TERMS AND CONDITIONS AGREEMENT

As revised on: November 15th, 2007

This Agreement (the "Agreement") describes the general Terms and Conditions (the "Terms") on which CADlance Pty Ltd. and its affiliates (collectively " CADlance Pty Ltd.," "we," or "us") offers you ("you," "your," or "User") access to CADlance Pty Ltd. (the "Service", “Website” or "Site") and any other affiliated CADlance Pty Ltd. web Sites and to the Services provided on this web site and other affiliated web sites. By registering or visiting this Website and using the Services available throughout the entire site, this implies that you unconditionally agree to accept and comply with CADlance Pty Ltd’s Terms and Conditions and that you agree to be bound by these Terms, as well as all other applicable laws, statutes, ordinances and regulations concerning use of the Services. 
Your access to this Siteis conditional on your acceptance of these Terms and Conditions set forth below (this "Terms and Conditions"). By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from this Site, you agree to accept and abide by this Terms and Conditions for each use and each visit of this Site. You should not access this Site if this Terms and Conditions are not acceptable to you.  If you do not accept the Terms as stated, you may not use the Service.
CADlance Pty Ltd. reserves the right to modify this Agreement at any time by posting the amended Terms on the Site. It is your responsibility as a User of the Site to return periodically to this page to review this Agreement for modifications. The top of this page includes a reference to when this Agreement was last revised. Unless otherwise specified below, all Terms take effect automatically when they are initially posted to the Site. Your continued use of the Website upon such postings will represent an Agreement by you to be bound by the Terms and Conditions as altered. Please familiarise yourself with the Terms and Conditions on each occasion that you access the Website. CADlance Pty Ltd shall not be liable for any loss or damage incurred by you through your failure to familiarise yourself with these conditions. Your continued use of the Site following any amendment will constitute your Agreement to such amendment. Unless we expressly agree otherwise in writing, no exceptions will be permitted.

1. NATURE OF THE SERVICE

CADlance is a virtual marketplace, specifically targeted to the CAD, Design, Engineering and Manufacturing arena where outsourcers (also known as “buyers”), and skilled professionals (also known as “service providers”), transact and contract for professional services via the Internet. Significant advantages can be achieved by all Users.  A major benefit for buyers is that a wide range of bidders may be competing for their work, resulting in a speedy process, efficiency and a competitive pricing arrangement. For service providers, that could include the opportunity to readily find work, a guarantee of secure payment, and earning a reputation for reliability online.

CADlance earns its revenue from the membership fee and/or the project fee paid by the service providers depending on the subscription plan selected.  We provide in return, a simple and secure online environment where outsourcing can become a natural business service in the marketplace. Use of this Website is free for buyers and the general public.

CADlance only provides the platform and is not directly involved in the actual transactions between Users of the Site. CADlance is a neutral facilitator having no control over the authenticity of the postings made on the Site by Users nor does CADlance vouch for the same. CADlance cannot and does not confirm the identification details of Users, except those details provided by the Users at the time of registration. CADlance also does not confirm nor verify the qualifications, background, or abilities of Users. Except those Users who choose to become Verified Users.

The Website is located at www.cadlance.com (this "Site") is provided by CADlance Pty Ltd. Use of this Website is free for buyers and the general public. All service providers pay an annual/quarterly or project fee to enable their access to trading areas on the Site.  The purpose of this Website and the Services we provide are continually developing and we may modify, or close this Website and discontinue our Services, at our discretion, without notice and without liability to any User.

YOU USE THE SERVICE AT YOUR OWN RISK.

(a) Independent Judgment. Galleries or Messages are not professional advice. The use of the Service should not be considered a substitute for independent investigation or sound personal judgment or professional advice. In particular, you should not consider information contained in Galleries or Messages to be a substitute for consultation with medical, psychiatric, psychological, tax, legal, investment, accounting, financial, or other competent professional advisors licensed to practice in your jurisdiction. If you submit a Galleries or Messages, you are assumed to be soliciting or giving general information, not professional advice. For professional advice, you must consult a qualified, licensed professional in your local area or seek professional service providers from our professional services area.

(b) Safe Usage Considerations. We do not control the information provided by other Users which is made available through our system. You may find other User's information to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense when using the Services. Furthermore, CADlance Pty Ltd. does not specify, determine, endorse or recommend any Product or Service or Service provider described in any Galleries or Messages or the quality, safety, conformance or legality of such products or Services.

To report abuse of the Service, please contact the moderator.

(c) User Release of CADlance Pty Ltd. In the event of any dispute with respect to a transaction made or action taken or not taken by you after consulting the Service, or between User and any other User or third party, you release CADlance Pty Ltd., its agents and employees from any claims and damages of every nature (including, without limitation, actual, special, incidental and consequential), known and unknown, disclosed and undisclosed, arising out of or in any way connected with such dispute.

2. INTELLECTUAL PROPERTY

(a) Throughout this Website there are references to trademarks, logos and intellectual property, owned by CADlance, licensors and other registered Users.  In accordance with copyright conventions, it must be assumed that any information in publicly accessible areas of the Website is copyrighted.  Apart from your own material, you are not permitted to copy or use any other content for any purpose without CADlance’s permission or consent of the rights holders.

(b) This Website, and all its components, software, applications, configurations, and commercial enterprise concepts are protected by copyright. No part may be copied, replicated, sold nor in any way may ownership be claimed unless expressly permitted by CADlance.

(c) CADlance relies on internationally accepted intellectual property right protection and encourages all Users of this Website to follow this ideal.

(d) Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our express prior written permission is prohibited. We respect the intellectual property of others and ask you to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the accounts of Users who infringe our intellectual property rights. We retain the right to initiate appropriate civil and criminal legal proceedings against the infringers of our intellectual property rights.

(e) Rights in Work. In consideration for the opportunity to participate in and use the Service and for other good and valuable consideration, the receipt of which User acknowledges, and without further compensation to User, User agrees that the content of any Galleries or Messages submitted by User ("Content") will be a contribution to a collective work prepared as a "work for hire" for CADlance Pty Ltd. and that CADlance Pty Ltd. shall be considered the author of the Content for purposes of copyright and shall own all the rights in and to the Content, including all copyrights or other proprietary rights. To the extent that the foregoing is not effective for any reason, User hereby assigns and agrees to assign upon creation to CADlance Pty Ltd. all right, title and interest in and to the Content and all materials contained therein or prepared therefore and the results and proceeds thereof to the extent that User has had or will have any right, title or interest therein. To the extent any of the foregoing rights, including so-called "moral rights" may be inalienable, User agrees to waive and agrees not to exercise such rights, and if such waiver and Agreement are deemed invalid, to grant to CADlance Pty Ltd. and its designees the exclusive, perpetual, irrevocable, worldwide and royalty free right to use, market and modify such items without any obligation of attribution or consent. User will not take any action that jeopardizes CADlance Pty Ltd.'s proprietary rights, or acquire any right in the Content.

(f) CADlance Pty Ltd.'s Rights. CADlance Pty Ltd. will own all right, title and interest in the Content, including all rights in any copy, translation, modification, adaptation or derivation of the Content. CADlance Pty Ltd. shall have the sole and exclusive right throughout the universe in all languages and in perpetuity to use and exploit all or any part of the Content and all or any part of any material contained therein or prepared therefore, whether or not used therein, in any format or version, by any means and in any media, whether now known or hereafter developed, without further compensation to you. CADlance Pty Ltd. may distribute Content at its sole discretion by any method of distribution now existing or later developed.

(g) Rights Clearances and Assignments. You will be solely responsible for obtaining all rights clearances (including any work-for-hire Agreements or assignments from employees, agents, contractors, consultants or representatives needed by User to effectuate CADlance Pty Ltd.'s rights set forth in this Section) with respect to all Content created or provided by User to CADlance Pty Ltd. in connection with this Agreement. At CADlance Pty Ltd.'s request, User will obtain the execution of any instrument, including from any employee or contractor, which may be appropriate to assign these rights under this Section to CADlance Pty Ltd. or perfect these rights in CADlance Pty Ltd.'s name.

(h) CADlance Pty Ltd.'s Proprietary Material. The Content and all other information, data, text, graphics, images, photographs, audio and video clips, logos, icons and software appearing on the Service ("Content") are and will remain the property of CADlance Pty Ltd., our suppliers, our agents and our licensors. These materials may be used solely to the extent necessary for your authorized use of the Service, as provided in this Agreement. You may not copy, distribute, prepare derivative works from or otherwise use Content for any public or commercial purpose without the written permission of CADlance Pty Ltd.

