Fees for the various services are set out in the membership and service fees described elsewhere in this site.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that none of the communication tools is intended to be used for contacting first responders, emergency service providers, law enforcement, fire department, emergency medical, hospitals or other such emergency services. You are responsible for obtaining and maintaining other means for such emergency communications.
Subject to the terms of this Agreement, Instagage grants to you a personal, non-exclusive, non-sublicensable, non-assignable license to use the communication tools, including the right to download and install the Instagage Button to your website for your individual use. Instagage retains all its intellectual property rights in and to all its communication tools. You shall not sell, assign, rent, lease, license, dissemble, export, import or otherwise grant rights to third parties in any of the Instagage communication tools or applications or the Site.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis delivery or failure to store any user communications or personalization settings.
Each Expert creates his, her or its own Expert profile on the site. We do not verify the information contained in an Experts profile, except that for lawyers, we do verify that the state bar license is active in the state(s) he or she claims to be active in at the time of creating his or her profile. However, even with regard to lawyers, it is not possible for us to verify bar licenses in some states (where no online public database exists). IN EVERY CASE, WE URGE YOU, THE CLIENT, TO DO YOUR OWN INVESTIGATION ABOUT THE EXPERT YOU ARE THINKING ABOUT USING. OTHER THAN THAT, INSTAGAGE DOES NOT VERIFY ANY INFORMATION IN THE EXPERTS PROFILE, NOR DOES INSTAGAGE RECOMMEND OR ENDORSE ANY EXPERT ON THE SITE. WE DO NOT WARRANT THE CONTENT MADE AVAILABLE IN ANY EXPERT’S PROFILE OR ANY STATEMENT MADE BY ANY EXPERT; NOR DO WE EVALUATE THE CREDENTIALS, QUALITY, SKILLS, ETHICS, OR ACCURACY OF ANY EXPERTS WORK.
WHILE THE SITE CONTAINS EXPERTS WHO ARE LEGAL PROFESSIONALS, INSTAGAGE DOES NOT, IN ANY WAY, PROVIDE LEGAL ADVICE OR LEGAL SERVICES. IF YOU, THE CLIENT, FORM AN ATTORNEY-CLIENT RELATIONSHIP WITH AN EXPERT ON THE SITE, THAT RELATIONSHIP IS STRICTLY BETWEEN YOU AND THE EXPERT-ATTORNEY. INSTAGAGE HAS NO PART IN THAT CONFIDENTIAL, ATTORNEY-CLIENT RELATIONSHIP.
EXPERTS ARE NOT EMPLOYEES OF INSTAGAGE. YOU, THE CLIENT, HEREBY FOREVER RELEASE AND AGREE TO HOLD HARMLESS INSTAGAGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, ADVISORS, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CAUSES OF ACTION AND LEGAL CLAIMS RESULTING FROM THE ACTS OR OMISSIONS OF ATTORNEYS AND ALL OTHER EXPERTS ACCESSED ON THE INSTAGAGE.COM SITE.
AGAIN, YOU, THE CLIENT, HAVE THE OBLIGATION TO EVALUATE EACH EXPERT BEFORE ENGAGING THAT EXPERTS SERVICES, AND YOU CANNOT RELY ON INSTAGAGE TO HAVE VETTED, SCREENED, OR EVALUATED ANY EXPERT.
IN SOME CASES IT MAY NOT BE ADEQUATE OR APPROPRIATE TO RELY SOLELY ON A VIRTUAL ENGAGEMENT OF A PROFESSIONAL (ESPECIALLY IN THE CASE OF AN ATTORNEY) TO SOLVE YOUR PARTICULAR PROBLEM OR ISSUE. YOU WILL NEED TO EXERCISE YOUR OWN INDEPENDENT JUDGEMENT TO DECIDE WHETHER RELYING ON THE ASSISTANCE OF AN ATTORNEY THROUGH THE SITE IS SUFFICIENT FOR YOUR NEEDS, OR WHETHER YOU NEED TO ENGAGE A LOCAL ATTORNEY TO MEET WITH YOU IN PERSON AND/OR TO APPEAR FOR YOU IN COURT.
Each User, whether an Expert or a Client, represents, warrants and agrees to the following:
Expert and Client agree to the current pricing terms posted on the site and the billing and payment terms and conditions of this Agreement.
Projects are billed on an agreed-upon rate (between the Expert and the Client) through a bid process that takes place on the Site. Once the Client accepts the Experts bid, the Clients credit card on file with Instagage is charged for 50% of the project fee, and that amount is held in escrow. Once the project is complete, the Expert will request the Client to agree by clicking the Complete button in the Client profile. Once both parties have indicated a project is complete, the Client credit card will be charged for the balance of the project fee. At that point there will be a three (3) day hold on the funds. After that hold period, the Expert will be able to access the full project fee in his or her profile.
In cases where the Client engages the Expert on a per-minute basis, at the inception of the engagement the Client’s credit card will be pre-authorized for one hour of the Experts time. After the conclusion of the chat, video call, or call, the Instagage system will capture the Experts actual time (rounded down to the nearest full minute) and calculate the fee earned by multiplying the Experts time-based rate by the captured time. Shortly after the chat, video call, or call, the Client will receive an email receipt. Instagage will place a three (3) day hold on the amount charged to the Clients credit card for that chat, video call, or call.
In the event of a dispute between the Expert and the Client, the parties shall adhere to the Instagage Policy as posted on the Site.
All Users must provide us with accurate and current billing information, including valid credit card information. If it becomes necessary or prudent for Instagage to collect on any balance due to Instagage, you agree to reimburse us for all expenses incurred to recover sums due to Instagage owed by you, including attorneys fees and other legal expenses.
