Updated : Feb 29th, 2024
The Muze Site is a venue for informational and educational purposes, owned and operated by Muze, that exists solely to broker relationships between Experts and potential Customers of those Experts who are interested in purchasing their Expert services. Muze 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 Muze, provide the content in Posts (defined below). The Experts determine which questions to answer; Experts are not employees or agents of Muze 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.
Muze is not involved in the conversations between Customers and Experts. You understand and acknowledge that Muze cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of calls. Muze shall not be liable for any acts or omissions of Experts, content in Posts or the ability of Experts to answer questions. We cannot ensure that an Expert will complete a transaction. Notwithstanding the foregoing, Muze 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.
Use of the term "Expert" by Muze 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.
Muze 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 Muze will not be liable for any loss or damages caused by your reliance on any information or content contained in Posts.
Answers of Experts on the Site or app 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 answering questions, 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 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.
User Accounts. When you register as a User on the Site or in the app, you can establish a user name and limited time authentication number (via email) for access to your online account. You are responsible for maintaining the confidentiality of your user name, 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 Muze of any unauthorized use of your account. You should only create one account on the Site. If your Muze 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 Muze 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 Muze. 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 Muze 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 or any Additional Services (whether such Additional Services are Informational or Beyond-Information Only, as defined below) 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 (Muze can remove unauthorized use of copyrighted material); (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 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 that are prohibited under the Terms or that you do not have a right to link to or include. 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 Muze’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. Terminations typically will be effective within thirty 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. The procedure for Experts to terminate their accounts is set forth in the Expert Agreement.
At any time, with or without notice, for any or no reason, Muze reserves the right to modify or discontinue any portion or all of the Site or Services, and to restrict, suspend and terminate Customers’ and/or Expert accounts.
Terms and Conditions Specific to Mobile Applications. Once you have registered as a User on the Site, you may elect to download and use different versions of the Muze mobile application (the “App”). Download and use of the App is required. By downloading and using one or more versions of the Muze App, you agree that in addition to this Agreement governing your use of the App and the Muze, the following terms and conditions specifically applicable to your use of the App (the “Mobile Terms”) also apply to you:
(a) You acknowledge that the Mobile Terms and the Agreement is between you and Muze, and not any other third-party beneficiary (as defined below in (b)) and you understand that Muze is solely responsible for the App;
(b) Additionally, Apple, Google, Inc., or Microsoft Corporation will be a third-party beneficiary to this contract if you access the Muze platform using Applications developed for Apple iOS, Android, or Microsoft Windows mobile devices, respectively;
(c) Your access and use of the Muze App using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service;
(d) The third-party beneficiaries listed above are not parties to this Agreement and are not responsible for the provision or support of the Muze platform in any way;
(e) If you are accessing the Muze App through an Apple device, you acknowledge that Apple and its subsidiaries (collectively, “Apple”) are third party beneficiaries of the Agreement and upon your download of and use of the App indicating your assent and agreement to the Mobile Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Mobile Terms against you as a third party beneficiary thereof.
Muze’s platform allows Customers to post questions to Experts in subject-matter categories, facilitates communication with Experts via chat, emails, calls, video calls, and online message boards, and enables delivery of answers to your questions, among other services (“Site Access Benefits”). Customers on the Site or may be presented with one of three payment models: (1) pay-per-call model; (2) membership model; and (3) additional services model (which is explained in Section E below).
Pay-Per-Call. With the pay-per-call model, you select the expert that you are willing to pay for to ask questions, and/or talk to. Once you have selected expert and submitted your payment information, your call will start or be booked for a later date and/or time. Customers are charged in one of three ways depending on the payment source, as described on the payment page: (i) when the call starts; (ii) when the call is scheduled; or (iii) when the call is extended.
Membership. Memberships allow Customers to receive Site Access Benefits for multiple in-app text messages on the Site for a monthly or other-period recurring fee. Customers who elect to pay for memberships are hereinafter referred to as “Members.” The fee is automatically charged to the Member’s payment source provided on the Site and placed in the Customer Payment Pool (account of all Members’ payments). Muze will post a notice of an auto-renewal to your account of your membership. Auto-renewal will remain in effect until withdrawn by you or terminated by Muze. You can stop auto-renewal of your membership by (1) sending a written notice of cancellation via e-mail to contact@muzeconnect.com or (2) talking to a customer support agent via our online chatbot. You can cancel your membership at any time, no refunds will be provided but you will continue to have access to the Site Access Benefits until the next billing cycle.