(i) CADlance Pty Ltd.'s Agent to Receive Notification of Copyright Infringement Claims. CADlance Pty Ltd. respects the intellectual property of others, and we ask our Users to do the same. Because of the size of our community, CADlance Pty Ltd. does not and can not verify that Users have the right to post Content. However, CADlance Pty Ltd. cooperates in removing infringing or unlicensed items once an authorized representative of the rights owner properly reports them to us. If you believe Galleries or Messages infringes on your copyright, trademark or other intellectual property rights, please provide CADlance Pty Ltd.'s IP Attorney with a Notice of Infringement using this form.

In the United States, the Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Service infringe your U.S. copyright, you (or your agent) may send CADlance Pty Ltd.'s IP Agent a notice requesting that the item, information or material be removed, or access to it blocked.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.

3. DISCLAIMERS OF WARRANTY

Operating a virtual marketplace for on-line provision of professional Services, plus supplying a range of value-added benefits is what we do best. We are at arm’s length and not a party to any business arrangements undertaken by or between Users of this marketplace, who are all completely independent of CADlance.  This means that while we recognise Users’ interests need to be taken care of, we do not accept responsibility or liability for any acts, assertions, or omissions of Users of our marketplace.  Users, naturally, are on the Internet and it is not possible to verify their stated identity, qualifications, ability or background, nor attest to the truthfulness, accuracy, quality, legality, reliability, or safety of relevant postings on our Website. It is important therefore, to use your own discretion and treat all proposed business arrangements with an adequate level of disclosure. You agree not to make us party to any proceedings between you and another party with whom you had dealing with in the virtual marketplace provided by us.

Users of this marketplace environment are naturally responsible for compliance with their own payroll, tax and other legal obligations, whether in Australia or another jurisdiction.

CADLANCE PTY LTD. PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OR CONDITION, EXPRESS OR IMPLIED. YOU AGREE THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. TO THE EXTENT PERMITTED BY LAW, CADLANCE PTY LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE; (B) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE; (C) AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY USER AND WHETHER YOU SHOULD RELY ON ANY INFORMATION PROVIDED BY SUCH USER; (D) AS TO THE TRUTH, QUALITY, ACCURACY, OR EFFECTIVENESS OF THE CONTENTS OF ANY GALLERIES OR MESSAGES OR THE QUALITY, SAFETY, EFFECTIVENESS, CONFORMANCE OR LEGALITY OF ANY PRODUCT OR SERVICE DESCRIBED OR RECOMMENDED IN ANY GALLERIES OR MESSAGES; AND (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CADLANCE PTY LTD. OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

4. LIMITATION OF LIABILITY

AS A CONDITION OF USING THE SERVICE, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY CADLANCE PTY LTD., YOU AGREE THAT CADLANCE PTY LTD. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSE, OR COSTS, HOWEVER ARISING (INCLUDING NEGLIGENCE), BUT INCLUDING THOSE RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH: (A) THE USE OF THE SERVICE BY YOU, INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM OR ARISING FROM YOUR RELIANCE ON THE SERVICE, OR THE MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, NON-DELIVERIES, MISDELIVERIES, TRANSMISSIONS, EAVESDROPPING, STATEMENTS OR OTHER CONDUCT BY THIRD PARTIES, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; (B) THE CONTENT OF ANY GALLERIES OR MESSAGES OR ANY PRODUCT, SERVICE, OR PROVIDER MENTIONED OR RECOMMENDED THEREIN; (C) THE BREACH, OR ALLEGED BREACH, OF ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION; OR (D) GOVERNMENT RESTRICTION, STRIKES, WAR, ANY NATURAL DISASTER OR FORCE MAJEURE, OR ANY OTHER CONDITION BEYOND CADLANCE PTY LTD.'S REASONABLE CONTROL. YOU AGREE THAT CADLANCE PTY LTD. SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE. THE LIMITATION IN THIS SECTION APPLIES ONLY TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.

IN ANY EVENT, CADLANCE PTY LTD.'S LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT PAID TO CADLANCE PTY LTD. BY THE CLAIMANT, AND (B) $100.

Users of this Website indemnify and hold CADlance and any person involved in creating, hosting and maintaining this Website, harmless consequential on any or all damages sustained by your use or inability to use this Website regardless of the cause and effect of such event.

Your use of this Website is at your discretion and at your own risk.  CADlance does not warrant that the Site will be secure from possible hacker attacks or be error-free or that the Website and our servers are free of viruses, worms and other intrusive objects.  Users are therefore advised to retain backup copies of all data uploaded to this Website.

In accordance with standard internet protocols, CADlance accepts no liability for losses or damages resulting from any event outside of CADlance’s control, including, but not limited to: destruction of data through fire, theft, earthquake, flood, terrorist attack; loss, destruction or corruption of data through system failures or crashes, or stolen by terrorist organisations or others intent on unlawful, malicious activity.

We are not responsible for the success or failure of any of your decisions relating to any information presented through this Site or its contents. The Site should be carefully considered and evaluated, before reaching any decision, on whether to use the information and contents provided through the Site. There can be no assurance that any prior successes, or past results can be used as an indication of your future success or results. Results are based on many factors. We have no way of knowing how well you will do, as we do not know you or your background. Therefore we do not guarantee or imply that you will succeed by using this Site or its contents. There is no assurance you will do as well. We are not responsible for any success or failure that you may experience as a result of using the Site or its contents.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

5. INDEMNITY

Without limiting the generality or effect of other provisions of this Agreement, as a condition of use of the Services, each User agrees to indemnify, hold harmless, and defend CADlance Pty Ltd., and each of its respective affiliates, sub-contractors, agents, and employees against all third party claims, liabilities and damages, including reasonable attorney's fees, incurred or allegedly incurred by or arising out of your breach of this Agreement, the content of any Galleries or Messages posted by you, and/or your violation of any law or the rights of a third party.

6. PROPER USE

You must independently verify all information you find on the Site.

You agree not to do any of the following while using the Site:

•    » violate any applicable local, national, or international law, statue, rule, ordinance or regulation;
•    » post or transmit any content that You do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
•    » post or transmit any content that infringes a third party's intellectual property rights, rights of publicity or privacy;
•    » post or transmit any content that is unlawful, untrue, fraudulent, harassing, libellous, defamatory, abusive, obscene, tortuous, threatening, harmful (including but not limited to viruses, corrupted files, or any other similar software or programs), designed to elicit responses that relate to illegal activity, or otherwise objectionable;
•    » access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
•    » gather and use information, such as other Users' usernames, real names, email addresses, available from the Site to transmit any unsolicited advertising, "junk mail", "spam", or "chain letters;"
•    » post false or misleading information about a product or Service; or
•    » impersonate or misrepresent Your affiliation with any person or entity.

CADlance Pty Ltd. reserves the right to delete or edit any information, in whole or in part, from the Service at any time for any reason. CADlance Pty Ltd. also reserves the right to refuse access to the Service to anyone at any time without notice for any reason. However, CADlance Pty Ltd. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

7. USER REGISTRATION

To use our virtual marketplace, Users must be registered on this Website. A unique User account is assigned upon registration. Users should provide complete, factual and current information about themselves and their business when registering, verify information when prompted and ensure that information is kept up-to-date.  Under the Terms of use, the User implicitly authorises CADlance to make reasonable enquiries in order to verify any information provided by the User.  CADlance maintains its right to accept or decline registration of any applicant and to subsequently suspend or cancel any User's registration, without giving reasons.

Upon successful registration, all Australian members must provide an ABN Company Registration Number. International members must provide a VAT Registration Number. Failure to provide their ABN Company Registration Number or VAT Registration Number may result in disqualification of your registration.

In addition your company registration number you will need to provide CADlance with your company or personal email. No emails from free registries such as: Hotmail, Yahoo, G-Mail, Netscape will be permitted upon registration.

