Consult Connect

Service Agreement Terms and Conditions

Revision Date: July 2, 2010

Consult Connect Service Agreement Introduction

User Agreement Purpose

Consult Connect’s mission is to create an environment of synergy between consultants and individuals and firms who require their services.  The vehicle developed to enable this objective includes a professional networking platform with integrated tools specifically designed for the consulting professional.  These tools include integration of multi-media content, social networking functionality, the Consult Connect Dashboard™ to help answer the questions of who is available, where are they willing to work, what do they do, and are they willing to participate in a team on a project.  The platform also includes a Job Board that integrates detailed profile functionality with the use the dashboard indicators in the job application and review process.


Scope and Objective

When you registrar with Consult Connect, or by using any features within this website, you agree to abide by the terms and conditions of the Service Agreement and Privacy Policy.  Acceptance of these conditions will enable you to become a user. When agreeing to these terms you acknowledge that you have read and understand these terms of membership.

If you are using Consult Connect on behalf of a company or other entity you may enter a separate agreement with Consult Connect. Regardless of these other separate agreements you, as the user, agree to abide by our terms and conditions of the Service Agreement and Privacy Policy


User’s Obligations

Publication License for Your Submissions and Uploads to Consult Connect

You agree that you own or have legal rights to the information you provide or upload into the Consult Connect platform under these terms and conditions of our Service Agreement, and may request removal of content and account details at any time, unless you have shared that information or content with other Consult Connect users and they have not deleted it, or it was stored or copied by others. Any information you submit to Consult Connect is done so at your own risk.


Account Eligibility

To be authorized to use Consult Connect you certify that you are over eighteen years of age, you are not a competitor of Consult Connect, you will create and maintain only one account with Consult Connect at any one time, you have the ability to commit to the Service Agreement, are not currently restricted from using the Consult Connect services, you have a valid email address and contact information, you have claimed to be who you state that you are in your account profile, and that you will not violate any rights of Consult Connect which includes intellectual property, copyright, or trademark rights.

 
Consult Connect User Account Access

You agree to keep your password confidential, you do not permit others to use your account, you will not use other people’s accounts, transfer your Consult Connect account to another user, and not charge anyone for accessing any portion of Consult Connect platform or give access to any content included on the platform. Violation of these terms may result in, but is not limited to, the removal of your account. You may not assign or delegate any rights or obligations under the Consult Connect Service Agreement.


Consult Connect Email Notifications

Consult Connect reserves the right to distribute messages and notices about the platform to you through email and other contact mediums as outlined in your user account information. This includes but is not limited to email, postal service, and telephone. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact information that results in your failure to receive critical information about the Consult Connect service.


Communication, Postings, and Groups

The Consult Connect platform provides our users with several means of communicating including personal postings, groups, internal, and external email. Consult Connect is not responsible for the use or misuse of user information posted on these platform features that may be considered proprietary or confidential.  In addition these mediums are designed for professional use; profanity, adult content, threatening or aggressive behaviors, and other offensive content, as determined by the Consult Connect staff, may result, but not limited to, in immediate cancellation of your user account.

You agree not to use the internal communication systems within the web site to promote, distribute, or engage in frivolous business behaviors which may include junk email, spam, questionable business opportunities such as home based services, multi-level marketing promotions, pyramid schemes, or any other activity that may be judged as being abusive or contrary to the objectives of this service.  Acts in violation to these conditions may result in the cancellation of accounts and removal of Job Board postings that are in violation of these terms with no refund or retribution made to the offender.  Postings made related to these types of activities are done purely at the user’s own risk.


Appropriate Content

Consult Connect has designed this platform with the consulting professional in mind and it is intended to be a professional networking destination for our members.  Consult Connect has a policy of no tolerance for content that is considered offensive.  Although this is subjective any content identified, reported and confirmed as being pornographic, abusive, eludes to the use or distribution of illegal substances, suggestive of alternative services such as prostitution or other illegal activities or practices shall result in the immediate termination of the user’s account with no notice of corrective action or warning.  You also agree not to break any laws and you agree not to violate the rights of all parties associated with these services which includes, but is not limited to, defamation, contract violations, and IP violations.


