Updated September 26, 2024
Patriot Way Services, LLC d/b/a Orion Expert Network (“OEN”) provides the content on this Web site (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms without notice to you, so please check back from time to time. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms. By accessing and using this Site, you agree to and are bound by these Terms, conditions, policies and notices contained on this page and incorporated thereto, including our Privacy Policy (www.orionexpertnetwork.com/privacy-policy/) the Terms, including but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations.
OEN may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that OEN will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
We may update these Terms from time to time, and your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. If you do not agree with these Terms, you should immediately discontinue all use of this Site. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Additional terms may apply to certain features of the Site, and we will notify you of any additional terms prior to your use of any such features. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE DISPUTES IN AN EXCLUSIVE FORUM. THESE TERMS CONTAIN IMPORTANT REQUIREMENTS, RESTRICTIONS, CONDITIONS AND OTHER PROVISIONS THAT AFFECT YOUR RIGHTS. WE ENCOURAGE YOU TO READ THEM CAREFULLY.
- Description of Service
This Site provides a variety of resources and information for users to find, engage and manage expert networks (the “Services”). The Site does not provide medical, investment or legal advice, and no attorney-client relationship is created between users of the Services and OEN or its licensors.
- Confidentiality Agreement
You agree to not communicate, reveal, or disclose any “Confidential Information” of OEN or of Clients and agree to keep and maintain your participation as strictly confidential unless given express, written permission from OEN (which it may withhold in its sole discretion). “Confidential Information” includes any and all nonpublic information, in any form or medium, written, oral or otherwise, concerning or relating to OEN, 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 OEN or any Client. In the event that you are required to disclose Confidential Information under applicable law, you agree to promptly notify OEN and to fully cooperate with OEN 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 of Use. 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.
- Engagements
You must only participate in Engagements with our Clients where we have arranged or explicitly approved the engagement. You must not participate in any other consulting engagement with any of our Clients or any firms or other organizations that we have presented to you without our prior written consent in each instance. If a Client requests services outside of any such Engagement, you must notify us and receive explicit approval from us before commencing such services. 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 of Use.
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 if you are unable to complete the Engagement within the expected time frame.
- Intellectual Property Rights
Site Content and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to OEN, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Site Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of the respective owners.
- To Report A Concern About Content On The Site
If you believe that any content on the Site is in any way unlawful, defamatory, threatening, deceptive, misleading, subject to a confidentiality obligation, or constitutes material, non-public information, notify Orion Expert Network: 444 Broadway / Martignetti Center Suite B #1001 Saugus, MA 01906 or send an email to legal@orionexpertnetwork.com or call us at 617-528-0055.
- Copyright Policy
OEN prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to OEN at the address shown above, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. OEN will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
- Privacy Policy
You understand that your access to the site will result in the collection, use and storage of your information which is subject to our Privacy Policy. Through your access to the site you consent to the collection, use and storage of such information, which will be held in the United States and may be process and stored by other companies around the world. For an explanation of OEN’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy.
- Disclaimer of Warranties
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT OEN IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT OR THAT THE FUNCTIONALITY ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL OEN OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF OEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
- Indemnification
As a condition of your use of this Site, you agree to indemnify, defend and hold OEN, our officers, directors, employees, agents and representatives harmless from and against all claims, damages, losses, costs (including reasonable attorneys fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the Terms; (b) your use of the Site; or (c) your violation of the rights of any third party.
- Third-Party Web Sites
We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties. OEN does not endorse and has no responsibility for the availability or content of these third-party Web sites, which are governed by the Terms of Use and Privacy Policy, if any, of the applicable third-party content providers. OEN shall have no liability or responsibility, directly or indirectly, for any damage or loss caused or alleged to be caused by the use or reliance on any content, goods or services available on or through such site.
- Posting Expert Content
On certain areas of our Site, experts such as professors, scientists, law firm partners, consulting firm partners, business executives, authors, speakers, and others (“instructor/advisors”) may be able to submit videos, tutorials, classes, workshops, text, documents, files, images, photos, sounds, musical works, works of authorship, text postings, and other materials and content, as well as personal information about themselves, and work history and experiences (“Expert Content”). Posting of Expert Content is subject to these Terms, including the terms listed below, and any additional terms we may post from time to time on this Site. OEN may delete any Expert Content, for any reason.
You agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by OEN; that you will not post any content that violates the rights of privacy or publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You also will not access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission.
You further understand and agree that you have no ownership rights in any account you may have with us on the Site (your “Account”), or access to the Site or features therein. You further understand and agree that, with the exception of Expert Content, you have no ownership rights in materials or information provided to, or stored by OEN in connection with your Account. OEN may cancel your Account and delete all Expert Content associated with your Account at any time, and without notice, for any reason. OEN assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user Account.
