You, herein referred to as Client.
Global Finance Fund Inc.(Global Finance Fund Inc., OpinionEx, and, My Industry Brand are divisions of Global Finance Fund Inc), herein referred to as OPEX.
This is an agreement between you (the user of this website for any purpose and/or services of provided by OPEX) and OPEX regarding your use of, and/or receipt of services from, without limitation, OPEX’s website(s), database, computer, interactive information, communication, transaction service allowing access to the expert listings, directory searches, consultation, online advertising, and other services as outlined herein and/or on MyIndustryBrand.com, OpinionEx.com, and GlobalFinanceFund.com. By registering with, using, and/or purchasing OPEX services/products, , YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, please exit our site at this time.
This Agreement (“User Agreement” or “Agreement” or “Terms of Service” or “Terms of Usage”), including the Privacy Statement, contains the entire terms and conditions that apply to your use of OpinionEx’s services (“Services”) and its website and/or co-branded websites which OpinionEx may operate or host from its or co-host servers (collectively referred to herein as “Site”). In this Agreement, “expert” or “experts” means any person or entity that is an authority in a discipline that requires specialized knowledge and experience.
It is the Client’s responsibility to review the information in this agreement on a regular basis, as it may change with or without notice at any time. The Client may request an updated copy of these Terms of Services by emailing email@example.com, calling 647.494.0489 or 647.267.0345. The continued use of, and/or payment for services by the Client represent agreement with any updates and/or changes made to these Terms of Service by OPEX.
OPEX will work with the Client to provide Consulting, Marketing, and/or Business Development services. It is the Client’s responsibility to make any decisions and conduct any actions that may impact the Client or that may relate to the Services. OPEX may make introductions to OPEX clients, partners, contacts, or other parties. Any Parties that the Client wants to exclude from this agreement must be provided to OPEX within two (2) business days following the execution of this agreement.
Termination and Assignability
Client will work with OPEX for a minimum of 12 months as of the date of purchasing Services, unless a specific Service/Product has a different minimum commitment date as outlined in the Services in these Terms of Service. The agreement terms and conditions may be modified and extended by the Client and OPEX upon mutual written consent, otherwise the Agreement is automatically extended until terminated in writing. This Agreement nor any benefits or obligations are assignable or transferable by the Client, but may be done so by OPEX without consent of the Client. OPEX. Upon merger or consolidation of the Client or OPEX with another entity, this Agreement shall be binding upon the Client or such other entity surviving such merger or consolidation, as the case may be, in the same manner and to the same extent as though it is the Client. This Agreement may be terminated by the Client by providing OPEX 60 days written notice. The provisions of this Agreement pertaining to OPEX’s compensation or fees will survive any such termination.
Inquiries and Best Efforts
OPEX, its representatives, contractors, and consultants have the right to make inquiries of such persons, firms, corporations , other, as are, in their opinion, necessary in order to provide the Services. Any sources not to be contacted must be stated in writing prior to initiating this Agreement. Services are on a “best efforts” basis with no guarantees. OPEX does not warrant the actions of any consultants or outside parties. The Client will take all relevant and necessary steps to assure itself of the soundness and credit-worthiness of any Parties it does business with.
Any and all information made available to the Client or OPEX, directly or indirectly via OPEX or OPEX referrals, contacts, sources, or other parties, related to patients, clients, or any individual, or source, is regarded as strictly confidential, and will not be divulged or used other than in connection with the performance of the Services, except pursuant to legal process or as otherwise required by law. The terms and conditions of the Agreement shall not apply to any Confidential Information that:
(a) is a part of the public domain prior to the date of execution of the Agreement;
(b) becomes a part of the public domain through no wrongful or unauthorized act of omission of the Receiving Party;
(c) the Receiving party can demonstrate that it or an entity associated or affiliated with it, independently developed;
(d) is disclosed to the Receiving Party, without restriction and without reach of this Agreement, by a third party, who obtained the information lawfully and under no obligation of secrecy; or
(e) is approved for release by the Providing Party.
Client agrees not enter into contracts, obtain, request, or provide compensation or services, to persons or entities introduced by OPEX or obtained via OPEX channels including but not limited to OpinionEx.com website, without prior consent of OPEX. The spirit of mutual trust and confidence shall be the underlying principle of this undertaking and the parties agree to adhere thereto. The Confidentiality terms of this Agreement shall survive its termination and Non Circumvention terms shall survive for 12 months following the termination of this Agreement.
Client agrees to indemnify and hold harmless OPEX with respect to its actions or omissions in connection with the performance of the Services, without gross negligence and otherwise in accordance with this Agreement. OPEX’s total aggregate liability to the Client arising out of or relating to this Agreement or the Services, whether in contract or tort (including negligence), under statute or otherwise, shall be limited to the less of $1,000 or the Fees paid to OPEX for the Services by the Client. The Client shall have no recourse, and shall bring no claim, against OPEX.
OPEX and the Client shall first attempt to resolve disputes by informal negotiations. If unsuccessful, Client agrees that at OPEX’s sole discretion, either A) A one day binding arbitration, with an arbitrator selected by OPEX be completed B) Any fees in dispute be split half way. C) $1,000 CAD be paid to the Client. In all circumstances, Client must provide a release of all past, present, and future claims to OPEX and any related parties. All dispute resolution held in the jurisdiction of the Province of Ontario.
OPEX is permitted to use the name of the Client and details of the Services performed for advertising purposes. Client may not post any negative, defamatory, or otherwise non positive comment, information, content, reviews, ratings, or rankings about OPEX or related parties, and must remove or agree to OPEX’s request for removal of any content related to OPEX.
This Agreement constitutes the entire Agreement between the parties, and nothing else is implied or promised. It is binding upon the respective heirs, executors, administrators, successors or assigns of the parties including a subsequent purchaser of the shares owned by the operating principals.
This Agreement shall constitute the Client’s irrevocable direction to the solicitors who would be responsible for the disbursement of funds, to make the fees and any outstanding expenses payable to OPEX.
Client may indicate Agreement with these Terms of Service by clicking on the box next to “I’ve read and accept the terms & conditions *” on the MyIndustryBrand.com website.
