Last Updated: July 17th, 2020
The OnFrontiers website (“Website”) provides an online introduction, booking and payment platform through which individuals with experience in a particular industry, sector or geographic region, who register as an expert on the Website (each, an “Expert”) offer consultation and other services (“Consultation”) to individuals and entities seeking expert information through the Website (each, a “Client”). The Website supports various Expert communities, namely the OnFrontiers “Marketplace”, which is a database of Experts that is available to all Clients, and various “Knowledge Networks”, which are closed Expert communities each of which is available to only the Client that maintains such network (the Marketplace, Knowledge Networks, and all services and utilities made available by OnFrontiers in connection with the same hereinafter collectively referred to as, the “Services”).
- Conditions of Use
1.1 You will not use the Website unless you are at least eighteen (18) years of age. If you register or agree to use the Website or any Services, or book a Consultation, on behalf of a business or organization, you must be duly authorized to contract on the business’ or organization’s behalf.
1.2 You are responsible to keep your OnFrontiers account password a secret and not to share your account with anyone else, and you acknowledge that you are responsible for anything that happens through your account.
1.5 No changes or updates in agreement or policy terms will be retroactive. If you do not agree to be bound by any updated terms, you must immediately discontinue use of the Website and any Services, and promptly contact us to terminate the agreement(s) by which you no longer agree to be bound. You may contact us for this purpose by emailing us at email@example.com.
1.6 Users agree that, unless otherwise agreed in writing by a Client and an Expert (i) the terms of OnFrontiers’ Marketplace Client-Expert Engagement Agreement will apply to Consultations booked and performed through the Marketplace, and (ii) the terms of OnFrontiers’ Knowledge Network Client-Expert Engagement Agreement will apply to Consultations booked and performed through a Knowledge Network. OnFrontiers’ Client-Expert Engagement Agreements are templates of basic legal terms which Clients and Experts may agree in connection with services a Client requests from an Expert. Users agree that OnFrontiers’ Client-Expert Engagement Agreement templates are provided as a convenience to Users, and OnFrontiers makes no representations or warranties as to the legal or commercial adequacy of such agreement for Users’ purposes. Clients and Experts are free to agree additional or alternative terms between them and are not required to use OnFrontiers’ Client-Expert Engagement Agreements for services performed by an Expert via the OnFrontiers Website. Users are strongly advised to consult with their own legal counsel as to the suitability and sufficiency of an OnFrontiers Client-Expert Engagement Agreement for such Users’ purposes.
- The Services
2.1 OnFrontiers may discontinue or change part or all of the Website or Services at any time, with or without notice to you.
2.2 OnFrontiers may deactivate your User profile at any time, with or without notice, and with or without cause.
2.3 If you make use of the Services, OnFrontiers may terminate your participation in the Services, with or without cause, and with or without notice to you. In the event OnFrontiers terminates your use of the Services: (i) if you are a Client, any pre-paid but unused fees which may have been paid by you to OnFrontiers will be refunded to you, and (ii) if you are an Expert, any fees due to you but unpaid as of the date of termination will be paid.
- Disclaimer and Limitation of Liability
3.1 Experts and Clients agree that OnFrontiers does not itself provide consultations or expert information. OnFrontiers shall not be party to, or responsible for the performance of the terms of, any agreement between Experts and Clients which may result from an introduction or engagement made via the Website, and OnFrontiers’ sole obligation with respect to such agreement will be to pay Expert pursuant to the terms of the relevant Expert Participation Agreement and Marketplace Client Services Agreement or Knowledge Network Client Services Agreement, as the case may be.
3.2 The Website and Services are not guaranteed to be available on a timely, error-free, or uninterrupted basis.
3.3 TO THE EXTENT PERMITTED BY LAW, ONFRONTIERS DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA AND NON-INFRINGEMENT. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
3.4 ONFRONTIERS SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFIT OR REVENUE WHICH MAY RESULT FROM USE OF OR RELIANCE ON THE WEBSITE OR THE SERVICES.
3.5 UNDER NO CIRCUMSTANCES WILL ONFRONTIERS’ LIABILITY TO YOU OR ANY THIRD PARTY FOR DAMAGES ARISING IN CONNECTION WITH THE WEBSITE OR SERVICES EXCEED EITHER (A) $5,000, OR (B) THE TOTAL FEES PAID BY YOU TO ONFRONTIERS IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE OF THE EVENT WHICH GIVES RISE TO YOUR CLAIM, WHICHEVER IS LESS, WHETHER OR NOT ONFRONTIERS KNOWS, HAS REASON TO KNOW, OR IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
3.6 Some jurisdictions may not permit the limitation of liability as described above, so some or all of the described limitations may not apply to you.
3.7 This Section 3 will survive termination hereof for any reason.
- Enforceability of Terms
- Ownership of Website Content, Service Marks and Logos
5.1 All content published on OnFrontiers website duly owned by or licensed to OnFrontiers and may not be reproduced or published, in whole or in part, by you without OnFrontiers’ prior written consent.
5.2 OnFrontiers and are the service marks of OnFrontiers, Inc., a Delaware corporation.
5.3 Nothing herein is intended to transfer any ownership interest in the intellectual property of any party hereto.
- Governing Law; Jurisdiction and Venue