Terms of Use
Clients have full use at no cost
Guest Consultants view projects at no cost
Registered Consultants agree to fees as outlined in the Terms and Conditions for Registered Consultants
All users are subject to the following Terms of Use
1. AGREEMENT
This Agreement (hereinafter referred to as the "Agreement") explains the contractual agreement between ConsultantForce, Inc. located at PO Box 183, 5588 S. Parker Road, Aurora, CO 80015, a Colorado corporation having its principle place of business in Centennial, Colorado ("ConsultantForce, Inc.," "we," "us") and you ("Company," “You”, "you," "your") who agrees to the terms of this Agreement by clicking the "I AGREE" checkbox or on the Member Consultant Registration form under "Part D: Agreements." This Agreement is made to be effective as of the date accepted by ConsultantForce.com following your execution and submission of this Agreement by clicking the "I AGREE" checkbox on the Member Consultant Registration form under "Part D: Agreements." This Agreement governs your use of the ConsultantForce Web Site (the "Web Site") and transactions conducted through this Web Site. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties, intending to be bound, hereby agree as follows:
2. BACKGROUND
The Web Site provides a venue for Companies to post project opportunities and search for consultants. Via the Web Site, we provide certain information about our products, services and users, and certain other third party information. We may add, delete or modify some or all of the Services and information at any time at our sole discretion. ConsultantForce and you wish to enter into an Agreement wherein ConsultantForce agrees to provide to you, and, if applicable pursuant to the payment terms described in Section 9 hereof, you agree to pay for, certain specified services more fully described herein.
3. CONSULTANTS
By clicking the "I AGREE" checkbox on the Guest Consultant Registration form and registering with the ConsultantForce Web Site, you are designating yourself as a "Guest Consultant." "Guest Consultants" are NOT required to pay any fees to ConsultantForce to use the ConsultantForce.com Platform to identifying projects from Companies looking for Consultants to perform a specific set of services on a consulting basis.
In order to apply for any posted project, Guest Consultants must register as a Registered Consultant and agree the ConsultantFORCE fee schedule [Section 5].
4. CLIENTS
By clicking the "I AGREE" checkbox on the Client Registration form and registering with the ConsultantForce Web Site, you are designating yourself as a "Client." "Clients" are NOT required to pay any fees to ConsultantForce to use the ConsultantForce.com Platform to post projects and find and hire consultants. In order to apply for any Client's posted project, Consultants register as a Registered Consultant and agree the ConsultantFORCE fee schedule [Section 5].
There are never fees for Clients. However Clients may be asked from time to time to provide information to ConsultantFORCE regarding contracts as Consultants they hire through ConsultanttFORCE have agreed to pay 10% of any fee received to ConsultantFORCE.
5. SCOPE OF SERVICES
ConsultantForce provides online sharing services (our "Services") that provide services to both Consultants and Clients. "Consultants", “Member Consultants” as used in this Agreement, means individual professionals ("Individual Professionals") or vendors operating as corporations, partnerships or limited liability companies ("Corporate Vendors") with specific skill sets that are looking for consulting opportunities. Consultants that have elected to utilize the ConsultantForce Platform to respond to project opportunities (“Member Consultants”) have satisfied the annual fee requirements and agreed to the Terms of this agreement. “Companies,” as used in this Agreement, means individuals or organizations with specific needs to identify Consultants.
6. GUEST CONSULTANTS DO NOY PAY. REGESTERED MEMBER CONSULTANTS COSTS AND FEES ARE AS FOLLOWS:
ConsultantForce provides Lead Generation Services for Member Consultants to identify Companies with consulting needs. We do not charge any fees to Guest Consultants to simply view projects available. We also do not charge Companies to access the Site or our basic Services to post projects, seek and contract Consultants. However, if as Guest Consultant wants to apply to any project posted, they may register as a Member Consultants and agree to the Terms of Use Agreement for Member Consultants and pay a one time fee of $995.00 for initial membership to use the ConsultantForce Platform. The basic Services are supported by fees from Consultants seeking Projects. The initial agreement is for a one year period and is renewed on an annual basis at the rate $495.
7. GENERAL RULES OF USER CONDUCT
It is our goal to make the use of our Site and Services a good experience for all of our users, so You agree not to do any of the following:
A. Conduct or promote any illegal activities while using the Site or Services;
B. Upload, post, transmit or otherwise make available on or through Your Content any content or information that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, harmful to minors in any way, or racially, ethnically or otherwise objectionable;
C. Attempt to reverse engineer or jeopardize the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the ConsultantForce Platform (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;
D. Modify, change or alter in any way, the proprietary content of a third party using the ConsultantForce Platform;
E. Use the Services in any manner which interferes with the performance or functionality of the ConsultantForce Platform;
F. Attempt to gain access to secured portions of the Site to which You do not possess access rights;
G. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
H. Promote or advertise any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) violates the terms of service of any website upon which
I. Your Content is viewed, or (c) ConsultantForce determines, in its sole discretion, is inappropriate to be promoted through the Site or the Services;