(a)  Password. Access to our Website is by means of your User ID and password and as these are valuable you must safeguard your privacy. Your User ID and password are unique to you. You are responsible for the safety and security if your User ID and password. CADlance is not responsible for the use or misuse of your User ID or password by unauthorised third party.  Only you are authorised to use your unique details and you must not permit others to do so.  Therefore any person making use of your User ID and password is, in fact, deemed to be yourself.
(b)  Subscription plans & Costs. Information on Subscription plan and costs can be found at link.  Our Website offers a number of different membership plans, subscriptions, billing options, and payment methods.  Before selecting a plan, subscription, billing option, and/or payment method you should review the information at link to determine which plan best suits your needs as cancellation of a subscription may be done at any time, but all subscription plans are non-refundable.
(c)  Bid Packs. Active Plan and Premier Plan members can purchase additional bids (“Bid Packs”) over their allotted maximum bids, and are available in different quantity groups. The amount of bids that you purchase in the Bid Packs, are extra bids.  Meaning, in addition to the Bid Packs you purchase, you still receive the fixed amount of bids from your subscription plan. Eg.30 bids (Active Plan) or 60 bids (Premier Plan).  Bid packs can be purchased when you need them, once a month or as an ongoing addition to your subscription plan, although bid packs are limited to only one per month. Bid Packs are to be used within 90 days from the purchase date.  For additional information please click here.
(d) Subscription Payments and Project Fees. Subscription payments and Project fees are to be made using any of the following methods: Paypal, e-Check, Credit Card, Bank Cheques, Money Orders, Western Union transfers, overseas bank drafts and Electronic Funds Transfer (EFT).  Subscription fees are to be paid in advance either quarterly or annually depending on the type of plan issued. Prior to your subscription ending date the CADlance system will remind and prompt you to renew your subscription.  CADlance will not automatically renew your subscription unless you have specifically requested for this recurring payment to occur via your escrow manager. Failure to pay your account on time may result in limited participation to the system. Subscription accounts will not be activated until the payment has been received and cleared.  For more information please contact us. (see more below)

(e) Additional Purchases. Additional purchases such as feature listings, profile enhancements, bid packs, advertising and project management services can be purchased at anytime. Although you will be required to have the available funds in your escrow manager to finalise your purchase. If funds are not available you will need to deposit the funds using any of the methods listed above within 30 days from the purchase date. Once the funds are active in your escrow manager CADlance will automatically debit the total amount and finalise your purchase. For items purchased via the CADlance product auction service, you will be required to make your own prior arrangements with the product vendor to establish the most effective and safest payment method. Should you wish to use the CADlance escrow services, please do so at your own discretion. For more information please contact us.

8. OUR PROJECT FEES

In return for making our subscription plans extremely affordable, we charge the service provider’s a project fee of 5% or 10% depending on the subscription plan selected upon registration. Project fees are calculated to either 5% or 10% of the final bid price accepted by the buyer in connection with a project posted on the Website. We believe that our project fees are fair and reasonable for the Service that we offer and no User of our marketplace may evade payment or directly or indirectly assist others to do so.

(a) Projects using the CADlance escrow service. Projects that have been initiated for escrow payments will have project fees charged and automatically debited from the service provider's selling escrow account. This will occur once the project is complete and funds have been released by the buyer and successfully uploaded into the service provider’s online selling escrow account balance.

(b) Projects NOT using the CADlance escrow service. The service provider is obliged to pay the project fee to CADlance. The project fee is due and payable within 30 days from the date the service provider's bid is accepted by the buyer and the service provider confirms acceptance of the project. After the 30 days CADlance will automatically issue an invoice of the appropriate project fee amount. If payments are not received within the 30 days CADlance has the right to debit the service provider’s selling escrow manager for the outstanding amount.

(c) Paying Project Fees to CADlance. The service provider shall ensure that the project fee is paid to CADlance no later than due date. In the event of any project fee not being paid to CADlance on due date, CADlance may, at its sole discretion prohibit any or all further activities by the service provider on the Website until such project fee is paid in full, including but not limited to the placement of any bid on a project and the listing of the service provider's service profile.  In that event the service provider shall not be entitled to exercise any of its rights and benefits that it may have with respect to any activities prohibited by CADlance.

(d) Australian taxes for Project Fees. Australian customers will accrue an additional 10% (GST) tax charge of the project fee total. For example, if the project fee was $10.00, CADlance will add an additional 10% (GST) charge. Therefore the total cost to you will be $11.00.

(e) CADlance Project Fee entitlements. CADlance will be entitled to receive project fees even though the service provider may not be entitled or able to claim and recover payment of the price from the buyer in terms of the project (see more below, 'Disputes between buyers and service providers').

9. CANCELLATION OR SUSPENSION OF PROJECTS

Cancellations or suspension of projects are sometimes unavoidable and CADlance understand that situations change and a project that was once urgent and important is now unnecessary. Therefore CADlance have taken the time to layout the following guidelines to insure that both parties understand their obligations to the initial agreement and are released without any further disruption.

(a) For Buyers who are seeking to cancel or suspend their Projects. Buyers who are choosing to cancel or suspend a project after 7 days will be obliged to pay CADlance a cancellation service fee of 10%. This fee must be paid within 30 days from the date the project was cancelled. For projects that have been cancelled or suspended prior to the 7 days from the awarded date, will not incur any cancellation fees to CADlance. If for any reason you think the following cancellation fees are not fair to your circumstance, please contact us with a detailed explanation outlining your reasons for objecting to pay this cancellation fee. We will review your enquiry and will decide whether to alter your fee.   

(b) For Service Providers who are seeking to cancel or suspend their project services. Service providers who are choosing to cancel or suspend an awarded project are able to do so. Although, the service provider will still be obliged to pay CADlance the initial project fee incurred as a result of the use of the CADlance matching services. The project fee will be calculated in accordance to the subscription plan selected during the registration processes, therefore 5% or 10% will apply to be paid. In addition to the CADlance project fee, service providers are obliged to deliver their services in accordance to the terms outlined on the project description for any works that have been paid and approved by the buyer. (see more below, 'Disputes between buyers and service providers').

10. PAYMENT FOR SERVICE

Paying a service provider using CADlance's payment service is easy, safe and convenient by following the instructions on this Website.  Unless you have a positive funds balance in your CADlance account (for example if money has been deposited electronically or by cheque), we will need to ask for your authorisation to charge your Paypal account for the funds due to the service provider. We have partnered with Paypal who accept VISA, MasterCard and American Express.  There are minimal processing charges for transactions made by either using the Paypal member account or the Paypal credit card possessing option. Buyers of services on our Website are able to add funds to their own accounts and make payment to service providers without intervention by the Website owners.

Authorised fund transfers to a service provider's CADlance account are final and can be accessed by the service provider, such funds are unable to be reversed or recovered as they are not held in escrow but are released to the service provider without confirmation of service delivery satisfaction.
We recommend you use our escrow service at no additional cost.  Escrow is an internationally accepted way to pay and receive funds which can give assurance to both parties in a business transaction.

(a) Payment service. Our payment service offers significant advantages to all parties concerned, makes it possible to send and receive payment electronically and in particular, enables buyers to use their credit card in order to conveniently and securely pay service providers for their services.  Payment other than through electronic transmission is also possible but obviously, in the interests of security and convenience, is not encouraged.  All processing charges are for the depositor's account.

(b) Payment options accepted. Payment may be made using Paypal, Visa, Master Card or American Express credit cards or by bank transfer into the CADlance bank account, the details of which will be provided on request.

CADlance accepts four forms of payment, which are:

Paypal

Paypal is free to sign up and is accepted by thousands of businesses worldwide and is the preferred payment method on CADlance. Pay for purchases to anyone with an email address in 103 countries and regions. You control how you pay, too: bank account, credit card or your Paypal balance to your escrow manager. With Paypal, you’re protected against unauthorized payments sent from your account. Paypal sends an email confirmation of every account transaction. Easy to sign up and easy to use, registering for a Paypal account is easy, and takes just a few minutes to complete. Once you're done, you can send your payment in minutes! If you do not already have a Paypal account, you can sign up here.
*Please note Paypal payments incur a 2.5% fee
                           
Credit Card Payments

CADlance have partnered with Paypal who accept credit card payments from VISA, MasterCard and American Express. You can choose to pay with this method directly to deposit funds into your escrow manager on CADlance.
*Please note Credit Card payments incur a 2.5% fee

Electronic Funds Transfer – (EFT)

CADlance allows you to pay using EFT from your bank provider. Members can choose to pay with this method directly to their escrow manager on CADlance.

Cheques

CADlance gives you the option to pay using cheque, as we accept Bank cheque, Business cheque or Money Order.  Members can choose to pay with this method directly to their escrow manager.  To do this, members will need to send a cheque to CADlance via mail (PO Box 161, Fairfield 3078, Victoria Australia) where our administration team can deposit the cheque on your behalf to your  escrow manager .  You can also use this method to pay for purchased services on our system to CADlance.  Members may find this payment option preferable as payment structures may already be in place for using cheques as an alternative to online payments.  For security purposes this option can only be used in Australia.
*Please note dishonoured cheque payments incur a $45.00AUD fee.

In summary you are able to pay using cheque, or transfer funds to your escrow manager on CADlance via Credit Card/Electronic Funds Transfer, through Paypal or directly to CADlance on our secure online payment system.

