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TERMS AND CONDITIONS USER AGREEMENT By using any of the services or features offered on outsourcehighway.com (hereinafter, referred to as "Website"), you agree to abide by the following clauses and provisions of this User Agreement (hereinafter, referred to as "Agreement"). This Website is owned and managed by EIC, llc. This Agreement is a legal document and in case of breach of any, some, or all clauses contained hereunder, EIC, llc reserves the right to take any action against the infringing user as per the relevant applicable law, including but not restricted to, suspension and possible termination of the User Account without notice, and withholding of payments due to such provider from the Website. Eligibility
This Website is meant for use only by the users who are eligible to enter into a valid contract under the applicable law. Minors are, therefore, not allowed to become members of this Website. EIC, llc reserves the right to accept or reject the application of the users desirous of becoming members of this Website. General Description of Services
OutsourceHighway.com offers a common platform for buyers and sellers of services interested in doing business. The buyers of services can post their requirements in the form of a project, and the sellers compete among themselves by bidding on the projects according to the project description. The buyers and sellers mutually decide among themselves about the price of the projects, and OutsourceHighway.com has no role to play in negotiating the price of the individual projects. License
The users are given a non-exclusive, non-transferable, and non-assignable license to use this Website under the clauses and provisions contained in this Agreement. The users expressly undertake not to copy, sell, trade, or otherwise commercially exploit the content and services offered by this Website. By submitting all kinds of content to OutsourceHighway.com, the users, hereby, grant to OutsourceHighway.com a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform such submitted content, under all user intellectual property and proprietary rights worldwide. For clarification purposes, providing links to the content hosted on servers other than that of OutsourceHighway.com (e.g., an online portfolio or online resume on a different website) would not be considered "submitting" such content for the purposes of this license grant. General Terms
Payment Terms
Escrow Feature
As soon as a buyer selects the service provider, he or she is expected to make an escrow payment to seller’s account. EIC, llc provides Escrow feature as a mere add-on to other services offered on this Website. EIC, llc does not act as an arbitrator should a dispute arises between buyer and seller of services regarding escrow deposit. We perform a limited role in controlling the money escrowed in the respective accounts of the users. However, under certain circumstances, EIC, llc reserves the right either to cancel or complete the escrow deposit. General Disclaimers
Third Party Content
The users may come across advertisements or links to the third-party websites or the websites of affiliates or partners on OutsourceHighway.com. The content on these linked sites is not managed or controlled by OutsourceHighway.com. Therefore, OutsourceHighway.com is NOT RESPONSIBLE for any transaction or dealing by the users with any of the linked third party website. All such cases shall be governed by the legal document and policies of the linked sites. Job Posting fee
The fee for posting a job is $40. This fee is waived until 30-june-2008.
Project Posting Fee
The fee for posting a regular project is $5. This fee is waived until 30-june-2008.
Featured Project Fees
The fee for posting a featured project is $20 in addition to the fee for regular projects.There are no additional fees on featured projects.
Fees on Projects Awarded.
Once a regular project is awarded by a Buyer to a Provider, both Buyer and Provider pay a flat project acceptance fee of $5 each.
ALL FEES, RATES AND COMMISSIONS ARE SUBJECT TO CHANGES WITHOUT NOTICE.
Indemnity Every user agrees to indemnify and hold theiste.com and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the content you submit, post, transmit or make available through OutsourceHighway.com, your use of OutsourceHighway.com, your violation of this Agreement, your violation of any rights of any other person, or any other loss suffered by OutsourceHighway.com on account of your direct or indirect conduct. Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL OUTSOURCEHIGHWAY.COM BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF OUTSOURCEHIGHWAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUTSOURCEHIGHWAY.COM'S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USERS TO OUTSOURCEHIGHWAY.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. Waiver
OutsourceHighway.com's failure to enforce any right or to act with respect to any breach by a user of any clause or clauses of this Agreement shall not be construed as waiver of that right nor waives the Website's right to act with respect to subsequent or similar breaches. Severance
If any provision contained herein is held to be invalid or unenforceable by a competent legal authority, such provision shall be struck off and the remaining provisions remain enforceable. Jurisdiction
All the disputes arising out of or related to this Agreement, or the members' relationship with OutsourceHighway.com shall be subject to the laws and courts of the State of Maryland in particular, and the laws and courts of United States of America in general. Modifications and Updates
This User Agreement is subject to periodic changes, updates, modifications, additions, deletions, and revisions. We encourage all the users of this Website to check out this Agreement from time to time, and keep themselves abreast of any modification. Last Updated on: 28-may-2008
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PRIVACY POLICY