Rating the Expert. Experts typically answer Customers’ calls quickly. If the Expert requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Expert to allow the Expert to help you better.
Muze does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. For Pay-Per-Call Customers, in the rare instance that no Expert responds at all to your question, you agree that any amount up to $5 that was charged upon posting of your question may be retained by Muze in consideration for the Site Access Benefits received. See Refunds section below for information on requesting a refund.
Memberships - Additional Terms. Muze Memberships are intended and authorized only for personal, non-transferrable, not-for-resale use only. Muze should not be used for purposes of plagiarism in any context or in cheating in the academic setting. Notwithstanding any other terms, Muze reserves the right to cancel your Muze Membership in its entirety at any time and for any reason, with or without prior notice, including, but not limited to, your excessive use (as determined by Muze in its sole discretion). In the event that Muze cancels a Muze Membership, it will refund the current period’s fee, unless the account was terminated for violation of use.
In order to prevent fraudulent use of the Membership program by Customers, Customers who have purchased Memberships are ineligible to participate as Experts on Muze during the term of their Membership, as are their immediate family members (spouse, parent, child, sibling and spouse or “step” of each) and those living in the same households (persons, whether related or not, who lived in the same residence as the Member for at least three (3) months during the twelve (12)-month period preceding the start of the Muze Membership).
Some categories are not covered by Memberships – for privacy reasons. Members will be bound by their Membership Details so please be sure to review them carefully.
No Refunds except as set forth herein. All membership fees are non-refundable. Memberships that are cancelled in the middle of the payment period will not have pro-rated billing, refunds or other credits. To cancel a Membership, you may use one of the following methods: 1) write an email to contact@muzeconnect.com requesting cancellation of your membership, or 3) log into your Muze account, under the “My Account” page, click the Membership button on the left and then click on the “Cancel membership” button. You may be offered a chat to request your feedback on your membership experience before re-directing you to a self-help page where you can submit your request to cancel.
Muze maintains the right to initiate special incentive pricing, membership, and other programs. These may be limited, at Muze’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into Customer accounts by Muze for use towards Site Access Benefits on the Site remain the property of Muze (they never become the property of Customers and never become refundable to the Customer), and unless otherwise stated on the Site or in an email to a Customer, will be usable only for thirty (30) days.
Users are responsible for their acts and omissions and content placed on the Site. Muze will not be liable to Users for any disputes that may arise between or among Users.
You acknowledge that Muze and its licensors and suppliers own the rights to the Muze website and the content displayed on the Site. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Muze 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 Muze, Muze Users, or Muze 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 Muze 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 Muze (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 Muze 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 Muze 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 Muze 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 Muze webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.
We 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 Muze 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 Muze is not responsible or liable for the deletion or failure to store content and/or other information.
Exclusion of Warranties
MUZE 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. MUZE 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. MUZE 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 MUZE 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 MUZE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY.
IN NO EVENT SHALL MUZE, 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 MUZE 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.
You agree to indemnify and hold Muze, 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.
The Site may contain press releases and other information about Muze. 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 Muze. Likewise, third-party press about Muze or the Site should not be relied upon as being provided or endorsed by Muze.
Except as set forth in the secion below, the parties agree that this Agreement and any and all claims, causes of action or disputes (regardless of theory) between you and Muze 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.
If you are an Expert with a dispute, claim or controversy of any sort and of any nature (collectively, “dispute”) against Muze in your capacity as an Expert, then the arbitration agreement in the Expert Agreement applies instead of this one. If your dispute with Muze is made in your capacity as User who is not an Expert, then the following dispute resolution provisions apply.
This Section may be referred to as the parties’ “Dispute Resolution Agreement.” If you have a dispute with Muze or if Muze 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.
(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: https://services.adr.org/eroom/faces/welcome_and_steps.jspx. If that link does not work, please contact contact@muzeconnect.com at Muze 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 contact@muzeconnect.com at Muze for updated information. If either party requests mediation and both parties consent to mediation, the costs of mediation will be 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 MUZE, YOUR USE OF THE SITE AND/OR ANY MUZE SERVICE, OR ANY AGREEMENT BETWEEN YOU AND MUZE. 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 MUZE 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.
Consent to Jurisdiction in California: The parties agree that the arbitration will be conducted in San Francisco, California unless you and Muze agree otherwise.
(d) CLASS ACTION WAIVER. YOU AND MUZE 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 MUZE, 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 MUZE 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 Muze 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.
