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Terms of Service

 

Effective Date:  June 18, 2020
Last Updated: February 19, 2025


PLEASE NOTE THAT ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING BETWEEN YOU AND FASTEXPERT WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT OR AS IT RELATES TO PROVISIONAL OR INJUNCTIVE RELIEF). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW ENTITLED ARBITRATION AGREEMENT FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY AND ALL DISPUTES WITH COMPANY.

These terms of service (“Terms”) govern your use of our online interfaces and properties (e.g., websites, apps) (collectively, the “Sites’’) where these Terms are posted including www.fastexpert.com and the FastExpert mobile application.  Please read these Terms carefully before using the Sites.The Sites are owned or controlled by FastExpert, Inc. (“FastExpert,” “we,” “us”).  By accessing these Sites in any way, including, without limitation, browsing this Sites, using any information, and/or submitting information, or interacting with us in any other way, you agree to and are bound by the terms, conditions, policies, and notices contained in these Terms. From time to time, we may update the Sites and these Terms.  Your continued use of the Sites after we post any changes to the Terms signifies your acceptance of any such changes.  

The Sites are offered and available to users who are at least 18 years or older (or over the legal age of majority in your jurisdiction). By using these Sites, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Sites.

1. Purpose

FastExpert.com is an online marketplace (the “Services”) that matches home buyers and sellers to real estate sales agents, real estate broker, other real estate professional, loan officers, lending specialist, mortgage broker, mortgage agents, other mortgage professionals, and other professionals as listed on the Sites (collectively “Professionals”). . All materials and information on the Site are provided for informational purposes only. Nothing on the Site should be construed as business, financial or legal advice or used as a substitute for seeking proper business, financial and legal advice. Neither FastExpert nor any of its affiliates or licensors provides business, financial or legal advice. FastExpert and the Sites do not broker transactions.

2. Privacy Policy

Please also consult our Privacy Policy for a description of our privacy practices and policies. Our Privacy Policy is a part of these Terms, and you agree to our use and sharing of the information we collect about you as described in here and in our Privacy Policy.

3. FastExpert Content

Content on the Sites or that is provided in connection with the Services that is provided by FastExpert or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“FastExpert Content”) is the property of FastExpert and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. 

You agree not to download, display or use any FastExpert Content located on the Sites for use in any publications, in public performances, on websites other than this Sites for any other commercial purpose, in connection with products or services that are not those of FastExpert, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of FastExpert or its licensor’s property, or that otherwise infringes FastExpert or its licensors’ intellectual property rights. You further agree to in no other way misuse any FastExpert Content or third-party Content, including the Content provided by Professionals that appears on the Sites.   

You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in this Sites and FastExpert Content belong to us, or our licensers, as applicable.  Except as expressly authorized by us, you further agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Sites, FactExpert Content on the Sites or the software used in connection with the Sites or Services, in whole or in part.

 

4. User Content

Our Site permits you to join our network, create free profile pages and to post personal information, data and information related to you, home listing, mortgage products, photos, videos, ideas, suggestions, documents, proposals, reviews, written posts and certain other information and materials (“User Content”).  By using these features, you agree that you will not: (a) post any content that is unlawful, including any content that is tortious, defamatory, libelous, or infringing; (b) impersonate any person or organization or misrepresent an affiliation with another person or organization; (d) upload or post any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Sites, or feature of the Sites.  

 

You represent and warrant that (i) you own the User Content submitted, displayed, published or posted by you on the Sites and otherwise have the right, authority or permissions to grant the license set forth herein, (ii) the User Content was collected in accordance with applicable laws, rules, and regulations, and (iii) the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. FastExpert does not endorse, verify, evaluate or guarantee User Content and nothing shall be considered as an endorsement, verification or guarantee of any User Content.

 

By submitting, displaying, publishing, or otherwise posting any User Content on or through the Sites, you hereby grant to FastExpert a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. 

 

You agree to indemnify, defend, and hold FastExpert, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, arising out of or relating to your violation of these Terms or the User Content you submitted, posted, or otherwise provided to FastExpert, the Sites or other users of the Sites or Services. 

