Experts Marketplace Terms

All defined terms used in these Experts Marketplace Terms will have the meanings set forth in the Kajabi Terms of Service (“TOS”) and all provisions of the TOS are hereby incorporated. 

Welcome to the Kajabi Experts Marketplace (the “Experts Marketplace”). The Experts Marketplace is an online directory of independent third parties (“Experts”) that provide Heroes with specific services offerings that can help you build and operate your Kajabi Site (“Services”). The Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Site. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account.

Use of the Experts Marketplace is governed by these Kajabi Experts Marketplace Terms (the “Marketplace Terms”).

By submitting a project brief for an Expert’s Services, or accessing or using the Experts Marketplace, you indicate your assent to be bound by these Marketplace Terms. If you do not agree to these Marketplace Terms, do not submit a project brief or use or access the Experts Marketplace.

1. Because all Experts’ Services available through the Experts Marketplace are designed for use with the Platform, in these Marketplace Terms, “you” refers to the Kajabi Hero (e.g., person or entity) who holds a license or subscription to the Platform with which the Expert’s Services will be enabled or used. You are fully responsible for compliance with these Marketplace Terms and for anyone using the Experts Marketplace or submitting a project brief on your behalf. Any person using the Experts Marketplace or submitting a project brief on behalf of a Kajabi Hero binds that Kajabi Hero to these Marketplace Terms. These Marketplace Terms also apply to you if you are browsing the Experts Marketplace or leaving a review.
   

2. You agree to use the Experts Marketplace exclusively to communicate with, and pay any amounts to, an Expert and agree not to communicate with an Expert outside of the Experts Marketplace. 
   

3. It is your responsibility to read and understand any contract, terms and conditions, and/or privacy policies applicable to such Expert before using them. In some instances, Kajabi may receive a revenue share from Experts that we recommend to you or that you otherwise engage through your use of the Experts Marketplace or Kajabi’s website.
   

4. We do not monitor or have any control over, and we make no claim, warranty, or representation regarding any Expert and we accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of, any Expert’s Services. The availability of any Services through the Experts Marketplace, or the integration or enabling of such Services with the Platform does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Kajabi. You acknowledge that Kajabi has no control over such Expert’s Services and shall not be responsible or liable to you or anyone else arising from or relating to your use of any Expert’s Services. Kajabi does not guarantee the availability of such Services and you acknowledge that Kajabi may disable access to any Expert’s Services at any time in its sole discretion and without notice to you. We are not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Expert’s Services.  Kajabi strongly recommends that you seek specialist advice before using or relying on any Expert’s Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing the correct tax rates you should charge to your Customers.
   

5. If you install an Expert’s Service for use with the Platform, (i) you represent that you have agreed to the contract between you and such Expert governing your use of the Expert’s Services (the “Service Contract”) and any other the Expert’s terms and conditions and are subject to such Service Contract and/or terms and conditions; and (ii) you grant us permission to allow the applicable Expert to access your Content or other data and to take any other actions as required for the interoperation of the Expert’s Services with our Platform. If you do not agree to abide by the Service Contract and/or terms and conditions for any such Expert, then you should not install or use such Service with the Platform. Any exchange of data or other Content or other interaction between you and the Expert is solely between you and such Expert. We are not responsible for any disclosure, modification, or deletion of your data or Content, or for any corresponding losses or damages you may suffer, as a result of access by an Expert to your data or Content.
   

6. You acknowledge and agree that: (i) by submitting a project brief or other information through Experts Marketplace, you consent to being contacted by one or more Experts at email address associated with your Account (or such other email address provided by you) as well as the applicable user email address; and (ii) Kajabi will receive all email communications exchanged via Experts Marketplace or in any reply emails that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that Kajabi may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your Account. You choose the Site(s) that the Expert can access, as well as their role as a user on your Account. You should always revoke this access after the project is completed. 
   

7. The Experts Marketplace may allow users to post reviews (e.g., a star rating) of Experts’ Services and to post comments on your or other users’ reviews.
   

