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FrontCore Terms of Service

Last updated: 07.12.2017

1   Acceptance of terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE REGISTERING FOR, ACCESSING, USING, BROWSING OR SUBMITTING AN ORDER FOR ANY SERVICES (“SERVICES” AS DEFINED IN SECTION 2.2) PROVIDED BY FRONTCORE.

by REGISTERING FOR, accessing, using, BROWSING OR SUBMITTING AN ORDER FOR ANY PART OF the ServiceS or Site (as defined in section 2.2), you acknowledge that you ACCEPT and agree to be bound by these Terms of Service. If you are not a registered user or an unregistered Attendee (AS DEFINED IN SECTION 2.3), you agree to these Terms of Service by using, accessing or browsing any part of the Services. If you will access or use the services on behalf of a company or other legal entity, you represent that you have the authority to bind THAT entity and its affiliates to these Terms of Service, in which case the terms “You” or “Your” shall refer to THAT entity and its affiliates. If you do not have such authority, or if you do not agree with any part of these Terms of Service, You must not accept these Terms of Service and may not access or use the Services.

FrontCore (referred to here as “FrontCore”, “us”, “we”, “Provider”) provides its Service (as defined in section 2.2) to Users (as defined in section 2.3) through FrontCore’s websites and domains, including, but not limited to www.frontcore.com, www.kursguiden.no  and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, the “Site” as defined in section 2.2), subject to this Terms of Service agreement.

FrontCore may translate these Terms of Service (or any agreements that are incorporated into these Terms of Service) into other languages. The English language version is the master version that governs your use of the service, and in the event of a conflict between the English language version and a different language version, the English version will prevail.

2.   FrontCore, Services and Users

2.1  FrontCore

Welcome to FrontCore! We are a course and training management solution dedicated to bringing learning effectively to people around the world. Our mission is to facilitate personal and professional growth for everyone that crosses our path. Through our solution we enable organizers to plan, create, promote and manage events like training, courses, seminars, and conferences, and we enable potential attendees to search for, identify, sign up for, and share such events.

2.2  Description of Services

Our services mean all services provided by FrontCore. FrontCore’s websites and domains, including, but not limited to www.frontcore.comwww.kursguiden.no and all of the webpages, subdomains, country level domains, and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by FrontCore, including, but not limited to advertising services, event management features, email services, booking module, online booking solutions integrated on Organizers’ webpages, as well as our application programming interfaces (APIs), are offered, maintained and provided by FrontCore. We refer to all of these as our “Services.”

2.3  Users

Through our Services, FrontCore provides a solution for all registered users (“Organizers”) who host courses, training, seminars, conferences, breakfast seminars, and other such events (“Events”) to create, promote, manage training events and provide webpages and booking forms for visitors and browsers of the Services, and to register bookings and take payments from users who want to attend these Events (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users”.

3    Agreements incorporated into these Terms of Service

The Terms of Service applies to and governs all of our Services, and your acceptance is required without reservation and modification to any part of the Terms of Service. In addition to the terms and conditions specified in the sections below, the Terms and Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:

  • FrontCore Terms of Use, which you will find here
  • FrontCore Privacy Policy, which you will find here

4    Subcontracting

You acknowledge and agree that FrontCore may subcontract any of its obligations under this Agreement, providing that we give you, promptly following the appointment of a subcontractor, a written notice specifying the subcontracted obligations and identifying the subcontractor in question. Notwithstanding any other provision of these Terms of Service you acknowledge and agree that FrontCore may subcontract to any reputable third party hosting business the hosting of the Services and the provision of services in relation to the support and maintenance of elements of the Services.

5    Integration with Third Party Services

The Hosted Services are integrated with those Third Party Services identified as at the Effective Date. FrontCore may integrate additional Third Party Services with the Hosted Services at any time.

FrontCore may remove, suspend or limit any Third Party Services integration at any time in its sole discretion. The supply of Third Party Services shall be under a separate contract or arrangement between the Customer and the relevant third party. The Provider does not contract to supply the Third Party Services and is not a party to any contract for, or otherwise responsible in respect of, the provision of any Third Party Services. Fees may be payable by the Customer to the relevant third party in respect of the use of Third Party Services.

The Organizer acknowledges that:

  1. the integration of Third Party Services may entail the transfer of Attendee information from the Hosted Services to the relevant Third Party Services; and
  2. FrontCore has no control over, or responsibility in respect of, any disclosure, modification, deletion or other use of Customer Data resulting from any integration with any Third Party Services.