EIC, llc gives maximum priority to the privacy of the users of this Website (OutsourceHighway.com). To formalize our commitment, we have devised this comprehensive Privacy Policy, the provisions of which reflect our zeal to preserve and uphold the privacy of the users of this Website. The provisions contained hereunder inform the users about the manner in which we collect, use, protect, and, sometimes, disclose their personal and non-personal information. By using any of the features of this Website, the users acknowledge that they have understood and agree to be bound by the provisions of this Policy. Changes & Updates EIC, llc reserves the right to make changes to this Privacy Policy anytime. Any substantial changes or modifications to this policy will be notified to the registered users. However, we strongly recommend that the users should periodically check this page for latest updates and modifications to Privacy Policy. Privacy Policy last updated on 18-may-2008. Information Collection and Usage Only that much information is collected from the users as is required in order to provide efficient, timely, reliable, and satisfactory services. When the users fill out the registration form, we collect only essential information pertaining to the personal details of the registering members. These details include user's profile, preferred username, email address, full name, postal address, and contact details, like telephone number, fax, etc. This personal information is used to contact the users regarding their registration, informing about the project(s) that match their profile, or any other matter that we consider relevant to their use of this Website. These matters include, but are not limited to, resolving disputes, providing customer support, troubleshooting the problems, and enforcing our User Agreement and other policies regarding the use of this Website. We also collect certain non-personally identifiable information from the users visiting or using any feature of this Website. This non-personally identifiable information includes user's IP Address, browser-type, operating system installed on the computer, or ISP's IP Address. This non-personal information is mostly used to enhance users' Internet experience, particularly the browsing experience of this Website. We do not sell, rent or otherwise trade in any kind of personal or non-personal information of the users so collected by our Systems, except for marketing purposes and that too after express consent of the users. However, the users are free to deny their consent of such usage anytime by logging in their account and changing the personal preferences. Cookies We use ONLY innocuous cookies to enhance your browsing experience with us. This Website uses cookies to save your login and password so you don’t have to re-enter it each time you visit different pages on our site. By signing out of your account, all the cookies deposited by this Website on your computer System will be cleared Information Shared with other Users of this Website The details pertaining to Personal Profile (name, business name, area of expertise, etc.) will be shared with the users of this Website so that they can make an informed opinion whether to deal with you or not. Your feedback and comments by other users will also be shared with the users of this Website. Disclaimers as to Disclosure EIC, llc cannot be held responsible for the disclosure of users' personal or non-personal information under any, some, or all of the following circumstances:
External Links This Website may contain links to third party websites. We are not responsible for, neither do we control or monitor, the privacy practices of such websites. If the users visit these websites through OutsourceHighway.com, such visit or usage of these third party websites is subject to the Terms and Conditions and Privacy Policies of those websites. Security
All the personal information, including that collected for payment purposes, is stored and preserved on third party servers, which are subject to the strictest safety codes as prevalent in the industry. We employ maximum possible human and technological security measures at multiple levels in order to preserve your personal as well as financial information. We have tried to address all the privacy concerns of the users of this Website through this Policy. However, should you feel the need to clarify any of the provisions of this policy or need added information, you can contact us. We’ll respond to all the queries as promptly and appropriately as we can.
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Copyright and Other Intellectual Property Rights Notice
EIC, llc respects and upholds the Intellectual Property Rights, including but not limited to, copyright, trademarks and patents, of the Rights holders. We also encourage all the users of this Website - members or non-members - to extend due respect to the Intellectual Property Rights of the Rights’ holders. Any material infringing on any of the Intellectual Property Rights of any other person is strictly prohibited from being posted on this Website (OutsourceHighway.com). Any user found compromising on this Copyright and Other Intellectual Property Rights Notice shall be dealt with strictly, and liable for termination of his/her/its User Account on this Website. The infringing member shall be first served with a notice upon finding out of the illegal act. If he or she or it fails to act on that notice within the specified time or repeats the offence, it will result in the immediate termination of that user’s Account. Digital Millennium Copyright Act (DMCA) NoticeNotwithstanding the foregoing provisions, if any member of the public or user of this Website believes that his or her Copyrights are being infringed on OutsourceHighway.com, please feel free to contact us with the following information, consistent with the Digital Millennium Copyright Act (DMCA) 1998. It will be our endeavor to redress the complaint promptly and effectively –
Our Copyright Agent authorized to receive all notices of claims of copyright infringement can be reached at: Copyright Agent, EIC, llc, Email: info@outsourcehighway.com After receiving and verifying the complaint, we will immediately withdraw the impugned content from the Website. The next step is to contact the infringing party to seek his/her/its views and affording him/her/it the right to file counter-complaint. If the infringing party sends us the abovementioned particulars along with his/her/its intention to file counter-complaint, then you are free to take legal recourse according to the provisions of the prevalent law of the land. As a part of our Privacy Policy, we do not allow the disclosure of personal details of the infringing party to the dispute, unless directed so by competent legal authorities. |
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