financial Services Multi-Location Brands
* Teams
All Teams Marketing Sales Support & Success Operations & Finance Technology
Human Resources Experience Team
* Platform
* Power Growth
Reputation Experience Platform Search Rank Score Search Business Listings
AI Reply Referral Center Partner Promotion Online Reviews
* Collect, Analyze & Act
Customer Experience Platform CX Surveys Dashboards Social Compliance
Performance Scorecards Advanced Analytics
* Engage Your People
Employee Experience Platform EX Surveys Maximize YOUR Moments Advanced
Analytics
* Company
* Our Team
Being a WOWzer Job Opportunities In The News
* Support
Resource Center Developer Portal Help Center API Documentation Login
* Learn
Case Showcase Blog
* Partners
* Request a demo
* Login
* Support
*
*
Clear
* Solutions
* Experience Solutions
Reputation Platform
Top search rankings at every business level, with the most gamified and
powerful search rank calculator.
Customer Experience Platform
Make every moment matter more, automatically collect and analyze meaningful
insights to power your next best action.
Employee Experience Platform
Power you people to do their best work with automated, real time feedback,
advanced analytics and a tailored Employee Experience Program.
* Industries
Mortgage
Mortgage Marketers
Mortgage Wholesale
Software
SaaS Sales
SaaS Support
Banking
Real Estate
Call Center
* Insurance
Insurance
Insurance Marketers
Insurance Claims
Healthcare
Legal
Hospitality
Automotive
Financial Services
Multi-Location Brands
* Teams
All Teams
Marketing
Sales
Support & Success
Operations & Finance
Technology
Human Resources
Experience Team
* Platform
* Power Growth
Reputation Experience Platform
Search Rank Score
Search
Business Listings
AI Reply
Referral Center
Partner Promotion
Online Reviews
* Collect, Analyze & Act
Customer Experience Platform
CX Surveys
Dashboards
Social Compliance
Performance Scorecards
Advanced Analytics
* Engage Your People
Employee Experience Platform
EX Surveys
Maximize YOUR Moments
Advanced Analytics
* Company
* Our Team
Being a WOWzer
Job Opportunities
In The News
* Support
Resource Center
Developer Portal
Help Center
API Documentation
Login
* Learn
Case Showcase
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Request a demo Login Support
Home Services Agreement
SERVICE AGREEMENT FOR WWW.EXPERIENCE.COM
Experience.com
Services Agreement for Search Rank Platform Services
Please Read Carefully.
Dated: January 23, 2024
This Services Agreement (“Agreement”) is between BuyersRoad, Inc. d/b/a
Experience.com (“Experience.com,” “we,” “our,” and “us”) and you (“you” and
“your”) and governs your access to and use of our search rank platform (the
“Platform”), including without limitation any content and/or materials located
on the Platform, as well as any related products, services, optional features
and/or upgrades (collectively, the “Services”). By accessing and/or using our
Services, you also agree to the Privacy Notice applicable to the Services
(“Privacy Notice”), located at https://www.experience.com/privacy-policy/, and
consent to any personal information we may obtain about you being collected,
stored and/or otherwise processed in accordance with our Privacy Notice and this
Agreement.
By checking the “Claim” or “Claim Profile” button below and/or by accessing or
using the Services, you acknowledge and agree that you have read, understand and
agree to be bound by all of the terms and conditions set forth in this
Agreement, as well as all other applicable rules or policies, terms and
conditions or agreements that are or may be established by Experience.com from
time to time, and the foregoing shall be incorporated herein by reference. If an
individual agrees to this Agreement on behalf of a legal entity, such individual
represents that the individual has the legal authority to bind such entity. If
you do not agree to this Agreement, do not use the Services.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND EXPERIENCE.COM
WILL BE RESOLVED BY INDIVIDUAL MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY
RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE
ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING. YOU ALSO WAIVE
YOUR RIGHT TO RECEIVE A TRIAL BY JURY.
1. OVERVIEW
Experience.com’s Platform contains the professional profiles of millions of
individuals from various businesses and industries which Experience.com has
compiled from many public sources, records and databases. Users of the Services
will be able to “claim” their profiles and enhance them with additional
information, such as users’ address(es), services offered, hours of operation,
connections, reviews, memberships, awards, hobbies and licenses. Through
various features of the Services (including without limitation web analytics,
listing management and integrations with other sites and services), these
enhanced profiles will be publicly available and will increase users’ prominence
in internet searches, enabling users to expand their visibility and stimulate
business opportunities. If you are accessing and/or using the Services, you
agree to access and/or use such Services only in accordance with the applicable
terms and conditions contained in this Agreement and as further described
herein.
2. CHANGES TO AGREEMENT
Experience.com may, at any time, for any reason, make changes to the Services
and/or modify this Agreement in its sole and absolute discretion. If we make
changes and/or modifications that affect your use of and/or access to the
Services, we will post notice of the change and/or modification on this
Agreement page and change the ‘Updated’ date set forth above. You agree that
your continued use of the Services following changes and/or modifications will
constitute your acceptance of such changes and/or modifications. We may also
provide you with additional forms of notice as appropriate under the
circumstances. If you do not agree to the changes, you shall not use the
Services offered after the effective date of the changes and/or modifications.