You agree that FastExpert may cancel your account and profile and delete all User Content associated with your account at any time, and without notice, if FastExpert deems that you have violated these Terms, the law, or for any other reason.  FastExpert assumes no liability for any information removed from our Sites and reserves the right to permanently restrict access to the Sites or a user account.

5. Accuracy of the Sites and Services

Our Services and Sites are provided free of charge to individual home buyers and sellers. Although we intend to provide accurate and timely information on the Sites, the Sites (including, without limitation, the FastExpert Content and User Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors.  In an effort to continue to provide you with as complete and accurate information as possible, information on the Sites may be changed or updated from time to time without notice, including without limitation information regarding our policies and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Sites are your sole responsibility and we shall have no liability for such decisions.

6. No Liability for Regarding Representations Made by Professionals

The applicable Professionals are solely responsible for the truthfulness, accuracy, and completeness of all information and representations made by or regarding them on the Sites and that they make directly to you.  The applicable Professionals are also solely responsible for providing their services to you, and you agree that FastExpert will not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services (including, without limitation, claims based on malpractice). You, the home buyer and seller, agree that any claims arising out of or relating to your relationship with a Professional found directly or indirectly through our Sites and Services shall be brought solely against such Professional and not against FastExpert nor any of its licensors or affiliates.

7. Use of the Sites and Services By Home Buyers or Sellers

In using our Sites or Services, as a home buyer and/or home seller, you understand, represent, warrant and agree to the following:

  1. By completing and submitting our form online, you are submitting a request to us to find a Professional to help you buy or sell real estate or for another purpose as specified on the Sites or by you.  You agree that all information you provide will be accurate, current and truthful to the best of your knowledge including valid contact information.  
  2. By submitting your information to us, you authorize us to use the information you provided to match you with one or more Professionals in our sole discretion and to disclose your contact information to one or more Professionals.  These Professionals may be part of our network and listed on the Sites.  We may also, in our sole discretion, provide your information to Professionals who are not part of our network or listed on the Sites.  The information you provided will be sent by e-mail, telephone, text messaging and other means of business communication to Professionals. You are in no way obligated to use or hire any of the Professionals that we match you with.  Professionals are also under no obligation to contact you or provide you with products or services.
  3. You understand that you will be contacted by FastExpert, our affiliates and multiple Professionals via telephone, e-mail, mail, text messaging or other reasonable means using the contact information you provided.  You may be called or texted by us, Professionals using an autodialer or artificial/prerecorded voice for any purpose, including marketing.  You hereby consent to any such calls and texts even if your phone number is on any Do Not Call list or registry. 
  4. FastExpert is referral service and we will not be representing you as your real estate agent, broker, loan officer or property manager.  
  5. You represent that you are of legal age and are otherwise capable of forming a legally binding contract.
  6. The Sites and Services are not intended to, and do not, create or constitute a legal relationship of any kind between you and the Professionals or their partners, employees, agents or affiliates. Additionally, the receipt of responses from Professionals following your use of the Site is not intended to, and does not, create or constitute a legal relationship of any kind between you and the Professionals or their partners, employees, agents or affiliates.
  7. You acknowledge that FastExpert makes no representations, endorsements, recommendations and/or warranties of the products or services of any particular Professional. FastExpert has no direct affiliations to or with any real estate firms, agents, brokers, lenders or other professionals listed on the Site.  You agree that FastExpert shall not be liable for any damages or costs of any type arising out of or in any way connected with your contact, communication or use of products or services provided by the Professionals.
  8. You understand that FastExpert does not validate, vet or endorse any Professional found directly or indirectly on our Sites or through the use of our Services. It is your decision alone whether or not to work with a Professional you found directly or indirectly through our Sites and any arrangements subsequently made between you and any Professional are strictly between you and such party and do not involve FastExpert in any way.
  9. You understand that for our services we may receive payment (a referral fee) that may be a flat fee or percentage of the commission received by the Professional relating to their work for you. There is no charge to you. Any payment is due based on a separate agreement between us and the Professionals involved. Your use of our Services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