(c) Credit card acquiring and security. Credit information that you and credit authorizers provide when you make payments by credit card will only be used to process the transactions you request. Credit card transactions will be acquired for CADlance by Paypal, who will act as the approved merchant provider and payment gateway for the CADlance system. No credit card details will ever be stored on the CADlance Website. All transactions via Paypal use one of the highest form of SSL encryption technology and Users may wish to view their security certificate and security policy here.

User details separate from card details

User details will be stored by CADlance separately from card details, which will be securely stored by Paypal. At no point will credit card details be stored on any of the CADlance servers.

(d) Merchant outlet country and transaction currency. The merchant outlet country at the time of presenting payment options to the cardholder is Australia. Transaction currency is AUD (Australian Dollar).

(e) Taxes. For all Australian customers a 10% GST will apply to all transactions.  All other Users are responsible for meeting their respective tax liabilities arising out of any transaction(s) carried out on CADlance.

(f) Our bankers. The proceeds of all payments are dealt through Paypal using its advanced and secure electronic merchant system and payment gateway.  We use the services of Paypal and St George Bank exclusively for all our banking needs and requirements.

(g) Bank Interest. Interest that accrues on deposits as a result of timing differences between the deposit of funds and payment of the proceeds made to a service provider shall be for the account of CADlance.

(h) Charge-backs. In the event of a charge-back or recovery from the buyer's credit card issuer or CADlance's bankers after CADlance has paid the service provider on the buyer's behalf, or in the event of an erroneous or duplicate payment made to the service provider regardless of reason or fault, the service provider shall reimburse CADlance in full on demand together with interest calculated at the same rate charged by St George Bank to CADlance on overdraft account.

(i) Escrow service. CADlance provides Users with escrow payment options to ensure projects can be completed without being affected by financial matters. An amount can be deposited into CADlance’s escrow account for any specified service provider, and buyer and service provider can then view the deposit in the escrow account. Only the buyer can complete the payment to the service provider, from the escrow account. Only the service provider (and CADlance itself) can cancel or reverse this escrow payment, thus allowing each contracted party fair control over payment (or part payment) for a project.

Upon completion of a project, the buyer transfers the money to the service provider. In the event of a project being cancelled by Agreement, the service provider can cancel the escrow payment, thus returning funds to the buyer's account. Should there be a dispute over a project, CADlance must be contacted before any funds are moved from the escrow account.

CADlance strongly encourages use of the escrow system, because it is a secure way for both contracted parties to avoid any hassles from an otherwise mutually beneficial project.

Manage your escrow payments by logging in to your account and accessing the escrow menu below the project list.
Message support with any questions about the escrow service.

In the event CADlance determines that it can not make a decision to cancel or reverse an escrow payment, or what percentage of escrow funds should be released as partial payment for a project that is partially completed, CADlance may file an Interpleader action with the court of its choice, deposit the escrow funds to the court, and request that the court determine how the funds are to be dispersed.

(j) Termination of use of payment service. CADlance may at any time at its discretion, stop any person from using the payment service without giving reasons; including without limitation, violations of the Terms and Policies of CADlance.  CADlance may modify any elements of the payment service or discontinue this service at any time and without prior notice; provided that if CADlance decides to modify or discontinue the payment service, then CADlance will post the new Terms or such notice of changes without undue delay.

(k) Getting paid as a service provider. When a buyer remits funds to your CADlance selling escrow manager, you may simply:

(Australia customers)

•    » Request an electronic transfer to your bank account
•    » Request a direct deposit into your Paypal account
•    » Request a money order to be posted to you
•    » Request for a business cheque to be posted to you

Australia customers using the methods listed above will not pay fees for retrieving funds as mentioned. Other methods can be arranged upon customer requests although fees may apply.

(Customers outside of Australia)

•    » Request an overseas telegraphic transfer to your bank account ($20AUD)
•    » Request a direct deposit into your Paypal account ($0)
•    » Request a money transfer via Western Union (Fees vary please contact Western Union)
•    » Request a Western Union money order to be posted to you ($10AUD+5% of the value)
•    » Or request for a bank draft to be issued ($20AUD regardless of currency or the amount)

Customers outside of Australia will pay CADlance the fee listed above, according to the method requested for fund transfer. Other methods can be arranged upon customer requests although fees may apply.

Cheques will only be made out in your name, crossed and endorsed "not negotiable" and posted to the address provided by you when you registered.  This is on account of the anti-money laundering laws with which we are obliged to comply.  You accept the risk of the cheque being lost or stolen in the post and our responsibility ends once the cheque has been posted to you. We are entitled to deduct our project fee or membership fee from the proceeds of any funds transferred to your CADlance escrow manager before making payment of the balance to you.

Both Australian and oversees customers may only request for funds over $100AUD and for security reasons, first time transfers will be split into partial payments that do not exceed $1000AUD at a given time.

Electronic transfers within Australia and any request for Paypal transfers will be processed within the first 12 hours from the time we have received your request either by email, post, phone, fax or electronically. For oversees bank transfers, Western Union or any requests using either cheques within Australia or oversees will only be processed every Tuesday of the week (AEST, GMT+10).

Making a request for funds, in any of the methods listed above either Australian or oversees customers, can be carried out in any of the following ways:

•    » Using the "Withdraw Funds Option" under the accounting section in your CADlance control panel. Select your preferred method and we will be notified immediately with your request.
•    » Contacting CADlance either by phone: +61 (03) 9016 0504 fax: "coming soon" or email: here
•    » In writing to CADlance, PO Box 161, Fairfield 3078, Victoria Australia.
•    » Contact us via Skype for free using the our escrow manager : CADlance

(l) Failure to pay a service provider. Failure to pay a provider for services properly and correctly rendered is a serious transgression and will not be tolerated by CADlance.  In that event the buyer may become liable to pay legal costs and interest at the instance of the service provider, and we may suspend or terminate the buyer's registration, co-operate with the service provider to recover payment and make a report to credit agencies about the buyer.

(m) Prevention of money-laundering. We are obliged by law to secure our payment service from abuse by money launderers.  Payments may not be processed unless they are legitimately associated with a live project between a buyer and contracted service provider on our Website. Buyers are permitted to request repayment of deposited funds subject to us being satisfied that:

•    » the request is made in good faith;
•    » the funds were intended for a specific project posted on our Website;
•    » the project has been temporarily postponed or cancelled with the selected service provider's consent;
•    » no lawful impediment exists to prevent us from making a refund.

11. VERIFIED LICENCE AND CREDENTIALS

(a). Verified Licence. Service Providers that choose to list their business and become a Verified Licence User, provide a guarantee to buyers that they are selecting with confidence by choosing a service provider with legitimate software.  Your CAD software details are displayed in your business’ Selling Profile, which is viewed by potential buyers. For further details click here

(b). Verified Credentials. Service Providers may choose to verify their credentials, and provide a guarantee to buyers that they are selecting with confidence by choosing a service provider with legitimate credentials.  Your educational background is displayed in your business’ Selling Profile, which is viewed by potential buyers.For further details click here

(c). Service Providers Warranty and Liability. Service Providers that choose to become a Verify License User and/or who chose to verify their credentials are asserting and assuring their clients, customers, and potential buyers that they have obtained the necessary rights and permissions to use the necessary CAD software, have legal copies of the necessary CAD software and the right to make, use, sell, and distribute the work product created by the CAD software.  All licensed and/or verified Service Providers warrant that the delivered CAD product is free of defects and guarantee the merchantability of the software product for its intended use.  Any breach of this Warranty is the result of the Service Providers action and a Buyer may only take action against the Service Provider.  CADlance assumes no responsibility or liability for actions taken by Service Providers whether licensed, verified or otherwise and can not be held liable for such actions.

12. REFERRAL FEES

CADlance automatically provide you with a referral code, via a tagged URL, when your User registration is completed.  Other Users, who have clicked through to our Website using your code, will be identified and linked to your referral code.

We pay you a referral fee as a result of the subscription fee earned from service providers whose business on our Website came from the linked referral. Payments are made to you by crediting your CADlance escrow manager as soon as the subscription fee is received from the service providers. The following conditions will prevent you from qualifying for a referral fee: if we are unable to verify your referral code is linked to a service provider; if a service provider had previously purchased services from CADlance. For further details click here

13. CIRCUMVENTION OF CADlance's PROJECT FEES

Users and Website visitors must not attempt to or evade payment of our project fees or circumvent us.  That includes but is not limited to the following:

•    » offering to service a buyer directly who has placed a project through CADlance, by avoiding the Website to place a bid and accept an award;
•    » defrauding us by concluding a transaction at a higher price than that agreed on the Website and failing to report the increase to us;
•    » failing to report subsequent contract price increases to us after the project bid is accepted through the Website;
•    » placing low value or placeholder bids, with disproportionately high final project charges;
•    » advertising, 'spamming' or offering services to the buyer outside of CADlance;
•    » inviting or soliciting direct contact and avoidance of the Website in order to buy and sell services outside of CADlance.