Please revisit this Agreement regularly to ensure that you stay informed of any
changes and/or modifications. Experience.com also reserves the right to post,
from time to time, additional rules of usage that apply to specific parts of the
Services, which may be posted in the relevant portion of the Services. Your
continued use of the Services constitutes your agreement to such additional
rules.
3. PRIVACY NOTICE
For information regarding collection, use, and disclosure of your information,
please review our Privacy Notice. You agree to our Privacy Notice and consent
to any personal information we may obtain about you being collected, stored,
and/or otherwise processed in accordance with the Privacy Notice and this
Agreement.
4. USE OF THE SERVICES
Right to Use. This Agreement permits you to use the Services only for your
internal purposes. By using the Services and accepting this Agreement: (i)
Experience.com grants you a limited, nonexclusive, non-transferable,
non-sublicensable, revocable right to access and/or use the Services and
information provided therein in accordance with the terms and conditions set
forth herein and any additional terms, conditions and policies set forth by
Experience.com; and (ii) except as expressly permitted in this Agreement, you
agree not to reproduce, modify, distribute, create derivative works from,
publicly display, publicly perform, republish, download, transmit, store,
license, sell and/or re-sell any content and/or information obtained from and/or
accessed through the Services without the express written permission of
Experience.com. Notwithstanding the foregoing subsection (ii), your computer may
temporarily store copies of information required for you to access and view the
information and you may store files that are automatically cached by your
browser for display enhancement purposes. If you use or provide any other
person with access to any part of the Services in breach of this Agreement, your
right to use the Services will stop immediately. Neither this Agreement nor your
use of the Services convey and/or grant to you any rights: (a) in or related to
the Services except for as expressly set forth herein; or (b) to use
Experience.com’s names, logos, product and service names, trademarks, or
services marks or those of Experience.com’s licensors.
Access to Services. Experience.com retains the right, in its sole discretion,
to deny service and/or access to and/or use of the Services to anyone at any
time and for any reason. While we use reasonable efforts to keep the Services
accessible, the Services may be unavailable from time to time. You understand
and agree that there may be interruptions to the Services due to circumstances
within our control and outside of our control. You acknowledge and agree that
the use of the Services is at your own risk, including without limitation the
risk that you might be exposed to content that is offensive, indecent,
inaccurate and/or objectionable. Please note that the Services contain access to
third-party content and other interactions over which we have no control. We
assume no responsibility for, nor do we endorse, screen, or approve User Content
(as defined in Section 7), or third-party content, offerings, or other materials
made available to you within the Services, or the conduct of parties who use the
Services. The Services may be modified, updated, suspended and/or discontinued
at any time as determined by Experience.com in its sole and absolute discretion
and without notice and/or liability.
Eligibility. To access and/or use the Services, you must be at least eighteen
(18) years of age, or must obtain the consent of your parent or guardian. By
accessing and/or using the Services, you represent and warrant that you are at
least eighteen (18) years of age or have obtained the consent of your parent or
guardian. The ‘Children’s Online Privacy Protection Act’ requires that
companies obtain verifiable parental consent before they knowingly collect
personal information online from children under the age of thirteen (13). We do
not knowingly collect or solicit information from children under the age of
thirteen (13). If we learn we have collected personal information from a child
under the age of thirteen (13), we will delete the information. If you think
someone under the age of thirteen (13) has provided us with personal
information, please contact us at support@experience.com.
Creating an Account. You will need to register for an account in order to
access and use certain components of the Services. You agree to provide true,
accurate, and current information in connection with your access to and/or use
of such Services and your account (if applicable). You may be asked to provide
certain information to access certain portions of the Services or to receive
certain resources made available by Experience.com. You must ensure that any
user IDs and other access credentials are kept strictly confidential and not
shared with any unauthorized person. From time to time, we may restrict access
to all or part of the Services as we may determine in our sole discretion. You
will comply with all applicable laws, rules, and/or regulations when accessing
and/or using the Services. You are responsible for making necessary arrangements
to use the Services, such as securing a device and/or internet access. You are
responsible for ensuring that all persons who access the Services through your
device and/or internet connection are aware of this Agreement and comply with
this Agreement. You agree to notify Experience.com immediately of any
unauthorized access to or use of the Services or any other breach of security.
Data Security; Unauthorized Access. You acknowledge and agree that
Experience.com utilizes third-party service providers to host and provide the
Services and store your User Content, and the protection of such data will be in
accordance with such third party’s safeguards for the protection and the
security and confidentiality of data. You are responsible for properly
configuring and using the Services and taking appropriate steps to maintain
security, protection, and backup of all of your User Content. Experience.com is
not responsible for any unauthorized access to, alteration of, or the deletion,
destruction, damage, loss, or failure to store any of, your User Content and
data or other information that you submit and/or use in connection with the
Services (including as a result of your errors, acts, or omissions).
Communications. You agree to receive certain communications in connection with
the Services. When you use the Services, you are communicating with us
electronically, and you consent to receive communications from us
electronically. We will communicate with you by e-mail and/or by posting
notices on the Services. You acknowledge and agree that all agreements, notices,
disclosures and/or other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing. Certain
electronic communications from Experience.com may include promotional and
advertising material and information about Experience.com, unless or until you
elect to opt-out of receiving such communications by clicking the unsubscribe
link and/or by notifying us at support@experience.com that you no longer desire
to receive promotional communications from us.