If you have any questions or problems regarding billing, please contact us promptly by emailing firstname.lastname@example.org.
IF AN EXPERT ATTEMPTS TO BILL YOU DIRECTLY OR COLLECT FEES FROM YOU OUTSIDE OF THE BUSINESS BITES SITE, YOU MUST CONTACT US IMMEDIATELY.
IF YOU REQUEST A CHARGE BACK FROM YOUR CREDIT CARD COMPANY WITHOUT FIRST FOLLOWING THE BUSINESS BITES RESOLUTION PROCESS, YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
YOU SHALL NOT SUBMIT INVOICES, BILLS, STATEMENTS OR OTHER ATTEMPTS TO COLLECT FEES DIRECTLY FROM CLIENTS FOR SERVICES YOU HAVE PROVIDED ON OR THROUGH THE BUSINESS BITES SITE. IN THE EVENT THAT YOU DO SO, YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
Your use of the Site is subject to all applicable laws and regulations, and all policies, terms and agreements of Business Bites, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content - including text, communications, software, images, sounds, data, or other information - that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Copyright (c) 2011-2012 Business Bites, Inc. All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:Tina Henson 2209 E. Lexington Ave. Fresno, CA 93720
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE ABOVE DISCLAIMER APPLIES TO ALL SERVICES AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, COMMUNICATION TOOLS AND BILLING TOOLS, AND TO ALL SERVICES PROVIDED BY EXPERTS ON OR THROUGH THE SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you have the opportunities to engage in commercial transactions between Experts and Clients. You, whether you are a Expert or a Client, acknowledge that all transactions relating to any services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, and delivery terms relating to such transactions, are agreed to solely between the Expert and the Client; Business Bites is not a party to such transactions. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A EXPERT IS PROVIDED SOLELY BY SUCH EXPERT, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
PAID ADVERTISING. The Site will offer paid advertising to Experts. These advertisements will be labeled “Ads” and they do not constitute recommendations, endorsements or referrals by Business Bites. All of the above disclaimers shall apply to the Ads.
EXPERTS: IN NO EVENT SHALL OUR LIABILITY TO ANY EXPERT FOR ANY ACTION OR CLAIM RELATED TO THE INSTAGAGE SITE, WHETHER SUCH CLAIM IS BROUGHT UNDER A THEORY OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT OF FEES INSTAGAGE HAS COLLECTED FROM YOU FOR YOUR USE OF THE SITE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
CLIENTS: "The Business Bites Promise"
WE WILL REPLACE ANY SERVICE THAT DOES NOT MEET OR EXCEED OUR HIGH STANDARDS. BUSINESS BITES SHALL BE THE SOLE ARBITER OF THIS DECISION. THE CLIENT AND EXPERT SHALL FOLLOW THE RESOLUTION PROCESS POSTED ON THE SITE. IF THE CLIENT AND EXPERT ARE NOT ABLE TO COME TO A RESOLUTION, BUSINESS BITES WILL REVIEW THE MATTER AND DECIDE HOW TO REMEDY THE PROBLEM. IN THE EVENT THAT BUSINESS BITES DETERMINES THAT THE EXPERT’S WORK PRODUCT DOES NOT MEET OR EXCEED OUR STANDARDS, WE WILL PAY ANOTHER BUSINESS BITES CONSULTANT TO PERFORM THE PROJECT FOR THE CLIENT AT NO ADDITIONAL COST TO THE CLIENT. THIS IS THE CLIENT’S EXCLUSIVE AND SOLE REMEDY.
IN NO EVENT SHALL WE OR OUR AFFILIATES OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, LOSS OF BUSINESS OPPORTUNITYIES, LOSS OF PROFITS, OR LOSS OF GOODWILL WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR ANY EXPERT’S SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF INFORMATION THROUGH OUR COMMUNICATION TOOLS OR THE PROCESSING OF INVOICES THORUGH OUR BILLING TOOLS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Each Client shall indemnify, defend and hold harmless Instagage and its officers, directors, affiliates, agents, employees, representatives, and shareholders from and against any and all claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to each Client’s use of the site or any services provided through the site, any communication tools provide by the site, or any agreement for service between a Client and a Expert.
Each Expert shall indemnify, defend and hold harmless Instagage and its officers, directors, affiliates, agents, employees, representatives, and shareholders from and against any and all claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising from or related to each Expert’s performance of services through the site, or any agreement for service between a Client and an Expert.
In the event of a dispute between you and another User of the site, you hereby release Instagage and its officers, directors, employees, agents, contractors and joint venturers from claims, demands and damages of every kind, known and unknown, relating to or arising from such dispute. YOU HEREBY WAIVER CALIFORNIA CIVIL CODE §1542 (AND ANY SIMILAR LAW OR STATUTE IN ANOTHER JURISDICTION) WHICH SAYS “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 OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.
Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
This Agreement is effective as of the Effective Date and continues in effect until terminated by either party in accordance with the terms of this Agreement.
You may terminate this Agreement at any time, with or without cause, by paying any balance due to us and then deactivating your account and removing all Instagage applications and communication tools from your servers, networks, website, or other storage media in your possession or under your control.
This site (excluding any linked sites) is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Fresno County and the United States District Court for Eastern with respect to such matters.
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of Client Service at email@example.com. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Except as explicitly noted on this site, the services available through this site are offered by Business Bites, Inc., a California corporation, located at 2209 E. Lexington Ave., Fresno, CA 93720. Our telephone number is (415) 663-6115.