TERMS AND CONDITIONS FOR EXPERTS MARKET BY AVIRA
Welcome to Expert Market by Avira (“the Market”). Any person who wants to access and/or use and/or visit the Market, whether registered individuals who have created an account at the Market for the purpose of providing services (“Experts”), individuals who are experiencing problems with their computer hardware and/or software who seek assistance from Experts for the purpose of resolving such problems (“Customers”), and/or individuals who merely wish to browse the Market (“Visitors”), must read, and then accept, and at all times abide by, the following Terms and Conditions. Experts, Customers and Visitors are collectively referred to as “Users.” By registering for and/or accessing and/or using and/or visiting the Market, Users agree to be bound by, and comply with, all of the following Terms and Conditions. All policies and guidelines governing the Market are incorporated by reference.
Avira reserves the right to change any of the Terms and Conditions or any of the policies or guidelines governing the Market at any time in its sole discretion. Any changes to these Terms and Conditions will become effective when a notice regarding the changes is posted in the Market. Users are responsible for reviewing and understanding such notices, the changes and the associated implications of such changes. Continued use of the Market following the posting of such a notice indicates acceptance of the changes, and the associated implications of such changes.
Eligibility. Use of the Market is limited to parties that lawfully can enter into and form contracts under applicable law. In order to register as an Expert, the party must be a business, and must represent and warrant that the business is duly organized, validly existing and in good standing in the country in which the business is registered and that the person controlling the Expert’s Account has authority to act on behalf of the business.
Experts. Experts are Users who are able to provide technical assistance with hardware and/or software program problems. An Expert must be a business. Experts must register with the Market using the registration forms found here: http://market.avira.com/en/expert-registration Once an Expert is registered, such Expert will receive an account (the “Account”). The Expert should then set up its Experts Market Profile and Services Portfolio in order for Customers to be able to search for, identify and contact such Expert in order to have their particular IT issue(s) resolved.
Customers. The Market can be used by Customers who are experiencing difficulty with IT issues, including, but not limited to, problems with hardware or software. Customers can search the Market to find an appropriate Expert and ask for a quote for a particular service via the Market’s ‘chat’ application.
Account Information. To register as an Expert with the Market, an Expert must provide their real name, address, phone number, and e-mail address. To register as an Expert, such party must have a verified business account with PayPal and must submit information regarding such account. By creating an Account, an Expert represents and warrants that (a) all of the required registration information submitted is true and accurate; (b) the Expert will maintain the accuracy of such information; (c) the Expert has the capacity, in the Expert’s jurisdiction to lawfully enter into a contract; and (d) the Expert will not use the Market in any way that would violate any applicable law, regulation, or these Terms and Conditions.
Avira’s Role. Avira provides the Market as a platform to facilitate the ability of Users to negotiate and complete transactions. Avira is not and shall not be a party to agreements between Experts and Customers for the provision of services. Avira is not a party to the actual transactions between Experts and Customers. Avira is not the agent of, and has no authority over any User for any purpose. For the avoidance of doubt, Avira shall in no way be held responsible for the actions and/or omissions of Users of the Market.
User Principles. Users are solely responsible their behavior while using the Market and for any content that is posted, exchanged, made available, provided, or processed by or through an Account, including e-mails and other interactions that take place between Customer and Expert.
Third Party Tools. In conjunction with accessing and/or using and/or visiting the Market, Users may be provided the use of third party applications and/or tools and/or functions (“Third Party Tools”). Avira assumes no responsibility whatsoever for use of such Third Party Tools. Furthermore, such Third Party Tools may be subject to special licenses, terms and/or conditions. By accessing and/or using such Third Party Tools, you agree to abide to any and all relevant licenses, terms and/or conditions associated with such Third Party Tools at the particular time. In particular, the use by Experts of LogMeIn Inc’s remote access product, Rescue® Software-as-a-Service, shall, at all times, be governed by LogMeIn’s terms and conditions of use, available at https://secure.logmein.com/policies/termsandconditions.aspx.
Security and Privacy Information
Account Security. Accounts may only be used to access the Market. Experts may not register using a false name or impersonate any other individual or business. Experts are responsible for keeping account and password information secure. Experts should not disclose their passwords to any third party, and an Expert is responsible for any use of, or action taken in the Market under his or her password. If an Expert has reason to believe that his or her account is or may be compromised, the Expert must change his or her password immediately.