8. Use of the Sites and Services by Professionals

By using our Site or Services, as a Professional, you represent, warrant and agree to the following:

  1. You are in compliance with all applicable licensing laws and/or certification requirements and your licenses and certifications are active and will be maintained in active and good standing for the duration of your participation in our network.
  2. You will immediately inform us if your license and/or certification is suspended, revoked, lost, or otherwise made inactive or invalid and agree that we may remove you form our network and Sites immediately upon such notification.
  3. You will provide truthful, accurate, current and complete information and agree to promptly update your profile information to keep it accurate, current and complete. You understand that the information you provide will be PUBLIC INFORMATION available on our Sites and affiliated sites and the information you provide will be free of private addresses, pictures, and information about you that you do not want to be published as PUBLIC INFORMATION on our Site and affiliated sites. You are solely responsible for all information that you provide to us. 
  4. You are solely responsible for the truthfulness, accuracy, and completeness of all information and representations you provide to potential real estate buyers and sellers about your services and there is no partnership, agency, employment or joint liability relationship between you and FastExpert.com.
  5. As a Professional using or participating in any aspect of our Sites or Services, you acknowledge that rules of agent and officer conduct apply to all aspects of your participation and that you will abide by such rules. The rules include but are not limited to, the rules relating to confidentiality, advertising, solicitation of clients, unlicensed practice, and misrepresentations of fact. You agree to abide by all applicable Code of Ethics and Standards of Practice for your industry. 
  6. You will be required to pay a referral fee to FastExpert for all engagements or transactions that originated at, by or through the Sites, affiliate sites or any other FastExpert services. You will take all actions required to ensure that the referral payment is promptly paid to FastExpert. Your use of our Site or Services constitutes your acknowledgment of, and agreement to, this compensation arrangement.
  7. You agree to abide by these Terms and the terms of any referral agreement to be entered into by and between you and FastExpert.
  8. FastExpert reserves the right to terminate your participation on our Site or with our Services for any reason at our sole discretion.

9. Modifications to the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites and Services (or any part of them) with or without notice. In the event of a modification or discontinuance, all information submitted by you and others may be lost. You agree to keep a permanent record of all information provided to us, and you agree that all information submitted to us is at your sole risk. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Sites including without limitation messages and other communications. We will not be liable for any loss revenue, loss profit, loss opportunity or any claim for consequential damages and you agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. Access and Use Restrictions and Prohibitions

By submitting information to, reading, participating, or otherwise using the Site, you agree that you will abide by the following rules and requirements:

  1. You will not use any electronic communication feature of the Sites for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
  2. You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
  3. You may not misidentify yourself or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity (e.g., pretend to be a different person or from a different company or organization).
  4. Unless you have our prior written consent, you will not solicit participants and/or visitors of the Sites, reproduce, duplicate, copy, sell, re-sell or exploit for any commercial purposes, any portion of the Sites or Services, use of the Site or Services, or access to the Site or Services.
  5. You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment. 
  6. You are not permitted to collect or store personal data about other users.
  7. You may not use any scraper, crawler, spider, robot or other automated means of any kind to access, extract, mine or copy data on the Sites, deep-link to any feature or content on the Sites, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
  8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
  9. You may not decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the site architecture.  
  10. You may not use the Sites for the purpose of gathering information for or transmitting (a) unsolicited commercial e-mail; (b) e-mail that makes use of our name or trademarks, including in connection with invalid or forged headers, invalid or nonexistent domain names, or other means of deceptive addressing; or (c) unsolicited telephone calls or facsimile transmissions;
  11. You shall not use the Sites or Services to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by Federal and applicable State real estate authorities and any regulations having the force of law.
  12. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of these Sites or Services or any activity being conducted on these Sites.

Violations of these rules or system or network security may result in civil or criminal liability. FastExpert will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

We disclaim any responsibility or liability for copyrighted materials posted on our Sites.  If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. FastExpert respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond promptly to notices of alleged infringement that are reported to FastExpert’s Designated Copyright Agent, identified below. 

Notices of Alleged Infringement for Content Made Available on the Sites

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Sites by sending us a notice (“Notice”) complying with the following requirements. 