The Terms constitute the complete and exclusive statement of the Agreement between you and us on the subject matter addressed herein. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. For those Users who have become Experts, nothing in this Agreement supersedes the terms of the Expert Agreement, and in the event of a conflict between this Agreement (or later versions of this Agreement) and the Expert Agreement, the terms of the Expert Agreement shall prevail. If there is a conflict between an oral or written representation of any Muze employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Muze), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail over other Terms of the Site; also, this Agreement, the Privacy Policy, and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Muze’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Muze’s right to exercise or enforce the Terms as to the same or another instance. Headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
You agree that Muze may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including, but not limited to, because your interaction with other users of the Site, the pricing offered, and fraud mechanisms in place, are based upon individual usage. Muze shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an officer of Muze. No delay or omission on the part of Muze in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.
You may be presented with an offer for services outside of the Site’s standard call platform (“Additional Services”).
Muze is only a venue which facilitates communication between Experts and potential Users of Additional Services. It does not provide any of the substance or content of any Additional Service initiated through Muze’s platform.
Muze will in no way be liable for any acts or omissions of Experts in performing Additional Services (or any services) for you.
If you agree to accept Remote Desktop services (whether such services are Information Only or Beyond Information Only) from an Expert, you understand and agree that by accepting such offer for services, you are agreeing to give the Expert full access to and control over your computer (including permission to download and use software on your computer, gather system data, modify settings, etc.) for computer diagnosis, service and repair. You agree that any third-party software acquired, installed or used during the Remote Desktop session, by you or by the Expert, will be licensed to you, and that any terms of use relating to the third-party software are agreed to by you, that Muze may record via video the Remote Desktop Session for internal purposes, and that you will not use the Expert’s services to do anything unlawful.
Additional Services may be: (1) “Information Only;” or (2) “Beyond Information Only.” “Information Only” Additional Services are those additional services outside the Site’s standard question-and-answer platform and may be conducted off the Site (either by phone, chat, email, remote desktop or any other third-party tool) but remain for general informational services only. Additional Services that are “Beyond Information Only” facilitate Legal, Financial, Medical, Health, Pet, and Large Animal Category Users’ exchange of services that are more than informational and that could potentially evolve into a professional relationship.
If you decide to accept Information Only Additional Services, you understand that by receiving such Additional Services, you are agreeing to the following terms and conditions:
a. Any Information Only Additional Services you receive from a legal, financial, tax, medical or veterinary professional are for general informational purposes only.
b. The legal, financial, tax, medical or veterinary professional from whom you are receiving Information Only Additional Services is not acting as your attorney, tax advisor, stock broker, financial advisor, doctor or veterinarian.
c. The legal, financial, tax, medical or veterinary professional from whom you are receiving Information Only Additional Services may not be licensed in the jurisdiction where you are located.
d. The Information Only Additional Services are not subject to an attorney-client/ accountant-client/fiduciary-client/broker-client/doctor-patient relationship or attorney-client/ accountant-client/doctor-patient privilege. Before applying the Information Only Additional Services to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.
e. Any amounts a Customer pays for Information Only Additional Services are divided into two distinct parts: (i) Muze’s fee for enabling the call, offer and/or fulfillment of Additional Services and related services (“Additional Site Access Benefits”); and (ii) the Expert’s fee for the specific Additional Service provided to the User. Muze does not share in any Expert’s fee.
f. Once you accept an offer for Information Only Additional Services, your payment method on file, if any, will be automatically charged the Additional Services amount. If you have already asked a question, received a response and have not yet rated the Expert, if you then proceed to accept such Expert’s offer of Additional Services, you will be deemed to have accepted the response as if you had given such Expert a “5” rating (See Section 9, Rating the Expert, above).
Welcome to Muze (“Service” or “Site”) owned and operated by MuzeConnect LLC (“Muze”).
By applying to become an Expert on the Site, you are agreeing to comply with and be bound by the terms of this Expert Agreement (the “Agreement”), the privacy policy, expert community guidelines, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively “Terms”). Please review all of the Terms carefully before applying to become an Expert on the Site.
By using the Site, you: (i) agree to be bound by the Terms; (ii) represent that you are over the age of eighteen (18) and able to form legally binding contracts; (iii) agree and acknowledge that by using the Service you are accepting a benefit that cannot be disgorged; (iv) acknowledge that the Service is subject to U.S. export controls and agree that you will comply with U.S. export controls; and (v) represent that you are neither located in a sanctioned country nor a prohibited person.