Your Conduct and Responsibilities. Experience.com grants you the rights set
forth herein, subject to the following conditions:
1. You represent and warrant to Experience.com that (i) all information
provided to Experience.com by you is true, complete, and accurate in all
respects, and (ii) you are authorized to submit information to
Experience.com;
2. You shall not modify, disassemble, reverse engineer, or otherwise reduce to
human-perceivable form all or any part of the Services;
3. You may not access all or any part of the Services in order to build a
product or service which competes with the Services;
4. You shall not copy or imitate part or all of the design, layout, or
look-and-feel of the Services or individual sections of it, in any form or
media;
5. You are only authorized to view, use, copy for your records and download
small portions of the content on the Services for your informational,
non-commercial use; provided that you leave all copyright and other
proprietary notices intact;
6. You are responsible for the accuracy and quality of the information and
content that you submit and will not violate the intellectual property
rights of anyone;
7. You agree to act in accordance with all applicable laws, rules and
regulations;
8. You shall not imply that content provided by you is in any way sponsored
and/or endorsed by Experience.com;
9. You agree not to intentionally hold Experience.com and/or its officers,
directors, employees, contractors and/or third-party service providers up
to public scorn, ridicule, or defamation;
10. You will use commercially reasonable efforts to prevent unauthorized access
to and/or use of the Services, and notify Experience.com promptly of any
such unauthorized access and/or use;
11. You will not attempt to do any of the following: access data not intended
for you, monitor the Services for data gathering purposes and/or interfere
with the Services in relation to any user in any manner;
12. You will not attack the Services via a denial-of-service attack or a
distributed denial-of-service attack; and/or
13. You shall not use the Services for any unlawful purpose and/or to violate
any federal, state, international law, code of conduct and/or other
guidelines which may be applicable to the Services provided.
Confidentiality. During your access to and/or use of the Services, you may have
access to certain information of Experience.com that is not generally known to
others including any and all information relating to Experience.com and its
business, such as, its business, legal, and operational practices, financial,
technical, design, performance characteristics, commercial, marketing,
competitive advantage or other information concerning its business and affairs,
partnerships and potential partnerships, business model, fee structures,
employees, funding opportunities, metrics, algorithms, techniques, formulas,
processes, know-how, systems, ideas, inventions (whether or not patentable or
copyrighted), feedback, procedures and techniques that have been or may
hereafter be provided or shown to you, regardless of the form of the
communication (collectively, “Confidential Information”). You will use best
efforts to protect and prevent any access to Confidential Information.
EXCEPT AS PERMITTED HEREIN, THE COMMERCIAL USE, REPRODUCTION, TRANSMISSION OR
DISTRIBUTION OF ANY INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICES
WITHOUT THE PRIOR WRITTEN CONSENT OF EXPERIENCE.COM IS STRICTLY PROHIBITED.
Experience.com shall not be subject to any obligations of confidentiality
regarding any information and/or materials submitted through the Services except
as otherwise specified in this Agreement and/or the Privacy Notice and/or as set
forth in any additional terms and conditions relating to specific products
and/or services utilized by Experience.com in conjunction with the Services,
and/or as otherwise required by law. Experience.com may take appropriate legal
action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Services. We have the right to cooperate
fully with any law enforcement authorities or court order requesting or
directing us to disclose the identity or other information of anyone posting any
materials on or through the Services. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS
EXPERIENCE.COM AND ITS LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY EXPERIENCE.COM DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER EXPERIENCE.COM OR LAW ENFORCEMENT AUTHORITIES.
5. FEES
Fees. A basic subscription enabling you to “claim” your profile is available
free of charge. Experience.com also offers different types of Service plans and
packages as described at https://www.experience.com/pricing/ and the fees
associated with such plans will be provided at the time of your purchase.
Depending upon the plan selected, the subscription term will be a minimum of one
year in length, and subscription fees will generally be payable either monthly
or annually in advance. Experience.com reserves the right to change any fees or
charges (or to begin charging fees for any free Services) at any time. All fees
due and payable to Experience.com are non-refundable, and must be paid in full
without any deduction, set-off, counterclaim or withholding of any kind unless
required by law. Experience.com may charge interest of one and one-half percent
(1.5%) per month if fees are not paid on or before the due date. In the event
that fees are not paid within seven (7) days after the due date, Experience.com
may, in addition to other available remedies, suspend your access to all or part
of the Services.
Taxes. Experience.com’s charges do not include any taxes, levies, duties, or
similar governmental assessments of any nature, including but not limited to
value-added, sales, use, or withholding taxes, assessable by any local, state,
provincial, federal, or foreign jurisdiction (collectively, “Taxes“), and you
are responsible for paying all Taxes (if any) associated with the charges
hereunder.
Payment Method. Upon Experience.com’s request, you agree to promptly provide
payment information to Experience.com, as applicable. You authorize
Experience.com and/or its third-party payment processor(s) to automatically
charge the payment account for the charges. If your payment account is closed,
the account information is changed, or a charge is rejected by your payment
account, you shall immediately update the payment account or supply a new
payment account, as appropriate.