Services and Fees
Amounts are listed in US dollars and must be paid in US dollars if Client is paying with US form of payment or residing in US, and in Canadian Dollars if Client is paying with Canadian form of payment and residing in Canada. 13% HST is added to all transactions from Canadian clients. Additional fees may be charged by Client payment processor and provider. OPEX may charge additional fees which may fluctuate from time to time to account for fluctuations in foreign exchange rates, and resources required to accept payments from non Canadian clients and payment methods.
Network – $99/month
Profile on the OpinionEx.com website. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods.
Website & Network – $299/month.
Design, development, and maintenance of a personal website with options provided by OPEX. Your website represents your brand, and we make sure that it leaves a positive and lasting impression with your visitors. We focus on your specific industry, and implement best practices to ensure the greatest impact. Expect innovative technologies, professional designs, and a site that is functional and intuitive. Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods. This also includes access to our Exclusive Network, and credentials to a profile provided when requested by Client. When the Website is ready to be moved from OPEX subdomain or development servers, Client agrees to pay ~$10 to $15 USD/month to have OPEX host or manage the hosting of the website, and to purchase, transfer, or use a Domain approved by Client. If a Domain is purchased or transferred to OPEX, it becomes the property of OPEX, and may be sold at the sole discretion of OPEX to the Client or other parties at a fee to be determined by OPEX.
Website Network (Multiple) – $598/month.
This is the Website Design and Network product for more then 1 profile or service provider. Your website represents your brand, and we make sure that it leaves a positive and lasting impression with your visitors. We focus on your specific industry, and implement best practices to ensure the greatest impact. Expect innovative technologies, professional designs, and a site that is functional and intuitive. Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods. This also includes access to our Exclusive Network, and credentials to a profile provided when requested by Client. When the Website is ready to be moved from OPEX subdomain or development servers, Client agrees to pay ~$10 to $15 USD/month to have OPEX host or manage the hosting of the website, and to purchase, transfer, or use a Domain approved by Client. If a Domain is purchased or transferred to OPEX, it becomes the property of OPEX, and may be sold at the sole discretion of OPEX to the Client or other parties at a fee to be determined by OPEX.
Website Materials / Ownership
Client owns all content. An access/transfer fee of the Website or related files to Client or related party may be charged to facilitate a smooth transfer of materials. This fee may fluctuate based on the time resources required to complete the transfer, and is solely determined by OPEX at the time of transfer. Fee may range from $1,000 or more at the discretion of OPEX. Transfer fee may be provided complimentary at OPEX’s sole discretion for Clients with service terms meeting or exceeding 36 months. Access to website or files is strictly restricted to OPEX.
Social Media (Basic) – $299/month.
Design, development and one weekly post on Facebook, LinkedIn, and Twitter (unless fewer or other networks agreed to) making your social media marketing effective and powerful. Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods.
Social Media (Premium) – $399/month.
Design, development and two weekly posts on Facebook, LinkedIn, and Twitter (unless fewer or other networks agreed to). Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods.
SEO (Basic) – $99/month.
On-page optimization for search engine crawling rankings. This product does not include the OpinionEx network. Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods.
SEO & Reputation (Premium) – $199/month.
On-page optimization for search engine crawling rankings plus off-page optimization including submission to directories and creation of back links. Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods. This also includes access to our Exclusive Network.
SEO & Reputation (Elite) – $299/month.
On-page optimization for search engine crawling rankings plus off-page optimization including submission to directories and creation of back links plus active web monitoring; removing negative and creating positive content. Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods.
My Online Brand (Silver) – $677/month.
Website & Network – see above. Regular price – $499. Social Media (Basic) – see above – Regular price – $499. SEO (Basic) – see above – Regular price – $299. Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods. This also includes access to our Exclusive Network.
My Online Brand (Gold) – $949/month
Website & Network – see above – Regular price – $499. Social Media Premium – See above – Regular price – $599.
SEO & Reputation (Premium) – see above – Regular price – $599.
Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods.
My Online Brand (Platinum) – $1249/month.
Website & Network (Multiple) – see above – Regular price – $998.
Social Media (Premium) – see above – Regular price – $599.
SEO & Reputation (Elite) – see above – Regular price – $599.
Fee is in USD or CAD depending on the Client’s payment method or place of residence, and recurs monthly. Six (6) month commitment minimum required, and a 60 day cancellation notice or two (two) pay periods. This also includes access to our Exclusive Network.
My Talent Agent – $1000/month.
You are a talent, and it’s time you were treated that way. We provide a dedicated resource that is responsible for getting you unique engagements while promoting, protecting, and monetizing your knowledge, experience, and achievements. This is done by contacting many sources, including but not limited to corporations, non profits, academic institutions, and government bodies. Results can include speaking engagements, consulting work, unique projects, private client requests, trips, research, and more. We source unique opportunities, manage all aspects of the request, and present and treat you like the valuable talent you are. Includes: Active Online Reputation Monitoring – Removing negative online content and creating positive online content. We are committed to providing you with an incredible experience and a strong return on your investment. If we are not dedicating significant effort and resources to present, and help you obtain, a minimum of 4 opportunities during the year, we will provide a full refund. This is our 100% guarantee. You must have a My Online Brand Silver, Gold, or Platinum package. Recurs monthly with a minimum twelve month commitment required. 20% of gross earnings added as a fee and collected at the time of your payment. Funds from US clients are collected in Canadian, with a relevant conversion used. This also includes access to our Exclusive Network. Refund is not valid if either Client is responsible for delays in developing services within My Online Brand Silver, Gold, or Platinum package, or OPEX, at it’s sole discretion, determines that effort was made by OPEX and no refund is due.
My Talent Agent (Premium) – $2000/month.
We provide a dedicated resource that is responsible for getting you unique engagements while promoting, protecting, and monetizing your knowledge, experience, and achievements. This is done by contacting many sources, including but not limited to corporations, non profits, academic institutions, and government bodies. Results can include speaking engagements, consulting work, unique projects, private client requests, trips, research, and more. We source unique opportunities, manage all aspects of the request, and present and treat you like the valuable talent you are. We are committed to providing you with an incredible experience and a strong return on your investment. If we are not dedicating significant effort and resources to present, and help you obtain, a minimum of 4 opportunities during the year, we will provide a full refund. This is our 100% guarantee. Recurs monthly with a minimum twelve month commitment required. 20% of gross earnings added as a fee and collected at the time of your payment. Funds from US clients are collected in Canadian, with a relevant conversion used. This also includes access to our Exclusive Network. Includes: Platinum MIB Package. Refund is not valid if either Client is responsible for delays in developing services within My Online Brand Silver, Gold, or Platinum package, or OPEX, at it’s sole discretion, determines that effort was made by OPEX and no refund is due.
