Continuum offers a proprietary marketplace (the "Platform") which connects consultants (each, a "Consultant") and companies, businesses and entrepreneurs (each, a "Business") for engagements to provide professional, consultative and advisory services (collectively, "Project Services"). The Platform is offered through our websites, joincontinuum.com and app.joincontinuum.com (together with any additional or successor websites, "Website"). We'll collectively refer to the Platform, the Website, and any content, functionality, materials and services available or offered on or through the Platform or the Website as the "Service".
If you're using the Platform as a Consultant or a Business, you'll also review and accept separate terms with us (the " Consultant Contract" or the "Business Contract"). If there's a conflict between these Terms and the Consultant Contract or the Business Contract, the Consultant Contract or the Business Contract (as applicable) will control to the extent of the conflict.
By accessing or using the Service, by creating an account on the Platform, and/or by accepting the Consultant Contract or the Business Contract, you agree to be bound by these Terms. By using the Service, you affirm that you are capable of entering into these Terms. If you are an individual accessing or using the Service on behalf of an entity, then you are agreeing to these Terms on behalf of yourself and such entity, and you represent and warrant that you have full power and authority to enter into these Terms and bind that entity. References to "you" and "your" in these Terms will refer to both the individual using the Service and to any such entity.
- Changes. We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms on the Website. Your use of the Service following any changes to these Terms will constitute your acceptance of such changes. The "Last Updated" legend below indicates when these Terms were last changed.
- Information Submitted Through the Service. Please review our Privacy Notice (https://app.joincontinuum.com/privacy-notice), which also governs your use of and access to the Service, for information on how we collect, use and share your information.
- Jurisdictional Issues. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. If you are an individual, you represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
- Monitoring. We may, but have no obligation to, monitor, suspend or remove your access to or use of the Service at any time. We reserve the right, but are not obligated, to edit, remove or disable access to any content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. If you have a Platform account, you are responsible for keeping your account name and password confidential, and you will immediately notify us of any unauthorized access or use of your accounts.
- Our Proprietary Rights. We own all proprietary rights in the Service, our content therein and our products, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Our trade names, trademarks and service marks include our company name and any associated logos. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
- Copyright Policy. Continuum respects copyright law and expects its users to do the same. It is Continuum's policy to terminate, in appropriate circumstances and at our discretion, users who infringe the rights of copyright holders. Please see our Copyright Policy (https://app.joincontinuum.com/copyright-policy) for further information.
- Feedback. You may provide suggestions, comments, input or other feedback ("Feedback") regarding the Service. If you elect to provide us with any Feedback, then you grant us a perpetual, irrevocable, royalty-free, non-exclusive, worldwide, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback as we see fit. You understand that we may use any Feedback you provide to improve the Service or to develop new features, products and services.
- Acceptable Use and General Prohibitions. You agree not to do any of the following:
- Post, upload, publish, submit or transmit any content to the Platform or to a user, or otherwise use the Platform in a manner, that: (i) infringes, misappropriates or violates a third party's intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Use, display, mirror or frame the Platform or any individual element within the Platform, our name, our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express prior written consent;
- Access, tamper with, or use non-public areas of the Platform, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including, but not limited to, another user) to protect the Platform;
- Attempt to access or search the Platform or download content from the Platform using any engine, software, tool, agent, device or mechanism (e.g., spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing any of our trademarks, logo URLs or product names without our express written consent;
- Use the Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or other posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
- Links to Third Party Websites or Resources. The Service may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.
- Warranty Disclaimers. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
- Miscellaneous. These Terms are effective until terminated. Sections 2-11 will survive any expiration or termination of these Terms. These Terms are governed exclusively by the laws of Delaware, without regard to its principles of conflicts of law, and regardless of your location. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Notices to you (including notices of changes to these Terms) may be made via posting on the Website.
Last updated November 1, 2022