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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
  1. The users understand that the content on OutsourceHighway.com and all information compiled by OutsourceHighway.com through operation of the affiliate program is the proprietary property of EIC, llc. All the personal information provided by the members to OutsourceHighway.com shall be kept confidential and subject to the provisions of OutsourceHighway.com's Privacy Policy.
  2. Some of the content on this Website may represent users' Intellectual Property. Any act from any member of the general public infringing on the Intellectual Property of the Website users is strictly prohibited. For more, please refer our Copyright and Other Intellectual Property Rights Notice.
  3. The buyers and sellers of services are prohibited from negotiating the price of the project outside of the features provided by OutsourceHighway.com. For these purposes, both buyers and sellers are prohibited from disclosing their personal contact details (like email address, ICQ number, phone number, etc.) through any of the features on this Website, including but not limited to, the Project Description, Bid Details, Personal Message Board, Project Clarification Board etc. Once the buyer selects the winning bid, both the buyer and seller will be supplied with the email address of the other party by OutsourceHighway.com.
  4. The sellers of the services of this Website are expressly prohibited from posting hourly bids. All the bids must reflect the total cost of the project. If the bid details are ambiguous, ask for clarity from the buyer of the services through Project Clarification Board. Similarly, the buyers of the services are expressly prohibited from posting projects seeking hourly bids, except in case of Featured Project.
  5. Any attempt on the part of users of this Website to evade commission payable to OutsourceHighway.com, by whatever means, shall be treated as violation of this Agreement, and the infringing user's Account shall be suspended immediately pending the settlement of dispute.
  6. The users of this Website are expressly prohibited from indulging in spamming techniques. For instance, posting a URL in Bid Description or Message Board amounts to breach of this Agreement.
  7. The users of this Website are expressly prohibited from indulging in advertising their website through any of the features available on OutsourceHighway.com. However, the users are free to share with other users, the links pertaining to their online portfolio or online resume.
  8. The users of this Website are expressly prohibited from spreading technological nuisances, like viruses, Trojans, worms, or other programs intended to damage, destroy, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information on other Computer Systems.
  9. The users of this Website are also expressly prohibited from resorting to personal attacks, negative or unfair criticism or other forms of discourteous and unprofessional online conduct or practices. Further, any illegal act, including but not limited to, pornography in general, child pornography, defamation, profanity, etc. is strictly prohibited from being transmitted or propagated through any of the features provided on this Website. EIC, llc reserves the right to remove such content from OutsourceHighway.com at any time without notice.
  10. Once a User Account is suspended or terminated by OutsourceHighway.com for violation of any clause of this Agreement, such user is prohibited from opening a new account on OutsourceHighway.com. If it is found that a suspended or terminated user is operating through another account, he/she shall forfeit the balance of all his/her accounts, and all funds will be returned to the original buyer of services.
Payment Terms
  1. All payment transactions between buyers- OutsourceHighway.com- sellers will be made in US Dollars.
  2. The deposit and withdrawal of money to and from User Accounts on OutsourceHighway.com can be made via PayPal
  3. OutsourceHighway.com reserves the right to suspend a withdrawal request if the source of the funds is suspected, or proved, to be fraudulent. Any funds so received out of a fraudulent transaction will be reversed immediately.
  4. If any user is found to indulge in acts constituting violation of any of the provisions of this Agreement, he or she will not receive any credit or payment from OutsourceHighway.com.
  5. Any kind of financial disputes arising between the buyers and sellers is out of the purview of EIC, llc. The users are advised to deal with such disputes at their own level without involving OutsourceHighway.com in any kind of legal proceeding.
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
  1. The users are expected to maintain privacy and confidentiality about the combination of username and password they have registered with on this Website. OutsourceHighway.com is not liable for any unauthorized access of User's Account by anyone other than the registered user.
  2. The users are further expected to keep their account information and profile current and up-to-date. OutsourceHighway.com has no role to play in managing user’s account.
  3. All the Intellectual Property Rights issues pertaining to the deliverables between the buyer and seller of services, like transfer or licensing of Intellectual Property, have to be negotiated between the respective parties. OutsourceHighway.com does not arbitrate between the parties in case of a dispute.
  4. In case of any dispute regarding payment or project completion, the buyers and sellers of services will have to settle it among themselves without any involvement of OutsourceHighway.com in any kind of legal or arbitration proceedings.
  5. Some of the content on this Website pertain to feedback comments about the users from other users who have done business together through the features provided on OutsourceHighway.com. These comments reflect the personal opinions of the buyers and sellers of the service about each other. OutsourceHighway.com does not regulate such comments and ratings. Any buyer or seller of services relying on or ignoring these comments does so at his/her own risk.
  6. The user content (project postings or bid details publicly visible) may relate to diverse matters, the authenticity and accuracy of which is not guaranteed by OutsourceHighway.com. Users relying on such information do so at their own risk.
  7. The general content of this Website is informative in nature, and not in the advisory context.
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:

  1. Disclosure to government agencies in response to legal processes; or
  2. Any unlawful access to, and transmissions of, personal information from OutsourceHighway.com; or
  3. Disclosure of personal information by the user himself.

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) Notice

Notwithstanding 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 –

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description where the material that you claim is infringing is located on OutsourceHighway.com;
  4. Your complete postal address, telephone number, and email address;
  5. A written statement to the effect that you are acting in good faith belief that the disputed use of the work is not authorized by the copyright owner, his/her/its agent, or the law;
  6. A statement to the effect made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the copyright owner.

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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Use of this site constitutes acceptance of its TERMS AND CONDITIONS. All prices are in US Dollars. All times are GMT-5. Copyright - 2008, EIC, llc - All rights reserved.