Appropriate Account Activity. The Market may be used only for lawful purposes and in a lawful manner. Customers and Experts must comply with all applicable laws and regulations. Avira reserves the right to investigate account activity and to take any action that it deems appropriate based on such investigation. Avira reserves the right to issue warnings, suspend or terminate Accounts, deny access, or remove, screen or edit any content which violates these Terms and Conditions or which is otherwise objectionable.
Privacy. Personal information is collected when Experts register with the Market. It is Avira’s policy to maintain all personal information as confidential. However, in order to connect Customers to Experts it is necessary for Avira to share some of this information. In order to cooperate with valid government requests, Avira may access and disclose information that it considers appropriate, including but not limited to account activity and User contact details.
Remote Access. Certain features and applications used by Experts may allow Experts to access Customers’ computers and information stored thereon. Such access by Experts is conditional upon Customer consenting to such remote access. These features, while designed to be used in order to facilitate Experts in their helping Customers to resolve issues they may be experiencing with their computers, can provide Experts with access to information on Customers’ computers. Avira assumes no responsibility or liability for the use of such applications by Users and/or the results of such use. Such applications can only be used with Customer consent.
Payment and Fees. When a Customer and an Expert have agreed upon the payment of fees as consideration for the services performed by the Expert for the benefit of the Customer, the payment shall be made to the Expert via PayPal by use of links generated by the Market. In consideration of the services provided by Avira to Experts in connection with the Market, Experts shall pay a service commission to Avira for each transaction (the “Service Commission”). Upon request by Avira and without undue delay, Experts shall report to Avira all payments received from Customers. Unless otherwise stipulated by Avira, the Service Commission will be calculated as a percentage of the fee received by the Expert (the “Expert Fee”) and shall accrue upon payment of the Expert Fee by the Customer. No direct or indirect payment may occur between a Customer and an Expert except via PayPal and exclusively by use of links generated by the Market. If a Customer suggests making an unauthorized payment to an Expert or other third party, the Expert will immediately notify Avira. If an Expert suggests an unauthorized payment, the Customer will immediately notify Avira.
Expert Fees. Experts are free to determine what fees they charge to Customers for the services they provide to such Customers.
Taxes. The Expert agrees to pay all taxes on fees generated by transactions obtained through the Market in accordance with the jurisdiction in which the Expert resides.
Chargebacks and/or Refunds. In the scope of transactions between Experts and Customers, if a chargeback or refund occurs, the relevant Expert shall be solely responsible for any and all fees and additional charges incurred through such chargeback or refund. Avira shall in no way be responsible or held liable for any fees and/or additional charges incurred by Experts and/or Customers as part of a refund and/or chargeback. For the purposes of clarity, in the case of a refund and/or chargeback, Avira shall not be entitled to receive and/or demand any Service Fees for the particular transaction for which the chargeback and/or refund has been applied, and furthermore, such Expert shall not be entitled to receive any Expert Fee involved with such transaction, or any part thereof.
User Responsibility for Data Safety. Users agree that it is solely the User’s responsibility to back up any and all data, software, information, and/or other files stored on the User’s electronic equipment. AVIRA IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS, ALTERATION, OR CORRUPTION OF ANY DATA, SOFTWARE, INFORMATION, FILES, VIDEO, PICTURES, OR OTHER MEDIA.
Disclaimer of Warranties; Limitation of Liability
NO WARRANTIES. THE MARKET IS PROVIDED ON AN “AS IS” BASIS. AVIRA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE MARKET. IN PARTICULAR, AVIRA DOES NOT WARRANT THAT THE MARKET WILL ALWAYS MEET USER REQUIREMENTS NOR DOES IT WARRANT THAT THE MARKET WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR WITHOUT ERROR. AVIRA ALSO HEREBY EXPLICITLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
General Release. Avira is not a direct participant in the transactions between Users of the Market. In case of any dispute between Users, each User agrees to release Avira and its agents and employees from claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In case of any dispute between Users, Avira is under no obligation to become involved; however, Avira reserves the right to monitor disputes between Users.
Indemnification. Users agree to indemnify, defend, and hold harmless Avira and its employees, directors, service providers and representatives from and against any and all claims, costs, losses, damages, judgments, penalties, interest, and expenses arising from any claim related to the Market.
