1. Acceptance and Scope
These Terms of Service ("Terms") govern access to and use of the Xperts websites, web pages, applications, portals, content, and related online services that link to or reference these Terms (collectively, the "Site"). These Terms are between Xperts LLC, a Virginia company, ("Xperts," "we," "our," or "us"), and the person or entity using the Site ("you" or "your").
By accessing or using the Site, creating an account, submitting information through a form, clicking to accept, or otherwise using the Site, you agree to these Terms. If you are using the Site on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
These Terms apply to use of the Site itself. Custom software development, support, maintenance, consulting, or other paid client services are governed by a separate Service Agreement, Statement of Work, Order Form, or other written contract signed or otherwise accepted by the parties. If there is a conflict between these Terms and a signed client agreement, the signed client agreement controls for the subject matter it covers.
2. Changes to These Terms
We may update these Terms from time to time. The updated version will be effective when posted, unless a later effective date is stated. Your continued use of the Site after the updated Terms become effective constitutes acceptance of the updated Terms.
3. Eligibility and Account Security
You must be at least eighteen years old and able to form a binding contract to use the Site. You may not use the Site if your access would violate applicable law.
You are responsible for maintaining the confidentiality of account credentials, restricting access to your devices, and all activity that occurs under your account. You must promptly notify Xperts of any unauthorized use of your account or any suspected security incident involving the Site.
4. Permitted Use and Restrictions
You may use the Site only for lawful business purposes and only in accordance with these Terms. Except as expressly permitted in writing by Xperts, you may not:
(a) copy, frame, mirror, republish, scrape, download, reverse engineer, decompile, or otherwise attempt to derive source code or underlying ideas from the Site or any portion of it;
(b) use the Site to develop a competing service or product, benchmark the Site for publication, or access the Site to build a similar offering;
(c) upload, transmit, or submit any content that is unlawful, infringing, defamatory, fraudulent, malicious, obscene, or otherwise objectionable;
(d) interfere with or disrupt the Site, bypass access controls, probe or test vulnerabilities, or introduce malware, bots, scripts, or abusive traffic;
(e) use the Site in violation of export control, sanctions, privacy, intellectual property, or other applicable laws.
5. User Submissions
You may submit inquiries, project information, files, designs, specifications, feedback, comments, and other materials through the Site (collectively, "Submissions"). You retain ownership of your Submissions, subject to the rights you grant below.
You grant Xperts a non-exclusive, worldwide, royalty-free license to host, use, reproduce, transmit, display, modify, and otherwise process Submissions as reasonably necessary to operate the Site, respond to your requests, evaluate potential work, provide services, enforce our rights, and comply with law.
You represent and warrant that you have all rights necessary to submit the Submissions and to grant the license above, and that your Submissions do not infringe, misappropriate, or otherwise violate any third-party rights or applicable law.
6. Intellectual Property
The Site, including its design, text, graphics, software, know-how, workflows, templates, and other content, is owned by or licensed to Xperts and is protected by intellectual property and other laws. Except for the limited right to use the Site under these Terms, no right, title, or interest is granted to you.
If you provide Xperts with suggestions, ideas, enhancement requests, or other feedback regarding the Site, you grant Xperts a perpetual, irrevocable, worldwide, royalty-free right to use and exploit that feedback without restriction or obligation.
7. Third-Party Services and Links
The Site may contain links to third-party websites, tools, integrations, or services. Xperts does not control and is not responsible for third-party services, including their availability, security, accuracy, legality, or practices. Your use of third-party services is solely between you and the applicable provider.
8. No Reliance on Informational Content
Content on the Site is provided for general informational purposes only. It is not legal, tax, accounting, cybersecurity, investment, or other professional advice, and should not be relied on as a substitute for advice from qualified professionals.
Any timelines, pricing examples, estimates, case studies, descriptions of capabilities, or other content on the Site are illustrative unless expressly incorporated into a signed client agreement. Xperts retains all rights in the Platform, except as expressly set forth in these Terms.
9. Disclaimers
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, XPERTS DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL CODE.
Xperts does not warrant that any defects will be corrected, that the Site will meet your requirements, or that information obtained through the Site will be complete, current, or error-free.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XPERTS AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF XPERTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Indemnification You will defend, indemnify, and hold harmless Xperts and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any third-party claims, demands, actions, losses, damages, liabilities, judgments, settlements, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Site, your Submissions, your breach of these Terms, or your violation of applicable law or third-party rights.
12. Suspension and Termination
Xperts may suspend or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have violated these Terms, created risk for Xperts or others, or if suspension or termination is otherwise necessary to protect the Site, comply with law, or prevent abuse. Upon termination, your right to access and use the Site will immediately cease. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.
13. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict of laws principles.
Any dispute arising out of or relating to these Terms or the Site that is not subject to arbitration under a signed client agreement shall be brought exclusively in the state or federal courts located in or serving Richmond, Virginia, and each party consents to the personal jurisdiction and venue of those courts.
14. General
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Xperts may assign these Terms in connection with a merger, reorganization, sale of assets, or similar transaction. You may not assign these Terms without Xperts' prior written consent. These Terms are the entire agreement between you and Xperts regarding the Site and supersede prior or contemporaneous understandings regarding the Site.
15. SMS Terms of Service
By opting into SMS communications from a web form or other medium, you agree to receive SMS messages from Xperts. Messages may include appointment reminders, follow-up messages, support communications, and account-related updates.
Message frequency may vary. You may receive up to 10 SMS messages per week. Message and data rates may apply, including for domestic and international messages, depending on your carrier's pricing plan.
Phone numbers collected for SMS communications will not be shared with third parties for marketing purposes.
Reply STOP at any time to opt out of further messages. Reply HELP for assistance, or contact us directly at support@xperts.com. For full details, see our Privacy Policy at
here.
16. Contact Information
Questions about these Terms or legal notices should be sent to support@xperts.com.