6    Term

6.1  Duration

These Terms of Service come into effect as of the date the Organizer subscribes to any Service (the “Subscription Commencement Date”), shall run for a term of three (3) years starting on the Subscription Commencement Date (the “Initial Term”) and shall automatically renew for successive terms of three (3) years unless either party gives written notice of termination to the other party at least ninety (60) days in advance of a renewal date (the Initial Term and any renewal periods are collectively, the “Term”).

6.2  Termination

FrontCore may terminate your right to use the Services, at any time, at our sole discretion: (1) upon any breach by You of these Terms of Service; or (2) your misuse or abuse of the Services (3) if allowing you to access and use the Services would violate any applicable laws, rules and regulations or would expose FrontCore to legal liability (4) at any time during any Trial/Free Subscription, for any reason or no reason, upon notice to You.  Without limiting FrontCore’s right to terminate this Agreement, FrontCore may also immediately and indefinitely suspend Your access to the Sites or Services, with or without notice to You, upon any actual, threatened or suspected breach of these Terms of Service or of applicable law or upon any other conduct deemed inappropriate or detrimental to the Services by FrontCore

6.3  Survival

All parts of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, but without limitation, disclaimers of warranties, price and payment terms, releases, proprietary rights, confidentiality, indemnification, limitations of liability, governing law, waiver of breach).

7    Indemnification

You will indemnify, defend and hold FrontCore, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, and agents harmless from and against any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claims, suits, threats, demands, settlements, and actions, causes of action, liabilities, and obligations (each a “Claim”) arising from, incurred as a result of, or in any manner related to (1) Your breach of these Terms of Service; (2) Your unauthorized, unlawful, fraudulent, or improper use of the Services, Sites and/or the Content; (3) the unauthorized, unlawful, fraudulent, or improper use of the Services, Sites and/or Content by any person through Your username; or (4) in the case of Organizers, your events or the fact that FrontCore was providing Services with respect to those events. In the case of (4), this indemnification shall not apply if the Claim arises out of gross negligence or wilful misconduct on the part of FrontCore.

 

8    Disclaimer of Warranties

Regardless of which Services the Organizer has purchased, FrontCore does not guarantee, unless otherwise specified in writing, any given number of Users, enquiries, entries of data, entries or transfer of personal information or other information, communication, impressions or other form of measurable traffic to Organizer’s pages, nor any amount of open rates, click rates, or response rates for direct email marketing. FrontCore reserves the right to delay an order if the Organizer does not provide the proper materials with correct formatting and information.

FrontCore will use its commercially reasonable efforts to make its Services, including but not limited to its databases, enquiry forms, scripts of any kind, all features, communication tools, management tools, statistic overviews, customization tools, support services, websites, including the User Websites and the subscription members’ portal (the “Portal,” and together with the User Websites, the “Sites”), fully operable, functional and available for use and, if part of the Services, available through the internet. However, technical problems such as temporary non-availability of individual parts of the Services or the short-term unavailability of all Services itself must be expected and shall not constitute breach of these Terms of Service. FrontCore is not responsible for periodic downtime, any loss or destruction of data or information, temporary loss of operability or functionality or items beyond FrontCore’s control, which is a normal part of Internet business. Access to parts or all of the Services may be restricted from time to time to allow for repairs, maintenance or updating. FrontCore is not responsible for any lack of functionality that is due to Organizer’s equipment (including device, internet connection, operating system or settings and software). FrontCore reserves the right to change features and content offered under the Services on an ongoing basis.

FrontCore will not place links to the Organizer’s website or website content in newsgroups, message boards, unsolicited email, and other types of spam.

THE SERVICES, INCLUDING THEIR FUNCTIONALITY, SCRIPTS, FEATURES, SITES AND ANY CONTENT PROVIDED AT OR THROUGH THE SERVICES OR SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS, OPERABILITY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL FRONTCORE, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO ORGANIZER OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT,  INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE  DAMAGES  (INCLUDING,  WITHOUT LIMITATION, DAMAGES  FOR LOSS OF PROFITS, BUSINESS  INTERRUPTION, LOSS OF DATA, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) ORGANIZER’S OR ANY OTHER USER’S USE OF OR INABILITY TO USE THE SERVICES AND/OR SITES; (2) ORGANIZER’S OR ANY OTHER USER’S RELIANCE ON THE SERVICES, SITES, AND/OR CONTENT; (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR DISCLOSURES; (4) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION CONTAINED WITHIN THE SITES; OR (5) ANY OTHER FAILURE TO PERFORM BY FRONTCORE OR FRONTCORE’S CONTENT PROVIDERS, VENDORS, OR ORGANIZATIONS WITH WHICH FRONTCORE CONDUCTS BUSINESS.  THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER FRONTCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU ACKNOWLEDGE THAT FRONTCORE HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE ACCURACY, QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING ATTENDEES’, OTHER NON-REGISTERED USERS AND ORGANIZERS’) SUBMITTED CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING ATTENDEES AND ORGANIZERS) TO PERFORM OR COMPLETE A TRANSACTION.  FRONTCORE IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH ANY THIRD PARTY SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO THIRD PARTY VENDORS INTEGRATED TO THE SERVICES THROUGH API’S, USED IN CONJUNCTION WITH THE SERVICES, AND FRONTCORE HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.