The words “User,” “you” and “your” refer to the individual or entity that creates an Muze account. “Muze,” “we,” “us” and “our” refer to Muze. “Customer” refers to the person who asks a question on the Site. “Expert” refers to the person who answers a question on the Site.
When you visit Muze or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. 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. You agree to provide us with, and maintain in your Muze account profile, your current and active email address.
Muze reserves the right to change, revise or modify the Terms (including, but not limited to, fees) at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting; provided, however, that those changes that Muze, in its sole discretion, deems material changes to the Terms will be effective upon the earlier of: (1) the agreement of the User; or (2) thirty (30) days after notice to the existing User via an email from a MuzeConnect email address to the User’s email address on file with Muze or via other means including, but not limited to, a banner, message, or other conspicuous notice on the Muze website. Your continued use of the Service will signify your acceptance of the changes regardless of whether you actually saw or read the notice regarding such change(s). If you do not accept the changes, your sole and exclusive remedy is to discontinue using Muze. The latest Terms will be posted on the Site, and you should review them prior to using the Site.
The Muze Site is an online venue for informational and educational purposes, owned and operated by Muze, that exists solely to broker relationships between Experts and potential Customers of those Experts who are interested in purchasing their Expert services. Muze 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 Muze, provide the content in Posts (defined below). The Experts determine, in their sole discretion, which calls to answer and engage. Experts are not employees or agents of Muze. Rather, they are independent service providers using the Site to sell their Expert knowledge to Customers and, as such, are along with Customers simply Users of the Site.
Muze is not involved in the conversations between Experts and Customers. Muze shall not be liable for any acts or omissions of Experts, content in Posts or calls, the ability of Experts to answer questions, or the ability of Customers to pay for answers. We cannot ensure that a Customer will complete a transaction. Notwithstanding the foregoing, Muze reserves the right, but is not obligated, to refuse to post or to remove any content on 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.
The Site is an Internet-based forum. Information and materials submitted in the content of questions, answers, video calls, requests for information, responses, profiles, signatures, qualifications, and messages (collectively “Posts”) is private and confidential. Muze does not have access to video calls during or after the call.
By agreeing to this Expert Agreement and completing the online registration process, you are representing and agreeing that:
(a) All information you provide in your registration with Muze relates to yourself only and is accurate, complete, and not misleading.
(b) You accurately describe your background, skills, knowledge, and your level of experience (including professional licenses, certifications, education, employment, etc.).
(c) You will not misrepresent yourself, such as, but not limited to, using or creating a misleading username.
(2) Muze reserves the right, and Expert agrees to comply, to periodically audit the credentials of any Expert on the platform.
(e) You will not answer questions in any of the other categories or subcategories if you do not meet the requirements of those categories or subcategories. As an example, you will not answer questions in any of the Legal, Medical or Veterinary categories or subcategories unless you are a licensed attorney, MD/DO or veterinarian (or the local equivalent), respectively, with an active license in good standing. If you are unclear about the requirements for Experts in particular categories or subcategories, please email contact@muzeconnect.com.
(f) You will provide competent answers that are within your realm of expertise and any applicable credentials only, and will use at least a reasonable standard of care in providing answers. A reasonable standard of care is the higher of: (i) the standard you apply in your profession not conducted on the Site; or (ii) the standard of care required by the applicable profession.
(g) Experts in the Medical, Health, Veterinary, Pet, or Large Animal categories shall provide general information only, not medical or veterinary advice. They shall not diagnose, treat, or recommend treatment or a course of action that should only be performed or recommended after an in-person examination or meeting, and they shall not act in a manner or engage in a form of communication that would establish a professional-client relationship on the Site; however, they may do so outside of the Site.
(h) Experts in the Legal categories must be attorneys licensed to practice law, and be in good standing, in at least one jurisdiction in the United States or foreign country. Such Experts shall provide general information only, such as providing descriptions of general principles of law, and shall not provide legal advice. In responding to questions, Experts in the Legal Category shall not apply their legal knowledge or skills to resolve or advise on the Customer’s specific factual circumstances described in the question, such as by proposing a specific course of action (other than advising the User to seek the advice of an attorney licensed to practice in the relevant jurisdiction). Experts in the Legal Category shall not form an attorney-client relationship on the Site; however, they may do so outside of the Site.
(i) You will not do anything to manipulate, undermine, or disrupt the integrity of any Customer, Expert, or other feedback ratings, reports, or systems on the Site, including, but not limited to, by filing false reports about other Experts. You will not harass or threaten any other User of the Site.
