Last updated Jul 20, 2020
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: (A) AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND (B) IF YOU ARE RECEIVING PAYMENT FOR YOUR SERVICES ON THE PLATFORM, THAT YOU ARE LEGALLY AUTHORIZED TO WORK IN THE COUNTRY FROM WHICH YOU ARE OFFERING SERVICES
This Agreement contains all the terms and conditions between you (“Advisor”) and Firsthand. Your use of Firsthand as an Advisor implies your acceptance of the terms and conditions of this Agreement.
Firsthand provides a platform where an Advisor may present his or her expertise and opportunities and offer, for free or for a fee, online consultations to interested users (“Advisees”) from Firsthand or its affiliates. Firsthand makes no representation or warranty whatsoever as to the willingness or ability of Advisees to pay for any advice given by the Advisor. However, payment will be gathered in advance of all consultations.
THE ADVISOR ACKNOWLEDGES AND AGREES THAT FIRSTHAND IS BEING PROVIDED FOR USE AS IS, AND THEREFORE ADVISOR WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS FIRSTHAND IN RESPECT TO FIRSTHAND’S ADVISEE, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE ADVISOR’S NEEDS. THE USE OF FIRSTHAND IS ACCORDINGLY BEING MADE AT THE ADVISOR’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. FIRSTHAND EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS ADVISEES. IF AN ADVISOR DECIDES TO PROVIDE ADVISOR’S SERVICES THROUGH THE USE OF FIRSTHAND, ADVISOR MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS ADVISOR WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE ADVISOR SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST FIRSTHAND, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES ADVISOR DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF FIRSTHAND. FIRSTHAND WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH FIRSTHAND. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE ADVISOR’S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL FIRSTHAND, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY ADVISOR 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 TO ADVISORS THROUGH FIRSTHAND IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. ADVISOR ACKNOWLEDGES AND AGREES THAT FIRSTHAND DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN ADVISEE IN CONNECTION WITH THE PROVISION OF ANY SERVICES BY ADVISOR (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE ADVISOR AS TO ADVISOR’S QUALIFICATIONS AND ADVICE PROVIDED BY THE ADVISOR) THROUGH THE FIRSTHAND SERVICE AND ADVISOR AGREES TO INDEMNIFY AND HOLD FIRSTHAND HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM INCLUDING LEGAL FEES AND COSTS. FIRSTHAND WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN AN ADVISOR AND AN ADVISEE, INCLUDING ADVISOR FEE AGREEMENT. ADVISOR WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH AN ADVISEE. ADVISOR FURTHER ACKNOWLEDGES THAT ADVISOR WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY ADVISEE TO WHOM ADVISOR PROVIDES SERVICES AND WHERE THAT ADVISEE SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH FIRSTHAND, ADVISOR HEREBY RELEASES FIRSTHAND AND ITS AFFILIATES, AND 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 ATTORNEY’S FEES, WHICH ADVISOR MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.
By registering as an Advisor, you the Advisor, represent, warrant and agree to the following:
You the Advisor will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made in your communications through Firsthand or under your Firsthand user name and password. You represent, warrant and declare that while you are using Firsthand as an Advisor, you will act according to the following rules:
The main purpose of Firsthand is to provide a platform for registered Advisors to provide Advisees with advice and opportunities that they seek. By utilizing Firsthand, Advisors and Advisees can negotiate and enter a contract for advice or an opportunity. Firsthand does not screen or edit the content of communications between Advisors and Advisees, but Firsthand may screen, copy, transmit and review all communications conducted by or through Firsthand for technical support and/or to uphold the terms of this Agreement.
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.
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 Advisor. Advisor agrees that Firsthand shall not be liable to Advisor or any third party for any modification or discontinuance to Firsthand’s services, or for any losses or damages that may result to Advisor or his or her Advisees from such discontinuation or interruption of service.
Firsthand’s services depend upon different factors such as: software, hardware and communications networks of Firsthand, its contractors and suppliers, and other factors outside its control. Hence, Firsthand cannot guarantee that Firsthand will not be interrupted, or that it will be timely, secure or error-free.
Firsthand, in its sole discretion and for any or no reason, may terminate Advisor’s participation in Firsthand and refuse any and all current or future use by Advisor of Firsthand.
Advisor may terminate their Agreement with Firsthand at any time by sending an email to email@example.com. Firsthand shall invalidate Advisor’s user name and password within thirty (30) days of receiving such notice. Advisor may inactivate his or her own account for any desired period of time from within their Firsthand account. Notwithstanding termination, all obligations of Advisor under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
Firsthand respects the intellectual property of others, and we ask our users to do the same. Firsthand may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
Firsthand grants Advisor a nonexclusive, revocable right to use the Site provided that Advisor does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Advisor will 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 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 Advisor according to this Agreement; (b) Advisor’s provision of services to any third party, regardless of whether or not they are Advisees of the Firsthand service; or (c) any materials that Advisor has posted to Firsthand and/or any content on Advisor’s Web site or otherwise provided to Advisees. Advisor represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Advisor, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Advisor 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 Advisor without the appropriate prior written approval will be null and void and of no force or effect.
Firsthand may change this Agreement without prior notice by posting modifications on the Site. Unless otherwise specified by Firsthand, all modifications shall be effective upon posting. Therefore, Advisor is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Advisor agrees to be bound by such changes to the Agreement. If Advisor does not agree to the changes, Advisor may terminate access to the Site and participation in Firsthand services by following the procedures set forth above.
The Advisor may report any violation of this Agreement to firstname.lastname@example.org.