TERMS OF SERVICE
OffshoreXperts.com are committed to providing our members with the best features and service in the outsourcing industry. If you are not an existing registered member of OffshoreXperts.com, please review the following Terms of Service.
Acceptance of Terms
Completion of the registration process acknowledges Member's ("you" or "your") acceptance of OffshoreXperts.com' ("Us" or "Our") Terms of Service ("Terms") in its entirety. These Terms may be amended without notice at any time, and will take effect automatically fourteen (14) days after they are initially posted to the site. Your continued use of our services after that time constitutes your acceptance of the amended Terms.
OffshoreXperts.com welcomes all parties over the age of eighteen (18) who may legally enter into and form contracts under applicable law. You are required to provide complete, current and truthful registration and you are required to update said information within three (3) days subsequent to a change. Membership shall become active once accepted and acknowledged by OffshoreXperts.com. Memberships are not transferable.
Provision of Services
OffshoreXperts.com' site and services are provided on an "as is" and "as available" basis. Your access and use of the OffshoreXperts.com site, products and services is governed by and must be in accordance with the then current published OffshoreXperts.com policies and procedures. By submitting this registration and/or accessing OffshoreXperts.com' site or using OffshoreXperts.com services, you agree to comply with all such policies and procedures. OffshoreXperts.com and its suppliers make no representations and offer no warranty, express or implied. OffshoreXperts.com and its suppliers specifically disclaim all warranties of title, merchantability, fitness for a particular purpose, and non-infringement. OffshoreXperts.com makes no warranty that the service will meet your requirements or expectations, or will always be available, accessible, uninterrupted, timely, secure, or operate without error.
You agree that the content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site: will not violate any law, statute or ordinance; will not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; will not be false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, or threatening.
You agree that you are solely responsible for the content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, and you will indemnify and hold harmless OffshoreXperts.com and our employees, officers, directors, agents and suppliers against any claim arising out of or related to your content.
You agree that any information or communications you transmit to us may be used by us for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting; and OffshoreXperts.com is free to use any ideas, suggestions or other such concepts for any purpose, including but not limited to developing, manufacturing, and marketing products or services using such information.
You agree that you will not offer for sale through the use of our services any items that: violate any laws or statutes; are prohibited in any way through these Terms; and/or, you do not have the legal right to offer. You agree that you will comply with any and all applicable laws, statutes and ordinances while you use our services. You agree that you will comply with any and all terms and conditions of your agreement(s) with all third party marketplaces.
You may terminate your account at any time for any reason by contacting OffshoreXperts.com.
OffshoreXperts.com retains the right to cancel your account, deny you access to the site and/or our services, and remove all account information and associated content at any time, in our sole discretion, without notice. You agree that OffshoreXperts.com shall not be liable to you or any third-party for any termination of your access to our service.
Limitation of Liability
In no event will OffshoreXperts.com or our suppliers be liable for lost profits or any special, incidental, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms, our site, our services and any inability to use such services. Additionally, because OffshoreXperts.com is not involved in the actual transaction between you and buyers, in the event that you have a dispute with one or more users or buyers, you release OffshoreXperts.com, and its officers, directors, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. OffshoreXperts.com liability, and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to us in the month prior to the action giving rise to liability, or (b) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Indemnification
You agree to indemnify, defend and hold OffshoreXperts.com and our employees, officers, directors, agents and suppliers harmless from and against any loss, cost, damages, liability or expenses arising from or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to OffshoreXperts.com; (b) any fraud, manipulation, or other breach of these Terms by you; (c) any third-party claim, action or allegation brought against OffshoreXperts.com arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or OffshoreXperts.com' provision of services or use of your account by any third party.
You agree to authorize OffshoreXperts.com to access third-party marketplace(s) with which you have agreements, on your behalf, to retrieve and post information and materials necessary to provide our services to you, and you hereby appoint us as your agent for this limited purpose. You hereby permit us to use such retrieved information and materials to accomplish the foregoing, and to communicate with your customers on your behalf. You hereby acknowledge that our services may or may not provide all the information and functionality that you could obtain directly from the marketplace(s).
You agree that except for the limited purpose stated above in the "Limited Agency" clause, you and OffshoreXperts.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
You agree to grant to OffshoreXperts.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but not other rights) you have in your content, in any media now known or not currently known, for the sole purpose of providing our services.
OffshoreXperts.com will provide notice to you at via email at the address supplied by you in your account information, and/or generally through our site.
OffshoreXperts.com retains all right, title and interest in and to its trademarks, service marks and trade names worldwide (collectively, the "Marks"). You will only use OffshoreXperts.com' Marks with the express permission of OffshoreXperts.com and then only in the manner authorized. Under no circumstances may you alter, modify, or change OffshoreXperts.com' Marks.
All content included or available on our site, including but not limited to images, iconography, graphics, buttons, logos and software is the property of OffshoreXperts.com and/or third parties and is protected by copyrights, trademarks and/or other intellectual and proprietary rights. You may not sell, copy, alter or otherwise interfere with said content and software in any way other than that which is expressly allowed under these Terms.
Terms of Service Violations
If you believe that a violation of our Terms has occurred, please provide the following information:
In the event of a violation of these Terms, OffshoreXperts.com reserves the right to delete any and all images or other content you provide or transmit through the site, to suspend or deny you access to the our site and our services, or to terminate your account, in our sole discretion.
