GENERAL USER AGREEMENT
For WhereismyGC.com LC
Last revised on Aug 8th, 2014.
This user agreement ("User Agreement" or
"Agreement") is a contract between you and WhereismyGC.com LLC
("WhereismyGC" or "Whereismygc.com") if you are a user f
www.whereismygc.com, and www.qesehmk.org sites and all related mobile
applications (called as Sites henceforth). This user agreement supersedes the
agreement on www.qesehmk.org. The Sites
are offered to you conditional on your acceptance of the User Agreement. Please
review the terms and conditions set out below before using the Sites. Your
continued use of the Sites after such time will signify your acceptance of his
User Agreement. By accessing WhereismyGC on its websites (www.whereismygc.com & www.qesehmk.org) or on the mobile
applications (together referred to as WhereismyGC henceforth), you are agreeing
to be bound by these Terms and Conditions of Use, all applicable laws and
regulations, and agree that you are responsible for compliance with any
applicable local laws. If you do not agree with any of these terms, you areprohibited
from using or accessing this site.
This User Agreement and all policies and terms
incorporated by reference constitute the entire agreement between you and WhereismyGC
as to its subject matter.
If you do not agree to any of these terms and conditions
you should immediately cease to use the Sites. Please note that we may close,
suspend, or limit your access to your whereismygc.com account
("Account") or the Services provided by us on the Sites
("Services"), and/or limit access to your funds if you carry out
activities which are in contravention of this User Agreement and its associated
policies incorporated by reference.
Amendment of User Agreement
WhereismyGC may amend or modify this User Agreementin
whole or in part from time to time, without notice (unless such prior notice is
required by law), by posting an amended User Agreement on the Sites or any
linked information. Such updated version of the User Agreement will be
effective at the time we post it. Your continued use of the Software following
any such changes will constitute your acceptance of those changes.
WhereismyGC's failure to enforce your strict compliance with the Agreement ill
not constitute a waiver of any of its rights. If any term of this Agreementis
found invalid, void, or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining terms.
WhereismyGC offers its Services to its Users. We shall
have absolute discretion as to whether or not we accept a particular applicant
or site for participation in the service. The Sites are available only to
individuals or corporate entities that can form legally binding contracts under
applicable law. Without limiting the foregoing, the Sites are not availableto
persons under 18 years of age. If Users do not qualify, they cannot use anyof WhereismyGC’s
Services including, but not limited to, those that require the User's ability
to form legally binding contracts. Each User is responsible for what occurson
their Account and must report any unauthorized use of their Account to us.
The terms "You", "Your",
"User", or "Users" refer to anyone accessing our Services
or Sites for any reason.
WhereismyGC provides a venue to introduce Users whowish
to provide professional immigration services ("Professionals") and
Users who seek such professional services ("Clients") (respectively
or jointly as the "Parties" and individually as a "Party").
The Sites enable Users to work together online to create and consume a professional
service ("Professional Service" or "Service") that the
Professionals provide and Clients consume.
3. LEGAL RELATIONSHIP BETWEEN YOU AND WhereismyGC.com
WhereismyGC reserves the right to terminate the
participation of any User without reason but expressly including any User that WhereismyGC
judges to be in violation of the User Agreement. Without limiting the
foregoing, WhereismyGC may terminate the participation of a User if we think
that they are creating problems, legal liabilities (actual or potential),
infringing someone else's intellectual property rights, engaging in fraudulent,
immoral or illegal activities, or for other similar reasons.
3.2 Relationship between Users
The parties to a service are the Professional, the lient
and Whereismygc.com. Whereismygc.com is a party to a service for purposes
limited to (a) the provision of the virtual venue (“MarketPlace”) and hosting
of the Sites(s) to enable collaboration of Professionals and services, (b)
definition of standardized professional services & setting of prices atthe
MarketPlace (c) accepting & processing Client payment, disbursing the
payment to the Professional, and (d) Processing claims for refund as per the
service terms and site policy, and provision of a process for Clients and
Professionals to use when there is a disagreement about satisfactory completion
of a service.
