A. The Terms
2. DefinitionsThe words “User,” “you” and “your” refer to the individual or entity that creates a NowOnline account as a Customer and/or Expert. “NowOnline,” “we,” “us” and “our” refer to NowOnline. “Customer” refers to the person who requests a consultation on the Site. “Expert” refers to the person who provides a consultation on the Site.
3. Communications and Right to Modify TermsWhen you visit NowOnline or send us e-mails, you are communicating with us electronically as well as via e-mail, text message, calls and push notifications. You consent to receive communications from us through the means outlined above or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or through other means, satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your NowOnline account profile, your current and active email address. NowOnline may modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that those changes that NowOnline, in its sole discretion, deems material changes to the Terms will be effective as to an existing User upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User from an @now.online email address to the User’s email address on file with NowOnline or via other means including, but not limited to, a pop-up or banner, message, or other conspicuous notice on the NowOnline website. If you affirmatively agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from NowOnline email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to cancel your account and discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.
B. The Website
5. NowOnline Is a Venue; Third-Party ContentThe NowOnline Site is a venue for informational and educational purposes, owned and operated by NowOnline, that exists solely to broker relationships between Experts and potential Customers of those Experts who are interested in purchasing their Expert services. NowOnline is not in the business of providing or selling information or education that is within any Expert’s area of Expertise. Users of the Site, not NowOnline, provide the content in Consultations (defined below). Experts are not employees or agents of NowOnline but are independent service providers using the Site to sell their Expert knowledge to Customers and, as such, together with Customers, are simply Users of the Site. NowOnline is not involved in the conversations between Customers and Experts and does not refer Customers to or endorse or recommend particular Experts. You understand and acknowledge that NowOnline cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Consultations. NowOnline shall not be liable for any acts or omissions of Experts, content in Consultations or the ability of Experts to answer questions. We cannot ensure that an Expert will complete a transaction. Notwithstanding the foregoing, NowOnline reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Site. EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should not be directed to the Site and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g. in the U.S., call 911). The Site is not the appropriate venue to deal with such situations.
6. Posts Are Not Private or Confidential; AnonymityThe Site is an Internet-based forum. Information and materials submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate on the Site (collectively “Posts”) is not private or confidential, nor is it protected by attorney-client, doctor-patient, or any other privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com or another search engine, your questions, answers, and other Posts on NowOnline.com that relate to the search may appear in the search results list). To help protect your privacy, use an anonymous user name and do not include information regarding your identity or contact information in your Posts.
7. Verification; No Reliance on the Term “Expert”Every Expert on the Site has had at least one credential relevant to the category in which they are offering services verified by a third-party verification service, unless the Expert is offering services in a category that is still being tested by NowOnline in “Beta” (indicated by the “Beta” graphic after the category name on the category's landing page and/or the URL beginning with www.now.online/...). Details regarding the credential(s) verified for each verified Expert can be found by clicking the 'What’s This' link next to the 'Verified' logo associated with each Expert. Other information about an Expert, not shown as verified, has been provided by the Expert but has not been verified. Use of the term 'Expert' by NowOnline and on the Site is only meant to describe Users who answer questions on the Site, and not to guarantee any particular level of expertise of these Experts. Regarding the verification process, NowOnline contracts with third-party service providers to perform the verifications described above; NowOnline does not itself verify the credentials of the Experts. The results of the verifications are only as accurate as the information provided to and by the third-party verification services, as of the time of the providing of information to and by the third-party verification services. NowOnline makes effort to verify, including using a third-party identity verification service, but cannot warrant or guarantee an Expert's purported identity; user identification on the Internet is difficult. For these reasons, NowOnline cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of Users and information provided by Users including Experts. You acknowledge that NowOnline will not be liable for any loss or damages caused by your reliance on any information or content contained in Consultations.
8. Information Not Advice; No Client-Professional RelationshipConsultations from Experts on the Site are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By providing consultations, Experts do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions. No professional-client relationships shall be formed on the Site. Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.