My Corporate Talent Agent – $3000/month.
Your company is special, and it’s time we showed the world. We provide a dedicated resource that is responsible for getting your company, practice, or clinic unique publicity and activities while promoting, protecting, and monetizing it’s brand. This is done by contacting many sources, including but not limited to corporations, non profits, academic institutions, and government bodies. Results can include speaking engagements, consulting work, unique projects, trips, research, board positions, and more. We source unique opportunities, and manage all aspects of the request. We are committed to providing you with an incredible experience and a strong return on your investment. If we are not dedicating significant effort and resources to present, and help you obtain, a minimum of 4 opportunities during the year, we will provide a full refund. This is our 100% guarantee. Recurs monthly with a minimum twelve month commitment required. 20% of gross earnings added as a fee and collected at the time of your payment. Funds from US clients are collected in Canadian, with a relevant conversion used. This also includes access to our Exclusive Network. Includes: Platinum MIB Package. Refund is not valid if either Client is responsible for delays in developing services within My Online Brand Silver, Gold, or Platinum package, or OPEX, at it’s sole discretion, determines that effort was made by OPEX and no refund is due.
PR – $ Based on specific project scope
Managing the spread of information between you or your organization and the public via channels included but not limited to TV, Print (Newspaper/Magazine/Other), Internet, and Radio. May include event planning or other activities.
Consulting – $ Based on specific project scope
Activities can include but not limited to audit of current practices, development of strategy, and assistance with the execution of strategy in various areas such as Finance, M&A, Operations, Marketing, Sales, and others.
Sales – Greater of 15% or $500 of any/all initial, ongoing, or future gross sales obtained via OpinionEx.com or OPEX directly or indirectly, not including any clinical work
Optimization – 50% of the gross benefit received by the Client from a decrease in costs for the greater of 36 months or the term of the contract between Client and other Party
Other* – *Other services can be added in the future by OPEX and made available to the Client, with pricing and details provided at that time, and approval by Client at that time.
OpinionEx.com – The following sections are related to OpinionEx.com
Nature Of OpinionEx Service
OpinionEx Service is designed to allow experts to promote their services to prospective clients. The Site acts as a communications venue for the exchange of information between experts and their prospective clients. OpinionEx is not responsible for the content of communications among Users, whether accomplished through the use of the Site or otherwise. Because User authentication on the Internet is difficult, OpinionEx cannot and does not confirm that Users are who they claim to be. OpinionEx does not warrant the truth or accuracy of what the experts have represented to OpinionEx or what they have requested to be listed and made public on the Site. Specifically, without in any way limiting any other provision of this Agreement, OpinionEx does not control, warrant, or guarantee the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of the experts to render expert services, or consumers of expert services to purchase them. Furthermore, OpinionEx does not control, warrant, or guarantee that the experts will receive any particular number of leads, or solicitations, that the experts will ultimately honour the proposals they offer, that prospective customers will enter into an Agreement or will select an expert through OpinionEx Service. Finally, OpinionEx does not control, warrant, or guarantee that any User is who he or she claims to be or is not acting under false pretences.
OpinionEx may, at its sole discretion, take actions to verify the accuracy of information presented by Users of the Site. Such actions do not limit, expand, or otherwise affect its obligations under this Agreement. OpinionEx encourages you to communicate directly with other Users or other professionals to help you evaluate with whom you are dealing. Please practice safe usage. If you have any concerns about an individual, take measures to safeguard yourself. Users may contact the regulatory agency to verify license or membership status where applicable. Information supplied by Users could be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labeled. OpinionEx expects that you will use caution — and common sense — when using the Site.
All experts who wish to be registered in the directory and all other Users who wish to contact any of OpinionEx’s registered experts using the Site (collectively “Users” or “you”), must register using OpinionEx’s registration process (“Registration Process”). We require the Registration Process so that Users can obtain a username (“User Name” or “Member Name” or “Login” or “Login Name”) and a password. Your User Name will be used to identify you on OpinionEx. You may log in to OpinionEx, use the Services or modify your information, only through your User Name and password. You may not have more than one account or User Name with OpinionEx. By registering with OpinionEx, you certify that the contact information you provide in the Registration Process is accurate and belongs to you. You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your User Name and password. You agree to notify OpinionEx immediately at info@OpinionEx of any unauthorized use of your account or any other breach of security you learn about. Your receipt of an electronic confirmation from OpinionEx that your Registration Process is complete does not constitute an acceptance of your registration. Experts may require additional verification information before accepting your registration and reserves the right at any time to decline, suspend, or terminate your membership as set forth in this Agreement. Registration occurs when an expert or User receives a log in and password from OpinionEx.com or OPEX.