(j) You will not disclose (which a Customer will be prompted to rate) any information that is classified more aptly as an “Information Request.”
(k) You will abide by all the laws, rules, regulations, and ethical standards pertaining to your profession and/or the profession applicable to categories in which you are an Expert (including, if applicable, any ethical obligations relating to conflicts of interest).
(l) You agree that any content you provide on the Site and your use of the Site or any additional services (whether such additional services are Informational or Beyond-Information Only, as defined below) 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; (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. 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 Muze prior written consent. We do not knowingly collect personal information from children under thirteen (13) years of age, and if we become aware that a child under the age of thirteen (13) has submitted personal information to us, we will promptly remove it from our systems.
(a) This Agreement shall be for an initial duration of thirty days after Muze approves the Expert’s request to use the Site as an Expert, and will automatically renew for thirty-day intervals on the thirtieth day of the initial duration and of each successive term thereafter (each a Duration), unless and until one party gives the other at least ten days written notice before the end of the then-current Duration of its intention not to renew this Agreement. You may terminate your service and account by written notice via e-mail to contact@muzeconnect.com. Terminations typically will be effective within seven (7) business days after our receipt of your termination notice, at which time your account will be closed, and you will no longer be able to access your former account. Any payments accrued as of the effective date of termination will be payable according to the Terms.
(b) Muze can terminate this Agreement in the event of a breach of this Agreement by the Expert, provided that Muze gives the Expert notice of the breach of the Agreement (with notice of temporarily suspended access to the Site), with a reasonable opportunity to cure the breach within twenty days, in situations involving, for example, failure to qualify to provide services as an Expert in the approved subject matter, or Muze’s good faith belief that the Expert poses a risk to the safety or health of others; or the Expert’s engagement in fraud, gaming, or other improper use of the Site or the Services with or through a Customer that has a Membership, which allow Customers who are “Members” to receive the benefits of the Site for multiple questions on the Site for a monthly or other-period recurring fee.
(c) Either party may terminate the Expert Agreement immediately and without notice upon a material breach.
The Muze Site is a venue for informational and educational purposes only. The formation of a professional-client relationship on the Site is prohibited; however, the formation of a professional-client relationship outside the Site is not prohibited, as long as the User requested those services. Promoting non-free services, provided by the Expert, outside of the Muze site is prohibited, except in the case the User requests this information.
Muze charges a flat 10% platform fee on all payments.
Customers on Muze may be presented with one or two payment models: (1) pay-per-call (“PPC”) model; and (2) membership model. Question values are based on the Customer payment amount and other factors including but not limited to, Customer-related needs and estimated costs to Muze, which factors are determined and may be changed from time-to-time by Muze in its sole discretion, as well as the factors explained below. Payments to Experts from Customers do not accrue interest.
You acknowledge that Muze has no control over, and makes no representation or warranty of any kind, as to the ability or willingness of other Users to pay for the answers provided by Experts. In addition, you acknowledge that you are never required by Muze to answer any questions on the Site.
You agree that Muze has the right to resolve Customer complaints as it deems necessary or advisable, including, in Muze’s sole discretion, issuing refunds to Customers to settle disputes. If Muze decides to issue a refund to a Customer, Muze may seek reimbursement from the Expert for such refund, or Muze may offset any refunds against any future Customer payments to be forwarded to the Expert. Muze also reserves the right to resolve accounting discrepancies with Customers in its sole discretion.
If Muze believes, in its sole discretion, that any Customer funds were paid to an Expert under suspicious circumstances or that funds were derived from a suspicious Customer account, Muze will investigate the situation until it has reached an adequate resolution, as determined by Muze in its sole discretion. The investigation or resolution may require the involvement of certain third parties, such as an applicable credit card company. Such an investigation may require Muze to put a hold on an Expert’s account. Muze will make commercially reasonable efforts not to exceed a 90 day hold on an Expert’s account during such an investigation.
Muze disclaims any warranty that its billing and payment system is without error. If an Expert believes there is a problem with Muze’s billing or payment system, the Expert should notify Muze by email to contact@muzeconnect.com within thirty (30) days of such problem. Upon receipt of the notification of such a problem, Muze will, in good faith, work to remedy any alleged payment errors.
You are prohibited from negotiating payment with a User, regarding answers you post to the Site, unless expressly allowed by Muze.