9    Releases

FRONTCORE PROVIDE SERVICES AND A MARKETPLACE THROUGH WHICH ORGANIZERS AND ATTENDEES CAN TRANSACT WITH EACH OTHER. FRONTCORE CAN, HOWEVER, NOT BE HELD RESPONSIBLE FOR THE ACTIONS OF ATTENDEES, ORGANIZERS, OTHER USERS AND/OR THIRD PARTIES USING THE SERVICES.

TO ACCESS AND USE THE SERVICES YOU HEREBY ACCEPT THAT FRONTCORE IS NOT RESPONSIBLE FOR THE ACTIONS OR MATERIALS OF THIRD PARTIES OR USERS, AND YOU RELEASES FRONTCORE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIMS YOU HAVE OR MAY HAVE AGAINST ANY SUCH THIRD PARTIES OR USERS. FRONTCORE ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES, OR YOUR OR ANY OTHER USER’S ACCESS TO AND USE OF THE SERVICES, SITES OR CONTENT WILL (1) BE UNINTERRUPTED OR ERROR-FREE; (2) BE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) BE SECURE; OR (4) MEET YOUR OR SUCH USER’S EXPECTATION OR SATISFACTION. YOU AGREE THAT ANY USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVES ARE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SERVICES AND/OR SITES.

10   Limitation of liability

IF, NOTWITHSTANDING THE OTHER TERMS OF THESE TERMS OF SERVICE,  FRONTCORE SHOULD HAVE ANY LIABILITY TO ORGANIZER OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, HARM OR DAMAGE, ORGANIZER AGREES THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNTS PAID BY ORGANIZER TO FRONTCORE IN THE THREE (3) MONTHS PRIOR TO THE INITIATION OF THE CLAIM. ORGANIZER AND FRONTCORE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN ORGANIZER AND FRONTCORE. ORGANIZER ACKNOWLEDGES THAT ABSENT ORGANIZER’S AGREEMENT TO THIS LIMITATION OF LIABILITY, FRONTCORE WOULD NOT PROVIDE ACCESS TO THE SERVICES, SITE AND/OR CONTENT TO ORGANIZER. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILIT Y FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ORGANIZER. IN SUCH CASES, FRONTCORE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11   Proprietary rights

All rights, including without limitation intellectual property rights, wherever in the world, registerable or unregisterable, registered or unregistered, including any application or right of application for such rights  (including without limitation copyrights and related rights, database rights, trademarks, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, and rights in designs) and other proprietary rights, in the content on the Sites (including without limitation text, scripts, design, functionality, features, related documentation, end-user interfaces, captions, articles, information, images, photos, and other Services, information, services and materials) or any other materials provided by FrontCore (collectively, the “Content”) are the property of FrontCore or their respective holders unless indicated otherwise. FrontCore retains all rights in the individual pages and their components, and collective works available on the Sites. The Content is protected by state, federal, international and worldwide intellectual property laws and treaty provisions, and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, except as otherwise agreed by FrontCore in writing. The Sites and the logos and names displayed on or otherwise associated with the Sites are trademarks and the property of FrontCore. All other names and trademarks on the Sites are the property of their respective holders.  Organizer shall not modify, license, publish, participate in the licensing or sale of, create derivative works of, or in any way exploit any of the Content or other property interests of FrontCore, in whole or in part, unless expressly authorized in writing to do so by FrontCore.

12   Confidentiality

FrontCore must:

  1. keep any confidential information that we might get from the Organizer strictly confidential;
  2. not disclose the confidential information to any person without the Organizer’s prior written consent, and then only under conditions of confidentiality approved in writing by the Organizer;
  3. use the same degree of care to protect the confidentiality of the confidential information as we use to protect the our own confidential information of a similar nature, being at least a reasonable degree of care;
  4. act in good faith at all times in relation to the Organizer’s confidential information

Organizer will have access to certain confidential and proprietary information of FrontCore, including, without limitation, pricing, systems, software, documentation, and other materials related to the Services (collectively, the “Confidential Information”).  The Confidential Information shall exclude information that:

The Organizer must:

  1. keep the Confidential Information strictly confidential;
  2. not disclose the Confidential Information to any person without the FrontCore’s prior written consent, and then only under conditions of confidentiality approved in writing by the Provider
  3. use the same degree of care to protect the confidentiality of the Confidential Information as the Organizer uses to protect the Organizer’s own confidential information of a similar nature, being at least a reasonable degree of care;
  4. act in good faith at all times in relation to the Confidential Information; and

Notwithstanding this, a party’s Confidential Information may be disclosed by the other party to that other party’s officers, employees, professional advisers, and subcontractors who have a need to access the Confidential Information that is disclosed for the performance of their work with respect to this Agreement and who are bound by a written agreement or professional obligation to protect the confidentiality of the Confidential Information that is disclosed.