OpinionEx’s fees are subject to change at any time and for any reason. OpinionEx reserves the right to modify the membership program, dues, fees, charges or rates at any time upon notice consistent with this Agreement. You as the User are responsible for paying all applicable taxes for services and any other costs you incur through the use of or access to our servers. All fees are quoted and payable in United States dollars unless you reside in Canada in which case they are payable in Canadian Dollars. OpinionEx provides links to other sites on the World Wide Web. Some of the Internet sites you visit through these links assess separate charges for the content, goods or services they provide. Costs, taxes or other charges you incur when visiting these web sites are your sole responsibility. OpinionEx provides its directory listings services to prospective clients of the experts at no charge. OpinionEx requires experts to maintain a membership with OpinionEx, however some profiles in OpinionEx.com may be placed there at no charge and may have been obtained either by gathering publically available information online or directly by the expert. To be listed in OpinionEx as an expert, you must complete the OpinionEx Registration Process and choose a method to pay your membership dues, fees and charges. Only experts, as defined above, are eligible for membership with OpinionEx. OpinionEx reserves the right to reject any request for membership. A membership cannot be assigned or transferred. You agree to be responsible for all membership dues, fees, or charges incurred on your account by you, or any one you allow to use your account in violation of this Agreement, including, but not limited to, your professional colleagues, former OpinionEx members, or family or friends. Upon approval, every expert who has completed the Registration Process and has become a member on or after October 1, 2015 will receive either a twelve-month membership or monthly membership, both of which recur either monthly or annually depending on whether it was a monthly or annual membership, and entitling the expert to benefit from OpinionEx Service through the annual or monthly calendar anniversary date of the membership’s approval and recurring payment. Thereafter, the membership will be renewed subject to the conditions and fee structure then in effect hereunder. You may always contact OpinionEx customer service by e-mail or telephone concerning the billing of membership dues, fees or charges or other questions regarding the status of your membership account. Any inquiries regarding disputed transactions must be received within five (5) business days of a charge made by OPEX. Inquiries can be made by calling or sending e-mail to both “firstname.lastname@example.org” and (888) 391-4382”. Failure to write within these time frames waives your right to any reimbursement. The maximum reimbursement available should an inquiry be made within this time period is 10% of the most recent fee charged, or a credit towards one year of membership in OpinionEx.com. You agree to have your membership automatically renewed on either the monthly or annual calendar anniversary date of membership approval (depending on whether you registered at the then current conditions and fee structure, unless you notify OpinionEx in writing thirty (60) days in advance of membership renewal, or as otherwise allowed by OpinionEx customer service policies, to change your membership status. Prior to renewing your membership, OpinionEx may or may not advise you of any renewal options and the then existing membership dues, fees, and charges by sending notice as required under this Agreement. Failure to maintain a current and working e-mail address in your OpinionEx membership account constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise. You must provide your exact billing address and telephone number to properly process your membership application and corresponding dues, fees, and charges. OpinionEx accepts Major Credit Cards including Visa and MasterCard as forms of payment. OpinionEx encourages you to keep your membership current through the convenient use of a credit card. You can also request that OpinionEx accept bank drafts including personal checks, money orders, cashiers checks, and company checks made payable to OpinionEx. However, for these non-credit card payment methods, OpinionEx may not credit your account until additional membership application procedures are completed and after our bank certifies receipt of funds – typically ten (10) business days. OpinionEx may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason. OpinionEx expects you to ensure that your membership account balance is paid on time. During the Registration Process, you must submit an accompanying payment and/or payment authorization. If you pay by credit card, you must keep an acceptable and currently working credit card on file with OpinionEx. If your credit card expires or otherwise declines payment your registration will be suspended. Thereafter, you have thirty (30) calendar days from the date your membership dues, fees and charges were posted to your membership account to submit remittance. If your payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount of your unpaid membership dues, fees, charges or other outstanding balance (if any) plus this assessment will become immediately due and payable. You are responsible for your membership dues, fees, and charges, including collection and legal fees OpinionEx may incur in collecting a balance owed by you. Your membership may be cancelled or terminated at any time in accordance with the terms of this Agreement. However, no portion of your outstanding or pending payments for membership dues, fees, or charges is refundable by OpinionEx. You will remain liable for any outstanding membership dues, fees, charges, or other monetary obligations incurred hereunder before cancellation or termination of your membership. OpinionEx may modify this agreement or Privacy Statement at any time in its sole discretion. Any modification is effective immediately, and it is your responsibility to regularly review these Terms and Conditions. By continuing to pay fees to OPEX you are agreeing to any updated Terms and Conditions in place at the time. If any modification to this agreement is unacceptable to you, you may contact OPEX via email@example.com or firstname.lastname@example.org
You are providing your contact information (“email” or “phone” or “address”) for the purposes of registering as an expert or to otherwise access the OpinionEx Service. Correctly entering your contact information is important so that Users requiring expert assistance can contact you. Occasionally, you may receive newsletters, updates, information and notices, etc. with information that we deem to be of interest to the members of OpinionEx. If you do not want to receive newsletter and updates, you may opt out of that service by contacting OPEX via email@example.com or firstname.lastname@example.org
OpinionEx may display URLs or icons that allow Users to link to other web sites. Any content, representations, or warranties made on such other web sites regarding privacy or any other matter are the sole responsibility of the operator of the site, and OpinionEx assumes no liability, obligation, or responsibility for such content, representations, or warranties.
Guidelines for Use
OpinionEx Services and Site are only available for use by individuals who are age 13 or over. The Services and Site may not be used by scripts, machines or automated services. OpinionEx Services and Site may be used only for lawful purposes. You must comply with all applicable local, provincial, national and international laws, regulations or conventions, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You may not use the OpinionEx Services or Site for any criminal or illegal activities or any activities that might be legally actionable. OpinionEx reserves the right to determine what constitutes Internet abuse and objectionable conduct. If OpinionEx believes, in its sole discretion, that a violation of these Guidelines has occurred, it may take responsive action. Such action may include, but not be limited to, permanent removal of illegal or inappropriate information or content, or suspension or termination of your membership and access to OpinionEx Services. Examples of objectionable conduct and content that violate these Guidelines include, but are not limited to, the following: A) Posting, transmitting, or linking to any text, image, file, code, or any other content or material on the Site in violation of any applicable state or federal laws. B) Posting, transmitting, or linking to any text or images that are sexually explicit, pornographic, racially or ethnically objectionable, or grossly offensive to the online community. C) Posting, transmitting, or linking to defamatory and libellous statements or other statements that would violate any third party’s privacy or publicity rights. D) Impersonating any person or using a name that you are not authorized to use. E) Planning illegal activities, such as creating computer viruses, building a bomb, or counterfeiting money. F) Promoting any products or services that are unlawful at the location at which the content is posted or received. G) Posting any content that infringes any third party’s intellectual property rights or violates any confidentiality agreements or contracts of employment. H) Posting, transmitting, or linking to statements that are intentionally false or misleading. I) Spamming, flaming, or other similar activities, including using information obtained from OpinionEx to communicate uninvited solicitations or to promote your products or services. J) Violating the guidelines for academic honesty or other unethical behaviour.Violations of system and network security are prohibited. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any session being conducted on the Site. You may not misuse system resources including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for your own account. You also agree not to use your OpinionEx-issued password for any unauthorized or prohibited purpose. If you notice a problem with other members not following these Guidelines, please notify us by contacting Customer Support.
OpinionEx enables registered experts and Users to provide addresses, phone numbers, descriptions, pictures, comments and other content (“Your Content”) to its Site. When you post Your Content on the Site, you understand and agree that Your Content can be viewed and used by other visitors to the Site. You represent and warrant that you own or otherwise control all of the rights to Your Content and that use of Your Content by OpinionEx and its affiliates will not infringe upon or violate the rights of any third party. Before you use OpinionEx Services to post any information or content that is protected by intellectual property laws, you shall have acquired the legal right to do so from the owner or authorized licensee of such information or content. By registering with OpinionEx and posting Your Content on the Site, you hereby grant OpinionEx a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate and create derivative works from your Content in any form, media or technology, whether now-known or hereafter developed.
YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE OPINIONEX SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. OPINIONEX AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
Through your uses of the OpinionEx Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the OpinionEx Service and Users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the OpinionEx service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. OpinionEx and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser. You agree not to resell, reproduce, or copy information obtained from OpinionEx or through OpinionEx Services, nor exploit your membership or association with OpinionEx for a commercial or advertising purpose, except as otherwise authorized herein, without the express written permission of a corporate officer of OpinionEx.
OpinionEx Property Rights
The content, layout, design, concept, and organization of the OpinionEx Site and Services are subject to OpinionEx’s patents, copyrights, trade secrets, and other intellectual property rights. All rights are reserved. You acknowledge and agree that OpinionEx owns all right, title and interest in (i) the Services; (ii) the Site; (iii) the technology available on the Services or the Site; and (iv) all copyrights, patents, trademarks and other intellectual property rights therein. Any use of the OpinionEx Services, Site, technology, and/or the copyrights, patents, trademarks or other intellectual property rights, other than as described in this Agreement, is not licensed and is strictly prohibited. You agree that you will obtain the express written permission from OpinionEx before you copy, upload, transmit, reproduce, distribute or in any way exploit any OpinionEx Services, technology and/or the copyrights, patents, trademarks or the other intellectual property rights, obtained through the OpinionEx Site. In addition, you agree not to copy the layout, design, concept and organization of the Site or Services during the Agreement and for a period of five years after termination. This Agreement does not constitute a license to use OpinionEx’s trade names, service marks or any other trade insignia. Any use of OpinionEx’s trade names, services marks or any other trade insignia shall be subject to OpinionEx’s prior written consent.
Agent for Notification of Claimed Infringement
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, OpinionEx has designated an agent to receive notices of claimed copyright infringement. If you believe Your Content has been used on the Site in a manner that constitutes copyright infringement, please notify our designated agent at OpinionEx at info@OpinionEx.com
Disclaimers of Warranty
Other than providing a framework in which experts provide their personal listings, contact information, and professional description, OpinionEx does not review or verify the content of postings at its Site. The experts who participate at OpinionEx have not been licensed, certified or tested, nor have they met any requirements other than completing our registration process, which has not been reviewed or verified by us.
YOU EXPRESSLY AGREE THAT USE OF OPINIONEX SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. OPINIONEX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE. OPINIONEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OPINIONEX MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. OPINIONEX DOES NOT WARRANT THAT THE SITE OR ITS SERVICES ARE free of computer viruses or other harmful materials. Nor does OPINIONEX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT SHALL OPINIONEX, OPEX, ITS AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS OR LICENSORS, OWNERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, TECHNOLOGY OR CONTENT AVAILABLE ON THE SERVICES (“OPINIONEX AFFILIATES”), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (i) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SERVICES; (ii) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS OR LOSS OF REPUTATION, EVEN IF OPINIONEX or OPEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY OPINIONEX SHALL BE CANCELLATION OF YOUR MEMBERSHIP TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
OpinionEx / OPEX is completely independent from you. You agree that you are not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or any other similar type of relationship with OpinionEx / OPEX, and no such relationship(s) are intended nor created by this Agreement.
OpinionEx provides its Services and Site to Users on the assumption that you will act professionally and responsibly. If you do not, you must bear full responsibility for your actions. As a User of the OpinionEx Service, you agree to defend, indemnify and hold harmless OpinionEx / OPEX, its officers, directors, employees and agents from and against all claims, demands, actions, suits, damages, liabilities and costs, including reasonable attorneys’ and experts’ fees, related to or arising from (i) any breach of your covenants under this Agreement; (ii) your use of the Services or the Site; (iii) all conduct and activities occurring under your User Name and password; (iv) any defamatory, libellous or illegal material contained within Your Content or your information and data; (v) any claim or contention that Your Content or your information and data infringes any third party’s patent, copyright or other intellectual property rights or violates any third party’s rights of privacy or publicity; and (vi) any third party’s access or use of Your Content or your information and data. OpinionEx reserves the right, at its own expense, to participate in the defense of any matter otherwise subject to indemnification from you, but shall have no obligation to do so. You shall not settle any such claim or liability without the prior written consent of OpinionEx, which shall not be unreasonably withheld.
This Agreement shall be effective for as long as you use the Services. You may terminate this Agreement with or without cause, upon thirty (60) days notice to OpinionEx / OPEX. OpinionEx may terminate this Agreement immediately if, based on OpinionEx’s sole judgment, it determines that you have (i) breached this Agreement or the Guidelines established for the use of OpinionEx Services or Site, (ii) infringed or violated any intellectual property right of OpinionEx or (iii) infringed or violated any intellectual property right or privacy or publicity right of a third party. OpinionEx reserves the right to modify or discontinue the Service or any portion thereof with or without notice to any User. OpinionEx shall not be liable to any User or any third party should OpinionEx exercise its right to modify or discontinue the Service, except that, if the service is discontinued through no fault of the User, a User who has paid an annual fee for services shall be entitled to a pro rata refund of the unused portion of the fee. The termination of this Agreement shall terminate your access to the Services. OpinionEx shall not be liable to you or to any third party for termination of the Services for any reason. The termination of this Agreement does not relieve you of your obligation to pay any Fees accrued or payable to OpinionEx prior to the effective date of termination of this Agreement. Upon termination of this Agreement, the perpetual license you have granted to OpinionEx shall continue. Provisions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.
Export Control Compliance
You agree to abide by Canada, U.S., and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the Canada and the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. Regrettably, nations of Cuba, Iraq, Iran, Libya, North Korea, and Syria may not legally access OpinionEx.
Pursuant to California Civil Code Section 1789.3 if you are a California resident you may have these Terms of Service e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information; may obtain service pricing information on membership dues, fees, charges and rates by reviewing these Terms of Service, sending a letter to the foregoing address with your e-mail address and a request for this information or by emailing email@example.com. If you should have any complaints about OpinionEx Services, or need further information about the Services, contact Customer Support at info@Opinionex.com
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of OpinionEx.