  1. Identify the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Sites where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to our Copyright Agent: FastExpert, Inc. Attn: DCMA Copyright Agent, 2275 Huntington Drive, Unit 101, San Marino, CA 91108,  

12. Accounts; Passwords

If a particular feature or service offered on the Sites requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a username. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Sites.  FastExpert is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. 

13. No Solicitation

You shall not distribute on or through the Site or to any persons or entities identified via the Site any content or material containing solicitations or advertising of any kind without our express prior written permission.

14. Indemnity

You agree to indemnify, defend, and hold us, and our licensors, subsidiaries, affiliates, equity holders, directors, officers, agents, third party contractors and employees, harmless from all damages, costs, liabilities, and any claim or demand made by any third party, including reasonable attorney’s fees due to, relating to, or arising out of your User Content, content you submit through the Sites or Services, your use of the Sites or Services, your violation of the Terms, your violation of any rights of another person or entity, or the use of  your FastExpert account or password by any third person, with your knowledge or consent.

15. Errors and Corrections

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not warrant or represent that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. We may (but are not obligated to) make improvements and/or changes to its features, functionality or content of the Site at any time. In no event shall we be liable for any such errors or defects.

16. Termination of Account or Access

You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Sites or Services, and remove and discard any content within the Sites, for any reason, including, without limitation, violation of these Terms, non-payment, for lack of use, or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also in our sole discretion and at any time discontinue providing the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites under any provision of this agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related content information and files in your account and/or permanently bar any further access to such files or the Sites. Furthermore, you agree that we shall not be liable to you or any third-party for any loss revenue, loss profit, loss opportunity or any consequential damages of any kind relating to termination of your access to the Sites.

17. Third-Party Content

Third-party content may appear on this Sites or may be accessible via links from the Sites. We shall not be responsible for and assume no liability for any mistakes, misstatements of facts, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Sites. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by us nor does it reflect our beliefs.

18. Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites.

The Sites may contain “hyperlinks” to websites neither owned nor controlled by us and we are not responsible for.  Hyperlinks are provided as a service to users and are not sponsored by or affiliated with these Sites or FastExpert, and FastExpert makes no representations or warranties about the content, completeness, or accuracy of those third-party sites. Information you submit at a third-party site accessible from these Sites is subject to the terms of that site’s privacy policy, and FastExpert has no control over how your information is collected, used, or otherwise handled.

20. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON THE SITE IS PROVIDED SOLELY ON AN “AS-IS/AS-AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE.. NEITHER FASTEXPERT NOR ANY OF ITS LICENSORS OR AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY REAL ESTATE AGENT, INCLUDING, WITHOUT LIMITATION, ANY REAL ESTATE AGENT’S ABILITY TO OBTAIN A FAVORABLE RESULT FOR YOU.

FASTEXPERT MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OF THIS SITES, THE FASTEXPERT CONTENT, USER CONTENT, OR ANY OTHER SITES FEATURE, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. FASTEXPERT MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY FASTEXPERT CONTENT OR USER CONTENT WILL BE PRESERVED. 

WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY THAT (i) THE CONTENT AND SERVICE OF THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE CONTENT AND SERVICE OF THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE IS ACCURATE OR WILL MEET YOUR EXPECTATIONS.

WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY CONTENT OR SERVICES AND WE DO NOT GUARANTEE IN ANY SERVICES ASSOCIATED WITH THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY SERVICE WILL CONTINUE TO BE AVAILABLE.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, SERVICES, AND LINKED WEBSITES. FASTEXPERT DOES NOT WARRANT THAT THE SITE WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

21. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FASTEXPERT SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES INCLUDING NEGLIGENCE, FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, PROFIT, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITES; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICES OR PRODUCTS REQUESTED THROUGH THE SITE (vi) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND FASTEXPERT’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT ARE WE LIABLE TO YOU FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU TO US FOR THE SERVICES RENDERED IN THE LAST 12 CALENDAR MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM OR LIABILITY, IF ANY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Export Policy and Restrictions