Although WhereismyGC provides a virtual environmentfor
definition of services and assessment of Professional suitability, each
Professional and each Client acknowledges and agrees that, once they enter nto
an agreement with each other through MarketPlace and are responsible for
fulfilling that agreement towards each other. WhereismyGC can’t be held
responsible for any breach of such agreement. Depending on their jurisdiction,
Professionals and Clients may have rights under statutory warranties that
cannot lawfully be excluded. Nothing in this agreement is intended to override
a right that by applicable law may not be excluded. However, to the maximum
extent permitted by law, the liability of WhereismyGC for any services it
provides is limited to providing a process for dispute resolution between the
Parties and in some cases processing of refund.
Upon the Client purchasing a service and Professional
accepts; the Professional agrees to deliver the Services in accordance withthe
following agreements: (1) the User Sales Agreement; and (2) the General User
Agreement available on the Sites, as amended from time to time; to the extent
not inconsistent with the User Sales Agreement. Whereismygc.com agrees to
provide the venue and host the Sites, including the hosting of the service.
3.3 User Responsibilities
The responsibilities of the Professional and Clientare
set out as follows:
When you enter into a transaction, you create a legally
binding contract with another User, unless the transaction is prohibited bylaw
or by this General User Agreement.
You are responsible for ensuring that you comply with
your obligations to other Users. If you do not, you may become liable to that
User(s). You must ensure that you are aware of any domestic laws (including
common law), international laws, statutes, ordinances and regulations relevant
to you as a Client or Professional, or in any other uses you make of the Sites.
If another user breaches any obligation to you including
failure to maintain privacy or breach of Services Agreement, you are primarily
responsible for enforcing any rights that you may have. WhereismyGC only has
the limited responsibility to operate the MarketPlace. WhereismyGC doesn’t
enforce the contract between the Professionals and Clients.
Clients can cancel the service any time prior to a
Professional’s acceptance of the case/s related to the purchase of the service.
Client may opt to choose a specific professional orany
first available professional while purchasing a service.
A Professional must familiarize with the Service terms
and delivery timelines prior to accepting a case.
3.4 No Insurance
WhereismyGC does not offer any form of insurance orother
Client or Professional protection which will assist you, because our Sites
merely provide the online venue for Users to offer, sell, and buy professional
services and we are not otherwise involved in the transactions and interactions
between Clients and Professionals. Because user identification on the Internet
is difficult, we cannot and do not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship
between Users is that of independent contractors. Nothing in this User
Agreement creates a partnership, joint venture, agency or employment
relationship between: (1) Users; or (2) between us and any User.
3.6 Services offered by WhereismyGC
WhereismyGC offers a wide range of tools, content,
services, benefits, and other resources on the Sites of particular interestto immigrants
and immigration professionals. These Services are for use only under a
non-exclusive, non-transferable, and non-assignable license under these terms
and conditions of use. You do not have the right to copy, sell, or otherwise
exploit for any commercial purpose the Services or content (in whole or in
part), access to this service or use of this service.
Some of the Services offered at the Sites may include
feedback to questions by Users of this service and/or articles with original
content and opinions. Use of this content or links to this content is at the
User's own risk. No warranty is made that the information is accurate or
reliable and WhereismyGC and its related entities, directors, officers and
agents disclaim all liability and responsibility for any direct or indirect
loss or damage you may suffer relying on anything contained in or omitted from
The User understands and agrees to the following terms:
Our Sites acts as an online MarketPlace to allow Users to
offer and buy professional immigration services. As a result you acknowledge
and agree that WhereismyGC has no control over the quality or legality of the
professional services provided by Users on our Sites, or the ability of
Professionals to provide the services or the Clients to pay for the services.
We do not guarantee that a User will actually complete the professional
services or act lawfully in using the Sites.
Additionally, out Sites also offer a self-service
forecasting tool to approximately predict the time to get green card for
backlogged applicants in EB and FB category. The Users acknowledge and agree
that WhereismyGC claims no accuracy in the forecast provided.
The content provided at the Sites may relate to various immigration
related or otherwise subjects and is provided solely for informational and
general non-advisory purposes. Users should use their own efforts to confirm such
information. All of the information that WhereismyGC provides should not be
considered professional or legal advice.
The Sites are a dynamic time-sensitive web site. Assuch,
the information on the Sites will be changed frequently. It is possible that
some information could be considered offensive, harmful, or inaccurate, andin
some cases may be mislabeled or deceptively labeled accidentally by WhereismyGC
or accidentally or purposefully by a third-party, regardless of whether such
third parties are with or without a legitimate business purpose.