Third-Party Payment Processor(s). Experience.com may use one or more
third-party payment processor(s) to execute payment transactions.
Experience.com may choose, in its sole discretion, to implement different
third-party payment processor(s) at any time. By using our Services and
agreeing to this Agreement, you also agree to be bound by each applicable
third-party payment processor’s terms of service. Any authorization you provide
to make automatic payments using the Services will remain in effect until
canceled per the terms of selected Service. You are responsible for all
transactions processed through the Services and/or the third-party payment
processor(s).
6. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical
errors, inaccuracies, and/or omissions that may relate to services and/or
products descriptions, pricing, promotions, offers, and availability. We
reserve the right to: (i) revoke any stated offer; (ii) correct any errors,
inaccuracies, and/or omissions; and/or (iii) make changes to prices, content,
offers, services and/or product descriptions, specifications, and/or other
information without obligation to issue any notice of such changes. We also
reserve the right to limit quantities and or capacity (including after an order
has been submitted and/or acknowledged) and to revise, suspend, and/or terminate
an event, and/or promotion at any time without notice (including after an order
or registration has been submitted and/or acknowledged). Experience.com shall
not be liable for any promotions, discounts and/or coupons on Third-Party
Services (as defined in Section 14 below).
7. OWNERSHIP
Services and Data. Excluding your User Content, Third-Party Services and
content linked to or posted on the Services, the Services and their entire
contents including but not limited to the Experience.com name, logos, graphics
and other information and material we provide through the Services are the
property of and owned by Experience.com, its licensors, or other providers of
such material and are protected by United States and international copyright,
trademark, patent, trade secret and other intellectual property or proprietary
right laws. Any redistribution or reproduction of part or all of the contents of
the Services, including but not limited to text, graphics, images, photographs,
videos, illustrations, trademarks, trade names, service marks, trade dress,
logos, and slogans is prohibited. As between the parties, Experience.com and/or
its licensors are the owner of and retain all right, title and interest in: (i)
all content and information provided by Experience.com; and (ii) any data or
metadata created, aggregated, or generated by access to and/or use of the
Services, including but not limited to data or insights collected from the
Services or provided to Experience.com in connection with your use of the
Services. Subject to the limited rights expressly granted hereunder,
Experience.com and/or its third-party licensors reserve all right, title and
interest in and to the Services and related information, including without
limitation all related worldwide intellectual property rights. No rights are
granted to you hereunder other than as expressly set forth herein. Any use of
the Services not expressly permitted by this Agreement is a breach of this
Agreement and may violate copyright, trademark, and other laws. The
Experience.com name and logo are trademarks and/or service marks of
Experience.com (the “Marks”) and we retain all right, title, and interest in and
to the Marks.
User Generated Content. During the course of your access to and/or use of the
Services, you or other users may enter, post and/or upload content and
information on the Services and through communication facilities that may be
offered on, though, and/or in connection with the Services from time to time
(collectively, “User Content”). You and/or your licensors shall have exclusive
title and ownership rights, including all intellectual property rights,
throughout the world in all of your User Content. In connection with your use of
the Services, you hereby grant Experience.com a nonexclusive, worldwide,
royalty-free, fully paid up, transferable, sublicensable (through multiple
tiers), perpetual, irrevocable license to copy, display, transmit, perform,
distribute, store, modify, and otherwise use your User Content in connection
with the Services in any form, medium or technology now known or later
developed, including publication and use in marketing materials and/or on any
Third-Party Services integrated into the Services. This license includes the
right for us to make your User Content available and sublicense rights to other
entities and individuals who partner with us in the delivery of the Services,
including the right to move your User Content to another platform.
Experience.com and our third-party service providers will be able to see your
User Content that you post on the Services and you hereby irrevocably grant such
parties the right to access and/or use your User Content in connection with
their use of the Services in accordance with this Agreement or in connection
with providing the Services. You alone are responsible for your User Content,
and once published, it cannot always be withdrawn or deleted. You assume all
risks associated with your User Content, including anyone’s reliance on its
quality, accuracy, and/or reliability. You also represent that you own, and/or
have the necessary permissions to use and authorize use of your User Content as
described in this Agreement. If you obtain personal information from other
users, this personal information shall only be used for Services related
communications, unless otherwise approved by the user in writing.
Experience.com has not granted you a license to use personal information for
unsolicited messages. Without limiting the foregoing, without express consent
from the user, you are not licensed to add any Services user to your email or
physical mail list.
Please carefully choose the User Content that you post on, through and/or in
connection with the Services and that you provide to other users. By posting
your User Content on the Services, it is possible for a third party to re-post
that User Content. You agree to indemnify, defend, and hold Experience.com
harmless from any dispute concerning the foregoing use. You also agree to pay
all royalties, fees, and any other monies owed to any person by reason of any
User Content. Notwithstanding anything herein to the contrary, Experience.com
does not endorse any User Content in any way. You acknowledge and agree that
you have no expectation of privacy with regard to any User Content. We may
delete or remove User Content, in our sole and absolute discretion, if we
believe such User Content may violate any terms of use and/or other policies, or
may infringe upon another person’s intellectual property rights, other rights or
threatens the personal safety of users of the Services or the public.