You acknowledge that the products, Services, and FastExpert Content which are sold or licensed on the Sites, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing products, downloading or using technology or software from the Sites, you agree to abide by the applicable laws, rules and regulations – including, but not limited to the Export Administration Act and the Arms Export Control Act – and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law. By purchasing any products or Services, you agree that you will not use any products or Services, or provide products or Services to any person, who is forbidden from receiving the product under the Export Administration Regulations or any economic sanctions are maintained by the U.S. Department of Treasury. U.S. antiboycott regulations, or U.S. economic sanctions, including the export and antiboycott restrictions found in the Export Administration Regulations or the sanctions regulations administered by the U.S. Office of Foreign Assets Control. You shall indemnify and hold harmless FastExpert from all claims, demands, damages, costs, fines, penalties, attorneys’ fees and all other expenses arising from your failure to comply with this provision and/or applicable export control, antiboycott, or economic sanctions laws and regulations.

23. Information Dispute Resolution

We try to address any disputes without the need to initiate a formal arbitration or legal case. You agree that prior to submitting any dispute or claim to arbitration for resolution or filing any claim not subject to the arbitration agreement, you and we agree to make a good faith effort to resolve it informally, including having at least one telephone or videoconference conversation between you, personally, and us. To initiate this good faith effort to informally resolve a dispute you agree to notify us in writing by email at [email protected] of the nature of the dispute, the basis for your claims and the resolution that you are seeking, including any monetary amount, with as much detail as you can provide so that we can gain a sufficient understanding of the dispute. Within the sixty (60) days following our receipt of this notice, you agree to engage in good faith efforts to resolve the dispute, including personally participating in a telephone call or videoconference with us. You may have a lawyer attend the call with you if you wish. If the dispute is not resolved within those sixty (60) days (which period can be extended by agreement of the parties), you or we may commence an arbitration to resolve the dispute consistent with the process set forth below. Compliance with and completing this informal dispute resolution process is a condition precedent to commencing an arbitration. You and we agree to toll any applicable statute of limitations and filing fee deadlines while the parties engage in this informal dispute resolution process from the date we receive your notice to the date an arbitration or litigation is commenced or the conclusion of the 60-day period described above, whichever is sooner. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration or litigation, which includes the power to enjoin the filing or prosecution of a demand for arbitration or any complaint.

24. Arbitration Agreement & Waiver of Certain Right

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR FASTEXPERT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

You and FastExpert agree that, except as set forth below, we will resolve any controversies, claims, counterclaims, or other disputes between you and FastExpert or you and a third-party agent of FastExpert (a “Claim”) through final and binding arbitration instead of through court proceedings, in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to any existing or future Claims that you have not individually filed in a court of law or in arbitration prior to the date you agreed to these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. You and we hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law. The Federal Arbitration Act and federal arbitration law apply to this agreement. A court of competent jurisdiction has exclusive authority to determine the existence, scope, and validity of the arbitration agreement and the arbitrability of any claim or counterclaim, including, without limitation, whether any conditions precedent to the commencement of an arbitration have been completely satisfied and any objections with respect to any of the foregoing.

To begin an arbitration proceeding, you must send us an individual letter signed by you requesting arbitration and describing your claim at to FastExpert, Inc., 2275 Huntington Drive, Unit 101, San Marino, CA 91108,  Attention: Legal Department. This letter must be sent at least ten (10) days before you initiate an arbitration proceeding against us.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FastExpert will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate. Notwithstanding the foregoing, if your attorney is paying the administrative costs, filings fees, arbitrator fees, and other associated arbitral costs on your behalf, and your attorneys’ may recover all or a portion of those fees only if you obtain an award in the arbitration, your attorney must evenly split all costs with us initially. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or FastExpert from seeking action by federal, state, or local government agencies. You and FastExpert also have the right to bring qualifying claims in small claims court or transfer qualifying claims to small claims court. Either party may elect that a Claim be filed exclusively in a small claims court of competent jurisdiction by providing notice to the other party. In the event a Claim has already been filed in arbitration, the party who has filed that Claim will, within ten (10) days of receiving such a notice, withdraw their Claim from arbitration. The parties will then proceed with the Claim exclusively in small claims court. A party may apply to any court of competent jurisdiction to enforce the terms of this paragraph. In addition, you and FastExpert retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions. Any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

NEITHER YOU NOR FASTEXPERT MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. YOU MAY NOT BRING CLAIMS IN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR CAN DECIDE ONLY YOUR AND/OR FASTEXPERT’S INDIVIDUAL CLAIMS.

