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Terms of Service for Advisees

Last updated Aug 6, 2018

This online networking and mentoring platform (“Site”) is owned and operated by Evisors, Inc. (d/b/a “Firsthand”). The specific features and functionality of the Site are to be determined solely by Firsthand and are subject to change or termination at any time, for any reason, and without notice.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

This Agreement contains all the terms and conditions between a user of Firsthand services (“you” or “Advisee”) and Firsthand. By using the site, you are executing a binding agreement between Firsthand and you as the Advisee. You should therefore read this Agreement carefully. If you do not agree to be bound by this Agreement, do not request a consultation, watch a webinar or engage in any other interaction facilitated by Firsthand.

As an Advisee, you also are agreeing to the terms of the Firsthand Privacy Policy, which is incorporated into this Agreement.

Definition of Service

Firsthand provides a platform where Advisees can locate an Advisor and ask for advice or opportunities. Firsthand will enable an Advisee to communicate with Advisors. This communication may or may not require the Advisee to pay for services provided by Advisors. Firsthand makes no representation or warranty whatsoever as to (a) the willingness or ability of any Advisor to give advice or provide opportunities, (b) whether the Advisee will find the advice or opportunities given by an Advisor satisfactory, (c) whether the advice or opportunities the Advisor offers will provide an adequate answer to the Advisee’s question(s) or (d) whether the Advisor’s advice will otherwise be suitable to the Advisee’s needs.

Firsthand does not refer, endorse, recommend, verify, evaluate or guarantee any advice, opportunities, information or other services provided by Advisors. Advisees should not consider anything to be a referral, endorsement, recommendation or guarantee by Firsthand of an Advisor’s advice, opportunities, information or other services. Firsthand does not guarantee the validity, accuracy, completeness, safety, legality, quality or applicability of the content on the Site and anything spoken or written by its Advisors, including any information contained in an Advisor profile. Firsthand will not be liable for any damages sustained due to reliance by Advisee on information, advice or opportunities provided by any Advisor. The advice or information provided by our Advisors is for informational purposes only and cannot be considered a substitute for professional advice.

Advisee hereby releases and agrees to hold harmless Firsthand, its directors, shareholders, officers, members, managers, employees, agents, successors, advisors and assigns from any and all causes of action, claims of any nature and damages resulting from the advice of Advisors accessed through the Site or from the content of the Site.

Disclaimer of Warranty and Limitation of Liability

THE ADVISEE ACKNOWLEDGES AND AGREES THAT THE FIRSTHAND SERVICE IS PROVIDED “AS IS”, AND THEREFORE THE ADVISEE WILL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS FIRSTHAND IN RESPECT TO FIRSTHAND’S ADVISORS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE ADVISEE’S NEEDS. THE USE OF FIRSTHAND IS AT THE ADVISEE’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, FIRSTHAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

FIRSTHAND EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ADVISORS. IF AN ADVISEE DECIDES TO RELY ON INFORMATION PROVIDED BY AN ADVISOR FOLLOWING THE USE OF FIRSTHAND, THE ADVISEE MUST EXERCISE A HIGH STANDARD OF CARE. THE ADVISEE SHALL NOT HAVE ANY CLAIM OR DEMAND VIS-A-VIS FIRSTHAND, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT TO ANY SERVICE OR ADVICE THE ADVISEE DECIDES TO RECEIVE AND/OR RELY ON. FIRSTHAND WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR INFORMATION ACQUIRED THROUGH FIRSTHAND. THE PURCHASE OF SERVICES IS EFFECTED AT THE ADVISEE’S SOLE RISK.