Attempts to evade paying our project fees are simply dishonest and unlawful. Users who do that, or aid and abet others to do that, will be barred from using the Site and may even be sued.

14. SECURITY

Although we may provide certain security in an effort to protect the electronic transmission of certain information that you submit to us through this Site, we do not guarantee the security of any information transmitted to or from this Site.
If you make a credit card payment, through CADlance, you will be automatically directed to our third-party payment gateway known as Paypal. They are responsible for their own secure connection, so always check that you see the padlock at the bottom corner of your browser before entering credit card details on their Site.

15. COMMUNICATION POLICY

Buyers and service providers are not permitted to make direct contact with each other until after a project is awarded.  For example, Users may not indicate their e-mail address in any part of the project posting process, apart from the "e-mail" field of the signup form.  Once a project is awarded e-mail addresses are automatically exchanged between buyer and service provider, by the CADlance system.  The on-line message board system can be used for communication in the meantime, giving Users a public or private messaging capability, which should be sufficient for early project planning and dialogue. It is also a free and simplified way for service providers to display their work and skills for other prospective buyers to see.

The above prohibition applies equally to posting e-mail addresses plus all other means of direct contact outside of this Website; such as URL address, telephone number, ICQ, AIM, MSN Messenger and more subtle or obscure posting detail. Advertising your own or any other Website contact description on CADlance is expressly not permitted. If you attempt to do so despite this warning, your account and relevant electronic documentation will be removed.
Following the awarding of a project, the buyer and service provider may communicate freely via the Private Message Board Service or other convenient means by which to complete their business.  The PMB becomes a permanent record of communications and Agreements between parties, which can be accessed subsequently if any dispute arises between buyer and service provider (see more below).

The prohibition against pre-project communication is designed to protect the integrity of this marketplace so that all Users can benefit from the technology. Thus, we rely on Users to abide by the rules in these Terms and Conditions without exception, enabling them to employ a range of business facilities at very minimal cost outlay.

16. POSTING INFORMATION

Registered Users may post a wide range of data (for example information, text, files, links, attachments, software or other material) to public- as well as limited-access areas of this Website.  What may not be posted on this Website are: logos, seals or slogans from third parties; unless our express, written consent has been given for these (for any related enquiries go to support).

To preserve copyright requirements, Users warrant that the owner of any posted data has permitted its use in the way it appears on our Website,
Only factual and completely verifiable data may be posted on our Website. Please post only true, accurate and current data.

You are forbidden from posting or transmitting to or from this Site any confidential, unlawful, obscene, threatening, libellous, defamatory, pornographic, racist, or other material that may violate any law in your country or territory, including without limitation the trade secrets, copyrighted material, trademarked images, or any rights of third parties.

17. FEEDBACK

We encourage all Users to post feedback about their experiences and dealings with either a buyers/service provider in regards to completed projects. Feedback should consist of comments about performance only. Average ratings will be automatically calculated by the Website software, with each User’s rating mark being on display every time that User’s profile is projected in the public arena on this Website.  It is in the interests of Users to build their profile and reputation on CADlance as a means to growing business clientele, while at the same time giving prospective buyers or service provider’s opportunities to make direct comparisons with other like businesses. 

Any feedback should be genuine and not in the least disparaging towards the CADlance Website, as the Site owners do not monitor or censor the feedback or investigate its authenticity.  However, we do give buyers and service providers the opportunity to post responses to negative feedback, if any, and we reserve the right to remove any or all comments at our discretion.

No User may post defamatory information about other Users, or the Website administrator, as they can be liable in law for damages.  Both User parties indemnify and hold us harmless in the event of any such information being posted.  To be fair on all Users, we reiterate the importance of only posting genuine feedback. (See also 'Feedback policy').

18. USER OBLIGATIONS

(a).  By visiting this Website and using the range of Services herein, you agree to have regard to Users’ obligations which include the following:

•    » do not infringe any relevant laws or regulations;
•    » refrain from accessing or tampering with private and authorised-only areas of the CADlance Website;
•    » do not interfere with the postings of any other User;
•    » do not post logos, seals or slogans from third parties; unless our express, written consent has been given for these;
•    » no soliciting or mining of any information from the Website, such as names, products and e-mail addresses, for commercial or other purposes including unsolicited advertising, spam and chain letters;
•    » do nothing that may generate an overload on our Website and our offsite servers;
•    » no unauthorised framing or linking to our Website unless expressly permitted in writing by CADlance;
•    » do not misrepresent or disguise your association with any other person or entity;
•    » do not post or transmit data that may infringe a third-party's intellectual property rights or their rights of publicity or privacy;
•    » do not post or transmit data about products, Services or people, that is unlawful, false, fraudulent, harassing, libellous, abusive, defamatory, threatening, pornographic, harmful (including but not limited to viruses and worms, corrupted files or any other similar software or programs), excessively disparaging of us or other Users or similarly objectionable material;
•    » do not violate any of the Terms and Conditions posted here or in any other area of this Website;
•    » after receiving a warning from us about anythingwhether or not related to a prohibited actionyou must not repeat such an action: this includes but is not limited to using our Website under the same User account or registering under a new account after your registration has been suspended or terminated;
•    » you must respond quickly and decisively with any messages received from us about violations, disputes or complaints.

(b).  Buying and selling Services and products on CADlance

Users shall:

•    » at all times operate under the Terms posted on our Website or which may be communicated to you when you post or bid for projects;
•    » be committed to their stated project Terms in the case of buyers, and the bidding parameters in the case of service providers.  In essence, the successful signing off of a project involves a buyer agreeing to purchase services or products and the service provider agreeing to deliver the Services or products, totally in line with the Terms of the accepted bid; any modifications to the original Terms should of course be agreed before final acceptance;
•    » without delay advise us of any increase or decrease in the final project price; we will calculate the difference in the project fee amount and refund or invoice you as appropriate.

19. PRODUCT AUCTIONS

We provide product auction Services to all registered Users. This service is currently provided free of cost but CADlance reserves the right to convert this service to a paid service at any time. We will inform you when we convert this service to a paid service. CADlance will screen all products listed for auction and reserves the right to refuse to list any product without assigning any reason. Auction listers and buyers are responsible for making payment for the products sold and purchased at such auction. You agree not to hold CADlance responsible for any failure on the part of an auction buyer to make payment for the product. The listing of a product for auction does not signify CADlance’s approval or endorsement of the product. CADlance makes no express or implied warranties or representations about the products listed for auction. (See also ‘Additional Purchases’).

20. ELIGIBILITY, SUSPENSION OR CANCELLATION

CADlance maintains the right to accept or reject the registration of any User and associated Services, at its discretion. 
Temporary suspension or cancellation of a User’s access to Services on this Website will occur if, in our opinion, you have infringed the Terms or acted contrarily to the intent or purpose of this Website.

Should your access be curtailed as described above, you will not have access to any subscriber-only areas on the Website including use of your own account.  Data on your account may also be removed.

21. GENERAL

(a) Concerning our Terms:

•    » should any section be held to be unenforceable in law, the unenforceable section shall be ignored and the remaining Terms shall retain their lawful force and effect;
•    » only CADlance can change or cancel these Terms, and validation is binding on all Users upon notification in writing by us;
•    » any delay or default by CADlance to enforce rights or remedies shall not be construed as a waiver of its subsequent rights;
•    » there are no other Terms and Conditions relating to the CADlance Website apart from those appearing in this posting;
•    » these Terms and conditions, and the general Website, shall be governed by Australian law and Users agree that the jurisdiction of the courts of Australia must apply for arbitration of disputes in between parties in this connection.

(b) Contact. The registered User's e-mail address, plus the physical address if any, supplied to CADlance on this Website shall be its contact point for all purposes relating to the use of CADlance.com. We will direct all communications to the email address electronically in the normal course at our discretion, or by standard postage depending on the circumstances.  Electronic communications shall be deemed to have been received by the User within 24 hours of dispatch by CADlance or its agent. In the case of postage, receipt is deemed to have occurred within 5 days, unless non-receipt is clearly proven.
For the avoidance of any doubt for communications to CADlance, our electronic address is at support, and the physical address is indicated on the Contact Us page on this Website.