C. User Accounts
9. User Accounts; Restricted Activities; Suspension or Termination of ServiceUser Accounts. When you register as a User on the Site, you can establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password, and account data, and you may not share this information or your account with anyone else, and you will be solely responsible for all acts or omissions that occur under your account. You will immediately notify NowOnline of any unauthorized use of your password or account. You should only create one account on the Site. If your NowOnline account has been suspended or terminated, you may not open another account on the Site. You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active NowOnline accounts. Bound by Representatives. You are responsible for and bound by the actions of, and transactions entered into by, your actual and appointed representatives whether authorized by you in writing, verbally, or otherwise to represent you at or with NowOnline. You are responsible for monitoring your appointed representatives and protecting the privacy of your username, login information and any other account or financial information provided to NowOnline or its vendors and agree to inform us immediately, in writing, of any unauthorized use of same. If you are checking in or logging in as a representative for anyone other than yourself, you agree that you are a duly appointed and authorized representative for that person or entity and have authority to bind that person or entity to any actions or transactions you conduct. Restricted Activities. You agree that any content you provide on the Site and your use of our Site initiated through the Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy; (c) be illegal or violate any federal, state or local law, statute, ordinance, regulation or ethical code; (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, but without containing child pornography; (f) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (h) link directly or indirectly to or include descriptions of goods or services that are prohibited under the Terms or that you do not have a right to link to or include. If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections).You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without NowOnline’s prior written consent. We do not knowingly collect personal information from children under 13 years of age, and if we become aware that a child under the age of 13 has submitted personal information to us, we will promptly remove it from our systems. Suspension or Termination of Service. Customers may terminate your service and account at your sole discretion and at any time by written notice via e-mail to firstname.lastname@example.org. Terminations typically will be effective within seven business days after our receipt of your termination notice, at which time your account will be closed and you will no longer enjoy access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. At any time, with or without notice, for any or no reason, NowOnline reserves the right to modify or discontinue any portion or all of the Site or Services, and to restrict, suspend and terminate Customers’ accounts.
10. Charges, Rating the Expert, Refund and Cancellation PolicyNowOnline’s platform allows Customers to find Experts in subject-matter categories, and facilitates communication with Experts via chat, video or telephone, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site may be presented with one of four payment models: (1) pay-per-minute model; (2) fixed fee consultation model; (3) mixed model with per-minute and fixed fee; (4) free minutes followed by any of the 3 previous model. Experts select the price model that they are willing to charge for the Site Access Benefits. Customers are charged accordingly, depending on the payment source, as described on the payment page.
NowOnline fees.The Experts are charged by NowOnline based on their monthly consultations sales. The fees are calculated as follows : The 1st of each month, the value of all consultations from 21st (Month-2) to 20th (Month-1) with status “Finished” or “Cancel” that did not have an open dispute attached is computed. Monetary values are given in $, € or £ depending on the currency selected by the Expert.
- Total consultations value :
Referral network revenues.Referral network revenue = (total consultation amount * Now Online Percentage Fee) * NetworkFee where NetworkFee is set by default to 10%, but can be different for a specific or a group of Experts. The referral net work revenue is added to the Expert balance on the 1st of each month.
Rating the Expert.Once you’ve completed the consultation with the Expert that you found on the site, , you will be asked to rate the Expert. If you provide a rating of 1 or 2, you will be asked to provide the Expert with feedback about why you are unsatisfied, so the Expert may try to help you better. NowOnline does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert.
D. Legal Statements
12. ReleaseUsers are responsible for their acts and omissions and content placed on the Site. NowOnline will not be liable to Users for any disputes that may arise between or among Users.
13. ConfidentialityYou acknowledge that NowOnline and its licensors and suppliers own the rights to the NowOnline website and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the NowOnline website, any software distributed by or assist any other person or entity in doing so. You acknowledge that all content, including, but not limited to, text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by NowOnline, NowOnline Users, or NowOnline Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, whether done directly or through intermediaries (including, but not limited to, by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Any access to or use of NowOnline to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with NowOnline (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) without the prior written authorization of NowOnline is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future. If you access NowOnline or copy, display, distribute, perform or create derivative works from content displayed on the Site or other intellectual property in violation of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on NowOnline or any provision of the Terms of Service that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of NowOnline webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including, but not limited to, the NowOnline blogs; the NowOnline venues on www.facebook.com, www.twitter.com, www.linkedin.com, www.youtube.com, www.pinterest.com, plus.google.com, www.flickr.com; the Site administrator; or any employee, officer or agent of NowOnline (“User Content”), will not be considered confidential and may be used by NowOnline, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that NowOnline owns, and has the right to register in its name, trademarks and service marks for any category names that you create on NowOnline, so do not use a category name that you want to reserve for your own benefit. NowOnline may use other trademarks or service marks in lieu of the category names that you create. You grant to NowOnline a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.