Personal Privacy and the Consult Connect Privacy Policy

Consult Connect has developed a system to enable privacy that can be completely controlled by the user at the section level.  This system of privacy, included on the home page and detailed profile page, enables you, as the user, to set the limits of visible content.  In cases where the user elects to join groups, submit job applications, and use the multi-media options displaying content the user may reveal gender, ethnic origin, nationality, age, religion, and/or sexual orientation, and other personal information about you. You agree that your submission of any information including multi-media content or statements made by you while maintaining your account is voluntary and you hold Consult Connect harmless for any infringement of personal privacy. Additional privacy considerations are included in the Consult Connect Privacy Policy.


Acknowledgement of Consult Connect Intellectual Property Rights

The Consult Connect platform includes intellectual property that is owned or licensed to Consult Connect. You acknowledge that this platform includes features and technology that is in patent pending status with the United States Patent Office. You agree not to copy, imitate, mirror, duplicate, or otherwise simulate this website or use terms, technologies, custom algorithms, indicator methodologies and other application concepts as described, illustrated, programmed, published, and utilized in the Consult Connect platform.  In addition you agree not to attempt to over ride any security component included in or underlying in the Consult Connect website or attempt to access the data base or the website features through an alternative portal other then the authorized access point on the Consult Connect home page or otherwise authorized access point as designated by Consult Connect.


Regional Restrictions

The objective of Consult Connect is to abide by trade laws as constituted for trade and other business transactions. In an effort to abide by these restrictions Consult Connect has removed contents in our data base and blocked IP address information for countries that are not eligible for usage by United States law. Countries blocked or removed from access include but is not limited to Iran, North Korea, and Cuba.


Indemnification

You indemnify Consult Connect and its employees, shareholders, and directors harmless for all damages, losses and costs including, but not limited to, reasonable attorneys’ fees and costs related to all claims, including but not limited to all third party charges, and investigations, caused by your failure to comply with these terms and conditions, including, without limitation, your submission of content that violates third party rights or applicable laws, any content you submit to the website, and any activity in which you engage on or through the Consult Connect platform.


Platform User Rights

On the condition that you comply with all your obligations under the Service Agreement, we grant you limited, non-exclusive, non-assignable rights to access, modify, and review your account and profile information through a standard or mobile web browser. We do not allow, and you agree, not to introduce software, viruses, or code. You agree not to introduce or execute spiders, crawls, scans, embedded deep links, scrapes, copies, deletions, modifications to content or user information or other applications that may access the Consult Connect data without expressed written consent of Consult Connect. Any use contrary to these terms will result in immediate termination of the user’s account without notification. Consult Connect reserves all legal protections and defenses to the fullest extent of the law for intentional misuse and infringement of the platform.


Consult Connect Rights and Obligations

Promotions

Consult Connect offers incentives to promote network growth and engagement with features within the website. Consult Connect reserves the rights to change, modify, alter, remove or revise promotions related to terms of service in regards to Premium Account and Job Board features at any time and without notice.

 
Payments

If you purchase any services that we offer for a fee, including but not limited to the Premium Account service and the Post a Position features, you agree that all fees and charges paid are nonrefundable and there are no refunds or credits based on a pro-rated basis during the service term duration. You may cancel your Premium Account or remove your Posted Job Board Positions at any time by sending a formal written request to Account.Services@consultconnect.com.


Platform Availability

The intention of Consult Connect is continue to provide services and shall provide access to the site while seeking to update, improve and expand the platform offerings. During these efforts we allow you to access Consult Connect as it may exist and be available at any time and have no other obligations, except as expressly stated in this Service Agreement.  Consult Connect is not obligated to store, maintain or provide content that you or other users may have entered or uploaded into the site while using the Consult Connect platform. Consult Connect may modify, alter, revise, or discontinue partial or all services at its discretion.


