Your Agreement to Conditions of Use – Please read before accessing this web site
Welcome to the premiere Website about the outsourcing, global supply chains and business process management.
By accessing, copying, or using any information contained at this Site or by purchasing any services, goods or licensed materials, you agree to be legally bound by this User Agreement and our Privacy Policy. We may amend this Agreement and our Privacy Policy at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately after they are initially posted on the Site. In our sole discretion, we may suspend or terminate your access or and your account if we suspect that you have violated this Agreement or otherwise to protect the Publisher’s interests.
“We”(or “us”) or the “Publisher” shall mean Outsourcing Law Global, LLC (“we”), its shareholders, subsidiaries, successors, licensors, suppliers, distributors and affiliates, and their employees, managers, directors, shareholders, partners, principals, agents, representatives, successors and assigns and, where identified, any third-party suppliers of services, goods or licensed materials furnished by or through this Site. Certain content may be owned by Publisher’s contributors, affiliates and others. Contributors of content to this site grant a perpetual, royalty-free license to post, publish and distribute such content to the Site and Site subscribers.
“You,” “Subscriber” or “Visitor” means any individual who can form legally binding contracts under applicable law and who, by registering on this Site, has requested active engagement with the Site. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
“Your Information” is any information that you provide to us.
1) Your Activities on the Site
Your Permitted Activities; License to Copy Information from Site
We grant you a limited license to download and copy materials from this Site provided you agree to the following terms and conditions.
- You may use the materials for informational, non-commercial purposes only.
- You may not alter or modify the materials in any way.
- You may not use any graphics separate from any accompanying text. (The maps are subject to an open-source license. See Copyright Notice.)
- You may not use the materials in any way that may be adverse to the rights, reputation or interests of any of the content contributors or the Publisher.
- You will ensure that all copies of materials that you download or copy from this Site include a copy of this Legal Notice. Copies of Press and Media information must include a copyright notice:
“© 2009 and TM Outsourcing Law Global, LLC. All rights reserved.” [The year is to be updated from time to time.]
Failure to comply with these terms and conditions will terminate the license and constitute infringement and could lead to statutory damages and penalties.
Your Postings
We are not responsible for any postings by you or any third parties on the postings section. We do not endorse any such postings. We reserve the right to not post or to remove any such posting in our sole discretion. We do not undertake any obligation to monitor such postings for their appropriateness. If you believe that your rights have been impaired by any such posting, you will notify us at privacy@outsourcing-law.com and will participate in resolution of the matter on an amicable basis for a reasonable time whilst this matter is resolved. If you post anything on the Site, you grant us the right to republish it and you also warrant that it is lawful and not defamatory.
Restrictions on Your Activities
You agree that your information and your activities on the Site shall not:
(a) be false, inaccurate, fraudulent or misleading;
(b) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
(c) 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);
(d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) be obscene or contain child pornography
(f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to any information or activity that is prohibited under this Agreement.
Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Publisher and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iv) bypass our technological measures that we may use to prevent or restrict access to the Site or protect the infrastructure of the Site.
2) Intellectual Property
Publisher, the stylized Publisher logo, specific device designations and all other words that are identified as trademarks and/or service marks are the trademarks and service marks of Publisher and any other respective owner. Your unauthorized misuse of any content on this Site may be illegal. You agree that we may republish and use any information posted by you for publication. This does not apply to your individual registration information.
Nothing contained in this Legal Notice shall be construed as conferring by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except those expressly provided herein. Any services or goods described at this Site may be the subject of other intellectual property rights owned by Publisher or by third parties, and no licenses are granted therein.
3) Compliance; Remedies
Without limitation, we may limit your activity, immediately remove your content, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any access or services to you. Typically we might do so if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information that you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
4) Disclaimers
THIS WEBSITE, THE DOCUMENTATION AND ANY GOODS OR SERVICES PROVIDED AT THIS SITE ARE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ABSENCE OF ANOMALIES OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SITE OWNER OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE DOCUMENTATION PROVIDED ON THIS SITE, EVEN IF SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.
5) Liability Limit
IN NO EVENT SHALL SITE OWNER BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). LIABILITY OF SITE OWNER TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF MONEY THAT YOU PAY TO US IN THE ONE MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) US$25. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you purchase a license to any digital content or other services that Publisher might offer now or in the future, your claims against the Publisher will be subject to this limitation except where the Publisher expressly agrees to a higher limit of liability.
6) Indemnity
You agree to indemnify and hold Publisher harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
7) Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site.
8) No Agency
You and Publisher are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
9) Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Publisher at Outsourcing Law Global, LLC, 512 Bedford Road, Second Floor, Mt. Kisco, New York 10549 (Attention: President). Notice shall be deemed given on receipt. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Publisher during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. We may contact you at the e-mail address shown in your registration or by announcement on the Site. We reserve the right not to permit uploads or downloads or otherwise limit site access. Items such as books bought through other websites are sold by third parties under their terms and conditions exclusively.
10) Your Satisfaction; Disputes
Customer Satisfaction
Your “customer satisfaction” is important to us. If you want to suggest any improvements to this Site, any entertainment services or other new ideas, please contact us by e-mail at publisher@outsourcing-law.com
Amicable Resolution of Disputes
In the event a dispute arises between you and Publisher, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Publisher agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures. Disputes between you and Publisher regarding our services may be reported to Customer Support by going to privacy@outsourcing-law.com.
Resolution of Disputes
By accessing this Site, you hereby consent to the exclusive binding jurisdiction of Federal District Court for the judicial district in the Southern District of New York for all disputes arising out of or in connection with the Site, including without limitation relating to access, use, copyright, defamation and all rights and responsibilities of Publisher. You agree to accept service of process from Publisher by postal mail, return receipt requested, at the address that you have designated in your registration, or if that is insufficient at your e-mail address set forth in your registration or other communication to us, and such service shall govern unless you change the address for the registration.
11) General
This Agreement shall be governed in all respects by the laws of the State of New York (excluding choice of law provisions and the UN Convention on the International Sale of Good) as such laws are applied to agreements entered into and to be performed entirely within New York. We do not guarantee continuous, uninterrupted or secure access to our Site, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and replaced by an enforceable provision that most closely represents the bargain of the stricken language, and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Publisher in accordance with the section headed “Notices”, in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding, undertaking and agreement between us with respect to the subject matter hereof. The sections with respect to payment, your license to us, Your Activities on the Site (to the extent you are restricted), Liability Limit, Indemnity, Legal Compliance and Resolution of Disputes shall survive any termination or expiration of this Agreement.