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Site Policies
SERVICE AGREEMENT
Welcome to Aggie-Lance. This site has been designed with the
user, both Employers, and Freelancers in mind. We hope you enjoy
the service. If you continue to browse and use this website you
are agreeing to comply with and be bound by the following terms
and conditions of use, which together with our privacy policy
govern Aggie-Lance's relationship with you in relation to this
website.
The term “Aggie-Lance” or "us" or "we" refers to the owner of
the website whose registered office is 1745 North West St.
Carroll, IA 51401. The term "you" refers to the user or viewer
of our website.
AGREEMENT
This Agreement (hereinafter referred to as the "Agreement")
explains the contractual agreement between Aggie-Lance, located
in Carroll, Iowa ("Aggie-Lance” "we," "us") and you ("Company,"
"you," "your") who agrees to the terms of this Agreement by
proceeding to browse this website, creating a profile, signing
up for e news updates, or otherwise continuing to use this
website. This Agreement is made to be effective as of April
28th, 2008. This Agreement governs your use of the Aggie-Lance
Web Site (the "Web Site") and transactions conducted through
this Web Site including, but not limited to, the billing and
payment services described herein. NOW, THEREFORE, in
consideration of the mutual covenants and agreements of the
parties contained herein and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties, intending to be bound, hereby agree
as follows:
TERMS
Employer: Company or Individual that posts a job or project on
Aggie-Lance.
Freelancer: Free Lance Professional, small business, or
corporation that offers their services through Aggie-Lance.
Project Manager: Aggie-Lance employee that oversees the
projects, payment, and bidding process.
WEBSITE USE
The use of this website is subject to the following terms of
use:
• The content of the pages of this website is for your general
information and use only. It is subject to change without
notice.
• Neither we nor any third parties provide any warranty or
guarantee as to the accuracy, timeliness, performance,
completeness or suitability of the information and materials
found or offered on this website for any particular purpose. You
acknowledge that such information and materials may contain
inaccuracies or errors and we expressly exclude liability for
any such inaccuracies or errors to the fullest extent permitted
by law.
• Your use of any information or materials on this website is
entirely at your own risk, for which we shall not be liable. It
shall be your own responsibility to ensure that any products,
services or information available through this website meet your
specific requirements.
• This website contains material which is owned by or licensed
to us. This material includes, but is not limited to, the
design, layout, look, appearance and graphics. Reproduction is
prohibited other than in accordance with the copyright notice,
which forms part of these terms and conditions.
• All trademarks reproduced in this website which are not the
property of, or licensed to, the operator are acknowledged on
the website.
• Unauthorized use of this website may give rise to a claim for
damages and/or be a criminal offence.
• From time to time this website may also include links to other
websites. These links are provided for your convenience to
provide further information. They do not signify that we endorse
the website(s). We have no responsibility for the content of the
linked website(s).
• You may not create a link to this website from another website
or document without [business name]'s prior written consent.
1. RELATIONSHIP OF PARTIES
Your relationship and correspondence with users on the
Aggie-Lance site, including the development and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are
solely between you and such user. You agree not to hold
Aggie-Lance liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the
presence of such users of the website.
By accepting this agreement you understand and agree that
Aggie-Lance does not provide any services for the delivery of
any work completed by a Freelancer to a Employer. Aggie-Lance
acts as a meeting point for the creation of a relationship
between the Freelancer and Employer. Aggie-Lance does reserve
the right to oversee any project or work entered into as a
result of the creation of such a relationship on the Aggie-Lance
website in order to ensure sound transaction and expedition of
work.
2. OWNERSHIP
The Web Site and all intellectual property rights related to the
Web Site, including but not limited to copyrights, trademarks,
service marks and any feedback left by Registered Users on the
Web Site, are owned or licensed by us, and all right, title and
interest in the Web Site and the related intellectual property
rights remain our property. You may not reproduce, reverse
engineer, decompile, disassemble, modify or create derivative
works with respect to the Web Site and the related intellectual
property, including any services provided via the Web Site, and
this Agreement does not grant you permission to do so. Certain
content is licensed from third parties. All such third party
content and all intellectual property rights related to that
content belong to the respective third parties. You may not
remove any copyright, trademark, or other intellectual property
or proprietary notice or legend contained in the Web Site,
including any Web Site content.
3. MODIFICATION OF SERVICE
Aggie-Lance reserves the right to add, change, modify, or
otherwise alter the layout, business model, site structure, or
operation of the Company or its website.
4. Payment
You agree to pay all fees and will not circumvent any fee
structure applicable to your use of service, all in accordance
with Aggie-Lance’s Site Policies and Terms of Payment.