Experience.com may preserve your User Content and may also disclose your User
Content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal
process, applicable laws or government requests; (b) enforce this Agreement; (c)
respond to claims that any of your User Content violates the rights of third
parties; or (d) protect the rights, property, or personal safety of
Experience.com, its users and/or the public. The technical processing and
transmission of your User Content may involve transmissions over various
networks and changes to conform to technical requirements of connecting networks
or devices. Notwithstanding anything herein to the contrary, Experience.com is
not obligated to take any action not required by law. If you become aware of
misuse of the Services by any person, please contact us at
support@experience.com.
User Content Restrictions. User Content shall not contain any unauthorized
content which includes but is not limited to:
1. content determined by Experience.com, in its sole discretion, to be illegal,
or to violate any federal, state, or local law or regulation or the rights
of any other person or entity;
2. harmful, offensive, inaccurate, abusive, or otherwise inappropriate language
including without limitation, bigotry, racism, discrimination, hatred, or
profanity;
3. comments or contributions that are not relevant to the Services, such as
comments or content with no qualitative value or that are not appropriate
based on the applicable subject matter as determined by Experience.com in
its sole discretion;
4. content and/or communications that publicize other people’s private
information without their permission;
5. information about illegal activities or physical harm or injury to any
group, individual, institution and/or property;
6. content that contains personal attacks or describes physical confrontations
and/or sexual harassment;
7. language intended to impersonate other users (including names of other
individuals) or to be offensive or inappropriate profile names or
signatures; and/or
8. content or any communications that contain viruses, trojan horses, worms,
time bombs, cancelbots or other computer programming routines that are
intended to damage, interfere with, intercept, or appropriate any system,
data, or personal information.
We are not obligated, but reserve the right to remove or suspend, in whole or
part, your User Content if it violates this Agreement and the user content
restrictions described herein or any other applicable user content restrictions,
as updated from time to time.
Any user who has “claimed” their profile may request that Experience.com remove
their profile from the Platform. Such removal may take up to 14 weeks to
process.
Feedback. Please keep in mind that we do not seek any unsolicited ideas and/or
materials for the Services. If you provide us with any feedback, suggestions,
improvements, reviews, enhancements, recommendations relating to the Services
(“Feedback”), then you further grant to Experience.com a worldwide, perpetual,
irrevocable, royalty-free license to use and incorporate any such Feedback.
Experience.com has no obligations to review any Feedback and may use and
redistribute Feedback for any purpose without restriction in its sole and
absolute discretion.
8. PROHIBITED USE AND CONDITIONS
We prohibit crawling, scraping, caching and/or otherwise accessing any content
on the Services via automated means (except with Experience.com’s express
written consent). You may not use the Services in any manner that could damage,
disable, overburden, and/or impair the Services and/or interfere with any other
party’s use and/or enjoyment of the Services. You may not obtain and/or attempt
to obtain any materials and/or information through any means not intentionally
made available and/or provided for through the Services. You may not interfere
with the proper working of the Services, including without limitation by placing
an unreasonable load on the Services’ infrastructure.
9. USER DISPUTES
You are solely responsible for interactions with other users. Experience.com
reserves the right, but has no obligation, to monitor disputes between users of
the Services and has the right, but is not obligated, to do any or all of the
following:
1. record the dialogue within the Services;
2. examine an allegation that a communication(s) does not conform to this
Agreement and determine in its sole discretion to remove or request the
removal of the communication(s);
3. remove and/or delete communications that are abusive, illegal, or
disruptive, or that otherwise fail to conform with this Agreement and/or the
community feel and spirit of the Services, as determined by Experience.com
in its sole and absolute discretion;
4. terminate a user’s access to the Services upon any breach of this Agreement;
5. monitor, edit, or disclose any communication provided through the Services;
and
6. edit or delete any communication(s) posted on the Services, regardless of
whether such communication(s) violate the terms and conditions set forth
herein.
Experience.com reserves the right to take any action it deems necessary to
protect the personal safety of our users or the public. Experience.com has no
liability or responsibility to users of the Services or any other person or
entity for performance or nonperformance of the aforementioned activities.
Experience.com does evaluate or control in any ongoing manner exchanges between
users. Any opinions or statements expressed by a user are those of the user
alone, and are not to be attributed to Experience.com. Experience.com cannot
and does not assume responsibility for the accuracy, completeness, safety,
reliability, timeliness, innocuousness, legality, or applicability of anything
said, written, posted, displayed, or otherwise made available by any user.
Please use caution, common sense, and safe practices when using the Services.
10. TERMINATION
Experience.com reserves the right, in its sole and absolute discretion, to block
you or terminate your access to the Services or any portion thereof at any time,
without notice, without liability and for any reason including without
limitation if Experience.com suspects, in its sole and absolute discretion, that
you (by information, investigation, conviction, settlement or otherwise) have
violated any of the terms and conditions set forth herein, the Privacy Notice,
any other policies provided by Experience.com, or if you engage (or we suspect
you have engaged) in an improper or fraudulent manner in connection with your
access to and/or use of the Services. In the event you share the access granted
hereunder with any person or entity, and/or misuse the Services by any means
actionable under a federal, state, and/or local statute, code, regulation, law,
and/or civil action, Experience.com will consider your access as having been
acquired by fraud and/or misrepresentation and will terminate your access
immediately, without liability. In such event, Experience.com retains the right
to seek civil and/or criminal redress, the entire cost of which shall be borne
solely by you.
