It is important for anyone using eDelegate.com to read the following terms and conditions. The terms "you", "your", "user", "users", “customers”, or “clients” refer to anyone using our services or Web site for any reason. The terms "we", "us", or "our" refer to eDelegate.com. eDelegate may alter or modify these terms and conditions without notice, effective immediately, by updating this posting. By using eDelegate.com you agree to the terms, conditions, and notices described on this page.
PRIVACY POLICY
Please see our Privacy Policy for information regarding the use of users’ information.
ELIGIBILITY FOR MEMBERSHIP
eDelegate’s web site is available to individuals who can form legally binding contracts under applicable law. If you do not qualify, please do not use any of our services including, but not limited to those that require your ability to form legally binding contracts.
DESCRIPTION OF SERVICES
eDelegate offers a wide range of tools, benefits, contents, products, services, and other resources of particular interest to freelancers and to enable freelancers to accurately and profitably manage their careers. These services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. No person has the right to copy, sell, or exploit in any way and for any commercial purpose the services and content in whole and/or in part from this Web site. Some services eDelegate offers on its Web site may include comments and suggestions from our users of our service and/or articles with original content and opinions. Your use of this content or links to this content is at your own risk. You understand and agree to the following:
Some of the content provided may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content is provided in an advisory fashion. This information is provided solely for informational purposes. You should use your own efforts to confirm such information with a professional in the related field.
The information on eDelegate will be changed only when it is necessary. There may be some information considered offensive to some people, harmful, or inaccurate, and in some instances it may appear mislabeled or deceptively labeled accidentally by us.
Under no circumstance is eDelegate responsible for, control, verify, or validate the content that you receive. We expect that all users will use and will agree to use precaution and common sense when accessing our Web site and their account.
YOUR CONTENT
You are entirely accountable for content or any other information that you release to eDelegate. You understand and agree to the following: eDelegate is solely available for the online distribution of your content. This does not mean that we allocate warranties to the actual distribution or publication of your content.
eDelegate has the right, but no obligation, to take necessary action we consider appropriate with respect to your content if it causes liability for us, damage or abuse our business, or causes us to lose the services of our suppliers.
You represent and warrant that your content: (a) will not infringe or misappropriate any copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about you or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
By submitting your content to eDelegate (including, but not limited to creating your account; posting a resume without a contact information, posting a profile, posting a portfolio, posting a project; sending messages through eDelegate.com; sending us emails or other feedbacks), you hereby grant to us a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform your content, under all your intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than our own (such as a portfolio of sample works hosted on your own web site) will not be considered "submitting" such content for purposes of this license grant.
USER RESTRICTIONS
If you are a Service buyer, you agree that: You will not redistribute any of the content on eDelegate You will not use your account to post false or misleading project descriptions You will not post project descriptions that are inappropriate to our audience in our sole discretion
By use of this site you agree that:
* You will not redistribute any of the content on eDelegate
* You will not falsify your identity
* You will comply with all eDelegate’s policies
* You will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the eDelegate web site or the content contained therein without our prior written permission
* You will not distribute unsolicited commercial messages ("spam") through your account
* You will not contact employers or freelancers through our site or through information gained from our site with the intent of subverting them from using our services You will not engage in personal attacks or other forms of discourteous and unprofessional online conduct.
REFUND POLICY/ LIMITATIONS ON PAID SERVICES
Users may cancel their profile account any time by sending e-mail to our support department.
We do not have a business relationship with any of the companies or individuals that may use this site to search for freelancers or employees. We only provide services that may increase the chance that you may be seen by a potential service buyer. Any follow-ups or contacts that are made to you by potential service buyer are based on the merit of your own qualifications and/or your ability to communicate your qualifications through our services. Furthermore, because of the unpredictable nature of the internet and the dynamic nature of the programming for this site, as we constantly try to add new features and augment existing features, there is always a possibility of both data loss and site outages. That being disclosed, you must use our services at your own discretion.
DISPUTE RESOLUTION
Any disputes regarding arrangements between freelancers and service buyers remain entirely between both parties. We are not involved in any transactions between you and any other users of eDelegate. You acknowledge and agree that eDelegate will not be a party to any such dispute or are obligated to take any actions or refrain from taking any actions toward resolving any such dispute. If you have a dispute with any other users of the Web site, you hereby release us from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, related to such a dispute.
TERMINATION
eDelegate reserves the right to investigate, at our own discretion, any activity that may violate this agreement. We reserve the right to cancel your account immediately if you breach this agreement or if we are unable to authenticate any information you provide to us. Furthermore, you agree that we may remove some or all of your content, or public access thereto, at any time without notice. Following termination of your account, we may remove some or all of your content from our servers or elect to retain it, at our sole option. There are no refunds for terminated accounts except at our sole discretion.
FEES AND PAYMENTS
eDelegate may at any time amend the pricing policy for some or all of the services provided by our Web site, and we may or may not notify you in advance of any such amendments. The pricing that is applicable to you is the pricing that is in effect in these terms of service on the date of any applicable transaction. If you continue to use your account, you signify your acceptance of the amended pricing policy and agree to pay us all charges accrued by you under the amended pricing policy. To clarify, current subscriptions will not incur additional costs during their one year active period.
INDEMNITY
The user shall indemnify and hold eDelegate harmless from any claim, demand, action, loss, cost, and expense, including, without limitation, reasonable attorney's fees, arising out of or in connection with the user's use of our services, the user's breach of any representation or warranty, the user's violation or breach of the Terms and Conditions, or the user's violation or infringement of the rights of others.
DISCLAIMER OF WARRANTIES
THE USE OF OUR SERVICES IS AT THE USER’S SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".
EDELEGATE MAKES NO WARRANTY THAT OUR SERVICES WILL BE UNINTERRUPTED, SECURE, AND FREE OF VIRUSES OR OTHER MECHANISMS, OR ERROR FREE. EDELEGATE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. EDELEGATE MAKES NO WARRANTY REGARDING ANY TRANSACTION ENTERED THROUGH OUR SERVICES.
EDELEGATE DOES NOT WARRANT THAT USERS OF OUR SERVICES ARE LICENSED OR CERTIFIED TO PRACTICE IN ANY JURISDICTION; NOR DOES EDELEGATE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
EDELEGATE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
EDELEGATE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF WHATEVER KIND AND HOWEVER CAUSED, EVEN IF EDELEGATE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR TRANSACTIONS ENTERED THROUGH OUR SERVICES
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