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.
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.
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.
In making use of the Services, you agree not to:
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.
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.
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.
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.
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.
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.
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.
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.
Reach out to us with any questions, concerns, or comments here:
150 Grossman Drive, Suite 207
Braintree, MA 02184