(c) About us. To find out more about CADlance, please go to the About Us page on this Website.

22. DISPUTES BETWEEN BUYERS AND SELLERS

CADlance is not a party to contracts between buyers and service providers.  Therefore CADlance will not actively arbitrate in service disputes between buyers and service providers, or regarding payments owing by buyers. If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Although we will endeavour to remain impartial, CADlance may at its discretion, and without obligation, control the release of funds from the escrow account in order to withhold or defer payment, or to delay a refund while a dispute between buyer and service provider is resolved.

CADlance asserts its right to recoup and retain our project fee, regardless of the existence or outcome of any dispute between a buyer and a service provider.  In this respect, a service provider may not withhold payment of the provider project fee simply because of a dispute with a buyer – for any reason including, but not limited to, failure of the buyer to pay the agreed price to the service provider.

(a) Dispute resolution service. Notwithstanding our neutrality, should a dispute arise between Users of this marketplace over a matter relating to a project posted on the CADlance Website, we will be happy to help the parties resolve the issue as quickly and fairly as possible.

In such an event, the Agreement of both parties would be required before our being involved. If one of the parties declines our assistance we will not be able to help unilaterally.

The following disputes procedure needs to be adhered to: First, each willing party must message the moderator for assistance. Give complete details about the nature of the dispute. The moderator may ask for more details if required.

The moderator will decide whether any assistance can be given. If not, you will be informed quickly. If assistance can be given, that decision will be messaged to you, along with some initial ideas on how we see the dispute being settled.
Some of the specific rules in this process are:

1.    » after our assistance has been requested by both parties, we are committed to resolving the dispute. Neither party can withdraw their request for help once the process has started;
2.    » participants in a dispute must accept our decision as final and binding. It is not practicable for this Website to be used as a quasi-judicial forum, so no appeal or further discussion will be considered: in essence, if it is decided that a service provider has adequately performed or conversely did not fulfil the Terms of a project, the buyer’s payment is to be released or denied, as appropriate. Accordingly, CADlance will release funds in escrow to the service provider or refund funds to the buyer, as appropriate
3.    » CADlance will not engage in correspondence or discussion with Users or associated third parties such as legal advisers, except at our initiative or invitation
4.    » any decision made by us is in good faith and we act to settle a dispute only as experts in the Engineering field, and not as arbitrators, judges or mediators.   
   
   This dispute resolution service is free to Users

23. THE CADlance MODERATOR

The CADlance moderator ensures a dynamic and fair marketplace, by being vigilant over many business elements, such as:

•    » being alert to ensure activities in the marketplace are above-board;
•    » ensuring strict compliance with these Terms, conditions and Policies;
•    » helping to cultivate a climate for business and professional services to flourish efficiently in an open environment.

Our moderator welcomes any input from the CADlance community, by way of messaging with useful ideas plus violation reporting at moderator.

What must I do if I am contacted by the CADlance Moderator?

Our moderator broadly monitors the Website and may have occasion to contact Users for a variety of reasons. If the moderator contacts you about violations of the Terms and Conditions or foreseeable problem areas you are required to respond within 24 hours, or your project may be suspended and your registration terminated. Temporary removal of a project because of a lack of detail might be considered by the moderator, who may also offer suggestions for improving the quality of project descriptions and bidding requirements. 

24. FEEDBACK POLICY

CADlance’s feedback system allows buyers and service providers to rate each other as they complete business transactions. Each User’s rating mark is displayed publicly as part of the User profile on the Website, and CADlance has no monitoring role nor can it investigate the comments posted by Users for authenticity.  Although we closely monitor the feedback “rating score” received from consumers. Each registered member must maintain a minimum rating of 3 out of 5 stars. If their rating falls below this level then the member must show cause as to why it should remain on CADlance's register.

Please ensure that feedback or other comments regarding CADlance Users or other third parties is genuine.  Note that you may be responsible in law for damages suffered by other CADlance Users or third parties as a result of defamatory remarks. Users (i.e. buyers and service providers) indemnify and hold CADlance harmless in the event of any such information being posted.

No action should be taken that negates the value of feedback as a business tool, in particular but not limited to these factors:

•    » · posting false feedback on your account or for another User: may include the use of a secondary CADlance username or collusion with other members, artificially raising your feedback rating; or creating false negative feedback, thus lowering the rating for someone else;
•    » · threatening comments: this involves an element of inducement outside the bounds of fairness, to the point where an inferred threat of negative feedback is made on the back of an expectation to perform an action that is outside the Terms of contract;
•    » · solicitation of feedback: includes, for buyers and sellers, bidding to buy or sell services simply in return for a feedback posting, or trading unearned feedback.

Any violations of this policy could result in your current projects being suspended and your User registration being terminated.  If you believe there are situations which may potentially come into conflict with this policy, reporting to moderator is encouraged.
The feedback system is integral to the core functioning of CADlance and we assert our right to assure Users that we will remove feedback from the Site when appropriate.  Please message moderator with instances of inappropriate feedback under any of the following descriptions, and provide details for moderator to investigate or take action:

•    » you have a binding court/mediation decision requiring CADlance to take some action;
•    » the feedback and other documentation posted appears to be for data mining of contact information, e.g. e-mail addresses, where the sole purpose is for spamming and unsolicited advertising material;
•    » the feedback and other documentation posted consist of foul or vulgar language or include inappropriate ‘adult-only’ material.  As this is a professional Website, insulting or derogatory language using Terms such as "cheat, scam-artist, thief and the like" is not tolerated and is likely to be removed from the Site;
•    » the feedback and other documentation was placed by a minor, or  by businesses who operate under false pretences;
•    » the feedback and other documentation posted is unrelated to business transacted through CADlance;
•    » the feedback and other documentation posted refers to disciplinary or enforcement action taken (or supposedly taken) by CADlance or any law enforcement agency;
•    » you provide CADlance with a court order or mediation finding that any feedback under dispute is slanderous or libellous, or otherwise inappropriate, or supply an alternative posting document which resolves any such dispute to the satisfaction of all parties;
•    » contact information at the time of registration was false and the User cannot be contacted by CADlance;
•    » any feedback material was posted by mistake and was supposed to be for another User (subject to the poster of the incorrect feedback confirming this to CADlance);
•    » the feedback material is likely to be for a sinister purpose in the opinion of CADlance and does not present a bona fide, true or fair reflection of a User.

25. GENERAL CONTENT POLICY

Posting or transmission of material on the CADlance Website under any of the following conditions is strictly prohibited:

•    » any content that violates CADlance’s Terms;
•    » Spyware software that enables a User to gather and transmit information about files and data on, to or from another computer, without the knowledge of the other computer’s owner.  Some Spyware is permissible in its innocuous form as a simple tracking tool for marketing purposes, but consent must be received by CADlance Users before the software is used within the CADlance Website.
•    » Adult-only, pornographic images, pictures and animations;
•    » excessively disparaging comments about a service provider, buyer or CADlance.com that is outside the bounds of honesty and fairplay;
•    » attempting to bypass the CADlance buyer/service provider process in an underhand way by solicitation or other means, to persuade Users to buy or sell Services directly outside the CADlance Site.
•    » sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other Website or in any environment of networked computers;
•    » transfer the Content to any other person without our prior written explicit consent;
•    » use this Site in any manner that could damage, disable, overburden or impair this Site;
•    » upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
•    » interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked Sites;
•    » infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
•    » do not disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked Sites;
•    » use any automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
•    » use or attempt to use another's account, password, service, system or other information without our prior written, or create or use a false identity on this Site;
•    » transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
•    » upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libellous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services; or
•    » attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.

Any violations of these Terms could result in your current projects being suspended and your User registration being terminated.  If you believe there are situations which may potentially come into conflict with this policy, please message moderator.

26. MESSAGE BOARD POLICY

You agree to follow these guidelines when you post messages to the CADlance Public and Private Message Boards:

•    » be business-like and professional, without making derogatory comments about other Users or projects, or the CADlance Site;
•    » keep all dialogue strictly to the point of the relevant project;
•    » avoid using a project solely as a means to market and offer services or products uninvited. 

Any violations of these Terms could result in your current projects being suspended and your User registration being terminated.  If you believe there are situations which may potentially come into conflict with this policy, please message moderator.