- Your OffshoreXperts.com user name;
- Your telephone number and email address;
- A description of the content or action you believe to be a violation;
- The location on our site of the content or action you believe to be a violation.
These Terms will be governed by the laws of the state of Georgia. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. These Terms are not assignable, transferable or sublicensable by you without OffshoreXperts.com' prior written consent, and any such conveyance will be null and void. The sole jurisdiction and venue for actions related to the subject matter hereof will be the Georgia State and U.S. federal courts having within their jurisdiction the location of OffshoreXperts.com' principal place of business. Should OffshoreXperts.com prevail in any action or proceeding to enforce rights under these Terms, OffshoreXperts.com will be entitled to recover from you its costs and attorneys' fees. You agree that you are not entering into these Terms in reliance on any statements or representations other than those set forth herein. Should any term or condition be in conflict between these Terms and any document incorporated by reference into these Terms, these Terms will control. The use of headings is for convenience and will not affect the interpretation of these Terms.
The User Policy sets forth the policies, terms and conditions applicable to your use of the OffshoreXperts.com sites, services, software and products. This Policy, along with the applicable agreement with OffshoreXperts.com that you acknowledged or executed and OffshoreXperts.com accepted or executed, governs your right to use the same. OffshoreXperts.com may add, delete, or modify this Policy, and/or its sites and their features and services, at any time without notice. Changes to this document will be posted on the OffshoreXperts.com site. All amended terms shall automatically be effective 5 days after they are initially posted on the OffshoreXperts.com' site.
OffshoreXperts.com' services are available only to entities and persons who can form legally binding contracts under applicable law and may not be transferred or sold to another party. Without limiting the foregoing, OffshoreXperts.com' services are not available to minors or to person whose access OffshoreXperts.com suspends or terminates. If you do not qualify, you should not use the OffshoreXperts.com services.
Service Use and Access
OffshoreXperts.com act as a passive conduit for your online distribution and publication of products, services and information. Your use of the OffshoreXperts.com site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through OffshoreXperts.com or its sites.
OffshoreXperts.com' site acts as a venue to allow just about anything, from anywhere and at anytime, to be bought or sold. OffshoreXperts.com is not involved in the actual transaction between buyers and sellers, and as a result, has no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Additionally, OffshoreXperts.com cannot ensure that a buyer or seller will actually complete a transaction.
OffshoreXperts.com does not monitor or control the information or material provided by users through OffshoreXperts.com' system. You may find some user's information to be offensive, harmful, inaccurate, or deceptive, and should therefore use caution when using OffshoreXperts.com sites. Because the OffshoreXperts.com services are available via the Internet, please be aware that there are risks of dealing with minors, people acting under false pretense or foreign nationals.
OffshoreXperts.com' site and services are only intended for use with selling through online auction sites, storefront sites, and/or your own web site and shall not be used to: transmit or offer any unsolicited "spam" or unsolicited advertising; engage in fraud or other illegal activity; infringe on the intellectual property rights of others; upload, email or transmit any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that may interfere with or disrupt the normal flow and operation of any system. While using our sites or services, you shall not Interfere, or attempt to interfere, with or disrupt our sites or services, and the servers or networks connected to our site, and shall not in any way interfere or attempt to interfere with any transaction conducted on our site. While using our sites or services, you shall comply with any and all applicable laws, statutes and ordinances and with any and all terms and conditions of your agreement(s) with OffshoreXperts.com and any and all third parties to the extent such are applicable. OffshoreXperts.com retains the right to block, suspend or deny access to the OffshoreXperts.com site, and/or our services, to any person or entity, in our sole discretion.
The products, services, information and material that you and your customers, buyers or users provide while accessing, using or conducting business with or through the OffshoreXperts.com sites: (a) shall not be false, inaccurate or misleading; (b) shall not involve counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs or other harmful code or item that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) shall not link directly or indirectly to or include any products, services, information or materials that are prohibited under this Agreement.
The content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, and any such content offered on our site for your use will be used solely for the purpose of selling through online auctions, storefronts, and your own web site. Any and all HTML or similar coding generated on our site for your use will be used in its entirety without modification.
Without limiting any other remedies, OffshoreXperts.com may suspend or terminate your account if OffshoreXperts.com suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with OffshoreXperts.com' site. Additionally, OffshoreXperts.com retains the right to remove any and all content you provide in using our services, including but not limited to data, images, communications and other materials transmitted to our site or transmitted relative to services offered on our site, at any time, at our sole discretion.
Provision and Access to Sites and Services
Your use of our site is at your own discretion and risk. You are solely responsible for any and all loss of data, damage to data or damage to your computer system resulting from any material or use of said material obtained from or through our site and/or company. OffshoreXperts.com may add, delete, or modify the site and/or features and services at any time.
Copyright and Infringement
OffshoreXperts.com respects copyright laws and expects you to do the same. If you believe that infringing content is being hosted on our site, please provide OffshoreXperts.com with the following information:
Updated: May 2013
- A description of the copyrighted work that is believed to have been infringed;
- The location on our site of the content that you believe to be infringing;
- Your address, telephone number, and email address;
- A statement by you that you believe in good faith that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use);
- An electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder; and
- A statement by you, made under penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.