User Information Disclosure

You agree that we may access, preserve, store, and disclose your registration and any other account, profile, or other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; enforcement of the Service Agreement; responses to claims of a violation of the rights of third parties, whether or not the third party is an account member, individual, or government agency; responses to customer service inquiries by the authorized user; or the protection of rights, property, or personal safety of Consult Connect staff, management, and directors, our members or the general public.


Professional Networking and Communications with Other Users

You are responsible for your communications and network relationships with other Consult Connect users. Consult Connect may limit the number of professional connections you may have, both consultant and corporate users, and may, in certain circumstances, prohibit or limit your use of the Consult Connect services.

 
Limitation of Liability and Disclaimers

Neither Consult Connect nor any of our employees, shareholders, or directors shall be liable for any damages in excess of the most recent annual fee that you paid for a Premium Account or the amount paid for a specific Job Board posting, if any, or US $100, whichever amount is greater, or any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person which may occur arising from your use of the Consult Connect platform. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, or other law, regardless of whether we knew or should have known about the possibility of such damages, or whether the limited remedies provided in this section fail of their essential purpose; these limitations do not apply to any damage that Consult Connect may cause you intentionally or knowingly in violation of this Service Agreement, or as otherwise mandated by applicable law that cannot be disclaimed from in this Service Agreement.

Consult Connect will perform its due diligence to maintain system wide availability however periodic system maintenance, system updates, and service related issues such as network and utility operations may periodically impact platform availability. Consult Connect does not guarantee continuous availability or service levels for all services in the product including but not limited to Consult Connect email, Home Page Postings, Account Updates, the Consult Connect Dashboard™, Job Postings, and other features.

Consult Connect is not obligated to confirm or verify user information or check on the identity of individual users. Consult Connect disclaims liability for any events that may be related to identity theft or other misuse of identity or personal information.  Consult Connect has intentionally limited data gathering requirements and does not save specific information related to user accounts. Data not collected includes, but is not limited to, personal or business entity tax code information and social security data. Information that is not saved within the Consult Connect platform includes personal or business financial account information.

Consult Connect disclaims all perceived and implied warranties related to user content, user representations, or user statements.


Termination of Services

You may terminate this Service Agreement, for any reason, at any time, with notice to Consult Connect. This notice will be effective upon the processing of your written request. Consult Connect may terminate the Service Agreement for any reason and any time with or without warning or notification. Only Consult Connect or the user paying for the Premium Account services may terminate access to any Free Standard or Premium Account. Termination of your Consult Connect account includes disabling your access to the website and may disable future access to the products offered by Consult Connect. Consult Connect also reserves the right to block IP addresses associated with terminated accounts.

Consult Connect may suspend or terminate the account of any user who abuses or misuses the website. Misuse includes abusing the Consult Connect email or posting services; creating multiple or false profiles; uploading or distributing offensive materials, using the website services commercially without Consult Connect’s authorization, infringing any intellectual property rights, or any other behavior that Consult Connect determines as being contrary to its objective.


Utah Law and Arbitration

Except for any Disputes relating to intellectual property rights, intellectual property obligations or any intellectual property infringement claims, all disputes with Consult Connect arising out of or relating to the Consult Connect Service Agreement shall be governed by Utah law regardless of your origin or where you access the product, and notwithstanding of any conflicts of law principles or the United Nations Convention for the International Sale of Goods.

Any Disputes shall be resolved by final and binding arbitration under the rules of the American Arbitration Association, to be held in Salt Lake City, Utah, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses.


Severability

If any portion of this Service Agreement is determined to be unenforceable or contrary to law the remainder of the agreement remains in force and effect.


Consult Connect Service Agreement

You agree that this Service Agreement constitutes the complete and exclusive agreement between you and Consult Connect regarding the Account Services and supersedes all prior agreements and understandings with respect to this Service Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase addition services such as the Consult Connect Job Board features and third-party software or content.

Consult Connect reserves the right to revise, modify, enhance, add or replace terms of the Service Agreement, effective upon posting at www.consultconnect.com. If you do not want to agree to changes to the revisions to the Service Agreement you can terminate the Service Agreement and discontinue usage of the Consult Connect platform.


End of Service Agreement

 

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