If any provision of this Agreement or portion thereof is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. OpinionEx’s failure to act with respect to a breach by you or others does not waive OpinionEx’s right to act with respect to subsequent or similar breaches.
OpinionEx / OPEX will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war, or act of God.
Applicable Law and Jurisdiction
You agree that all matters arising from or relating to the use and operation of the Site and Services shall be governed by the laws of the Province of Ontario and Canada, without regard to conflicts of laws principles. This Agreement also shall be governed by and construed in accordance with the laws of the Province of Ontario and Canada. The courts of the Province of Ontario located in Toronto shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement or arising from or relating to the operation or use of the Site or Services. You expressly consent to (i) the personal jurisdiction of such courts over you; and (ii) service of process being effected upon you by either email or registered mail sent to the address you provide OpinionEx in connection with your subscription for services. Unless prohibited by the law of your jurisdiction, you waive any requirement that service of process or of any documents be made upon you pursuant to the provisions of The Hague Service Convention.
Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by email, to us at info@OpinionEx, and to you at the email address you provide OpinionEx during the registration process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained. OpinionEx may modify the terms of this Agreement at its sole discretion by posting modifications on its website. Your continued use of the Services after notice of modifications constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your membership to the Services and terminate this Agreement.
Accessing the Web Portal and Account Security
We reserve the right to withdraw or amend this Web Portal (Website), and any service or material we provide on the Web Portal, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Web Portal is unavailable at any time, or for any period. From time to time, we may restrict access to some parts of the Web Portal to users, including registered users.
Compliance with Confidentiality Obligations and HIPAA
To the extent you have a written agreement with us regarding the protection of confidential information and/or protected health information (“PHI”), you agree to comply with the terms of that agreement in your use of the Web Portal, including the submission of any PHI in connection therewith. Alternatively, if you are a covered entity or business associate that does not have a written agreement already in place with us, then you hereby agree to the terms of our standard Business Associate Agreement or Agreement to Protect Privacy and Security of HIPAA-Protected Information, as applicable, currently in effect. You may request a copy of those agreements by emailing info@OpinionEx.com.
Other Terms and Conditions
Intellectual Property Rights
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
Web Portal, Email and Form Submissions
Linking to the Website and Social Media Features
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
We make no claims that the Website or any of its content is accessible or appropriate outside of Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Canada, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, OPEX, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
Waiver and Severability
Client Terms and Conditions
Last updated on October 1, 2015
You agree to indemnify and hold harmless OPEX and its affiliates, and their respective officers, directors, employees, members, managing members, managers, agents, representatives, successors and assigns (collectively, “OPEX Parties”) from any and all actions, causes of action, claims, charges, demands, cost, expenses and damages (including attorneys’ fees and expenses) and liabilities of any kind whatsoever directly or indirectly resulting from, arising out of or in connection with (i) your breach or violation of any provision of these Terms & Conditions; (ii) any Expert Contract to which you are a party; or (iii) any act or omission by you in connection with any Engagement.
OPINIONEX DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND IN CONNECTION WITH THESE TERMS & CONDITIONS. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES WITH RESPECT TO ANY EXPERT OR ANY ENGAGEMENT. WE ARE NOT A PARTY TO ANY EXPERT CONTRACT, AND WE DO NOT HAVE ANY RESPONSIBILITY FOR ANY ACT OR OMISSION OF ANY EXPERT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL OPEX PARTIES BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS & CONDITIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH HEREIN, IN SUCH JURISDICTION, THE LIABILITY OF OPEX PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. OPEX PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES, WHICH, FOR THE AVOIDANCE OF DOUBT, INCLUDES, BUT IS NOT LIMITED TO, CLAIMS BROUGHT AGAINST YOU BY ANY EXPERT.
The validity, interpretation, performance and enforcement of these Terms & Conditions shall be governed by the laws of the Province of Ontario without regard to the conflicts of laws principles thereof. Any dispute, controversy or claim arising from or relating to these Terms & Conditions shall be fully and exclusively finally settled by an arbitration held in Toronto under the rules of the Canadian Arbitration Association in effect from time to time. You hereby irrevocably and unconditionally waive any rights you may have to a trial by jury with respect to any such dispute, controversy or claim relating to these Terms & Conditions. The arbitrator may grant any remedy that he or she deems just and equitable within the scope of this arbitration agreement, except that he or she may not, under any circumstance, grant a remedy inconsistent with or in violation of the Limitation of Liability set forth above. The award of the arbitrator shall be final and binding and judgment thereon may be entered in any court having jurisdiction. You hereby unconditionally and irrevocably submit to the jurisdiction courts of Ontario.
We may modify these Terms & Conditions from time to time. We may notify you of material modifications and may require you to accept the modified terms in order to continue participating in OpinionEx. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. Neither these Terms & Conditions nor any of the rights, interests or obligations hereunder may be assigned, delegated or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without our prior written consent (which consent we may withhold in our sole discretion), and any such assignment, delegation or transfer by you without such prior written consent shall be null and void and of no force or effect whatsoever. These Terms & Conditions shall be binding upon and inure solely to the benefit of you and OPEX. and the successors, assigns and Clients of OPEX. As used in these Terms & Conditions, the word “including” shall mean “including, without limitation,” in all cases. Whenever possible, each provision of these Terms & Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms & Conditions, and these Terms & Conditions shall be reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained herein.
Expert Terms & Conditions
Last updated on October 1, 2015
By signing electronically, you hereby agree to abide by and be bound by the following terms and conditions (these “Terms & Conditions”). All terms such as “our”, “us”, “we”, “OEX”, and “OPEX” represent OPEX – the sole owner and operator of OPEX This is a legally binding agreement between you and OPEX.
OpinionEx.com is a network of practitioners, professionals and academics in various industries (each, an “Expert”) that provide consulting services to Expert’s clients or Clients of OpinionEx Clients may be law firms, institutional investment firms, consulting firms, banks, corporations, or any entity that requires the consultation of an individual or individuals. Based on Clients’ needs, we, or the Expert, may contact appropriate Experts to ascertain whether they are available for a consulting engagement (“Engagement”) with such Client(s), such as a legal case review, proposal evaluation, telephone conference, deposition, and/or trial testimony among other services. An Expert’s participation in any Engagement is subject to mutual agreement between the Expert and the Client. All Engagements are directly between the Expert and the Client, subject to any terms and conditions agreed upon by the Expert and the Client (the “Client Contract”). We do not have any involvement in or responsibility for, and we are not a party to, any Client Contract. You must comply with all provisions of any Client Contract to which you are a party.
