Terms of Use
Introduction
The XpertDox website (the "Site") is provided by XpertDox, LLC ("XpertDox," "we," or "us") for the benefit of its users ("You," "Your," and "Yourself"). This user agreement ("User Agreement") governs your access to and use of this Site and its contents ("Site Materials") and constitutes a binding agreement between you and XpertDox.
We may change this User Agreement from time to time. For material changes, we will provide notice by posting the updated User Agreement with a new effective date. Your continued use of the Site after the effective date of any change constitutes acceptance of the updated User Agreement.
Eligibility
By using this Site, you certify that you are at least 18 years old, have a legitimate need to access and use the Site, and are legally permitted to do so under applicable laws and regulations.
Geographic Restrictions — United States Only
This Site is intended solely for users located in the United States. XpertDox makes no representation that the Site or its content is appropriate or available for use outside the United States, and access from other jurisdictions is at the user's own risk and responsibility. Accessing the Site from territories where its contents are illegal is prohibited.
User Responsibilities
You must provide accurate, up-to-date information and use the Site only for lawful purposes in accordance with this User Agreement. You must not engage in any activity that disrupts or interferes with the Site's functionality, including transmitting harmful code or malware.
Dispute Resolution; Arbitration; Class Waiver
Pre-dispute notice and cure. Before initiating any arbitration or legal action, you agree first to send written notice of the dispute to XpertDox at the address below and to allow XpertDox 60 days to attempt to resolve or cure the matter. To facilitate good-faith resolution, the notice should describe the claim and relief sought in sufficient detail to allow XpertDox to assess and respond, including the nature of the conduct alleged, the harm suffered, and the legal basis for the claim. Incomplete notices that do not provide sufficient detail to assess the claim may be deemed a material procedural defect. Notice must be sent by a method that provides delivery confirmation.
Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual property rights, breach of the Confidentiality section, or violation of the Automated Access and Scraping section.
Binding arbitration. Except as provided below, any dispute arising out of or relating to this User Agreement or your use of the Site that is not resolved through the notice-and-cure process shall be resolved by binding arbitration administered by AAA under its applicable consumer rules, with the seat of arbitration in Delaware. Where multiple substantially similar demands are filed, the administrator's mass-arbitration or batch procedures shall apply.
Individual basis only; class waiver. You and XpertDox agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any representative proceeding. If the class waiver is found unenforceable, the arbitration agreement is null and void as to that claim. The class waiver is non-severable from the arbitration agreement.
30-day opt-out. You may opt out of this arbitration agreement by sending written notice to the address below within 30 days of first accepting this User Agreement. Opting out does not affect any other provision of this User Agreement.
Fees in the event of a notice of violation or a frivolousness finding. If a claimant initiates arbitration or litigation without first complying with the notice-and-cure requirement above, or if the arbitrator or a court finds a claim to have been frivolous or brought in bad faith under the applicable legal standard, the non-compliant or offending party shall be responsible for the other party's reasonable attorneys' fees and costs attributable to that failure or finding, to the extent permitted by law. Any claim arising out of or relating to this User Agreement must be commenced within one (1) year after the cause of action accrues.
Modifications to the Site
XpertDox reserves the right to modify or discontinue the Site or any part of it at any time, with notice provided for material changes consistent with this User Agreement.
No Recommendations or Medical Advice
The content on this Site is for educational and informational purposes only. XpertDox is not responsible for any actions or inaction on your part based on the information presented on this Site.
Disclaimer of Warranties and Limitation of Liability
XPERTDOX PROVIDES NO WARRANTIES FOR GOODS AND SERVICES ON THE SITE UNLESS EXPRESSLY STATED, AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. XPERTDOX IS NOT LIABLE FOR ANY DAMAGES ARISING FROM INACCURACIES, ERRORS, OR INTERRUPTIONS ON THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND BECAUSE ACCESS TO AND USE OF THIS SITE IS PROVIDED FREE OF CHARGE, IN NO EVENT SHALL XPERTDOX'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SITE OR THIS USER AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). UNDER NO CIRCUMSTANCES WILL XPERTDOX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
License
Upon acceptance of this User Agreement, XpertDox grants you a revocable, non-exclusive, non-transferable, limited license to access and view this Site and its Materials. You may not copy, download, store, or print Site Materials except as expressly permitted. The license is conditioned on your continued compliance with this User Agreement.
Ownership
XpertDox or its affiliates own all rights, title, and interest in and to the Site and the Site Materials, including all intellectual property rights, which are protected by U.S. and international laws.