27. BIDDING POLICY

You agree to these guidelines when placing bids on CADlance:

•    » when you place a bid for a project it must fully reflect your total commitment to the project, and be indicative of the time you require to deliver a quality result for the buyer;
•    » placing a bid must reflect agreed changes to the contracted price, the project completion date or variations in project parameters;
•    » every bid should be based on the premise that the buyer is serious, so all elements of the bid including price should be realistic;
•    » use the Public Message Board if you require more information on a project. You can either make a tentative bid and then ask relevant questions in the PMB, saying that you may alter your bid if appropriate; or wait for answers to your questions in the PMB, and then place your bid;
•    » customise your bid for every project rather than use a ‘template’, as this shows your seriousness to the buyer;
•    » quid pro quo Service offerings, for either good feedback or for free are not recommended;
•    » reply promptly to private messages from a buyer;
•    » respond within 24 hours to messages from CADlance.

Any violations of these Terms could result in your current projects being suspended and your User registration being terminated.  If you believe there are situations which may potentially come into conflict with this policy, please message moderator.

28. PROJECT POLICY

You agree to these guidelines when posting projects on CADlance:

•    » projects must be genuine, and posted with every intention to contract with a service provider. No project may be posted which is only used to test the market or to gauge pricing competetitiveness;
•    » projects should only be offered on a value-for-money basis. CADlance is not a venue for bartering of Services, sales  commission or other equity sharing schemes which do not rely on tradable products or Services rendered;
•    » free Services and free products are not marketed on the Site;
•    » products and Services must not be offered on the Site as projects when in fact they are simply an advertising ploy;
•    » projects should not include offensive or objectionable material.

Any violations of these Terms could result in your current projects being suspended and your User registration being terminated.  If you believe there are situations which may potentially come into conflict with this policy, please message moderator.

29. NON DISCLOSURE AGREEMENTS

One of the security features added to the CADlance system, is to facilitate the electronic and hard-copy signing of Non Disclosure Agreements (NDA) between third parties that agree to jointly provide engineering Services. If you believe the professional will be exposed to any proprietary or confidential information during the project, it may be in your best interest to have the professional sign a confidentiality or non-disclosure clause or Agreement.  This clause or Agreement will protect your company and trade secrets by prohibiting the release of such proprietary or confidential data during and after the project.

The generic NDA text utilised is not over-complicated for any of our customers to navigate with ease. It is not our responsibility to ensure the text contained in the online NDA is suitable for each User’s requirements - the onus is on the User to do so.  Enforcement of the conditions of any NDA signed by third parties, either electronic or on external hard copy, is also the User’s responsibility.  CADlance holds no record of signed documents or liability for contravention of Non Disclosure Agreements by any party, nor is CADlance liable for NDA text and applicable conditions not meeting any User’s requirements.  To obtain a Non Disclosure Agreement click here to visit our Resource Centre.

30. WORK FOR HIRE AGREEMENT

A feature service of CADlance system is to facilitate the electronic and hard-copy signing of Work for Hire Agreements (WFH) between third parties that agree to jointly provide engineering services. Should a buyer wish to gain ownership and copyright protection for works, he/she must request that the service provider sign a written transfer of copyright ownership.  This document is available on the CADlance system in the Resources page.  Buyers are prompted in the RFP (Request for Proposal) creation section, to select whether or not they require a transfer of copyright ownership document to be attached to the RFP.  If a buyer does request that the project remains the property of the employer, the document will need to be electronically signed by the service provider prior to beginning any work.

The generic WFH text utilised is not over-complicated for any of our customers to navigate with ease. It is not our responsibility to ensure the text contained in the online WFH is suitable for each User’s requirements - the onus is on the User to do so.  Enforcement of the conditions of any WFH signed by third parties, either electronic or on external hard copy, is also the User’s responsibility.  CADlance holds no records of signed documents or liability for contravention of WFH Agreements by any party, nor is CADlance liable for WFH text and applicable conditions not meeting any User’s requirements.  To obtain a Work for Hire Agreement click here to visit our Resource Centre.

31. LINKS

The Site contains links to other web Sites or resources. You acknowledge and agree that CADlance Pty Ltd. is not responsible or liable for (a) the availability or accuracy of such Sites or resources; or (b) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked Site. You use the links at your own risk.

32. MISCELLANEOUS TERMS

This Agreement shall be interpreted in accordance with the laws of the Victorian Government without regard to its conflicts of law principles.
You and CADlance Pty Ltd. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.  CADlance and Users are independent contractors, and nothing in this Terms and Conditions shall be deemed or construed to create, or have been intended to create a partnership, joint venture, employment or agency relationship between the parties. You agree that you neither have nor will give the appearance or impression of possessing the legal authority to bind or to commit CADlance in any way except as provided in this Terms and conditions.

This Agreement may only be amended as provided in the Introduction. 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. At any time upon request by CADlance Pty Ltd., you agree to sign a non-electronic version of this Agreement.

In the event that any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be severed from this Agreement, and the remainder of this Agreement shall continue to be valid and enforceable.

This Agreement's section headings, bold text, and capitalized text are included for convenience only, and shall not limit or otherwise affect the Terms of this Agreement.

This Agreement is the complete and entire statement between you and CADlance Pty Ltd. with respect to the subject matter hereof.

This Terms and Conditions are subject to modifications and amendments by CADlance at any time in its sole discretion. The modifications and amendments will be posted on the Site. It is your responsibility to review the Site from time to time for any modifications and amendments.

Headings are inserted for the convenience only and are not to be considered when interpreting this Terms and conditions.

With the exception of CADlance’s officers, directors, agents and employees, this Terms and Conditions is not intended to confer any rights or remedies upon any Persons other than CADlance and the User.

CADlance will not be considered in default of this Terms and Conditions or be liable for damages, for any failure of performance occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labour dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control.

This Terms and Conditions supersede any other Agreement or understanding, written or oral, that the parties hereto may have had with respect thereto.
All representations made by you shall survive the termination of this Terms and Conditions and shall remain in full force and effect. All of CADlance’s rights and privileges, to the extent they are fairly attributable to events or conditions occurring or existing on or prior to the termination of this Terms and conditions, shall survive termination and shall be enforceable by CADlance and its successors and assigns.

This Terms and Conditions are personal to you and you may not transfer, assign or delegate your rights under this Terms and Conditions to anyone without the express written permission of CADlance. Any attempt by you to assign, transfer or delegate this Terms and Conditions without the express written permission of CADlance shall be null and void.

You are responsible for compliance with applicable local laws, keeping in mind that access to the Site Content may not be legal by certain persons or in certain countries.

COPYRIGHT POLICY

Copyright © 2007 CADlance Pty Ltd. All rights reserved.

All material on this website is protected by copyright. No part of this information, software or any other resource, may be reproduced, translated, transmitted, displayed or stored electronically in a retrieval system for public or personal use without the written permission of the publisher, CADlance Pty Ltd. All materials and resources downloaded from this site must acknowledge CADlance Pty Ltd as the primary source, and suitably display the original copyright notice. CADlance, the logo, and the ‘Access Global Talent’ tagline are all registered trademarks of CADlance Pty Ltd.

PRIVACY POLICY

Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Website.  Our privacy policy below is to be read in conjunction with, and forms part of our Terms of use.

CADlance shall take all practicable steps to safeguard the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000. This Act may be downloaded from here.

Links to other Sites. You are responsible for ascertaining the privacy Policies of Websites linked to us when you access those Sites, because by clicking on a hypertext link to another Site the Terms of the CADlance Site no longer apply to you.  It is advisable to note the active Internet Site you are on by checking the URL at the top and/or bottom of your browser, and then read their Site’s privacy policy when interacting with it.

Useful Website Links. CADlance provides useful links to other Websites as a convenience to you. CADlance does not control any of these linked Sites and we do not monitor the content of linked Websites. The inclusion of a linked Site does not imply our endorsement of any Site nor direct or indirect association with the owners of such Sites. You are encouraged to carefully assess the credentials of any dealers or consultants, who offer you Services,

Links. Companies and individuals wishing to provide a link to the CADlance website from their own Website, or publish material using our business collateral, may do so providing that:

•    » You can contact us here with your enquiry. Your enquiry must have as much information about your request and a URL link to your company’s home page, if necessary please include a short description about your line of business.
•    » All registered CADlance trademarked logo is depicted and the URL directs Users to the CADlance home page. We take no responsibility for the content or information available on those Websites containing a link to the CADlance website.

Advertising Material. Responsibility for the content and placement of advertisements appearing on this Website (including hyperlinks to advertisers’ own Websites) rests exclusively with the advertisers. Display of such advertisements does not imply any recommendation or endorsement by CADlance Pty Ltd of an advertiser’s products, and each advertiser is responsible for any representations made in its advertisement to the extent required by law.