You may participate in any particular Engagement if, and only if, all of the following compliance conditions are satisfied: A) You have the requisite skill and expertise to provide the services required by the Engagement. B) Your participation in the Engagement would not cause or present conflict of interest or perceived conflict of interest. C) Your participation in the Engagement would not breach current agreements or legal obligations that you have to any person or entity (including, but not limited to, your employer, your previous employers or any person or entity to which you have provided consulting services). D) Your participation in the Engagement would not violate any duty, obligation, policy, or code of conduct of any person or entity (including, but not limited to, your employer, your previous employers or any person or entity to which you have provided consulting services) that you are subject to. E) Your participation in the Engagement would not result in any communication or disclosure of information or knowledge of any party or entity that you do not have permission to disclose. F) Your participation in the Engagement would not violate any law, rule or regulation. YOU MUST DECLINE OR DISCONTINUE PARTICIPATION IN ANY ENGAGEMENT THAT WOULD RESULT IN A VIOLATION OF ANY OF THE CONDITIONS ABOVE. Before participating in any Engagement, you must ensure that all conditions set forth above are satisfied. It is your responsibility to obtain all proper consents or waivers from employers, or any other third party as required in connection with an Engagement. It is your sole responsibility to determine whether you are compliant with the above conditions and capable of participating in an Engagement. You agree never to disseminate false or misleading information or inaccurately represent your experience, education, employment or knowledge to any Client or OPEX You agree that you have never been convicted of or charged with any felony. You agree that you are not, and have not been, the target or subject of any regulatory or enforcement proceeding brought by any securities, commodities or other financial regulatory authority, self-regulatory organization or other law enforcement body. You agree that you have not been debarred, excluded, suspended or otherwise not permitted to participate in U.S. or Canadian government or state programs, including, without limitation, under the OFAC Specially Designated Nationals List or the GSA Excluded Parties List System. Should your status change with respect to any of these representations, you shall immediately inform OPEX.
In order to participate in Engagements on a case by case basis when explicitly asked by OpinionEx, you will be required to provide us with certain information (the “Information”). It is your responsibility to provide accurate and complete Information to OPEX and you agree that you are aware of the reliance on the Information by OPEX, Clients, and all third parties that are involved in any Engagement. You agree to provide OPEX with accurate and current Information including, without limitation, your current and former employment, current and previous education background, and any conflicts or restrictions concerning your ability to consult. Based on further information from you or other sources, we may amend your Information and you acknowledge that you are under a continuing obligation to monitor the accuracy of your Information and to update changes promptly. You hereby consent to allow us to conduct background checks through the use of third-party service providers to confirm your Information.
You must comply with each of the conditions, agreements, acknowledgments, representations, covenants, warranties and other obligations included in these Terms & Conditions. As an Expert, you are expected to provide your services during any Engagement in good faith, to the best of your ability and at all times consistent with these Terms & Conditions and the applicable Client Contract(s). We do not participate in your interactions with Clients and we are not a party to any Client Contract. As such, we shall not be liable or responsible to you or any Client or other third party in any manner whatsoever in connection with any Engagement. You are solely responsible for your performance under any Engagement and for ensuring your compliance with these Terms & Conditions and all Client Contract(s) to which you are a party. You agree to cooperate fully in any inquiry concerning actual, alleged, or potential violations of these Terms & Conditions or in connection with any claim brought against us by any third party in connection with any Engagement or Client Contract.
You agree to not communicate, reveal, or disclose any “Confidential Information” of OPEX or of Clients and agree to keep and maintain your participation as strictly confidential unless given express, written permission from OPEX (which it may withhold in its sole discretion). “Confidential Information” includes any and all non-public information, in any form or medium, written, oral or otherwise, concerning or relating to OPEX, any of its affiliates or any Client, including, but not limited to, the names of any Clients and Clients’ employees, questions posed by any Client and the topics discussed, information or materials shared, opinions expressed or work commissioned by OPEX or any Client. In the event that you are required to disclose Confidential Information under applicable law, you agree to promptly notify OPEX and to fully cooperate with OPEX in exercising any right or exemption available to prevent the disclosure of Confidential Information to the extent permitted under applicable law. You shall not use Confidential Information for any purpose other than those specifically permitted by these Terms & Conditions. Without limiting the foregoing, you shall not use Confidential Information for personal benefit (including, without limitation, for the purpose of making investment or trading decisions). The duty to maintain confidentiality hereunder shall survive until the Confidential Information becomes generally known to and available for use by the public other than as a result of a disclosure by you or any other person under legal obligation not to disclose the information.
You must only participate in Engagements with our Clients when we have asked, where we have arranged or explicitly approved the engagement. For the avoidance of doubt, any violation of any of the restrictions set forth in this Section shall be deemed to be a material breach of these Terms & Conditions. If you are invited by OPEX to perform an Engagement for a Client, you should either accept or decline the invitation within 24 hours of issuance. Accepted Engagements should be completed within seven (7) to ten (10) business days of the invitation. We make no representation regarding the frequency or quantity of Engagement requests that you will receive. We expect you to perform all Engagements in a timely, diligent and professional manner consistent with highest industry practice. You are required to provide proper notification at the time issuance of invitation to participate in an Engagement if you are unable to complete the Engagement within the expected time frame. Otherwise, we reserve the right to notify Clients that Engagements will typically be completed within seven to ten days of the invitation.
Experts will be paid consulting fees directly by the Client(s) based on the terms of the applicable Client Contract. We are not required to pay any fees to any Expert, nor are we required to assist any Expert in collecting any fees from any Client; it is the Expert’s sole and exclusive responsibility to collect its fees from the Client. Any and all billing must be made directly by you to the Client. It is understood and agreed that any services performed by you under these Terms & Conditions shall be performed as an independent contractor and consultant, and you further understand and acknowledge that you have no authority to act or speak on OPEX’s behalf or to represent that you have any such authority. You shall not be deemed to be an employee of OPEX or any of its Clients and you shall not be entitled to any benefits provided by either OPEX or any of its Clients. You agree that you shall be personally responsible and liable for any and all taxes and other payments due on payments received by you for services provided under these Terms & Conditions. Nothing in these Terms & Conditions shall create a partnership or joint venture or establish the relationship of principal and agent or any other relationship of a similar nature between you, OPEX or its Clients.