• Reviews and comments are posted under the name and profile of the Hero submitting the review (as listed in your Account). If you do not want your name or other profile information to appear, you should not post reviews or comments on the Experts Marketplace.
• All reviews and comments must comply with Kajabi’s Acceptable Use Policy and the terms below. To make your reviews and comments useful to others:
• Reviews must be made in good faith after reasonable evaluation of the relevant Expert’s Service.
• If you are also an Expert, you (including anyone acting on your behalf) may not review or comment on your own Services, a Service owned by a company you work for, or those of your competitors. As an exception, you may provide informational responses to support requests or other inquiries directed to you within the reviews or comments section of your Service listing.
• A review must evaluate the Expert’s Service itself and not be an evaluation of the underlying product with which the Service integrates or functions.
• Reviews or comments unrelated to the relevant Service are prohibited – for example, discussing Kajabi’s employees, business, or those of other companies, or unrelated products or services.
• Kajabi reserves the right, in its sole discretion and for any reason at any time, to remove or edit any review or comment on the Experts Marketplace. Kajabi does not claim ownership of the content of reviews or comments you post on the Kajabi Marketplace. However, you hereby grant Kajabi a nonexclusive, worldwide, irrevocable, perpetual, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free license to use, distribute, reproduce, modify, excerpt, attribute, adapt, publicly perform, and publicly display that content (in whole or in part) and to incorporate it into other works in any format or medium now known or later developed, and to permit others to do so.
  

8. The relationship between you and any Expert is strictly between you and such Expert, and Kajabi is not obligated to intervene in any dispute arising between you and an Expert. You are responsible for the payment of all agreed-upon fees between you and the Expert and agree to indemnify and hold Kajabi harmless against any claims made by or on behalf of any Expert for the payment of fees.
   

9. Under no circumstances will Kajabi be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Expert’s Services or your contractual relationship with any Expert. These limitations will apply even if we have been advised of the possibility of such damages. The foregoing limitations will apply to the fullest extent permitted by applicable law.
   

10. In accordance with Section 11 of the TOS, you agree to indemnify and hold us and our Team harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Experts Marketplace, any Expert’s Services, the Service Contract, or your relationship with an Expert.
    

11. KAJABI IS NOT RESPONSIBLE FOR ANY ACCESS, USE, TRANSFER, OR SECURITY OF DATA OR INFORMATION BY EXPERTS OR FOR THE SECURITY OR PRIVACY PRACTICES OF ANY EXPERT OR THEIR PROCESSORS. YOU ARE SOLELY RESPONSIBLE FOR YOUR DECISION TO PERMIT ANY EXPERT TO ACCESS OR USE DATA TO WHICH YOU’VE GRANTED ACCESS. IT IS YOUR RESPONSIBILITY TO CAREFULLY REVIEW THE EXPERT’S SERVICE CONTRACT, TERMS AND CONDITIONS, AND OR PRIVACY POLICIES, AS PROVIDED BY THE APPLICABLE EXPERT.
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12. Experts are solely responsible for their Services and any related content or materials included in their Services. KAJABI HAS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY EXPERT’S SERVICES, INCLUDING THEIR ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, DATA HANDLING, DATA PROCESSING, COMPLETENESS, USEFULNESS OR QUALITY. THESE DISCLAIMERS APPLY EVEN IF AN OFFERING COMPLIES WITH KAJABI’S GUIDELINES FOR EXPERTS (IF ANY), AND EVEN IF KAJABI HAS REVIEWED, CERTIFIED, OR APPROVED THE EXPERT FOR INCLUSION IN THE EXPERTS MARKETPLACE. ANY USE OF AN EXPERT’S SERVICES IS AT YOUR SOLE DISCRETION AND RISK AND YOU EXPRESSLY RELEASE KAJABI FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY EXPERT’S SERVICES. EXPERTS ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY INFORMATION THEY SUBMIT IN CONNECTION WITH ANY PROJECT IS ACCURATE, COMPLETE AND CORRECT, AND KAJABI IS NOT RESPONSIBLE FOR THE STANDARDS OR BUSINESS PRACTICES OF ANY EXPERT (WHETHER SUPPORT, AVAILABILITY, SECURITY OR OTHERWISE), EVEN IF THE EXPERT PARTICIPATES IN THE EXPERTS MARKETPLACE. YOU SHOULD ALWAYS INDEPENDENTLY VERIFY THAT ANY EXPERT’S SERVICES OR BUSINESS PRACTICES MEET YOUR NEEDS. In addition, Kajabi is not responsible for any third-party websites to which the Experts Marketplace links or the Expert’s Service Contract, terms, or privacy policies.