If we terminate your account or block you from our Services, you may not access
and/or use our Services and you shall not subscribe under a new account unless
formally invited by Experience.com. If you commit fraud and/or falsify
information in connection with your use of the Services, you shall be liable for
any and all damages that we suffer, and we may pursue legal action through
relevant local and national law enforcement authorities and may notify your
‘Internet Service Provider’ of any fraudulent activity we associate with you
and/or your access to and/or use of the Services. Upon termination, the
provisions of this Agreement which are by their nature intended to survive
termination (including without limitation any disclaimers, limitations of
liability and indemnities) shall survive such termination.
11. INDEMNIFICATION AND WAIVER
You shall release, indemnify, defend and hold harmless Experience.com, its
officers, directors, agents, employees, contractors, subcontractors, suppliers,
service providers and representatives from and against any and all claims,
demands, proceedings, losses, costs, damages, awards, fees, expenses, or
liabilities of any nature including reasonable attorneys’ fees (“Claims”)
arising out of and/or relating to (i) User Content submitted and/or posted by
you, in connection with the Services; (ii) any use of the Services in violation
of this Agreement; (iii) your violation of any law and/or the rights of a third
party; (iv) your use of the Services; (v) any breach of this Agreement by you or
your representatives; and/or (vi) fraud you commit and/or your intentional
misconduct and/or negligence. You shall give prompt notice to Experience.com in
writing upon your receipt of notice of any Claim against you that might give
rise to a Claim against Experience.com. You will allow us to participate in the
defense, and will not settle any Claim without our prior written consent. We
reserve the right, at our own expense, to assume the exclusive defense of any
matter otherwise subject to indemnification by you. In that event, you will have
no further obligation to defend us in that matter.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SERVICES, AND ANY CONTENT, ARE PROVIDED BY EXPERIENCE.COM TO
YOU ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS,
STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY AND COMPLETENESS, AND FROM COURSE OF DEALING, USAGE
AND/OR TRADE PRACTICE, ALL OF WHICH EXPERIENCE.COM EXPRESSLY DISCLAIMS. WITHOUT
LIMITING THE FOREGOING, EXPERIENCE.COM AND/OR ITS LICENSORS MAKE NO WARRANTY
THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY
AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (B) THE RESULTS THAT
MAY BE OBTAINED FROM THE ACCESS TO AND/OR USE OF THE SERVICES WILL BE EFFECTIVE,
ACCURATE AND/OR RELIABLE; AND/OR (C) EXPERIENCE.COM WILL NOT BE LIABLE AND/OR
OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES AND/OR
ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN,
OBTAINED BY YOU FROM EXPERIENCE.COM OR THROUGH YOUR ACCESS TO AND/OR USE OF THE
SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
EXPERIENCE.COM MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL
LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OF THE SERVICES OR THIRD PARTY,
(ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY SERVICES LISTED ON OR ACCESSIBLE TO
YOU THROUGH THE SERVICES, INCLUDING ANY THIRD-PARTY SERVICES INTEGRATED INTO THE
SERVICES, (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY OR USER YOU ENCOUNTER
IN CONNECTION WITH YOUR USE OF THE SERVICES, AND/OR (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICES.
13. LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL
EXPERIENCE.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, SERVICE
PROVIDERS, SUPPLIERS AND/OR OTHER REPRESENTATIVES BE LIABLE TO YOU AND/OR ANYONE
ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE
DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR
PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY
OTHER LEGAL OR EQUITABLE THEORY, EVEN IF EXPERIENCE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY
NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY EXPERIENCE.COM, ITS
EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND/OR INCIDENTAL
DAMAGES, IN SUCH STATES, EXPERIENCE.COM’S LIABILITY IS LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IN THE EVENT YOU ARE
DISSATISFIED WITH THE SERVICES, RELATED SERVICES AND/OR HAVE ANY OTHER
GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE RIGHT TO DISCONTINUE
ACCESS TO AND/OR USE OF THE SERVICES.
EXPERIENCE.COM’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU
SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE FEES PAID OR PAYABLE BY
YOU TO EXPERIENCE.COM IN THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE EVENT(S)
GIVING RISE TO THE CLAIM.
YOU HEREBY AGREE TO RELEASE EXPERIENCE.COM, ITS AFFILIATES AND SUBSIDIARIES, IF
ANY, AND THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND
VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND
UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES. If you are a California
resident, you hereby waive California Civil Code Section 1542, which states, “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 1027 settlement with the debtor.”
If you are a resident of another jurisdiction in which any other statute or
common law principles of similar effect applies, you waive the application of
such statute or common law with respect to the claims, demands and damages
(actual and consequential) released under this Section.