You may not share your account with, nor use the account of, anyone else. You will be solely and fully liable and responsible for all activities and answers provided under your username and account. In addition, if any Muze account of yours has been suspended or terminated, you may not open another account on the Site.
No relationship (such as partnership, agent, joint venturer, or employee) between you and Muze is created by this Agreement or your participation on the Site. You acknowledge that you are not an employee or agent of Muze but are, like Customers, only Users of the Site. You shall act in accordance with this status and shall not hold yourself out as an officer, employee or agent of Muze, nor make any claim based on any right or privilege applicable to Muze’s employees. Under no circumstances shall you look to Muze as your employer, or as a partner, agent, or principal. Nothing regarding your participation on the Site will be considered as an endorsement, referral or recommendation by Muze of you or the answers you provide and you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.
It is the express intention of Muze and the Expert that the Expert be an independent contractor. Nothing in this Agreement shall in any way be construed to constitute the Expert as an agent, employee, or representative of Muze. Without limiting the generality of the foregoing, the Expert is not authorized to bind Muze to any liability or obligation or to represent that the Expert has any such authority. Expert agrees to furnish all tools and materials necessary to answer questions on the Site and shall incur all expenses associated with such performance. Expert further agrees that any use of site tools, Muze’s mobile application or any other tools (“Tools”) offered by Muze is optional and such Tools are purely offered for Expert’s convenience and usage of such Tools are not mandatory. Expert acknowledges and agrees that Expert is obligated to report as income all compensation received by Muze pursuant to this Agreement. Expert agrees to and acknowledges the obligation to pay all self-employment and other taxes on such income. Expert will receive no Muze-sponsored benefits such as, but not limited to, paid vacation, sick leave, medical insurance, and 401k participation. If Expert is reclassified by a state or federal agency, court, or arbitrator as Muze’s employee, Expert will become a reclassified employee and will receive no benefits from Muze, except those mandated by state or federal law, even if by the terms of Muze’s benefit plans or programs of the Company in effect at the time of such reclassification, Expert would otherwise be eligible for such benefits.
You acknowledge that Muze and its licensors and suppliers own the rights to the Muze 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 Muze 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 Muze, Users, or Muze 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, but not limited to, 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 Muze 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 Muze (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 Muze is prohibited. This prohibition specifically applies to, 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 Muze or copy, display, distribute, perform, or create derivative works from content displayed on the Site or other intellectual property in violation of this Agreement, your access, copying, display, distribution, performance, or derivative work is unauthorized. Circumvention of any technological restriction or security measure on Muze or any provision of this Agreement that restricts content, conduct, accounts or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of Muze webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101.
Please note that Experts are granted access to the Site beyond the access granted to other Users and, as such, have access to information not known by non-Expert Users of the Site (“Confidential Information”). Experts shall maintain all Confidential Information in confidence; shall use such Confidential Information in confidence; shall use such Confidential Information only in connection with their legitimate activities on the Site; shall not use Confidential Information for the purpose of developing, operating, or participating in any competing service; and shall not disclose disclose Confidential Information to non-Experts unless required by law.
Muze may endeavor to offer to its Users products and services offered by non-Muze entities. The Site may contain links to third party websites and service providers (collectively, “Third Party Services”) that are not owned or controlled by Muze. Muze has no control over and assumes no responsibility for the content, practices, and privacy policies of such Third Party Services. Muze 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. Muze cannot and will not censor or edit the content of any Third Party Service. Placement of information, logos, links, or names of such non-Muze 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 Muze 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 Muze harmless from any and all liability arising from such actions, and you expressly relieve Muze from all liability arising from your use of Third Party Services. 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.
We 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 Muze 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 Muze is not responsible or liable for the deletion or failure to store content and/or other information.
MUZE 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. MUZE 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. MUZE 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 MUZE 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 USERS’ SOLE RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MUZE OR THROUGH OR FROM THE MUZE SERVICES SHALL CREATE ANY WARRANTY.
At any time, with or without notice, for any or no reason, and in its sole discretion, Muze reserves the right to modify or discontinue any portion or all of the Site or the Services. Expert has no rights in and to the Site and Services.
You are never required to answer any questions posted on the website or asked on a call.
The Site may contain press releases and other information about Muze. 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 Muze. Likewise, third-party press about Muze or the Site should not be relied upon as being provided or endorsed by Muze.
You agree to indemnify and hold Muze, any and all parent, subsidiary and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, 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, including, without limitation, that results from any answer provided or relied upon on the Site.