14. No Endorsement of Non-NowOnline Entity; No Relationship with UsersNowOnline may endeavor to offer to its Users products and services offered by non-NowOnline entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by NowOnline. NowOnline has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. NowOnline encourages you to, and you acknowledge that you are solely responsible for, reviewing and complying with any third party terms and conditions and privacy policies. NowOnline cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links or names of such non-NowOnline entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. By using this Site, you agree that NowOnline is not responsible for, and you take full responsibility for, a decision to visit or patronize any such Third Party Service or entity, you hold NowOnline harmless from any and all liability arising from such actions, and you expressly relieve NowOnline from all liability arising from your use of Third Party Services. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and NowOnline or between any User (including Customers and Experts) and NowOnline by formation of this Agreement (or any of the Terms) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.
15. Information Control and StorageWe do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that NowOnline is not responsible for the acts or omissions of Users on the Site. The amount of storage space per User is currently limited. You agree that NowOnline is not responsible or liable for the deletion or failure to store content and/or other information.
16. Exclusion of WarrantiesNOWONLINE SERVICES, SOFTWARES, AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. NOWONLINE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOWONLINE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. UNDER NO CIRCUMSTANCES WILL NOWONLINE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USER’S SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOWONLINE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
17. Limitation of LiabilitiesIN NO EVENT SHALL NOWONLINE, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF, OR IN CONNECTION WITH, OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO NOWONLINE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
18. IndemnificationYou agree to indemnify and hold NowOnline, its parents, subsidiaries, officers, directors, shareholders, employees, agents, joint venturers, consultants, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third-party that are in any way due to, or arising out of, your use of or conduct on the Site.
19. Press Releases and Third-Party Press about NowOnlineThe Site may contain press releases and other information about NowOnline. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by NowOnline. Likewise, third-party press about NowOnline or the Site should not be relied upon as being provided or endorsed by NowOnline.
20. Choice of LawExcept as set forth in Section D.21 below, the parties agree that this Agreement and any and all claims, causes of action or disputes (regardless of theory) between you and NowOnline arising out of or related to this Agreement, the Site and any services or content accessed therein will be governed by the laws of the State of Delaware, without regard to conflict or choice of law principles.
21. Dispute ResolutionThis Section D.21 may be referred to as the parties’ “Dispute Resolution Agreement.” If you have a dispute with NowOnline or if NowOnline has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below: (a)Informal Resolution. Prior to initiating mediation or arbitration, the party with a grievance must: (i) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent from the User’s email address on file with NowOnline, to email@example.com (“Dispute Notification”); (ii) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. (iii) The other party then has 15 days to reply to the response. (b)Mediation.. If the dispute is not resolved informally, either party may make a demand for mediation, with the other party’s consent, by filing a: (i) Request for AAA Online Mediation for Claims under $10,000 with the American Arbitration Association (“AAA”); or (ii) Request for Mediation with the AAA. To file a request for mediation for a claim under $10,000, you must go to the following website: http://services.adr.org/eroom/faces/welcome_and_steps.jspx. If that link does not work, please contact firstname.lastname@example.org at NowOnline for updated information. If you are requesting mediation for a claim that is worth $10,000 or more, you must go to the following website to file such a claim: https://www.adr.org/aaa/faces/services/disputeresolutionservices/. If that link does not work, please contact email@example.com at NowOnline for updated information. If either