14. THIRD-PARTY CONTENT, LINKED SITES, THIRD-PARTY SERVICES, AI FEATURES
Third Party Content. Experience.com may provide access to content provided by
third parties, including, without limitation, information, dialogue, opinions,
stories, advice, statistical data, text, software, music, sound, photographs,
graphics, video, messages, and other materials, whether publicly or privately
posted to or otherwise transmitted through the Services (“Third-Party Content”).
The third party from whom or which any such Third-Party Content originates is
solely responsible for it and Experience.com assumes no responsibility to
verify, has no control or influence over, makes no representations regarding,
and does not guarantee the accuracy, integrity, or quality of any Third-Party
Content. Accordingly, Experience.com does not control or endorse such
Third-Party Content and has no liability of any kind to you or any third party
for any Third-Party Content. Statements of opinion and commentary in Third-Party
Content are those of the third party and not necessarily those of
Experience.com.
Linked Sites. The Services may provide links to various other independent
third-party websites (“Linked Sites”) that may be of interest to you and are for
your convenience only. Experience.com does not control or endorse such Linked
Sites and is not responsible for their content nor is it responsible for the
accuracy or reliability of any information, data, opinions, advice and/or
statements contained within such Linked Sites. You will need to make your own
independent judgment regarding your interaction with these Linked Sites at your
own risk. We encourage you to be aware when you leave the Services and to read
the terms and conditions and privacy policy of each Linked Site that you visit.
Experience.com reserves the right to terminate any link and/or linking program
at any time in its sole and absolute discretion. We disclaim all warranties,
express and implied, as to the accuracy, validity, and legality and/or otherwise
of any materials and/or information contained on such Linked Sites.
Third-Party Services. There may be third-party products, services, software,
and/or social networks (collectively “Third-Party Services”) integrated into the
Services. Please be aware that Experience.com is not affiliated with any
Third-Party Services or the companies or providers that own or control such
Third-Party Services. You agree to release Experience.com and such third-party
providers from any liability related to your use of any Third-Party Services or
any costs or charges related to such Third-Party Services. In order to use any
Third-Party Services, you may be required to agree to that company’s terms and
conditions and/or privacy policy. You agree to comply with the foregoing when
using the Services. Where you decide to use such Third-Party Services,
Experience.com is not a party to any contracts created between you and the
provider of such Third-Party Services. Experience.com is not responsible or
liable, indirectly or directly, for any damage or loss caused or alleged to be
caused by or in connection with any Third-Party Services.
AI Features. Experience.com may include one or more artificial intelligence
(“AI”) features, which may be integrated as part of our Services or used to
develop a portion of the content and/or product offerings provided to
you. While we believe AI provides valuable insights that may assist in both
functionality and ease of the content and/or services provided, please note that
information produced by AI may not be completely accurate, up to date or
applicable for all situations. Experience.com does not make any warranties
about the completeness, reliability and/or accuracy of this AI generated
information. Any action you take upon the AI generated information you find or
the AI features you use in connection with our Services, is strictly at your own
risk.
15. NO PROFESSIONAL ADVICE
The information available on the Services is intended to be a general
information resource regarding the matters covered. The Services are not a
substitute for professional advice, and you should not construe this as legal,
accounting, medical and/or other professional advice.
16. COPYRIGHT AND TRADEMARK POLICY
We reserve the right to block access to and/or remove material that we believe
in good faith to be copyrighted material that has been illegally distributed by
you and/or other third parties and remove and discontinue service to repeat
offenders. Should you believe anything in the Services infringes on any
copyright that you own or the copyright of others, you may notify the copyright
agent (“Copyright Agent”) at Experience.com, Inc., Attn: Copyright Agent, 2010
Crow Canyon Place, Ste. 100, San Ramon, CA 94583-1344, or at
support@experience.com. We will respond to clear notices of copyright
infringement when you provide the following information: (i) signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; (ii) description of the copyrighted work that is claimed to
be infringed upon; (iii) description of where the material that is claimed to be
infringed upon is located in the Services; (iv) information reasonably
sufficient to permit contact (i.e., an address, telephone number, and an e-mail
address at which the complaining party may be contacted); (v) statement that the
complaining party has a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and (vi) statement by
the complaining party, made under penalty of perjury, that complaining party is
authorized to act on behalf of the intellectual property owner of the right that
is allegedly infringed.
The Copyright Agent will not remove content from the Services in response to
phone or email notifications regarding allegedly infringing content, since a
valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright
owner or by a person authorized to act on his or her behalf. Please submit such
notifications by mail only and as further described by this Section. The
Copyright Agent should be contacted only if you believe that your work has been
used or copied in a way that constitutes copyright infringement and that such
infringement is occurring in the Services. All other inquiries directed to the
Copyright Agent will not be responded to.
17. DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER
Disputes. We want to address your concerns without filing a formal legal case.