Prohibited Activities
You may not reproduce, create derivative works from, distribute, publicly perform, or publicly display the Site Materials without prior written consent from XpertDox.
Automated Access and Scraping
You may not access the Site or Site Materials through automated means — including scraping, crawling, bots, or data-harvesting tools — without XpertDox's prior written consent. Unauthorized automated access may violate this User Agreement and applicable law, including the Computer Fraud and Abuse Act (CFAA).
Trademarks
You may not use any XpertDox trademarks, including the XpertDox name, logo, and all related names, logos, product and service names, designs, and slogans — including "XpertDox" and "XpertCoding" — without express prior written consent.
Confidentiality
Non-public Site Materials made available to any user in connection with their access to or evaluation of XpertDox's platform or services are confidential and proprietary to XpertDox. If you receive such materials, you must protect their confidentiality and may not disclose them to any third party or use them for any purpose other than the evaluation or authorized use of XpertDox's platform or services for which they were provided, in each case without prior written permission from XpertDox. This obligation does not apply to information that (a) is or becomes publicly available through no fault of yours, (b) was known to you on a non-confidential basis before receipt from XpertDox, (c) is rightfully received from a third party without a duty of confidentiality, or (d) is independently developed by you without use of or reference to XpertDox's confidential information.
Term and Termination
This User Agreement takes effect when you access, use, or browse the Site. We may terminate this User Agreement at any time and for any reason. Upon termination, all licenses granted to you immediately terminate. The following sections survive any termination or expiration of this User Agreement: Dispute Resolution; Arbitration; Class Waiver; Disclaimer of Warranties and Limitation of Liability; Ownership; Confidentiality; Indemnity; Feedback and Submissions; Governing Law and Venue; and any other provision that by its nature is intended to survive.
Privacy Policy
Please refer to our Privacy Policy for details on how we collect and use personal information. By accessing or using this Site, you also agree to our Privacy Policy.
Links From XpertDox
This Site may contain links to other sites. XpertDox is not responsible for those sites' content, policies, or practices, and such links do not imply endorsement.
Linking to XpertDox
You may link to our Site provided it is lawful, consistent with these Terms of Use, and does not damage our reputation. You must not suggest any association, approval, or endorsement without our express written consent.
Security and Site Monitoring
While we endeavor to maintain a secure Site, we cannot guarantee the confidentiality of any communication or material transmitted over the Internet. We may monitor and record activity on this Site for security, operational, and analytics purposes as described in our Privacy Policy, and may disclose records as required by law or to protect our rights or property.
Governing Law and Venue
This User Agreement is governed by the laws of the State of Delaware. Subject to the arbitration provisions above, any action to enforce this User Agreement that is not subject to arbitration shall be brought in the federal or state courts located in Delaware. Each party consents to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum or lack of personal jurisdiction.
Notices
Notices may be posted on the Site or sent to your email address. For inquiries, and for the pre-dispute notice and arbitration opt-out described above, contact us at support@xpertdox.com or by mail at XpertDox, LLC, 8687 East Via de Ventura, Suite 302, Scottsdale, AZ 85258.
Indemnity
You agree to defend, indemnify, and hold harmless XpertDox and its affiliates from any claims, liabilities, damages, or expenses arising from your use of the Site or any breach of this User Agreement.
Force Majeure
XpertDox is not liable for any failure or delay in performance due to causes beyond our control, including natural disasters, war, government actions, cyberattacks, or internet or infrastructure outages.
Electronic Communications
By sending or receiving email communications to or from XpertDox, you agree that such communications are subject to this User Agreement. When you contact us, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Reliance on Information Posted
Information on our Site is for general informational purposes only. XpertDox makes no claims about its accuracy or completeness, and any decisions based on it are made at your own risk. The Site may include third-party content for which XpertDox is not responsible.
Feedback and Submissions
All feedback and submissions are hereby assigned to XpertDox, including all intellectual property rights therein, and we may use them to improve the website experience, sales, and marketing.
Severability, Waiver, Entire Agreement, Headings
If any provision of this User Agreement is found invalid or unenforceable, the remaining provisions continue in effect. Failure to enforce any right or provision does not constitute a waiver. This User Agreement constitutes the entire agreement between XpertDox and the user regarding use of the Site and supersedes any prior agreements. Headings are for convenience only and do not affect interpretation. Notwithstanding the foregoing, the class-action waiver in the Dispute Resolution section is non-severable from the arbitration agreement as outlined in that section.