5. Terms of Payment
Employers are allowed to create profiles and post jobs on
Aggie-Lance at no cost. Freelancers are required to provide
valid credit card, or pay pal information at the time of profile
creation on Aggie-Lance’s website. All sensitive information is
kept secure and will not be sold or communicated in anyway
jeopardizing the account information. Freelancers agree to pay a
subscription fee of $4.95 per month. This subscription can be
paid in 3, 6, or 12-month increments. Freelancers are allowed to
end their contract at the end of their subscription period for
any reason. If a user chooses to end their use of Aggie-Lances’
service during their subscription time frame, no refund will be
transacted. Aggie-Lance reserves the right to offer special
offers to both new freelancers and those that are to be renewed
at its own discretion.
b) Aggie-Lance uses a secure method of transmission of payment
through a PayPal gateway and adheres to the Payment Card
Industry Data Security Standard for storing cardholder data.
c) Aggie-Lance does not offer refunds as stated in section 5a.
Any and all transactions resulting from a contract entered into
by a freelancer and business entity meeting through
Aggie-Lance’s services are to be transacted in a timely matter
on terms set forth by such contract.
d)Aggie-Lance clearly defines goods and services offered under
section 1, Relationship of Parties.
e) Aggie-Lance is required to inform its credit card merchant of
any changes in product offerings, website address, privacy
policy, return policy, and or security methods as they occur.
f) Aggie-Lance does not offer age restricted services on its
website. Any changes in that policy will be communicated to the
proper authorities.
g) Aggie-Lance does not ship any physical products, nor conduct
transfer of any project work conducted by a freelancer or
business.
h) All transactions conducted through Aggie-Lance are in US
Dollars. No exceptions.
i) During any transaction of payment on Aggie-Lance, we will
display our permanent address and merchant location and merchant
location country.
j) Customer service contact information including phone number
and email is located at: www.aggielance.com/contact.aspx
k) Aggie-Lance does not provide, support, or advocate any adult
oriented content.
l) Consumer data privacy policy is clearly located on each page
of Aggie-Lance.com
m) Failure to abide by any of the above will result in
discontinuation of any agreement between Aggie-Lance and
Heartland Payment Systems.
6. INDEMNIFICATION
You agree that you shall indemnify, defend and hold harmless
Aggie-Lance and its officers, directors, employees, agents,
owners and shareholders from and against any costs, expenses
(including, among other expenses, reasonable attorneys' fees and
expenses), losses, damages (specifically including, but not
limited to, incidental, consequential, exemplary, special,
indirect or punitive damages), suits, claims or liabilities
incurred and arising from or relating to your use of
Aggie-Lance’s services.
7. TERMINATION OF SERVICE
Aggie-Lance reserves the right to delete, cancel, or otherwise
disable your account with or without warning.
8. MODIFICATION
Aggie-Lance reserves the right to modify this agreement at any
time. It is your responsibility to periodically review any
updates to this agreement to determine if any modifications
affect you or your business.
9. GOVERNING LAW
Interpretation and enforcement of this Agreement shall be
governed by the internal laws of the state of Iowa. You consent
to jurisdiction in the federal and state courts sitting in the
Des Moines, Iowa. If any provision of this Agreement shall be
held invalid or unenforceable in whole or in part for any
reason, such provision shall be ineffective to the extent of
such invalidity or unenforceability without in any manner
affecting the validity or enforceability of any of the remaining
provisions of this Agreement.
10. ATTORNEY FEES AND COSTS
If any action is brought by you against Aggie-Lance under this
Agreement, and Aggie-Lance prevails, Aggie-Lance shall be
entitled to recover from you its actual costs and reasonable
attorney fees and all other litigation costs, including expert
witness fees, and all actual attorney fees and litigation costs
incurred in connection with the enforcement of a judgment
arising from such action or proceeding. The provisions of the
preceding sentence shall be severable from the provisions of
this Agreement and shall survive the entry of any such judgment.
11. ACCEPTABLE USE POLICY
As a user of the Aggie-Lance website pursuant to this Agreement,
you agree to the following stipulations relating to acceptable
use of the Aggie-Lance website. You agree not to use this
website to:
A. Intentionally or unintentionally violate any applicable
local, state, national or international law, including, but not
limited to, any regulations having the force of law.