party requests mediation and both parties consent to mediation, the costs of mediation will be borne equally by the parties. (c) ARBITRATION. ANY DISPUTE NOT RESOLVED INFORMALLY OR THROUGH MEDIATION SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION SO LONG AS SUCH DISPUTES ARISE IN ANY WAY OUT OF THESE TERMS, ANY TRANSACTION WITH NOWONLINE, YOUR USE OF THE SITE AND/OR ANY NOWONLINE SERVICE, OR ANY AGREEMENT BETWEEN YOU AND NOWONLINE. THE ARBITRATION PROVISION EXTENDS TO DISPUTES UNDER THE TELEPHONE CONSUMER PROTECTION ACT (“TCPA”). YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, THAT THIS DISPUTE RESOLUTION AGREEMENT IS MADE IN THE COURSE OF INTERSTATE COMMERCE; AND THAT THE FEDERAL ARBITRATION ACT, 9 U.S.C. §1 ET. SEQ. (THE “FAA”) AND NOT STATE LAW GOVERNS THE INTERPRETATION AND ENFORCMENT OF THIS DISPUTE RESOLUTION AGREEMENT, INCLUDING THE ARBITRABILITY OF DISPUTES, WHICH SHALL BE DECIDED BY THE ARBITRATOR. THIS CHOICE OF LAW PROVISION APPLIES ONLY TO THIS DISPUTE RESOLUTION AGREEMENT, AND NOT TO THE REST OF THIS AGREEMENT OR TERMS. YOU FURTHER ACKNOWLEDGE THAT YOU AND NOWONLINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING ANY DISPUTE. IT IS IMPORTANT THAT YOU UNDERSTAND THAT THE ARBITRATOR’S DECISION WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. Arbitration Procedures: Disputes shall be resolved by binding arbitration in accordance with the arbitration rules of the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules, as modified by the terms in this Dispute Resolution Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) or by calling the AAA at 1-800-778-7879. Either party can initiate a demand for arbitration. Each party will be responsible for its own costs, including paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. In the event of any inconsistency between this Dispute Resolution Agreement and the applicable rules of the AAA, this Dispute Resolution Agreement shall govern. (d) CLASS ACTION WAIVER. YOU AND NOWONLINE EXPRESSLY AGREE THAT: (i) ANY ARBITRATION PROCEEDING WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (ii)YOU EXPRESSLY WAIVE YOUR ABILITY TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, MASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE PROCEEDING; (iii)THERE SHALL BE NO CLASS CLAIMS, CONSOLIDATION, OR JOINDER ALLOWED IN ANY ARBITRATION BETWEEN THE PARTIES; (iv) IF THIS ARBITRATION AGREEMENT IS FOUND INAPPLICABLE TO YOUR DISPUTE WITH NOWONLINE, THIS CLASS ACTION WAIVER WILL CONTINUE TO APPLY IN LITIGATION; AND (v) YOU AGREE THAT THIS CLASS ACTION WAIVER IS AN ESSENTIAL ELEMENT OF OUR CONTRACT AND THESE TERMS AND THAT IT MAY NOT BE SEVERED. THE ARBITRATOR SHALL NOT CONSOLIDATE CLAIMS OF DIFFERENT USERS INTO ONE PROCEEDING, NOR SHALL THE ARBITRATOR HAVE THE POWER TO HEAR ARBITRATION AS A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. SIMILARLY, ANY CLAIMS COVERED BY THIS DISPUTE RESOLUTION AGREEMENT THAT NOWONLINE MAY HAVE AGAINST USER MAY NOT BE BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR REPRESENTATIVE ACTION PROCEEDING. (e) Survivability; Right to Consult. This Dispute Resolution Agreement shall survive expiration or termination of this Agreement for any reason. User acknowledges and agrees that he/she is entering into this Dispute Resolution Agreement voluntarily and without any duress or undue influence by NowOnline or anyone else. User further acknowledges and agrees that he/she has carefully read this Dispute Resolution Agreement and that User has asked any questions needed for User to understand the terms, consequences and binding effect of this Dispute Resolution Agreement and fully understand it, including that User is waiving his/her right to a jury trial. Finally, User agrees that he/she has been provided an opportunity to seek the advice of an attorney of User’s choice before agreeing to this Dispute Resolution Agreement.
TarifsLa tarification chez Now Online est simple et claire. C’est 10% et rien d’autre. Il n’y a ni frais additionnels, ni frais cachés et cela, quel que soit le nombre de consultations que vous réalisez et quel que soit le nombre de vos clients.
Exemple : Si vous facturez 80€, Now Online vous versera 72€.
Si vous ne faites pas de consultations, rien ne vous sera facturé.
Vous recevrez le montant de vos honoraires par virement bancaire, directement sur votre compte, chaque 1er du mois. Les 7 derniers jours du mois vous seront versés le mois suivant.
Si vous décidez de fermer votre compte, le solde de vos honoraires vous sera payé le 1er du mois suivant par virement bancaire.
Calcul des commissions sur le parrainage
Commission sur le parrainage = (montant total des consultations réalisées par le réseau de parrainés * commission de Now Online) * 10%
La commission de parrainage est créditée sur le compte de l’Expert le 1er de chaque mois.