UNDER NO CIRCUMSTANCES WILL FIRSTHAND, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY ADVISEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. FIRSTHAND, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID BY AN ADVISEE TO ADVISORS THROUGH FIRSTHAND IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. THE ADVISEE ACKNOWLEDGES AND AGREES THAT FIRSTHAND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN ADVISOR IN CONNECTION WITH PAYMENT FOR SERVICES BY THE ADVISEE AND ADVISEE AGREES TO INDEMNIFY AND HOLD FIRSTHAND HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH FIRSTHAND, THE ADVISEE HEREBY RELIEVES FIRSTHAND, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH THE ADVISEE MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

Advisee’s Conduct

You warrant and declare that while you are using Firsthand you will agree to and act according to the following rules:

  • Firsthand is not involved in any transactions between Advisee and Advisor. Firsthand does not control or verify the quality, relevance or accuracy of the advice, whether the Advisor is qualified to provide the specific advice, whether the Advisor is categorized correctly or in the most appropriate category to provide the advice sought by the Advisee, the accuracy of any postings on the Site or any transmissions through it by Advisees or Advisors.
  • Advisee consents to Firsthand collecting and processing any personal information, as per the terms of Firsthand’s Privacy Policy.
  • All interactions between Advisee and Advisor will be billed through Firsthand regardless of if the interaction is online or offline. Advisee agrees to abide by the pricing terms agreed upon with an Advisor while utilizing Firsthand and to pay Firsthand for all services rendered to Advisee by Advisors.
  • Advisee will not take any actions that may undermine, disrupt or manipulate the integrity of the Advisee feedback (rating) system on the Site.
  • Advisee will not interfere with or disrupt the Firsthand servers or networks connected to the Site.
  • Advisee will not attempt to gain unauthorized access to other computer systems or networks connected to the Site.
  • Advisee will not transmit through the site any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.
  • Advisee will not disobey or breach this Agreement or any other applicable instructions conveyed by Firsthand.
  • Advisee will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
  • Advisee will not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law.
  • Firsthand enables the transfer of files between Advisees and Advisors. Opening any such files is at the sole risk of the Advisee. It is the Advisee’s responsibility to scan such files with an anti-virus software application prior to opening them. Firsthand is not responsible for any the transfer of any computer viruses, malicious software or other damage resulting from opening such files.
  • Advisee will not stalk, threaten or harass Advisors or other Advisees or infringe upon or attempt to infringe upon their privacy.
  • (US Users) Advisee will not discriminate on the basis of gender as stipulated in Title IX of the Education Amendment of 1972.

International Users

Firsthand makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.

Modifications and Termination of Firsthand

Firsthand reserves the right in its sole discretion, and from time to time, to modify or discontinue, temporarily or permanently, the services in Firsthand, with or without notice to Advisee. Advisee agrees that Firsthand shall not be liable to Advisee or any third party for any modification or discontinuance of Firsthand’s services or for any losses or damages that may result to Advisee from such discontinuation or interruption of service.

Firsthand’s services depend on various factors such as software, hardware and communications networks of Firsthand, its contractors and suppliers and factors outside its control. Hence, Firsthand cannot guarantee that Firsthand’s service will be uninterrupted or that it will be timely, secure or error-free.

Firsthand may, in its sole discretion and for any reason or no reason, terminate Advisee’s participation in Firsthand and refuse any and all current or future use by Advisee of Firsthand.

Indemnification

Advisee shall indemnify, defend and hold harmless Firsthand and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against Firsthand or such party, to the extent that such a claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Advisee according to this Agreement; (b) Advisee’s refusal to pay for services provided by any Advisor; or (c) any materials that Advisee had posted to Firsthand or transmitted through it and/or any content on Advisee’s Web site or otherwise provided by Advisee.

No Assignment

Advisee shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Firsthand. Any purported assignment by Advisee without the appropriate prior written approval will be null and void and of no force or effect.

Modifications to this Agreement

Firsthand may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Advisee is encouraged to check the terms of this Agreement frequently. By using the service or Site after any changes, Advisee agrees to be bound by such changes to this Agreement.

Violation

Advisee may report any violation of this Agreement to support@firsthand.co.

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