Member Use Agreement
e-CRUE, Inc.
Terms and Conditions
This page states the "Terms and Conditions" under which e-CRUE.com is governed. By using this Web site, you accept these Terms and Conditions and agree to be bound by them. Should a change to these Terms and Conditions occur, those changes would be reflected on this page so that you are always informed.
Terminology. The terms "You", "Buyer", and "User" as used herein refer to all individuals and/or entities accessing this Web site for any reason. Firms that participate in the e-CRUE network are referred to as an "Affiliate" or "Affiliated Supplier," and consultants/professional service providers in general are referred to as "Supplier(s)."
Overview. . e-CRUE provides services for the Buyers of consulting and professional service providers and the sellers of these services. The e-CRUE site is for use by individuals, companies or organizations to identify, procure/hire and manage consultants by submitting outsourced needs/projects for suppliers and Affiliated Suppliers to provide competitive bids and proposals. e-CRUE is not a directory. All Affiliated Suppliers in the e-CRUE network are pre-qualified based on past performance reviews, and matched according to the expertise required. e-CRUE provides reliable, proven methodology for specifying, identifying and managing outsourcing needs through a Web hosted technology combined with professional account managers and service representatives. e-CRUE is a Supplier funded business. There is no fee to submit a project or interview a e-CRUE member consultant and there is no obligation to hire an Affiliated Supplier identified through the e-CRUE solution. However, a Buyer does have an obligation to respond to all inquiries related to their submitted project(s) and to the specific "Use of e-CRUE" terms below.
Use of e-CRUE Services. It is agreed that your access and use of the e-CRUE solution to hire qualified Suppliers is for your personal, exclusive use, business professional use or for your use as an agent of your employer. It is agreed that your outsourcing project is indeed a real outsourcing need and that your intent is to hire an Affiliated Supplier (although you are not obligated to do so). You agree to give e-CRUE notification within 30 days of the commencement of a contract or agreement, whether written or oral, between you as Buyer and the Affiliated Supplier found, hired or identified through the e-CRUE solution. Buyer shall provide address and phone number; date the contract or agreement was entered into, scope of the project, and schedule of fees or other compensation to be paid. This information should be accompanied with copies of contracts or agreements, statements of work, or any other information requested relating to the need requested by a Buyer, any response by a Supplier, or other information pertinent to the relationship of the Buyer and Supplier on the project. By using this Web site and hiring an identified Supplier, you acknowledge and agree that if you fail to give proper notification as stated above, that you will be liable to e-CRUE for payment of a penalty equal to 30 percent of the total value of the contract or agreement plus legal and collection fees.
e-CRUE Process. e-CRUE provides a service for Buyers to find pre-qualified Suppliers and for Suppliers to find pre-qualified projects. e-CRUE is not responsible for any of the obligations entered into in a contract between a Buyer and Supplier. e-CRUE does not warrant or guarantee the performance of Buyers or Suppliers or the outcome of the use of the e-CRUE system to identify Buyer needs and/or Suppliers. e-CRUE is not the agent of a Buyer, nor is it the employer of a Supplier. e-CRUE has no interest or control over any Buyer or Supplier using its services, except as may be separately agreed to by a formal e-CRUE contract. e-CRUE does not guarantee and is not responsible for the accuracy of information provided by Users, Buyers or Suppliers. e-CRUE is not liable for the actions of, failures to act, or the services sought or provided by Buyers or Suppliers through e-CRUE. e-CRUE is not a party to any contract for services between Buyers and Suppliers and is not responsible for any of the obligations of parties to such contract, except that e-CRUE shall be an intended third party beneficiary of a contract entered into between a Buyer and Supplier. When a Buyer submits or requests a project for posting, e-CRUE will review the project to ensure legitimacy and also in its sole discretion determine how the project is processed; which includes whether a Buyer is invoiced directly by a Supplier or by e-CRUE. e-CRUE chooses to handle invoicing, the Buyer agrees that they will only pay invoices on the project that come directly from e-CRUE.
Web site Content. You acknowledge that all rights to the content of and information provided on this Web site, including copyrights, are owned by e-CRUE. e-CRUE does not and will not sell personal or corporate information (i.e. name, title, physical or email address) collected through the membership or project specification processes to third party vendors for solicitation. However, you do hereby grant e-CRUE the ability to refer to you by your corporate name for the purposes of marketing and potential case studies without requiring prior notice of or consent by you for such use. You understand that e-CRUE's Web site contains links to third parties' Web sites ("Third-Party Sites") that are not under the control of e-CRUE. e-CRUE is providing these links to you solely as a convenience and is not responsible for the content or functioning of any Third-Party Site. The inclusion of links to Third-Party Sites does not imply any endorsement by e-CRUE of the operators of such sites or the products or services offered on the Third-Party Sites. You are responsible for understanding and abiding by the terms and conditions of use required by all Third-Party Sites.
Governing Law; Forum. This agreement shall be governed by and construed under the laws of the State of choice of e-CRUE. Venue and jurisdiction shall be in the State of choice of e-CRUE.
Site Use Obligations. You agree you will NOT do any of the following while using this site or any of e-CRUE's services:
A. Violate any applicable law, code or regulation;
B. Post or transmit any content that you do not have the right to post or transmit under any law, agreement, contract, or relationship;
C. Post or transmit any information or content that infringes a third party's intellectual property rights or rights of privacy or publicity;
D. Post any information that is libelous, defamatory, vulgar, obscene, hateful, harmful to minors, racially or ethnically objectionable, abusive, tortuous, threatening, pornographic, or overly disparaging, critical or deprecating of or to e-CRUE or other users, or is otherwise objectionable;
E. Conduct any business or activity, or solicit the performance of any activity, that is prohibited by law or is not consistent with this Web site's intended use as determined by e-CRUE in its sole discretion;
F. Resell any of the information or services provided by e-CRUE or otherwise misrepresent that any information or services provided by e-CRUE are provided by you;
G. Restrict or inhibit any other user from using this Web site or any related services, or deleting or tampering with the postings of other users;
H. Post false or misleading information about you, your company, or your services, impersonate or misrepresent yourself, your company, or your services, or create a false identity for the purpose of misleading others;
I. Use the Web site or any e-CRUE service or information in connection with surveys, contests, pyramid or multi-level marketing schemes, distributorships, club memberships, chain letters, spamming or unsolicited messages;
J. Upload files that contain software or other materials in violation of the intellectual property or privacy rights of others, that contains viruses worms, corrupted files, or any other program that may damage another user's property or the operation of e-CRUE or their computers;
K. Take any action, which would impose or create an unreasonable or disproportionately large load on this Web site's infrastructure;
L. Use your password access for any unauthorized purpose or access, tamper with or use non-public or non-authorized areas of the web-site; or
M. Solicit, harvest or otherwise collect information about other users, including their names, e-mail addresses, etc., without their express consent or for any commercial or business purpose or to transmit unsolicited advertising or communications.
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