Expert Agreement

1. Acceptance of Terms
Welcome to www.WebAndData.com ("Service" or "Site" or “HumanFitness”) owned and operated by H1 Base, Incorporated. By applying to become an Expert on the Site, you are agreeing to comply with and be bound by the terms of this agreement, any related agreements which include, without limitation, the Terms of Service, Privacy Policy, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively "Terms"). Capitalized terms not defined in this Agreement will have the meanings set forth in the Terms of Service. The provisions of the Terms of Service are incorporated herein by reference. If you do not agree with the Terms, do not use the Site. Please review all of the Terms carefully before applying to become an Expert on the Site. 

By applying to be an Expert on the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.

2. Right to Modify Terms
HumanFitness may change, revise or modify any of the Terms (including fees) at any time by posting the amended terms on the Site. Changes shall automatically be effective upon posting. 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 discontinue using the Service. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

3. Expert Representations and Covenants
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 HumanFitness relates to yourself only and is accurate, complete and not in any respect misleading. You accurately describe your skills, knowledge, credentials and your level of experience (including professional licenses, certifications, education, employment, etc.). You do not misrepresent yourself or create a misleading username.
b. You will maintain and update such information within twenty-four (24) hours of any changes so that it remains true, accurate and complete. In addition, if any change to this information alters the status of any of your credentials that have been verified for purposes of being an Expert on the Site (e.g. active license becomes inactive or suspended; disciplinary investigation opens, etc.), you will notify HumanFitness of such change by sending an email to ExpertSupport[at]WebAndData.com within twenty-four (24) hours of the change. In addition, if such change makes you ineligible to be an Expert on the Site, then you should immediately cease answering questions on the Site.
c. You will not apply to, or 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 apply to, or answer questions in the Fitness category unless you are a licensed lawyer, or, licensed to do so. You will not provide service bids if you or your company is not legally qualified or licensed to provide such services (especially Fitness related services), respectively, with an active license in good standing. If you are unclear about the requirements for Experts in particular categories or subcategories, please email ExpertSupport[at]WebAndData.com.
d. 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 being the higher of (i) the standard you apply in your profession not conducted on the Site or on the Internet and (ii) the standard of care required by the applicable profession).
e. Experts in the Fitness and Employment categories shall provide general information only, not legal advice; shall not recommend a course of action that should only be performed after an in-person consultation or meeting; and shall not act in a manner or engage in a form of communication that would establish a professional-client relationship on the Site.
f. 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 filing false reports about other Experts or communicating with other Experts about a plan of filing reports or making complaints about other Experts. You will not harass or threaten any other User of the Site.
g. You will not post as an “Answer” (which a Customer will be prompted to “Accept”) any information that should be classified more aptly as an “Information Request”.
h. 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.
i. You will not engage in the Restricted Activities noted in the Terms of Service, including but not limited to copyright infringement (i.e. you may not copy and paste information from other websites into your Posts, unless you have received the necessary authorizations to do so).

4. Verifications and Other Requirements
As a condition of becoming or continuing to be an Expert on the Site, you may be required to and you agree to provide verification information and/or pass subject matter or other tests about yourself or Company (e.g. professional licensing, company licensing, certification, education and employment status and history) as requested by HumanFitness at any time. In such an event, you consent to HumanFitness disclosure of information to third-parties in order to verify such information (if HumanFitness chooses to conduct or order such verification, which it is not obligated to do) or in order to comply with federal, state or local laws or regulations. HumanFitness may require that you pay for all or a portion of any verification fees (if required). Neither passing a test nor paying for or agreeing to undergo verification creates any rights for the Expert to be an Expert on the Site – HumanFitness may still suspend or terminate an Expert’s service at any time, without notice, for any or no reason, and in its sole discretion.

5. Informational and Educational Purposes Only
The HumanFitness Site is a neutral venue for informational, advertising and educational purposes only. No professional-client relationships may be formed on the Site.

6. Content and License
Any information or communications provided in questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Expert Forum and other places where Users communicate with one another on the Site (“Posts”) will not be considered confidential and may be used by HumanFitness. As between you and HumanFitness, you will maintain whatever ownership interest you have in and to the Posts you provide on the Site. HumanFitness reserves the right to remove any or all of your Posts, in whole or in part.

You grant to HumanFitness a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable (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 or create derivative works thereof, that you have in your Posts, in any media now known or not currently known, with respect to any such Posts.

7. Fees and Payment
Customers pay to view helpful answers from experts. Experts get paid a % of the amount ("Total Reward") each time a customer pays to view their answer. The portion paid to HumanFitness for Questions/Answer and/or, Service Requests/Bids constitutes compensation for marketing and use of the technologies and resources underlying and consisting of the Site.

