Terms of Service

Effective date: April 4, 2025

1. Acceptance of Terms

By accessing or using Fractional IT Leaders (the “Site,” “Service,” or “Platform”) at https://fractionalitleaders.com, you agree to be bound by these Terms of Service (“Terms”) and all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. These Terms apply to all visitors, users, registered account holders, and listed providers.

We reserve the right to modify these Terms at any time. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. We will update the effective date at the top of this page when changes are made.

2. Description of Service

Fractional IT Leaders is an online directory and referral marketplace that connects organizations seeking fractional or interim IT executive talent (“Buyers”) with independent technology professionals and firms (“Providers”). The Platform allows Providers to create and manage listing profiles, and allows Buyers to browse listings, submit referral inquiries, and get matched with Providers.

Fractional IT Leaders is a directory and referral service only. We do not employ, represent, endorse, supervise, or control any Provider listed on the Platform. We do not participate in any engagement, contract, or transaction between Buyers and Providers.

3. Accounts and Eligibility

To create or claim a listing, you must register for an account. You represent that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized use of your account.

We reserve the right to refuse registration, suspend, or terminate accounts at our sole discretion, without notice or liability.

4. Provider Listings

Providers who create or claim listings agree that:

  • All information submitted is accurate, current, and not misleading;
  • They have the right to use all content, logos, and materials submitted;
  • Listings are subject to admin review and approval before going live;
  • Edits to approved listings are staged for admin review before becoming visible;
  • Deletion requests are subject to admin approval before the listing is permanently removed;
  • We may remove or suspend any listing at our sole discretion without notice or liability.

We do not guarantee that a listing will be approved, indexed by search engines, or result in any business inquiries or revenue.

5. No Endorsement; Independent Contractors

Listing a Provider on the Platform does not constitute an endorsement, recommendation, certification, or verification of the Provider’s qualifications, credentials, work quality, background, or suitability for any particular engagement. Buyers are solely responsible for independently verifying the credentials, experience, and suitability of any Provider before entering into any agreement.

Providers are independent contractors and are not employees, agents, partners, or representatives of Fractional IT Leaders. Fractional IT Leaders has no control over and accepts no responsibility for the services delivered by Providers, or any work product, advice, or outcome resulting from a Buyer-Provider engagement.

6. User-Submitted Content

By submitting any content to the Platform (including listing information, reviews, case studies, or inquiries), you grant Fractional IT Leaders a non-exclusive, royalty-free, worldwide, perpetual license to use, display, reproduce, and distribute that content in connection with operating and promoting the Service.

You represent that you own or have the necessary rights to submit any content, and that your content does not infringe any third-party rights, violate any law, or contain false or misleading information. We reserve the right to remove any content at our discretion without notice.

7. Prohibited Conduct

You agree not to:

  • Submit false, misleading, or fraudulent information;
  • Impersonate any person or entity;
  • Scrape, harvest, or systematically extract data from the Platform without written permission;
  • Use the Platform to send unsolicited communications or spam;
  • Interfere with or disrupt the security or integrity of the Platform;
  • Use the Platform for any unlawful purpose or in violation of any applicable law;
  • Attempt to gain unauthorized access to any part of the Platform or its infrastructure.

8. Fees and Subscriptions

Certain features of the Platform require a paid subscription. By subscribing to a paid tier, you authorize us to charge your payment method on a recurring basis in accordance with the plan selected. All fees are stated in U.S. dollars and are non-refundable except as required by applicable law or expressly stated in writing.

We reserve the right to change pricing at any time. We will provide reasonable advance notice of material price changes. Your continued use of a paid subscription after a price change takes effect constitutes your acceptance of the new pricing.

9. Intellectual Property

All content, design, graphics, logos, trademarks, and software on the Platform that are not user-submitted are the exclusive property of Fractional IT Leaders and are protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our prior written consent.

10. Third-Party Links and Services

The Platform may contain links to third-party websites or integrate third-party services (including payment processors, email providers, and analytics tools). These third parties operate under their own terms and privacy policies. Fractional IT Leaders does not control, endorse, or assume responsibility for any third-party content, products, or services. Access to third-party sites is at your own risk.

11. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, SERVICES, AND FEATURES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRACTIONAL IT LEADERS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
  • WARRANTIES THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
  • WARRANTIES AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS, OR QUALITY OF ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE PLATFORM;
  • WARRANTIES REGARDING THE QUALIFICATIONS, CREDENTIALS, BACKGROUND, OR SUITABILITY OF ANY PROVIDER LISTED ON THE PLATFORM;
  • WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.

No advice or information, whether oral or written, obtained by you from Fractional IT Leaders or through the Platform shall create any warranty not expressly stated in these Terms.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRACTIONAL IT LEADERS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
  • LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS;
  • DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM;
  • DAMAGES ARISING FROM ANY TRANSACTION OR RELATIONSHIP BETWEEN A BUYER AND PROVIDER, INCLUDING ANY SERVICES PERFORMED, ADVICE GIVEN, OR OUTCOMES RESULTING FROM SUCH ENGAGEMENTS;
  • DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  • DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM.

IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to defend, indemnify, and hold harmless Fractional IT Leaders, its owners, officers, directors, employees, agents, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Platform; (c) any content you submit to the Platform; (d) your violation of any third-party right, including intellectual property rights; or (e) any engagement or transaction between you and another user.

14. Dispute Resolution and Arbitration

Informal Resolution. Before initiating any formal proceeding, you agree to first contact us at legal@fractionalitleaders.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by JAMS under its applicable rules, rather than in court, except that either party may seek injunctive relief in court for intellectual property infringement.

Class Action Waiver. YOU AND FRACTIONAL IT LEADERS EACH WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Governing Law. These Terms and any disputes shall be governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles.

15. Termination

We may suspend or terminate your access to all or part of the Platform at any time, with or without cause, and with or without notice, without liability. Upon termination, all licenses granted to you under these Terms will immediately cease. Sections 5, 11, 12, 13, and 14 shall survive termination.

16. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fractional IT Leaders with respect to the Platform and supersede all prior agreements.

17. Takedown and Dispute Process

If you believe that a listing on the Platform contains inaccurate or misleading information, infringes your intellectual property rights, impersonates your business, violates your privacy, or otherwise violates these Terms, you may submit a takedown or dispute request. Our full process — including required information, review timelines, provider counter-dispute rights, and appeals — is described in our Takedown & Dispute Policy.

To submit a report, email disputes@fractionalitleaders.com with subject line “Takedown Request” or “Dispute” and include the listing URL, the grounds for your report, and supporting evidence. Incomplete reports cannot be processed. Submitting a false or bad-faith report may result in account suspension and legal liability.

Listed providers who receive a takedown notice have the right to submit a counter-dispute within 10 business days. We will review all counter-disputes and notify both parties of our determination. See the Takedown & Dispute Policy for full details.

18. Contact

For questions about these Terms, please contact us at: legal@fractionalitleaders.com