Before filing a claim against Experience.com, you agree to try to resolve the
dispute informally by sending a letter to us describing your claim to:
Experience.com, Attn: Legal Department, 2010 Crow Canyon Place, Ste. 100, San
Ramon, CA 94583-1344. We will try to resolve the dispute by contacting you via
email, but if we cannot resolve the dispute within thirty (30) days after
submission (or within a time period as otherwise agreed to by both parties), you
and/or Experience.com agree to resolve any claims related to this Agreement
through final and binding arbitration. Any and all controversies, disputes,
demand, counts, claims, or causes of action (collectively, “Actions”) between
you and Experience.com or Experience.com employees, directors, officers, agents,
successors, or assigns, shall exclusively be settled through binding and
confidential arbitration, except as set forth under ‘Exceptions to Agreement to
Arbitrate’ or for any claims that you or Experience.com may take claims to small
claims court if the dispute qualifies for hearing by such a court. In all cases,
any Actions must be commenced within one (1) year after the cause of action
arises.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting
Experience.com within thirty (30) days from the date that you first became
subject to this arbitration provision. You must write to us at: Experience.com,
Attn: Opt-Out Arbitration, 2010 Crow Canyon Place, Ste. 100. San Ramon, CA
94583-1344. If you opt out, neither you nor Experience.com can require the other
to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set
forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you
opt out of arbitration as described above, all claims shall be settled by
binding arbitration in accordance with the commercial arbitration rules, in
effect at the time the proceedings begin. Any such controversy and/or claim
shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration
shall be held in Wilmington, DE USA or any other location we agree to. Judgment
on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. You and Experience.com must abide by these rules: (a) the
arbitration shall be conducted on an individual basis and not in a class,
consolidated or representative action and the arbitrator shall not award
class-wide relief; (b) the arbitrator may award any individual relief or
individual remedies that are permitted by applicable law; and (c) each side pays
his, her or its own attorneys’ fees and costs unless the claim(s) at issue
permit the prevailing party to be paid its fees and litigation costs, and in
such instance, the fees and costs awarded shall be determined by the applicable
law. With the exception of subpart (a) above, if any part of this arbitration
provision is deemed invalid, unenforceable or illegal, then the balance of this
arbitration provision shall remain in effect and be construed in accordance with
its terms as if the invalid, unenforceable, or illegal provision were not
contained. If, however, subpart (a) in the paragraph above is found invalid,
unenforceable or illegal, then the entirety of this arbitration provision shall
be null and void. All information relating to and/or disclosed by any party in
connection with the arbitration of any disputes shall be treated by the parties,
their representatives, and the arbitrator as proprietary business information
and shall not be disclosed without prior written authorization of the disclosing
party.
Exceptions to Agreement to Arbitrate. Either you and/or Experience.com may
assert claims, if they qualify, in small claims court in Wilmington, DE.
Experience.com may bring a lawsuit for injunctive relief to stop unauthorized
use and/or abuse of the Services, breach of Experience.com’s confidential
information and/or intellectual property infringement (for example, trademark,
trade secret, copyright and/or patent rights) without first engaging in
arbitration and/or the informal dispute-resolution process described herein.
Waiver. There is no judge or jury in arbitration and arbitration procedures are
simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE
AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, EXPERIENCE.COM AND
YOU ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO
RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL
ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Judicial Forum for Disputes. In the event that the agreement to arbitrate is
found not to apply to you and/or your claim, you and Experience.com agree that
any judicial proceeding (other than small claims actions) will be brought in the
federal or state courts of Wilmington, DE. Both you and Experience.com consent
to the foregoing venue and jurisdiction. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such courts.
18. GEOGRAPHIC RESTRICTIONS
Experience.com is located in the United States. Access to the Services may not
be legal by certain persons or in certain countries. If you access the Services
from outside the United States, you do so on your own initiative, at your own
risk, and are responsible for compliance with local laws.
19. MOBILE DEVICES.
To the extent you access the Services through a mobile device, your wireless
service carrier’s standard charges, data rates, and other fees may apply.
20. CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing,
complaints, or inquiries about Experience.com must be sent to our agent for
notice to support@experience.com. California users are also entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the
Division of Consumer Services of the California Department of Consumer Affairs
may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or
by telephone at (916) 445-1254 or (800) 952-5210.
21. ASSIGNMENT
You may not assign or transfer any of your rights or obligations under this
Agreement without our prior consent; any attempted assignment or transfer
without complying with the foregoing will be void. We may freely assign or
transfer this Agreement. This Agreement shall insure to the benefit of and is
binding upon the parties and their respective legal representatives, successors,
and assigns.
22. MISCELLANEOUS
If any provision and/or term of this Agreement shall become or be declared
illegal, invalid, or unenforceable for any reason whatsoever, such term
and/or provision shall be divisible from the other terms and conditions and
shall be deemed to be deleted from them. This Agreement shall be governed
in all respects by the laws of the State of Delaware, without reference to
its choice of law rules. If an applicable law is in conflict with any part
of this Agreement, this Agreement will be deemed modified to conform to the
law and the other provisions will not be affected by any such
modification. No waiver by either you and/or Experience.com of any breach
and/or default and/or failure to exercise any right allowed under this
Agreement is a waiver of any preceding and/or subsequent breach and/or
default and/or a waiver and/or forfeiture of any similar and/or future
rights under this Agreement. This Agreement, the Privacy Notice and all
documents and policies referenced herein supersede all prior terms,
agreements, discussions, and writings regarding the Services and
constitutes the entire agreement between you and us regarding the Services.
23. CONTACT
If you would like to request additional information regarding this Agreement or
for any questions, please contact us at support@experience.com.
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