OnSource Terms of Use

These Terms of Use (the “Terms”) apply to your use of the website, mobile applications, and any services provided under a separate service agreement (collectively, the “Services”), provided by OnSource, LLC (“OnSource,” “we,” “us,” or “our”), whether for yourself or on behalf of a business. By using the Services, you agree to be bound by these Terms. To the extent these Terms conflict with any part of a separate service agreement between you and OnSource, the service agreement will control. These Terms incorporate the OnSource privacy policy, which can be found here[a] (the “Privacy Policy”).

Your Account

To access the full array of Services, you may need to create an account. That account may be created directly by you, or may be created by an administrator on your behalf. In either event, you recognize the importance of keeping your account password confidential, and agree that you are responsible for activity that happens on or through your account. If you suspect any unauthorized use of your account please contact us using the information below.

Content

In your use of the Services you may upload content to the website or an account. Ownership of intellectual property rights in that content will remain yours. With regard to that content, you agree that by uploading through the Services you grant OnSource and those we work with a worldwide license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, sublicense, and distribute such content. This license is granted for the sole purpose of operating, promoting, and improving the Services, and developing new ones. You agree that we may display your account profile name, photo, and actions you take through the Services, within the Services, subject to the terms of the Privacy Policy.

Mobile Apps

Where the Services require or permit download of a mobile application (an “App”), we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services in accord with these Terms. You agree not to copy, modify, distribute, sell, or lease any part of the Services or any App, nor to reverse engineer or attempt to extract the source code of any App, unless laws prohibit those restrictions or you have our written permission.

Communications

Fast, efficient communication is essential in providing the Services. You agree that we may contact you, either electronically or via telephone, via the information provided for the purpose of providing the Services, and that third-parties which whom we contract or with whom we share your information in accord with the Privacy Policy may likewise contact you.

Work With Third-Parties

As part of the provision of Services, you acknowledge that we will work with third-party service providers. These third-parties may include call centers, other user communications providers, research, marketing, and advertising companies, cocntractors, and others. You agree that any such third-party is not an employee or agent of OnSource, that OnSource does not warrant or otherwise guarantee than work completed by a third-party will be completed in a satisfactory manner, and that in no event will OnSource be liable for any damages caused by a third-party. You further agree that the terms of your relationship with any third-party you are connected to through the Services, including any website linked to from the OnSource website, will be governed by any agreement you have with that third-party.

Modifying or Terminating Services

As we grow, we will continue to update and change the Services, by both adding and removing features, functionalities, and services. We reserve the right to make these changes, or terminate the Services altogether, at any time, subject only to a separate service agreement. You may terminate your use of the Services at anytime, also subject to any separate service agreement. If we decide to terminate a Service, as much as possible we will provide you with advance notice and an opportunity to archive data, if any. While we will do our best to work with you to archive data in the event you terminate Services, we cannot guarantee the availability of any data after you terminate Services or request deletion of an account.

Your Responsibilities

In making use of the Services, you agree not to:

  • Post or distribute content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of other users;
  • Engage in automated uses of the site that are abusive or disruptive of the Services and have not been approved by us;
  • Disrupt the Services by placing an undue burden on a website or the networks or servers connected with the Services;
  • Disrupt the Services by inundating any of the websites or Apps with communications or other traffic that suggests no serious intent to use the Services for their stated purpose;
  • Knowingly access, tamper with, or use any of our non-public areas in our computer systems without authorization;
  • Probe, scan, or test the vulnerability of any of our technical systems or networks;
  • Infringe copyrights, trademarks, patents, or other proprietary rights of others, including OnSource;
  • Attempt to impersonate another user or individual, misrepresent your affiliation with any individual or entity, or use the username of another user with the intent to deceive;
  • Infringe the privacy rights of others or solicit personally identifying information for the purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by OnSource;
  • Transmit chain, junk mail, or spam to others;
  • Engage in harassment, threats, stalking, spamming, or vandalism;
  • Intentionally or knowingly post content that constitutes libel or defamation;
  • Post content that is false or inaccurate with the intent to deceive; or
  • Otherwise use the Services in a manner inconsistent with applicable law.

Warranties and Disclaimers

While we promise to use a commercially reasonable level of skill and care in providing the Services, there are certain promises we don’t make.

Namely, other than as expressly set out in these Terms or a separate service agreement, neither we nor our agents, assigns, or third-party contractors and vendors make any specific promises about the Services, or any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “As Is.”

Some jurisdictions provide for certain warranties, such as the implied warranty of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties of any kind.

Limitation of Liability

You agree to waive, release, and hold OnSource (plus our agents and assigns) harmless from any and all liability or every type except liability arising out of our gross negligence or willful misconduct. In any event, to the maximum extent permitted by law, you agree that we will not be liable for any direct, special, incidental, indirect, punitive, consequential or other damages arising out of your use of the Services, and that to the extent permitted by law, our total liability for any claims arising under these Terms will be limited to the amount paid for the Services. In any event, all damages will be limited to actual damages that are reasonably foreseeable.

Business Use

If the Services are being used on behalf of a business, that business agrees to these Terms, and you warrant that you have the power to bind the business to these terms, including the limitation of liability above.

Changes.

We reserve the right to change or modify these Terms at any time and any changes will be effective upon being posted unless we advise otherwise. We encourage you to periodically review the OnSource website for the latest Terms.

Severability

The invalidity, illegality or unenforceability of any provision of these Terms will in no way affect the validity, legality or enforceability of any other provision.

Governing Law

These Terms and actions taken thereunder will be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, applied without regard to conflict of law principles.

Dispute Resolution

All disputes arising out of the Services must be submitted to binding arbitration in the Commonwealth of Massachusetts before an arbitrator appointed by the American Arbitration Association in a proceeding pursuant to that organization’s rules and in accord with its code of ethics. The judgment of the arbitrator will be final and not subject to appeal or review by any judicial or administrative process, and may not be vacated. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and that the arbitrator may not consolidate proceedings of more than one person or entity’s claims. In the event of arbitration, the arbitrator will apportion liability for the cost of the arbitrator, other costs, and a reasonable attorney’s fee, in accord with the rules of the American Arbitration Association, this Agreement, and applicable law. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee, for having to compel arbitration or defend or enforce the arbitrator’s award.

Indemnification

You agree to fully defend, indemnify, and hold OnSource (or its agents, successors, or assigns) harmless, including payment of all costs of defense, any judgment, fines or penalties, and any attorney’s fees or other costs imposed by a court, agency, or under a settlement agreement, against liability of any kind arising out of your use of the Services or breach of any of these Terms.

Successors and Assigns

These Terms will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, subject to the limitations set forth herein.

Waiver

Any waiver of compliance with these Terms must be in writing, and waiver in one instance will not be deemed a waiver in any future instance.

Contact

Reach out to us with any questions, concerns, or comments here:

OnSource, LLC
150 Grossman Drive, Suite 207
Braintree, MA 02184
info@OnSourceOnline.com