The CADshare workspace. Our Website provides a private workspace where buyers and service providers can share information once a project has begun.  This is different to the public space (message board) where anyone can see messages that have been posted, and can therefore exchange communications with the buyer. Although the private workspace can become a built-in record of discussions and Agreements, with total confidentiality between the parties, CADlance reserves the right to monitor the workspace if we believe that Users are violating our Terms or any law or government regulation.

INFORMATION WE GATHER:

Registration. Upon your registration on the CADlance Website, we automatically collect and store information to identify you and your account. Specific information includes your full name, your business’ name, physical address, e-mail address and contact phone number.  A unique User ID and password will be generated at that time, verifiable by means of a confirming email, thus allowing you free access to the Website and immediate participation in our referral programme.

As a registered User of CADlance Pty Ltd., you can order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our Services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and Services.

At certain parts of some of our Sites, only persons who provide us with the requested personally identifiable information will be able to order products, programs, and Services or otherwise participate in the Site's activities and offerings.

We also may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows '95 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink).

Online surveys and contests. From time to time CADlance will conduct online surveys to gather information about usage patterns and customer preferences.  These surveys are entirely optional and your responses will remain anonymous as data gathered is aggregated by subject matter, not by personal detail.  In a similar way, competitions may be conducted for selected Users, or perhaps for new Users or even non-registered Users, where we will ask for contact and generalised information such as name, e-mail address and mailing address.  No information is shared with third parties, other than in aggregated form for statistical purposes.  Any information we collect at registration and via online surveys is to help us improve our Service range and to gauge how the needs of Users can best be met.  Targeted advertising directly to you is one of the methods we use to let you know about our Services. We will only disclose information, gathered from competition entrants, to third parties when necessary to enable prizes to be distributed and for other administrative reasons such as notification of results.

Automatically gathered information. CADlance uses common methods for collection of technical data which includes the ability to automatically record your browser type and browser software version. This helps us to customise the presentation of our Services to your platform and to track your general activity on the Website, which includes logging the pages that you view and the time spent in each area of the Site.  CADlance uses cookies, which are small text files we insert automatically into your browser, that help Users to interact with our Website smoothly.  This technology allows you to move between areas of the Site without having to re-login at various stages. However, Users always have the option of disabling cookies via their browser settings, but if cookies are disabled, you may find that some of your activity on our Website may not be as fast or as effective.

Our web server software also maintains a log file of the IP addresses of computer Users who access the Website.  IP address information is not normally linked to personal data, but that information can be cross-referenced as necessary for identity verification purposes if there is a need to institute compliance measures under our Website Terms and conditions.

E-mail to friends and referral programme. CADlance provides a facility for you to easily notify details of posted projects, and the supply of other Services, to friends via e-mail. When using this facility, each of your friends’ e-mail addresses will be used on a once-only basis to enable the posting to be sent to them.  Your personal e-mail address is automatically copied onto the message to indicate that it is a ‘referral’; or alternatively the message can be sent under your name, also as a ‘referral’.

Your public profile. In the User Registration section above, you are advised to set up a profile describing your personal and business experience.  Adding other information, which could include your qualifications, may be useful for buyers/sellers to judge their compatibility in a potential business relationship.  Of course it would be prudent for you to have at least some experience in a particular category related to the projects you bid on. 

HOW WE USE INFORMATION :

Registration information. Personal Information means any information that may be used to identify an individual, including, but not limited to, a first and last name, a home or other physical address and an email address or other contact information, whether at work or at home. In general, you can visit the Site without telling us who you are or revealing any Personal Information about yourself. However to use certain Services of the Site, you must provide us with your personal information.

Your personal information is used by CADlance for advising you via e-mail of Service enhancements, and providing you with a business Service relating to e-commerce transactions undertaken on the website.  There may also be occasions when we are required by law to disclose your information.  Under no circumstances do we rent or sell personal information to third parties without your express consent to do so.

The CADlance newsletter is provided regularly, on an opt-in basis.  We believe in providing our readers with informative and interesting topics particularly about new innovations appearing in the engineering industry.  On each newsletter there is an opt-out button where you can UN-subscribe at any time. 
We may use the information you provide about yourself to fulfil your requests for our products, programs, and Services, to respond to your inquiries about our offerings, and to offer you other products, programs or Services that we believe may be of interest to you.

We sometimes use this information to communicate with you, such as to notify you when you have won one of our contests or when we make changes to our subscriber Agreements, to fulfil a request by you for an online newsletter, or to contact you about your account with us.

The information we collect in connection with our online forums, galleries and communities is used to provide an interactive experience. We use this information to facilitate participation in these online forums, galleries and communities and, from time to time, to offer you products, programs, or Services.
If you choose to submit content for publication (e.g., an artist or literary work), we may publish your screen name and other information you have provided to us.

We sometimes use the non-personally identifiable information that we collect to improve the design and content of our Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyse Site usage, as well as to offer you products, programs, or Services.

We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of use, or as otherwise required by law. In addition, we may transfer information about you if we are acquired by or merged with another company.

Agents and contractors of CADlance Pty Ltd. who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Notice by, for example, not using the information for any purpose other than to carry out the Services they are performing for CADlance Pty Ltd..

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Notice.

Certain CADlance Pty Ltd. Sites may disclose personally identifiable information to companies whose practices are not covered by this privacy notice (e.g., other marketers, magazine publishers, retailers, participatory databases, and non-profit organizations) that want to market products or Services to you. If a Site shares personally identifiable information, it will provide you with an opportunity to opt out or block such uses.

We may on occasion combine information we receive online with outside records to enhance our ability to market to you those products or Services that may be of interest to you...

Finally, the CADlance Pty Ltd. Sites covered by this Privacy Notice will not use or transfer personally identifiable information provided to us in ways unrelated to the ones described above without also providing you with an opportunity to opt out of these unrelated uses.

Eligibility. Only individuals who are 18 years and older (21 years in some jurisdictions) competent to enter into legally binding contract can avail of our Services. You must be a registered User to use this Site and to avail the products and Services available on this Site. The Site is available to both physical and legal persons, for purposes within their trade, business or profession, who can form legally binding contracts under applicable law. CADlance does not verify the age or professional/business status of its Users and cannot be held liable in any way for the execution of a contract through the Site by minors or consumers.

Quality Assurance. CADlance is committed to achieving and maintaining a high standard of quality in all aspect of this Site and to continually satisfy the expectations of Users in respect to all the Services offered.

Registered Users shall ensure that the needs of the buyers are clearly understood and met through close liaison at all stages of the work. Work must be conducted to a high professional standard with technical and commercial integrity.

Cookies & Web Beacons. To enhance your experience with our Sites, many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, registering at one of our Sites. However, once you choose to furnish the Site with personally identifiable information, this information may be linked to the data stored in the cookie.

We use cookies to understand Site usage and to improve the content and offerings on our Sites. For example, we may use cookies to personalize your experience at our web pages (e.g., to recognize you by name when you return to our Site), save your password in password-protected areas, and enable you to purchase on our Sites. We also may use cookies to offer you products, programs, or Services.

"Web beacons" or clear .gifs are small pieces of code placed on a web page to monitor the behaviour and collect data about the visitors viewing a web page. For example, web beacons can be used to count the Users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page. We may use web beacons on this Site from time to time for this and other purposes.

Collection of Information by Third-Party Sites, Ad Servers, and Sponsors. Some areas of our Sites contain links to other Sites whose information practices may be different than ours. Visitors should consult the other Sites' privacy notices as we have no control over information that is submitted to, or collected by, these third parties.

The CADlance Pty Ltd. Sites covered by this Privacy Notice sometimes may offer content (e.g., contests, sweepstakes, or promotions) that is sponsored by or co-branded with identified third parties. By virtue of these relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to participate in the Site activity. CADlance Pty Ltd. has no control over these third parties' use of this information. The CADlance Pty Ltd. Site will notify you at the time of requesting personally identifiable information if these third parties will obtain such information.

Some of the CADlance Pty Ltd. Sites covered by this Privacy Notice may use a reputable third party to present or serve the advertisements that you may see at its Web pages. These third party ad servers may use cookies, web beacons, clear .gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy Policies and is not covered by our privacy policy.

Our Commitment to Security. We have put in place appropriate physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.

Updates & Effective Date. From time to time, we may update this privacy notice. We will notify you about material changes in the way we treat personally identifiable information by placing a notice on our Site. We encourage you to periodically check back and review this policy so that you always will know what information we collect, how we use it, and to whom we disclose it.

I have read, and agree to abide by the terms and agreements above.