WhereismyGC provides unmonitored access to third-party
content. WhereismyGC is only acting as a venue and/or portal, and has no
liability based on, or related to, the third-party content on the Sites,
whether arising under the laws of copyright or other intellectual property,
defamation, libel, privacy, obscenity, or any other legal discipline. This eb
site may contain links to third-party web sites. WhereismyGC does not control
nor always review the web sites to which we link from the Sites. WhereismyGC,
therefore, cannot endorse the content, products, services, practices, policies,
or performance of the web sites we link to from the Sites, and Users shouldnot
treat any link as such an endorsement or acceptance of veracity or value.
WhereismyGC does not have the resources to nor doesit
undertake any obligation to, control, research, verify, validate, or approve
the content that is received or viewed on its web site. WhereismyGC expects
that the User will undertake necessary activities and practices and will use
caution and common sense when using WhereismyGC for User's Account.
In no event shall WhereismyGC or its partners be liable
for any damages (including, without limitation, damages for wrong forecast,or due
to business interruption,) arising out of the use or inability to use the
materials on WhereismyGC's Sites, even if WhereismyGC or a WhereismyGC
authorized representative has been notified orally or in writing of the
possibility of such damage. Because some jurisdictions do not allow limitations
on implied warranties, or limitations of liability for consequential or
incidental damages, these limitations may not apply to you.
WhereismyGC reserves the right to modify, suspend, r
discontinue the Software, or any part of WhereismyGC, at any time and without
notice to you. WhereismyGC will not be liable to you, should it exercise such
3.7.1 Use License
a. Permission is
granted to use a copy of the materials (information or software) on WhereismyGC
for personal use only. This is the grant of a license, not a transfer of title,
and under this license you may not:
i. Modify or
copy the materials;
ii. Use the
materials for any public display (commercial or non-commercial);
to decompile or reverse engineer any WhereismyGC software;
any copyright or other proprietary notations from the materials;
the materials to another person or "mirror" the materials on any
b. This icense
shall automatically terminate if you violate any of these restrictions and ay
be terminated by WhereismyGC at any time. Upon terminating your viewing of
these materials or upon the termination of this license, you must destroy any
downloaded materials in your possession whether in electronic or printed
c. You shall at
all times promptly and fully pay any and all costs, expenses, charges, fees,
and/or other sums incurred by or for You under Your use of the Services. For
the avoidance of doubt You are deemed to have used the Services and have thus
incurred such cost(s) and expense(s) to which You are fully liable regardless
of whether such use was by a third party with or without Your authorization
and/or howsoever due to Your acquiescence and/or negligence and shall
specifically include instances where any SMSs were sent from your mobile phone
(or any mobile phone with Your SIM card inserted) regardless of whether or ot
the same was sent by or for You or with or without Your knowledge.
d. We reserve the right, in our absolute
discretion, to howsoever amend, suspend, terminate or revise any Service(s)or
Terms at any time without any prior notice to you. Specifically, the
circumstances in which we may do the aforesaid include but are not limited o:
i. In accordance with any management or
other official decision(s);
ii. The carrying out of any maintenance,
modification, repairs or servicing procedures to any of our equipment, hardware
or software or any part thereof, whether due to sudden failure, routine
matters, upgrading or otherwise;
iii. Instances where there is any failure
or other interruption of any Service(s) rendered by any third party service
provider that we may use from time to time;
iv. The occurrence of any event of
Any breach of any of these Terms by You.
e. You represent and warrant that you understand and accept the risks involved
in our exercise of this right. Accordingly, you agree that you will not
institute any proceedings or seek any form of compensation whatsoever in
respect of any loss or damage you feel you may have incurred out of our
exercise of this right. You further agree that any sums whenever and howsoever
incurred or paid by You under the Services shall not be refundable.
f. The aforesaid shall apply, in particular, to the use or the results
of any data, reports, or other information generated or derived from the use of
the Services by You and specifically in respect of the performance, stability,
safety, accuracy, reliability, security, quality, suitability, usefulness,
effectiveness completeness, capability, correctness, non-cessation or otherwise
of anything rendered to or derived by or for You, under the Services.
g. We shall further not be liable for any warranty or representation
made by any third party in connection with anything, transaction, product(s)
and/or service(s) purchased, sold procured or transacted via the Service.
Accordingly, You agree to seek any and all redress directly from any such
parties for any products or services howsoever procured via our Services.
