Terms & Conditions
These terms and conditions of use ("Terms") govern your use of Embark.Live’s (“Embark”) websites, mobile applications, products, and services (collectively, the "Services"), and contain important information regarding your legal rights, remedies, and obligations, so please read them carefully.
The Terms are effective as of the “Last Updated” date above. Embark may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. If you continue accessing the Website or using any Embark Products and Services after any such changes, it will mean you accepted any new or changed Terms. Embark may terminate these Terms and your access to all or any part of the Website and/or the Embark Products and Services at any time and for any reason without prior notice or liability and in Embark’s sole discretion.
1. About Embark
Embark is an online marketplace that connects startups and entrepreneurs (“Clients”) to business experts (“Experts”) that can help them build, grow, and scale their businesses. Experts range from lawyers, accountants, marketers, VCs, technologies, and more. Clients will ask experts questions pertaining to their business. Experts will quote them a price for their time and answer their questions via messenger once the payment has processed. Once the advice has been given, the session will be closed. There will be video and photo content created, produced, and uploaded by Experts that will be available via the app and social channels.
Embark does not vouch for any of its Users. Embark simply provides a platform on which those seeking legal assistance may communicate and transact with professionals. Embark does not endorse any of its Experts and does not sanction statements that Experts make on the platform. Embark makes no representation concerning the qualifications of non-attorney legal service providers.
Embark is not a law firm and does not offer legal representation. Embark does not offer any legal advice, legal opinions, recommendations, referrals, or counseling. Experts are not the employees or agents of Embark. Embark is not involved in agreements between Users or in the representation of Users. At no point may Embark be held liable for the actions or omissions of any Expert performing consulting services for you.
Embark is not an attorney referral service or employment agency. Embark does not select or endorse any individual Legal Experts to service a Legal Client. While Embark uses commercially reasonable efforts to confirm that registered Legal Experts are licensed attorneys, we do not make any warranty, guarantee, or representation as to the legal ability, competence, quality, or qualifications of any Legal Expert. Embark does not warrant or guarantee that Legal Expert are covered by professional liability insurance. Embark encourages Legal Clients to research any Legal Expert before accepting professional advice.
2. Embark Accounts
2.1. Registration and Acceptance
You may use our Services only if you can form a binding contract with Embark. These Terms constitute a legally binding agreement between you and Embark and are deemed accepted by you each time that you visit the Website or use or access any Embark Products and Services. You may use or access the Website and/or the Embark Products and Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access the Website or use any Embark Products and Services.
2.2. Account Profile and Eligibility
If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity and you represent and warrant that you are authorized to do so. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Embark Services, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. Your use of certain Embark Products and Services may require you to agree to additional terms and conditions or enter into separate agreements with us or other Website users.
You will only use the Services for your own use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. Embark is not responsible for your using the Services in a way that breaks the law.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
2.3. Usernames and Passwords
When you register for an Account, you will be asked to choose a username and password for the account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your account. You authorize Embark to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to the password for any account. You further agree not to use the account or log in with the username and password of another user of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will not share your account with anyone, and you must protect the security of your account. Embark may delete or change your password at any time for any reason, in its sole discretion. You are responsible for any activity associated with your account.
3. User Rights and Responsibilities
3.1. User Rights in the Services
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Embark’s) rights.
When you post Content to Embark, you give Embark and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content throughout the world in any media. To the extent such content is attached to a profile on the Embark platform, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile. When you delete your Embark account, we will stop displaying your Content (other than Public Content, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that Content from Embark’s records, and that your Content may remain viewable elsewhere to the extent that they were copied or stored by other users. Unless indicated, you will not be paid for the creation or use of any Content.
You understand that Embark owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. You are also solely responsible for your use of such interactive features and use them at your own risk. Embark reserves the right to remove, modify, or refuse to distribute Content for any reason, including Content that we believe violates these Terms or our policies. Embark reserves the right to delete or disable Content alleged to be infringing on someone else’s copyright, and to terminate the accounts of repeat alleged infringers.
3.2. Your Responsibilities in the Services
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. It is solely the responsibility of experts to ensure that any information or advertisements they post or place on the Embark website (including without limitation any Legal Information), and any communications they may have with prospective clients through the Services, fully complies with all applicable laws and rules of professional conduct, including those concerning the unauthorized practice of law and those regulating the form, manner or content of communications with clients, advertising, or other matters.
Embark has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Embark will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Embark shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Embark is under no obligation to become involved.
4. User Relationships
4.1. Relationships with Embark
Embark merely makes the Services available to enable Clients and Experts to find and transact directly with each other. Through the Services, Experts may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Experts that may offer the services they seek. However, at all times, Users are responsible for evaluating and determining the suitability of any Client or Expert on their own.
You acknowledge, agree, and understand that Embark is not a party to the relationship or any dealings between Client and Expert. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing Services, or (e) paying for Service Contracts or Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). Embark does not make any representations about or guarantee the truth or accuracy of any or Client’s or Expert’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Clients or Experts; and does not vet or otherwise perform background checks on Clients or Experts. You acknowledge, agree, and understand that Embark does not, in any way, supervise, direct, control, or evaluate Freelancers or their work and is not responsible for any Project, Project terms or Work Product. Embark makes no representations about and does not guarantee, and you agree not to hold Embark responsible for, the quality, safety, or legality of Freelancer Services; the qualifications, background, or identities of Users; the ability of Freelancers to deliver Freelancer Services; the ability of Clients to pay for Freelancer Services; User Content, statements or posts made by Users; or the ability or willingness of a Client or Freelancer to actually complete a transaction.
Nothing in these Terms is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so.
4.2. Relationship Between Clients and Experts
If a Client and Expert decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Client and Expert. Client and Expert have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that Embark is not a party to any Service Contract, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Embark and any User or a partnership or joint venture between Embark and any User.
With respect to any Service Contract, Clients and Experts may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Embark’s rights and obligations under the Terms.
4.3. Relationships with Lawyer Experts
Any attorney-client relationship formed as a result of such discussions is between you and the Lawyer Expert you speak with -- not between you and Embark. Furthermore, you understand that Embark cannot be held responsible for the quality or accuracy of any information or legal services provided by Lawyer Experts you connect with via Embark.
The information found on Embark is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. The Legal Information is not the provision of legal services, and accessing such information, or corresponding with or asking questions to a Lawyer Experts via the Services, or otherwise using the Services, does not create an attorney-client relationship between you and Embark, or you and any lawyer. It is not a substitute for an in-person or telephonic consultation with a lawyer licensed to practice in your jurisdiction about your specific legal issue, and you should not rely on such Legal Information. You understand that questions and answers or other postings to the Services are not confidential and are not subject to attorney-client privilege.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
You agree to defend, indemnify and hold harmless Embark, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Services or your use of or inability to use the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Terms or your violation of the rights of any third party.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EMBARK OR ANY OF ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) THE OUTCOME OF ANY LEGAL MATTER; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR SOFTWARE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY RELATING TO THE SERVICES OR SOFTWARE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF LEGAL INFORMATION.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EMBARK, AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES OR SOFTWARE, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM. IN THE INTEREST OF CLARITY, THIS LIMITATION ALSO APPLIES TO PREMIUM SERVICE
8. Account Termination
Embark is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Embark has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.