This Section may be referred to as the parties’ “Dispute Resolution Agreement.” If you have a dispute with Muze or if Muze 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:
(1) Notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the Expert’s email address on file with Muze or contact@muzeconnect.com.
(2) The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond.
(3) 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 either 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: https://services.adr.org/eroom/faces/welcome_and_steps.jspx https://www.aaamediation.org. If that link does not work, please contact contact@muzeconnect.com at Muze 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 contact@muzeconnect.com at Muze 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.
(i) Mutual agreement to arbitrate. If mediation does not occur or if mediation does not resolve the dispute, then both parties agree that all disputes between them, including without limitation, those disputes arising out of or related to this Agreement, the Services provided under this Agreement, the termination of this Agreement, the use of the Site, and the “Terms” as defined in the Agreement, shall be determined exclusively by final and binding arbitration before a single, neutral arbitrator as described herein.
(ii) Covered claims. Claims subject to arbitration under this Dispute Resolution Agreement include, but are not limited to, the following types of claims between and among Expert on the one hand, and Muze, its subsidiaries, affiliates, shareholders, officers, directors, employees, benefit plans, or agents, any alleged joint employers, and any of Muze’s Users (including Customers and Experts), on the other hand: breach of contract; discrimination, harassment, or retaliation; wrongful discharge; negligence or other tort claims including defamation, libel, slander, fraud, invasion of privacy, and infliction of emotional distress; claims for wages, overtime, benefits, or other compensation; and all other statutory, regulatory, contractual, or tort claims or claims of violation of any international, federal/national, state/provincial, or local statute, ordinance, governmental enactment, common law duty, provision, or doctrine. Except as provided below, the parties voluntarily waive all rights to trial in court before a judge or jury on claims between them. Judgment upon the arbitrator's award may be entered in any court of competent jurisdiction. The only disputes and actions excluded from this Dispute Resolution Agreement are: (a) actions to enforce this Dispute Resolution Agreement, compel arbitration, or claims by either party seeking temporary injunctive relief prior to the appointment of the arbitrator; and (b) claims for which this Dispute Resolution Agreement would be invalid as a matter of law. Individual knowingly and voluntarily waives the right to file or seek relief in a court seeking recovery of money damages.
(iii) Arbitration rules and selection of arbitrator. Unless the parties agree otherwise in writing, the AAA shall administer the resolution of covered disputes pursuant to the Commercial Arbitration Rules and the supplementary procedures for Consumer Related Disputes (collectively, AAA rules). 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. Federal Rule of Civil Procedure 68 (“Offer of Judgment”) shall apply, as well. In the event of any inconsistency between this Dispute Resolution Agreement and the applicable rules of the AAA, this Dispute Resolution Agreement shall govern. The parties shall have 30 days from receipt of a notice of arbitration to select a mutually agreeable arbitrator. If the parties are unable to jointly select the arbitrator, the arbitrator shall be selected as provided in the AAA’s rules.
(iv) Commencement of arbitration and location of hearing. A party wishing to initiate arbitration must notify the other party in writing by hand delivery or certified mail. The notice must identify the party requesting the arbitration, and it must describe the facts upon which the claim is based, the date and location of any occurrences giving rise to the claim, and the remedy requested. Notice must be sent to the Expert’s email address on file with Muze, or contact@muzeconnect.com. The arbitration hearing shall be held in Los Angeles, California.
(v) The payment of filing and arbitration fees will be governed by the relevant AAA rules subject to the following modifications:
1. If the Expert initiates arbitration under this Dispute Resolution Agreement and is otherwise required to pay a filing fee under the relevant AAA rules, Muze agrees that, unless the claim is for $5,000 or more, the Expert’s share of the filing fee is limited to $50, and after the Expert submits proof of payment of the filing fee to Muze, Muze will promptly reimburse the Expert for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of the Expert’s claim or the relief sought in the claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA rules.
2. If Muze initiates arbitration under this Dispute Resolution Agreement, Muze will pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court or agency), including the regular and customary administrative fees and expenses charged by AAA. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
3. Except as provided for in Federal Rule of Civil Procedure 68, each party shall pay its own attorneys’ fees and any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court or agency such as costs to subpoena witnesses and/or documents; take depositions and purchase deposition transcripts; copy documents; etc.).