3.7.2 Disclaimer about Services offered by WhereismyGC
a. The materials
on WhereismyGC are provided "as is". WhereismyGC makes no warranties,
expressed or implied, and hereby disclaims and negates all other warranties,
including without limitation, implied warranties or fitness for a particular
purpose, or non-infringement of intellectual property or other violation of
rights. Further, WhereismyGC does not warrant or make any representations
concerning the accuracy, likely results, or reliability of the use of the
materials on its Internet web site or otherwise relating to such materials r
on any sites linked to this site.
b. The forecasts
made on WhereismyGC are general in nature, based on the best available
information and directional only. They are not intended as exact prediction
about any one individual. Moreover, the forecasting process is inaccurate and
limited by the availability of right and accurate data besides other things.
WhereismyGC assumes no liability for the use of such forecast by the user.
WhereismyGC may result in internet charges for your accessing device. The user
is responsible for any such charges.
uses https protocol on its MarketPlace web platform. However, internet is a
risky business and it is possible that hackers break into and/or steal
information from WhereismyGC’s websites and databases. User agrees to not hold
WhereismyGC responsible for any security breaches and resulting loss out ofit.
information provided on WhereismyGC is not any advice - legal or otherwise -
and the user should use the information at his/her own discretion. The user
agrees to not hold WhereismyGC responsible for any such use of the information.
You agree and acknowledge that unless explicitly
requested, WhereismyGC may display your company name, logo and public
description of your services and profile as part of the WhereismyGC website(s)
and / or other WhereismyGC marketing materials.
3.9 Notices: Consent to Contact
You consent to WhereismyGC contacting you by electronic
means as part of delivering the services outlined in this User Agreement.
Additionally you consent to being contacted by electronic means by WhereismyGC
for the marketing of campaigns, offers, new products or services.
For refunds processed through WhereismyGC, we reserve the
right to retain a portion or all of the processing charge paid initially bythe
Client. We also reserve the right to charge processing charge on the refund.
Any extra processing charge will be billed to the User that requested
termination of the contract.
WhereismyGC's fees and charges which can be found on the
Sites. WhereismyGC reserves the right to revise the fees and charges at any
All fees will be assessed in US dollars. Your Account balance
and all transactions are made and displayed in US dollars unless otherwise
WhereismyGC earns fees for creating, hosting,
maintaining, and providing the Sites, and for all Services delivered by WhereismyGC
that are accessible through the Sites and to cover expenses and fees WhereismyGC
incurs to banks, credit card companies, PayPal, and payment processors.
WhereismyGC charges a subscription fees to Users for
accessing the self service forecasting tool (SSFT). WhereismyGC reserves the
right to revise the subscription fees and various plans and promotions it
offers at any time. Any revisions are always forward looking.
WhereismyGC doesn’t charge Clients any fees for
purchasing immigration services. However, Clients are charged credit card
processing charges paid to Paypal, banks, credit card companies and other
payment processors. The Service Fees paid by Clients does not include any fees
to be paid to any third parties including but not limited to USCIS DoL DoS.
WhereismyGC doesn’t charge any monthly charges to
non-Lawyer professionals. We retain percentage of service fees on services
rendered by non-lawyers.
For Professionals that are lawyers, we do charge a
monthly subscription fees. We DO NOT retain any service fees from the services
rendered by Lawyers to Clients.
WhereismyGC reserves the right to terminate your account
or subscriptions for failure of payment of related full fees.
WhereismyGC reserves the right to revise standardized
services fees anytime. Any revisions will apply next month onwards. WhereismyGC
reserves the right to revise any other fees and charges anytime. They will e
5. SERVICE PAYMENTS to PROFESSIONALS
5.1 Not an escrow service
WhereismyGC does not operate an Escrow service. We
however may hold the money with us prior to release the payments to
Professionals according to 5.2.
If a Client does not approve of the Professional's ork
product, the Parties have the option to resolve the issue through the termsof
the Dispute Resolution Services set out below.
5.2 Payments to Professionals
Service fees received from Clients will be payable o
Professionals, after any applicable deductions in case of non-Lawyers, 3 days
after the Professional has accepted a case and provided the Client hasn’t asked
for cancellation. Such fees will be paid to Professionals during next billing
cycle in which the balance exceeds $100.
6.1 Opening Account
To become a User and access the Sites and Services ou
must register for an "Account." You agree to provide true, accurate
and complete information as prompted by the registration form and all formsyou
access on the Sites, and to update this information to maintain its
truthfulness, accuracy and completeness.