If for any reason a Claim proceeds in court rather than in arbitration, you, and FastExpert each waive any right to a jury trial. The arbitrator may award in the arbitration the same damages or other relief available under applicable law, including injunctive and declaratory relief, as if the action were brought in court on an individual basis. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a “public injunction” and any such “public injunction” may be awarded only by a federal or state court. If either party seeks a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. 

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms. This Section of the Terms will survive the termination of your relationship with us.

Mass Arbitration Process Requirements:  If twenty-five (25) or more similar claims are asserted against FastExpert at or around the same time by the same or coordinated counsel or are otherwise coordinated (and your Claim is one such claim), you understand and agree that the resolution of your Claim might be delayed. You also agree to the following process and application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules. Twenty (20) claims shall be selected to proceed to individual arbitration proceedings as part of a first batching process, ten (10) of which will be selected by the claimants and ten (10) of which will be selected by FastExpert. The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. If the parties are unable to resolve the remaining claims after the conclusion of the initial twenty (20) proceedings, the parties shall participate in a global mediation session before a retired state or federal court judge, for which FastExpert will pay the mediator’s fee. If the parties are unable to resolve the remaining claims through mediation at this time, then forty (40) claims shall be selected to proceed to individual arbitration proceedings as part of a second batching process, twenty (20) of which will be selected by the claimants and twenty (20) of which will be selected by FastExpert (If there are fewer than forty (40) claims remaining, all shall proceed.) The remaining claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those claims until they are selected to proceed to individual arbitration proceedings as part of the staged process described herein. In any batching process, a single arbitrator shall preside over each proceeding, and only one proceeding may be assigned to each arbitrator unless the parties agree otherwise. If the parties are unable to resolve the remaining claims after the conclusion of the forty (40) proceedings, the parties shall participate in another global mediation session before a retired state or federal court judge, for which FastExpert will pay the mediator’s fee. If the parties are unable to resolve the remaining claims in mediation at this time, this staged process shall continue with no more than one hundred (100) claims proceeding at any time in a staged order that is selected randomly or by the AAA, until all the coordinated claims, including your Claim, are adjudicated or otherwise resolved. At any time during these proceedings, we agree to participate in a global mediation session should your counsel request it in an effort to resolve all remaining claims. Any applicable statute of limitations on your Claims and filing fee deadlines shall be tolled for claims subject to this section regarding “Mass Arbitration Process Requirements” from the time claims are selected for the first set of batching proceedings until the time your Claim is selected to proceed in arbitration, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have authority to enforce this section regarding “Mass Arbitration Process Requirements” and, if necessary, to enjoin the filing or prosecution of arbitration demands against FastExpert. Should a court of competent jurisdiction decline to enforce these “Mass Arbitration Process Requirements,” you and we agree that your and our counsel shall engage in good faith and with the assistance of a Process Arbitrator to devise and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.

25. Entire Agreement

These Terms constitute a binding agreement between you and FastExpert and is accepted by you upon your use of the Sites, Services or your account. This Agreement constitutes the entire agreement between you and us and governs your use of the Sites, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.

26. Governing Law and Waiver of Class Action

These Terms will be governed by and construed in accordance with the internal laws of California without regard to conflicts of laws principles.  By using these Sites and our services, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in California.  These Terms operate to the fullest extent permissible by law.

27. Waiver and Severability of Terms

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is or becomes unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. 

28. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site, this Agreement and/or the relationship between you and us must be filed within one (1) year after such claim or cause of action arose or be forever barred.

29. Headings


The section titles in this Agreement are for convenience only and have no legal or contractual effect.

 

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