No obligations are imposed by this Clause with respect to a party’s Confidential Information if that Confidential Information:

  1. is known to the other party before disclosure under this Agreement and is not subject to any other obligation of confidentiality;
  2. is or becomes publicly known through no act or default of the other party; or
  3. is obtained by the other party from a third party in circumstances where the other party has no reason to believe that there has been a breach of an obligation of confidentiality.

The restrictions in this Clause do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request, or pursuant to disclosure requirements relating to the listing of the stock of either party on any recognized stock exchange.

Upon the termination of this Agreement, each party must immediately cease to use the other party’s Confidential Information. The provisions of this Clause shall continue in force following the termination of this Agreement

13   Entire agreement

These Terms of Service contain the entire agreement between Organizer and FrontCore relating to the subject matter hereof, and supersede any other oral or written communications relating thereto, except for any written exceptions from or amendments to these Terms of Service that have been expressly and clearly stated in writing in the “Special arrangements” section of the Order Confirmation upon order and clearly accepted by FrontCore in writing.

14    Assignment

FrontCore may assign these Terms, in whole or in part, in its sole discretion. In the event of a reorganization, merger, or sale FrontCore may transfer, or sub-contract or sub-license, any and all of its rights and obligations, including but not limited to personal information and other information we collect, to another legal entity, provided your legal rights are not prejudiced. Organizer may not transfer Organizer’s rights or obligations under these Terms without FrontCore’s prior written permission. Any attempt by Organizer to transfer Organizer’s rights or obligations under these Terms shall be null and void.

15    Waiver of breach

Any failure to enforce any term or provision of these Terms shall not be deemed a waiver of that or any other breach of that or any other term or provision of these Terms. In addition, any failure to enforce any term or provision of these Terms shall not constitute a waiver of a future breach of that or any other term or provision of these Terms.

16    Force majeure

FrontCore shall not be liable for any failure or unavailability of the Services, Sites and/or Content as a result of an event, or a series of related events, that is outside the reasonable control of FrontCore, including, but not limited to failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, strikes disasters, explosions, fires, floods, riots, lockouts, calamities, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond FrontCore’s control.

17    Headings

The headings of articles and sections contained in these Terms of Service are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms of Service.

18    Invalidity

To the extent that any portion of these Terms of Service is held to be invalid or unenforceable, it shall be construed to meet the mutual intent of the parties as closely as possible. All remaining provisions and/or portions thereof shall remain in full force and effect.

19    Updates

FrontCore reserves the right to update these Terms of Service at any time by reasonable notice. Updates will be posted to the FrontCore website with an «Updated” date at the top of these Terms of Service. At our discretion, FrontCore may in certain circumstances provide you with additional notice of updates through e-mail or through in-Service notifications. Organizer’s continued use of the Services following changes means that Organizer accepts and agrees to the changes.

20    Governing Law; Waiver of Jury Trial

These Terms of Service shall be governed and interpreted under the laws of Norway, and any and all disputes and legal actions hereto shall be in the courts of Norway, municipality of Bærum. EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OF SERVICE.

21    Notice

Organizer agrees that, where FrontCore is required to provide Organizer with notice under these Terms, acceptable and sufficient forms of notice include, but are not limited to, the following:

  1. e-mail to the most recent e-mail address that Organizer has provided to FrontCore, regardless of the current status of that e-mail address;
  2. written communication delivered by first class mail to the most recent physical address that Organizer has provided to FrontCore, regardless of the current status of that physical address; or
  3. such other method of communication as Organizer specifically requests in writing that FrontCore use.

FrontCore shall have sole discretion to select which of the above methods of notice that it shall use, and shall not be required to use more than one of these methods to provide notice.

Organizer accepts sole responsibility for providing FrontCore with notice of changes to Organizer’s physical address and/or e-mail address.

Organizer may give notice to FrontCore at any time by completing the form located at http://www.FrontCore.com or by letter delivered by first class postage prepaid mail or overnight courier to the following address: FrontCore, Rolfsbuktveien 4D, 1364 Fornebu, Norway.

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