Limitation of Liability. AVIRA AND ITS EMPLOYEES, DIRECTORS, SERVICE PROVIDERS AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS THAT ARISE FROM THE USE OF THE MARKET AND/OR ANY OTHER AVIRA PRODUCT OR SERVICE AND/OR ANY OTHER PRODUCT OR SERVICE USED IN CONNECTION WITH THE MARKET INCLUDING DAMAGES FROM THE INABILITY TO USE THE MARKET AND/OR ANY OTHER SOFTWARE PRODUCT OR SERVICE USED IN CONNECTION WITH THE MARKET, OR FROM ANY TRANSACTION COMPLETED OR MESSAGE RECEIVED THEREFROM. UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AVIRA BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE MARKET, OR RELIANCE ON THE INFORMATION PROVIDED AND/OR AVAILABLE THEREIN, EVEN IF AVIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law. This Agreement shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Arbitration. Any dispute or claim in any way related to use of the Market will be resolved by binding arbitration rather than in court. Such disputes and/or claims shall be subject to the Expedited Procedures of the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), then in effect. The matter in dispute shall be considered by a panel of three arbitrators. Each party shall appoint one arbitrator within fifteen (15) days of receipt of the notice of the party requesting arbitration and the arbitrators so selected shall, within fifteen days of their appointment, then select a third arbitrator. Upon failure of a party(ies) to appoint an arbitrator (or of the arbitrators selected to appoint a third arbitrator) as contemplated in the foregoing sentence, AAA shall appoint an arbitrator. The decision of the arbitrators, by majority vote, shall be binding upon all parties and non-appealable. Each party shall bear the cost of its appointed arbitrator and cost of the third arbitrator shall be borne by the non-prevailing party. Each party shall bear all of its own witness fees and attorneys' fees. The arbitration proceeding shall occur in Atlanta, Georgia. Users agree that any dispute resolution proceedings will be conducted only on an individual basis and not by way of a class, consolidated or representative action.
Termination. Avira has sole discretion to terminate any Account and/or to terminate these Terms and Conditions at any time, without notice, for any reason.
Entire Agreement. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede and cancel all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.
Severability. If any provision of these Terms and Conditions is at any time deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall have no effect on the validity and enforceability of the remaining provisions.
Intellectual Property. The Market website and any text, graphics, logos, button icons, images, audio clips, downloads, data compilations, and/or software found thereon and/or associated therewith, are the intellectual property of Avira and/or legitimately licensed to Avira and are protected by United States and international intellectual property laws, including copyright, trademark, and patent laws. Avira’s trademarks and trade dress may not be used in connection with any product or service that does not belong to Avira and/or in any way that creates a likelihood of confusion among Users and/or in any manner that is disparaging to Avira. The Market and associated applications may also contain trademarks and content belonging to third parties. Nothing in these Terms & Conditions shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark (whether belonging to Avira and/or third parties) without the written consent of Avira or such third party that may own the trademarks. Any misuse by Users of trademarks and/or any other content on the Market and/or any associated applications, software or documentation is strictly prohibited.
Limitation on Copying. All content (including but not limited to software, code, and documentation) provided by Avira and/or third parties for use in, or in conjunction with, the Market is protected by copyright. Except as specifically permitted by Avira, no portion of such content may be reproduced in any form, or by any means, without prior written permission from Avira. No User or Visitor is permitted to modify, distribute, publish, transmit or create derivative works of any such content, or portion thereof, for any public or commercial purpose.
Waiver. Failure by Avira to strictly enforce any part of these Terms and Conditions shall not be deemed a waiver. No waiver shall be enforceable against Avira unless contained in writing signed by Avira.
Export Controls. Each User agrees not to request, and each User agrees not to provide, any services which would, if performed, violate any United States export control regulation or rule.
Help and Feedback
Reviews and Comments. Customers may post reviews of Experts once a project for which the Expert has been engaged is completed. Experts will have the opportunity to respond to the reviews once they have been posted. Reviews and other comments should be truthful and no User should post content that is illegal, obscene, threatening, defamatory, contains private or confidential information, or that contains harmful links or “spam.” Avira reserves the right to monitor and remove reviews and/or other comments.
General comments, suggestions, and ideas regarding the Market may be submitted here: email@example.com
Help with Using the Market. For Users that need help using the Market, please see our Knowledge Base articles here: http://www.avira.com/en/support-for-home-knowledgebase-search
If you require further assistance please contact the Avira Customer Support Center: firstname.lastname@example.org
Avira Marketplace Inc.
330 Primrose Road
Burlingame, CA 94010
UNITED STATES OF AMERICA