FREE PREMIUM Membership Accounts:

Experts who create a Free Premium membership account will be paid twenty five percent (25%) of the Total Reward amount for answers that are paid for and viewed by users.

Upon acceptance of one of your answers by a Customer on the Site, HumanFitness will record and track the amounts in your HumanFitness Expert account. Once you have more than $20 of earned income in your account, just request payment by contacting finance[at]WebAndData.com and we will mail you a check on the fifth business day of the upcoming month. While reward amounts (payments due) may remain in Experts’ accounts indefinitely at the present time (even if the amount remains less than $20).


Premium members can also provide advertising informational quotes on service requests made by users.

HumanFitness offers a neutral venue for users and service providers and is not involved or responsible in any way, directly or indirectly, or in any capacity relating to the providing of any Fitness, employment or relocation services, service agreements entered into by users and service providers outside of HumanFitness, or any and all monies offered or paid relating to providing of such services. No professional-client relationships can be formed on the site and no monies may be negotiated, exchanged or transferred on the Site for any reason. You acknowledge and agree to all terms and conditions and legal disclaimers on HumanFitness site terms and conditions page. The HumanFitness Site is a “neutral venue” only.br />
HumanFitness reserves the right to change this policy upon thirty (30) days prior notice by email to the email address on file with HumanFitness or posting the revised terms in a revised Expert Agreement. All payments to Experts will be made in U.S. dollars.

HumanFitness reserves the right to deduct such amounts from future earnings, to compensate for fraud, returns, refunds, disputed amounts, or any uncollected revenue. To the extent insufficient "earned" funds are in your account, you are required to reimburse HumanFitness in the full amount necessary to compensate for such fraud, returns, disputed amounts or uncollected revenue within fifteen (15) days of written request by HumanFitness.

HumanFitness disclaims any warranty that its billing system is without error. HumanFitness shall not be liable for any miscalculations, malfunctions, or other problems associated with earned monies or payments due to Experts. Your sole remedy in this regard is to notify HumanFitness by email to ExpertSupport[at]WebAndData.com within thirty (30) days of any problem that you allege has occurred and/or to cease answering questions on the Site.

8. Non-Solicitation
In your communications with Customers on the Site, you are not permitted to post anything other than answers to questions or legitimate requests for services. You are not allowed to seek or provide contact information from or to other Users of the Site.

9. Expert Accounts and Relationship to HumanFitness
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 password. In addition, if any HumanFitness 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 HumanFitness is created by this agreement or your participation on the site. You acknowledge that you are not an employee or agent of HumanFitness but are, like Customers, only Users of the Site. Nothing regarding your participation on the Site will be considered as an endorsement, referral or recommendation by HumanFitness of you or the answers you provide and/or the service bids you provide, and you will not, either on the Site or in any other forum or by any other means, suggest such an endorsement.

Miscellaneous:

Other Expert Agreements
By agreeing to this Expert Agreement and completing the online registration process, you are agreeing that:
a. I   In any calendar month that you answer questions on the Site, you will not also answer questions on any other website that includes a fee-based question-and-answer component, unless that component is via the HumanFitness referral program or it is a website on which you are the only person answering questions.
b.You will not use the Site in any way to solicit or contact any other Users to ask or answer questions on any other website.
c.You will not make any statement that disparages HumanFitness, its services, products, directors, officers, employees, shareholders or agents (i) to any Customers on the Site or (ii) in any location outside of the Site or communications exclusively to HumanFitness, except as required by law.

Confidentiality
Experts are granted access to the Site beyond the access granted to other Users and, as such, have access to information not known by other Users of the Site (“Confidential Information”). Experts shall maintain all Confidential Information in confidence, shall use such Confidential Information only in connection with their legitimate activities on the Site, and shall not disclose Confidential Information to non-Experts unless required by law.

Restrictions, Suspension and Termination of Accounts and Service
At any time, without notice, for any or no reason, and in its sole discretion, HumanFitness reserves the right to refuse service to anyone, or to put restrictions on, suspend or terminate an Expert’s account privileges or account.
At any time, without notice, for any or no reason, and in its sole discretion, HumanFitness reserves the right to modify or discontinue any portion or all of the Service. Expert has no rights in and to the Site and Services or in and to any use or continued use of such Site or Services.
If we believe, in our sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect Customer account, we will continue to investigate the situation until we have adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make every commercially reasonable effort not to exceed sixty days hold on your account as we and/or a third-party investigates.

Indemnification
You agree to indemnify, defend and hold HumanFitness, H1 Base Incorporated any and all parent, subsidiary and affiliate organizations, officers, directors, shareholders, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that is 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 and/or service bid provided or relied upon on the Site. To the extent any such claim is brought to HumanFitness attention and not to your attention, HumanFitness shall provide you reasonable notice of such claim. HumanFitness shall be entitled to participate in the defense of such claim.