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. 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, or other information provided by Advisors. Advisees should not consider anything to be a referral, endorsement, recommendation or guarantee by Firsthand of an Advisor’s advice, opportunities, or other information. 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 SUPPORT OR ADVICE THE ADVISEE DECIDES TO RECEIVE AND/OR RELY ON. FIRSTHAND WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY INFORMATION ACQUIRED THROUGH FIRSTHAND.
**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.**
IN THE EVENT OF A DISPUTE REGARDING ANY CONSULTATION 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 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.
- 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; or (b) 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.
ADVISOR TERMS OF SERVICE
CareerSpring’s online, informational video, networking, and mentoring platform (“Site”) is owned and operated by Evisors, Inc. (d/b/a “Firsthand”). The specific features and functionality of the Site may vary by users’ age (see Advisee terms*) and are to be determined solely by Firsthand; they are also subject to change or termination at any time, for any reason, and without notice.
As An Advisor, 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 you (“Advisor”) and Firsthand. Your use of Firsthand as an Advisor implies your acceptance of the terms and conditions of this Agreement.
By registering as an Advisor and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of Firsthand’s Privacy Policy, which is incorporated into this Agreement.
Definition of Service
Firsthand provides a platform where an Advisor may present his or her expertise and opportunities and offer online consultations to interested users (“Advisees”) from Firsthand or its affiliates.
Disclaimer of Warranty and Limitation of Liability
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 Advice Through The Use Of Firsthand, Advisor Must Exercise A Reasonable Standard Of Care, At Least The Same As Advisor Would In A Similar Consultation 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 Advice Advisor Decides To Provide In Connection With The Use Of Firsthand. Firsthand Will Not Be Deemed The Provider Or Recipient Of Any Advice Acquired Through Firsthand. 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. 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 Advice (Including, Without Limitation, Representations By The Advisor As To Advisor’s Qualifications And Advice Provided By The Advisor) Through The Firsthand Service An 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. Advisor Further Acknowledges That Advisor Will Solely Be Responsible And Liable For Any Damages To Any Advisee To Whom Advisor Provides Advice And Where That Advisee Suffers Damages Arising From Or Connected To Such Consultation. In The Event Of A Dispute Regarding Any Consultation 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:
- At all times you the Advisor will provide correct and accurate representation of skills, degrees, qualifications, background and other information as prompted in any form on Firsthand, and will maintain and update all such information during the term of this Agreement (or during the course of your use of the Site) to keep it true, accurate, current and complete. You will maintain such skills, qualifications and other information, including maintaining your status in good standing as a licensed professional in any jurisdiction, as may be required by that jurisdiction, where you practice your profession. You shall not offer advice in any jurisdiction where you are not authorized, licensed or in good standing to do so.
- You will not offer or provide advice, directly or through writings, as to the value of securities or as to the advisability of investing in, purchasing or selling securities or any report or analysis concerning securities. You will not offer advice or provide any product or services related to or claiming success with lottery numbers.
- You will not misrepresent yourself or create a misleading name or profile.
- The aforementioned is an ongoing affirmative obligation for the Advisor to maintain and update on a regular basis.
Advisor’s Conduct
You the Advisor will be solely and fully liable for all conduct, advice, postings and transmissions that are made in your communications through Firsthand or under your Firsthand username and password. You represent, warrant and declare that while you are using Firsthand as an Advisor, you will act according to the following rules:
- Advisor will be solely responsible for the advice provided to Advisees and for the verification of Advisees’ identities and other information delivered to you by Advisees
- As a platform where Advisor can offer advice, Firsthand is not involved in any consultations between Advisor and Advisees. Firsthand does not control the accuracy of any postings on the Site or transmissions through it by Advisees. In addition, Firsthand cannot and will not make any effort to verify the identity of any of its Advisees
- Advisor will not mislead Advisees to believe that he or she can provide advice or resources which are outside Advisor’s fields of expertise or an opportunity that the Advisor is not able to offer
- Advisor will not take any actions which may undermine, disrupt or manipulate the integrity of the Advisee feedback (rating) system on the Site.
- Advisor will not interfere with or disrupt the Firsthand site or servers or networks connected to the Site.
- Advisor will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, or any unsolicited mass distribution of e-mail or bulletin board postings.
- Advisor 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.
- Advisor will not disobey or breach this Agreement or any other applicable instructions conveyed by Firsthand or its officers.
- Advisor will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.
- Advisor will not participate in Firsthand in any manner that is in violation of the rules, regulations or code of conduct of his or her current employer(s), including not divulging any restricted, confidential or otherwise proprietary information of any sort.
- Advisor will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) 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 or civil wrong or otherwise violates any applicable law.
- Advisor will not impersonate any person or entity, or make any false statement regarding Advisor’s employment, agency or affiliation with any person or entity.
- Advisor will not stalk, threaten or harass Advisees or other Advisors or invade or attempt to invade their privacy.
- Advisor will not disclose any information that was provided to Advisor by an Advisee and will use his or her best efforts to guard Advisee’s privacy
- Advisor agrees to comply with all applicable laws regarding use of this Site. Advisor may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of Firsthand or others. Advisor agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Advisor may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password “mining” or other illegitimate method of gaining access to restricted data.
- Firsthand may review the Advisor’s personal profile and amend any typing or spelling errors. Firsthand may, in its absolute discretion, remove or refuse to post or transmit in part or full any content uploaded by the Advisor. In such case, Firsthand may, but is under no obligation to, notify Advisor of such removal or removal or refusal. Without limiting the foregoing, Firsthand may remove any content violating this Agreement. The Advisor will bear all the risks associated with uploading and transmitting material utilizing Firsthand, including reliance on its accuracy, reliability or legality.
- (US Users) Advisor will not discriminate on the basis of gender as stipulated in Title IX of the Education Amendment of 1972.
Advisor and Advisee Communication
The main purpose of Firsthand is to provide a platform for registered Advisors to provide Advisees with advice and opportunities that they seek. 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.
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 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.
Termination of Account by Advisor
Advisor may terminate their Agreement with Firsthand at any time by sending an email to support@firsthand.co. 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.
Copyright Policy
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.
Limited License
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.
Indemnification
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; or (b) 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.
No Assignment
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.
Modifications to this Agreement
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.
Violation
The Advisor may report any violation of this Agreement to support@firsthand.co.