You are solely responsible for the content that you share or create in connection with your performance of services hereunder. You represent that you own or have obtained any necessary licenses or permissions for any materials, regardless of form or format (hereafter, “IP”), that you provide to OPEX, Clients or third parties in connection with your performance of such services.
You agree to indemnify and hold harmless OPEX and its affiliates, and their respective officers, directors, employees, members, managing members, managers, agents, representatives, successors and assigns (collectively, “OPEX Parties”) from any and all actions, causes of action, claims, charges, demands, cost, expenses and damages (including attorneys’ fees and expenses) and liabilities of any kind whatsoever directly or indirectly resulting from, arising out of or in connection with (i) your breach or violation of any provision of these Terms & Conditions; (ii) any Client Contract to which you are a party; or (iii) any act or omission by you in connection with any Engagement.
OPEX WILL REVIEW YOUR INFORMATION AS PROVIDED WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, OF ANY KIND. WE DO NOT GUARANTEE THAT YOU WILL OBTAIN ANY ENGAGEMENTS OR ENTER INTO ANY CLIENT CONTRACTS, NOR DO WE MAKE ANY GUARANTEE AS TO THE AMOUNT OF BUSINESS OR FEES THAT YOU WILL RECEIVE AS A RESULT OF ANY ENGAGEMENTS OR CLIENT CONTRACTS. YOU MAY CANCEL YOUR MEMBERSHIP AT ANY TIME, AND UPON DOING SO YOUR PROFILE WILL BE DELETED FROM OPINIONEX, YOUR MEMBERSHIP WILL NOT BE RENEWED THE FOLLOWING YEAR, AND NO REFUND WILL BE PROVIDED FOR YOUR CURRENT MEMBERSHIP YEAR.
NONE OF OPEX PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY CLIENT CONRACT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL OPEX PARTIES BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS & CONDITIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT ANY JURISDICTION DOES NOT ALLOW ANY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH HEREIN, IN SUCH JURISDICTION, THE LIABILITY OF OPEX PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. OPEX PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES (WHICH, FOR THE AVOIDANCE OF DOUBT, INCLUDES, BUT IS NOT LIMITED TO, CLIENTS).
The validity, interpretation, performance and enforcement of these Terms & Conditions shall be governed by the laws of the Province of Ontario without regard to the conflicts of laws principles thereof. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING FROM OR RELATING TO THESE TERMS & CONDITIONS SHALL BE FULLY AND EXCLUSIVELY FINALLY SETTLED BY AN ARBITRATION HELD IN TORONTO UNDER THE RULES OF THE CANADIAN ARBITRATION ASSOCIATION IN EFFECT FROM TIME TO TIME. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHTS YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY SUCH DISPUTE, CONTROVERSY OR CLAIM RELATING TO THIS AGREEMENT. The arbitrator may grant any remedy that he or she deems just and equitable within the scope of this arbitration agreement, except that he or she may not, under any circumstance, grant a remedy inconsistent with or in violation of the Limitation of Liability. The award of the arbitrator shall be final and binding and judgment thereon may be entered in any court having jurisdiction. You hereby unconditionally and irrevocably submit to the jurisdiction of the courts of Ontario and Toronto.
We may modify these Terms & Conditions from time to time. We may notify you of material modifications and will require you to accept the modified terms in order to continue participating in OPEX.. No failure or delay by either party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. Neither these Terms & Conditions nor any of the rights, interests or obligations hereunder may be assigned, delegated or otherwise transferred, in whole or in part, by operation of law or otherwise, by you without our prior written consent (which consent we may withhold in our sole discretion), and any such assignment, delegation or transfer by you without such prior written consent shall be null and void and of no force or effect whatsoever. These Terms & Conditions shall be binding upon and inure solely to the benefit of you and OPEX and the successors, assigns and Clients of OpinionEx. As used in these Terms & Conditions, the word “including” shall mean “including, without limitation,” in all cases. Whenever possible, each provision of these Terms & Conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms & Conditions, and these Terms & Conditions shall be reformed, construed and enforced as if such invalid, illegal or unenforceable provision had never been contained herein.
Last updated on October 15, 2010
A) Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to any web portal or other service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website. B) Records and copies of your correspondence (including e-mail addresses), if you contact us. C) Your responses to surveys that we might ask you to complete for research purposes. D) Details of transactions you carry out through our Website and of the fulfillment of your requests. E) Referral requests and/or business inquiries made through our Website, including through use of referral forms, email and/or web portals. Notwithstanding anything to the contrary, you agree that any such requests are also governed by the terms of our Terms of Service located at OpinionEx.com (the “Terms of Service”). F) If the Website permits, you also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Usage Details, IP Addresses and Cookies.
Information Usage and Disclosure
We utilize your Personal Information and Other Information to match you with consulting opportunities (if you are a current or prospective Expert) or to match an Expert with your consulting requirements (if you are a current or prospective Client). We will share your Personal Information and Other information with Experts or Clients, as the case may be, in an effort to make an engagement possible. We may also share your Personal Information and Usage Information as described below: A) In an ongoing effort to better understand users of our Website, we might analyze the Usage Information in aggregate form in order to operate, maintain, manage, and improve the Website. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes. B) We may employ other companies and individuals to perform functions on our behalf. Examples may include processing payments, and providing marketing assistance, information technology support, and customer service. These other companies will have access to the Personal Information and the Usage Information as necessary to perform their functions and to the extent permitted by law. C) As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Personal Information and Usage Information may be part of the transferred assets. D) To the extent permitted by law, we may also disclose Personal Information and the Usage Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of OpinionEx or others. E) We may conduct background checks through the use of third-party service providers to confirm the accuracy of information provided to us by Experts, and we may share Personal Information with such third party service providers in connection therewith. We use information that we collect about you or that you provide to us, including any personal information: A) To present our Website and its contents to you. B) To provide you with information, products or services that you request from us. C) To fulfill any other purpose for which you provide it. D) To provide you with notices about your accounts/subscriptions. E) To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. F) To notify you about changes to our Website or any products or services we offer or provide though it. G) To allow you to participate in interactive features on our Website. H) In any other way we may describe when you provide the information. I) For any other purpose with your consent.
Disclosure of Your Information
Choices About How We Use and Disclose Your Information