B. Impersonate any person or entity, including, but not limited
to, an Aggie-Lance official or employee or falsely state or
otherwise misrepresent your affiliation with a person or entity;
C. Employ misleading e-mail addresses or falsify information in
the header, footer, return path or any part of any
communication, including e-mails, transmitted through the
Aggie-Lance website;
D. Upload, post, e-mail, otherwise transmit or post links to any
content that you do not have a right to transmit under any law
or regulation or under contractual or fiduciary relationships
(such as inside information, or proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
E. Upload, post, e-mail or otherwise transmit or post links to
any content that facilitates hacking;
F. Upload, post, e-mail, otherwise transmit or post links to any
content that infringes any patent, trademark, service mark,
trade secret, copyright or other proprietary rights of any party
or contributing to inducing or facilitating such infringement.
G. Upload, post, e-mail, otherwise transmit or post links to any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes" or any
other form of solicitation, except in those areas that are
designated for such purposes;
H. Upload, post, e-mail, otherwise transmit or post links to any
material that contains software viruses, worms, trojan horses,
time bombs, trap doors or any other computer code, files or
programs or repetitive requests for information designed to
interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or to
diminish the quality of, interfere with the performance of, or
impair the functionality of the Aggie-Lance website;
I. Upload, post, e-mail, otherwise transmit or post links to any
content, or select any member or user name or e-mail address,
that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, pornographic, libelous,
invasive of privacy or publicity rights, hateful or racially,
sexually, ethnically or otherwise objectionable;
J. Upload, post, e-mail, otherwise transmit or post links to any
content that promotes illegal activity, including without
limitation the provision of instructions for illegal activity;
K. Collect or store personally identifying information about
other users for commercial or unlawful purposes;
L. Upload, post, e-mail or otherwise transmit or post links to
any material, or act in any manner that is offensive to these
stipulations of acceptable use.
12. PRIVACY AND CONFIDENTIALITY
A. Your use of the website and the services provided therein is
governed by the terms of this Agreement and the Aggie-Lance
Privacy Policy, which is incorporated in its entirety by
reference into this Agreement. The Privacy Policy is posted on
the website and may be updated or revised from time to time. If
at any time you are not in compliance with the Privacy Policy,
we have the right to terminate your rights of use and access to
the website and to terminate this Agreement. We may be required
by law to disclose information to government authorities, law
enforcement agencies or third parties, upon subpoena, and you
authorize us to disclose information as we believe, in our sole
discretion, is necessary or appropriate.
B. Any Login Identification (Login Name) and password, and any
authorization codes or similar verification identifiers should
be maintained by you as confidential and should not be disclosed
to third parties. It is your responsibility to change your Login
Name and password and/or authorization codes, if it becomes
necessary, through the "My Account" section of the website.
13. MEMBERSHIP FEES
Aggie-Lance charges a membership fee for Freelancers to create a
profile which is renewable in 3, 6 or 12 month increments.
Aggie-Lance reserves the right to offer promotions or discounts
for such membership fees at its own discretion. Membership fees
are currently set at $4.95 per month. This allows the
Freelancers to place bids on any project they are qualified to
provide services for. Aggie-Lance does not guarantee the award
of any projects a Freelancer bids on regardless of length of
membership. A Freelancer that chooses to stop using Aggie-Lance
will indicate as such to Aggie-Lance. Refunds will NOT be issued
regardless of when the Freelancer chooses to end its use of the
service. At the end of the membership period, a Freelancer that
does not renew their contract within thirty days will have their
profile deleted by Aggie-Lance.
14. LIMITATION OF LIABILITY
YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OF OUR SERVICES
PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK.
Aggie-Lance is not responsible or liable for any LOSS WHATSOEVER
that you may incur by using our services or any material from
our website.
UNDER NO CIRCUMSTANCES, SHALL AGGIE-LANCE OR ANYONE ELSE
INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING AGGIE-LANCE
SERVICES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF
REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF
OR INABILITY TO USE AGGIE-LANCE SERVICES, MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF
PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS
AGGIE-LANCE RECORDS, PROGRAMS OR SERVICES, OR LOSSES OR DAMAGES
INCURRED BY YOU FROM VISITING THIRD PARTY WEBSITES THAT YOU
ACCESS THROUGH OUR WEBSITE, EVEN IF AGGIE-LANCE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSSES.
IN THE CASE THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES, AGGIE-LANCE LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW. IN NO EVENT SHALL AGGIE-LANCE’S
LIABILITY TO YOU EXCEED THE AGGREGATE AMOUNTS PAID BY YOU TO
AGGIE-LANCE FOR ITS SERVICES DURING THE PREVIOUS SIX MONTHS.
15. ENTIRE AGREEMENT
The parties acknowledge that this agreement, and any
modifications to this agreement, constitute the complete
agreement regarding this subject and supersede any prior oral or
written communications relating to this subject.
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