J. Use the Site or Services to generate unsolicited email advertisements or spam;
K. Offer to "sell" anything to a member other than offering Consulting services as provided;
L. Use any automatic or manual process to search or harvest information from the Site or
M. Services, or to interfere in any way with the proper functioning of the Site and Services.
N. Misrepresent information submitted on projects or services or messages sent to other Users or ConsultantForce staff;
O. Disrespect or harass other Users in any way;
P. Harm the ConsultantForce site, or any related systems and infrastructure in any way through any means;
Q. Collect or resell data containing other Users' profile or personal information or any other information on the ConsultantForce site;
R. Commit any actions considered to be unethical or to abuse the stated purpose of the ConsultantForce site;
S. Attempt to deliberately solicit Users to leave the ConsultantForce site to use another similar or competitive;
T. Seek Consultants for (or offer Consulting services for) businesses that ConsultantForce does not allow: Multi Level Marketing Services, Home Based Business Services, and/or anything associated with pornography or adult entertainment. [We reserve the right to cancel or suspend accounts that appear to be related to these types of businesses. If Users see any Projects that violate these rules they should report them immediately].
8. Disclaimers of Warranty
THE SITE, SERVICES, AND CONSULTANTFORCE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONSULTANTFORCE, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. CONSULTANTFORCE, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE, CONSULTANTFORCE PLATFORM, OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.
9. Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND CONSULTANTFORCE PLATFORM, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL CONSULTANTFORCE, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, OR THE CONTENT. CONSULTANTFORCE, ITS PARENT, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CONSULTANTFORCE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THESE TERMS IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF CONSULTANTFORCE TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THESE TERMS WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).
10. General Terms
You and we are independent contracts, and nothing in these Terms creates a partnership, employment relationship or agency. There are no third-party beneficiaries of these Terms. You may not assign these Terms, in whole or in part, to any third party without our prior, written consent, and any attempt by You to do so will be invalid. Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Terms will not be considered a waiver of the right to enforce such provision. Our rights under these Terms will survive any termination of these Terms. You agree that: (i) the Site, Services and ConsultantForce Platform shall be deemed solely based in Colorado; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Colorado. These Terms will be governed by the laws of the State of Colorado. You agree that the state and federal courts located within the State of Colorado will have exclusive jurisdiction over any dispute between You and us. However, You agree that we may seek equitable relief in any jurisdiction when appropriate. YOU AND CONSULTANTFORCE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR CONSULTANTFORCE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms constitute the entire and only agreement between You and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter of these Terms.
11. Indemnification
You agree to defend, indemnify and hold harmless ConsultantForce, its parent corporation, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Site, Services, or ConsultantForce Platform; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) the distribution of Your Content; or (v) any claim that Your Content or Data caused damage to a third party. This defense and indemnification obligation will survive these Terms and Your use of the ConsultantForce Platform and/or ConsultantForce Tools.
12. Intellectual Property Issues
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site, Services, ConsultantForce Platform and ConsultantForce Tools, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of these Terms. You further acknowledge and agree that ConsultantForce retains ownership and control over the "look and feel" and substance of the ConsultantForce Tools. We reserve all rights that are not expressly granted to You in these Terms. As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Your Content, Data and Tracking Data. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of Your intellectual property rights related to Your Content and Data, to the extent necessary for us to provide and promote the Services, including, but not limited to the display, promotion and distribution of Your Content. Further, You grant us a non-exclusive, royalty-free, fully-paid, worldwide, irrevocable license to use, reproduce, adapt, modify, publish, translate, create derivative works from, communicate to the public and display the Tracking Data.
We reserve the right to modify, suspend, or discontinue the Site and the Services or modify the Terms from time-to-time, with or without notice to You, and we are not liable to You or any third party should we exercise such right. If You object to any such changes, Your sole recourse is to discontinue using the Site and the Services. Continued access and/or use of the Site and/or the Services following notice of any such changes shall indicate Your assent to and acceptance of such changes.
13. TERMINATION
You acknowledge and agree that we, at our sole discretion, may terminate Your use of the Site and/or the Services without prior notice if we believe that You have violated or acted inconsistently with these Terms or our privacy policy. You agree that we shall not be liable to You or any third party for termination of Your access to the Site and Services. In the event of any termination, You will immediately cease access to the Site and we will no longer provide You the Services, and You agree to promptly pay any outstanding fees owed under these Terms. The ConsultantForce site is restricted to any User suspended or removed from the ConsultantForce site. Users are prohibited from transferring or profiting from the transfer of their ConsultantForce site account to another party.
14. THIRD PARTY SITES
The ConsultantForce Tools may contain links to third party content, websites, advertising, applications or widgets that are not owned or controlled by ConsultantForce. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites, advertising, applications or widgets. In addition, ConsultantForce will not and cannot censor or edit the content of any third-party website, advertisement, application or widget. By using the Services, You expressly relieve ConsultantForce from any and all liability arising from Your use of any third-party content.