(vi) Authority of the arbitrator. The arbitrator shall have the same authority to order remedies to individual claimants as would a court of competent jurisdiction. The arbitrator shall also have the same authority to decide dispositive motions as would a court, though he or she may establish appropriate and less formal procedures for such motions consistent with the expedited nature of arbitration proceedings. The arbitrator shall have the authority to issue subpoenas to compel the attendance of witnesses at the arbitration hearing and to compel the production of documents during discovery. Except as provided below, the arbitrator shall have the authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution Agreement, including without limitation any claim that the Dispute Resolution Agreement is void or voidable. The arbitrator shall not have the authority to hear disputes not recognized by existing law and shall dismiss such claims upon motion by either party in accordance with the standards and burdens generally applicable in federal district court.
(vii) Waiver of class, collective, and/or representative actions. Expert understands and agrees that all claims covered by this Dispute Resolution Agreement that Expert may have against Muze must be brought in Expert’s individual capacity and not as a plaintiff or class member in any purported class action, collective action or representative action proceeding. Similarly, any claims covered by this Dispute Resolution Agreement that Muze may have against Expert may not be brought as a plaintiff or class member in any purported class action, collective action or representative action proceeding. Expert understands that there is no right or authority for any dispute covered by this Dispute Resolution Agreement to be heard or arbitrated on a collective action basis, class action basis, as a private attorney general, or on bases involving claims or disputes brought in a representative capacity on behalf of the general public, on behalf of other Muze company employees (or any of them) or on behalf of other persons alleged to be similarly situated. Expert understands that there are no bench or jury trials and no class actions or representative actions permitted under this Dispute Resolution Agreement. The arbitrator shall not consolidate claims of different Experts into one proceeding, nor shall the arbitrator have the power to hear arbitration as a class action, collective action, or representative action. Any disputes regarding the enforceability or scope of this provision including, but not limited to, whether class, collective, or representative actions are authorized in arbitration by this Dispute Resolution Agreement, shall be decided by a court of competent jurisdiction rather than by an arbitrator.
(viii) Form of the award. The arbitrator shall render a written award setting forth his or her findings of fact and conclusions of law.
(ix) WAIVER OF JURY TRIAL. EXCEPT AS PROVIDED EXPRESSLY HEREIN, THE PARTIES VOLUNTARILY WAIVE ALL RIGHTS TO A TRIAL IN COURT BEFORE A JUDGE OR JURY ON ALL CLAIMS BETWEEN THEM COVERED BY THIS AGREEMENT.
(x) Governing law applicable to this Dispute Resolution Agreement. The parties acknowledge that Section 21 contains the parties Dispute Resolution Agreement; that this Dispute Resolution Agreement is made in the course of interstate commerce; that any arbitration under this Dispute Resolution Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq. (the “FAA”); and the parties are subject to the FAA for purposes of the Dispute Resolution Agreement. This choice of law provision applies only to this Dispute Resolution Agreement, and not to the rest of this Agreement or Terms.
(xi) Attorney’s fees; survival; and right to consult. The arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration arising out of or relating to this Agreement, the Terms, and where otherwise provided by applicable law. This Dispute Resolution Agreement section shall survive termination of this Agreement. Expert acknowledges and agrees that he/she is entering into this Dispute Resolution Agreement voluntarily and without any duress or undue influence by Muze or anyone else. Expert further acknowledges and agrees that he/she has carefully read this Dispute Resolution Agreement and that Expert has asked any questions needed for Expert to understand the terms, consequences and binding effect of this Dispute Resolution Agreement and fully understand it, including that Expert is waiving his/her right to a jury trial. Finally, Expert agrees that he/she has been provided an opportunity to seek the advice of an attorney of Expert’s choice before agreeing to this Dispute Resolution Agreement.
The Terms shall be governed by, and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of law provisions, except as set forth in Section 21 of this Agreement (the “Dispute Resolution Agreement”).
Failure to enforce any provision of this Agreement by Muze shall not constitute a waiver of any provision by Muze. If any provision of this Agreement is deemed invalid or unenforceable, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of the Agreement. All provisions not affected by the invalidity shall remain in full force and effect.
The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any Muze employee or agent and the Terms (other than modifications to the Terms executed in writing by the CEO or authorized-in-fact representative of Muze), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, this Agreement and the Privacy Policy will prevail for Experts over other terms, rules, policies, and FAQs on the Site. If any provision(s) of the Terms is held by a court or arbitrator of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Muze’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Muze’s right to exercise or enforce the Terms as to the same or another instance.
Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.
You agree that Muze may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason. Muze shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by an authorized officer of Muze. No delay or omission on the part of Muze in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions.
Certain sections of this Agreement, by their terms, survive the termination of this Agreement.