- Representations
You represent and warrant that you own the Expert Content displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of your Expert Content, and that our use thereof pursuant to these Terms, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity. Additionally, by providing any Expert Content that contains the personal information of any other individuals, you certify that you have authority to provide such personal information, and have provided any required notice and obtained any required consent from any and all individuals to whom such information relates. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Expert Content displayed, published or posted by you to the Site. Except for your Expert Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Expert content appearing on this Site. You further agree and represent that you will not use the Site to upload, or otherwise transmit any advertising or other commercial materials without our permission in writing.
- Ownership Of Expert Content
After posting Expert Content to the Site, you continue to retain all ownership rights in such Expert Content, and you continue to have the right to use your Expert Content in any way you choose, subject to these Terms, and the license described herein. By displaying, publishing, or otherwise posting any Expert Content on or through the Site, you hereby grant to OEN a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free, perpetual license to use, modify, publicly perform, publicly display, reproduce, and distribute such Expert Content without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any Expert Content, as well as the right to sublicense or otherwise distribute Expert Content to third parties, including other users, for use on other platforms. You understand and acknowledge that this broad license gives OEN the right to use and make available to third parties Expert Content on this Site, or through other medium whether now or hereafter created, and whether operated by OEN or its licensees or business partners.
- No Confidentiality
The purpose of this Site is to facilitate consulting/expert witness engagements, advisory projects, speaking engagements, educational initiatives, and other types of engagements for experts. In order for OEN to assist you in obtaining such engagements, you understand that Expert Content will be shared with third parties, and as such, by posting Expert Content, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any tutorials, videos, educational materials, ideas, concepts, techniques, procedures, methods, systems, video, scripts, music, photographs, designs, plans, charts, or other materials you transmit to OEN may be used by OEN anywhere, anytime, and for any reason whatsoever.
- No Monitoring/ Violation Notices
OEN does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact us at legal@orionexpertnetwork.com.
- Instructor/ Advisor Referrals
You understand and acknowledge that OEN makes no representations or warranties that it will distribute your expert materials or otherwise assist you in finding a consulting or speaking opportunity. Your use of the Site, or creation of a user Account, does not create any obligation on OEN to distribute your information or assist you in finding any type of employment or consultant opportunity. These Terms govern your use of the Site and, should you be offered an opportunity, you will be required to execute additional agreements with OEN.
- Use of Expert Content
You understand and acknowledge that Expert Content is solely the responsibility of the submitting instructor/advisors, and that OEN is not responsible for the information, data, text or other materials that may appear in Expert Content. Opinions expressed in Expert Content do not necessarily reflect the opinions of OEN, and OEN does not endorse and has no control over Expert Content. Expert Content is not necessarily reviewed by OEN prior to posting and OEN makes no warranties, express or implied, as to the Expert Content or to the accuracy and reliability of the Expert Content. Use of Expert Content is subject to these Terms, as well as any additional terms and conditions that may apply in agreements you with OEN.
- Orion Expert Network Content
Content on this Site, including tutorials, videos, educational materials, art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Company Content”) is the property of OEN or its licensors (including Expert Content) and is protected in the U.S. and elsewhere internationally under trademark, copyright, and other intellectual property laws. Third-party content, including graphics, video clips, images, trademarks, trade names, characters, and trademarks and copyrights is the property of the third parties that market or license that content, and is used by OEN subject to license, or subject to the fair use provisions of U.S. copyright or trademark law or made permissible under other applicable law.
You agree not to download, display or use any Company Content, Expert Content, or third-party content located on the Site in any publications, in public performances, on websites other than this Site, for any commercial purpose (except as expressly authorized in writing by OEN), in connection with products or services that are not those of OEN, in any other manner that is likely to cause confusion among consumers, that disparages or discredits OEN and/or its licensors, that dilutes the strength of OEN’s or its licensor’s property, or that otherwise infringes OEN’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on this Site.
- General Terms
Governing Law; Jurisdiction: These Terms are governed by the laws of the Commonwealth of Massachusetts without reference to the principles of conflicts of laws thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Massachusetts, County of Middlesex with respect to all disputes arising out of or related to these Terms. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Complete Agreement: These Terms sets forth the entire understanding between you and OEN and supersedes all prior version of the Terms. In addition, you may also be subject to additional terms and conditions when you use or access other OEN or OEN affiliate services or content. If any provision of these Terms is declared void, or otherwise unenforceable, such provision shall be deemed to have been severed from these Terms which shall otherwise remain in full force and effect.