You agree that you will not receive interest or other
earnings on the funds that WhereismyGC handles as your contractor. WhereismyGC
may receive interest on those funds. WhereismyGC will not be liable for any
lost interest on such funds.
All amounts are stated in and all payments will be ade
in US dollars. WhereismyGC reserves the right to suspend a withdrawal if the
source of the funds is suspected to be fraudulent. Any funds received from n
Account having made a fraudulent deposit (e.g. stolen credit card) will be
reversed immediately. If in a fraudulent payment situation a withdrawal has
already been processed, you will be expected to return the funds to your WhereismyGC
Account or face termination and any other remedies available to WhereismyGCto
recover the funds.
Any User that WhereismyGC removes from the service ue to
violation of the User Agreement will receive no credit or payment and will
become liable for certain fees described in this User Agreement.
WhereismyGC requires you to make all payments to WhereismyGC
and to make payments to and accept payments from other Users in the purchase
and sale of Services for WhereismyGC services directly through the mechanisms
available on the Sites except when permitted via User Sales Agreement. You
understand and agree that WhereismyGC will not hold funds delivered to WhereismyGC
from Users for the purchase and sale of Services in a separate account, butmay
commingle and deposit such funds with other funds to be paid to other Usersand
with funds of WhereismyGC in any account, at any institution, or in any other
manner WhereismyGC may decide in its sole discretion from time to time. In
addition, you understand that such commingled funds could be used to pay other
Users and by WhereismyGC for general corporate purposes or otherwise, provided
that WhereismyGC will remain contractually obligated to make payment to you, as
a Professional or Client, for any purchases and sales of Services provided y
you through WhereismyGC. To the extent WhereismyGC is obligated to make payment
to you, you will be an unsecured creditor of WhereismyGC.
You acknowledge that: (1) WhereismyGC is not a bankor
other licensed financial institutions and does not provide banking services;
(2) the amounts shown as on deposit, in a User Account are not segregated into
a separate account but represent unsecured obligations of WhereismyGC to the
User with respect to the purchase and sale of Services through WhereismyGC;(3)
WhereismyGC is not acting as a trustee or fiduciary with respect to such funds
or payments, but is acting only as an agent and (4) amounts transferred through
or stored in the payment service are not insured or guaranteed deposits. By
initiating and sending payments through WhereismyGC, you appoint WhereismyGC as
your agent to obtain the funds and hold and to transfer such funds to the
Professional or Client for Services, subject to these terms and conditions.
6.4 Account Balances
If your Account has a negative balance, WhereismyGCmay
set off the negative balance with any funds that you subsequently receive into
your Account. In the event that WhereismyGC offsets a negative balance pursuant
to this clause, it may be bundled with another debit coming out of your
Account. To secure your performance of this Agreement, you grant to WhereismyGC
a lien on and security interest in and to the funds held in your Account inthe
possession of WhereismyGC.
6.5 Inactive Accounts
User Accounts that have been inactive for more than365
days ("Inactive Accounts") will incur a dormant account fee of US$10
per month until either the Account is terminated or reactivated.
WhereismyGC reserves the right to cancel Inactive
Accounts with a nil or negative balance.
You acknowledge and agree that WhereismyGC will be
entitled to recover any chargebacks that may be imposed on WhereismyGC by a
credit card issuer on funds paid to you by Clients through the Sites. A
chargeback occurs when a Client rejects or reverses a charge on his or her
credit card through the credit card issuer. You agree that WhereismyGC may
reverse any such payments made to you, which are subject to chargeback via a
credit card issuer. To cover the cost of processing chargebacks, WhereismyGC
assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.
6.7 Hold on funds
WhereismyGC, in its sole discretion, may place a hold on
any or all of the payments you receive when WhereismyGC believes there may e a
high level of risk associated with you, your Account, or any or all of your
transactions. If WhereismyGC places a hold on any or all of the payments you
receive, you will be provided with notice of our actions and the way in which
to resolve the issue. If you are involved in a dispute, in certain
circumstances WhereismyGC may place a temporary hold on the funds in your
account to cover the amount of any potential liability. If the dispute is resolved
in your favor, WhereismyGC will lift the temporary hold. If you lose the
dispute, WhereismyGC may remove the funds from your Account.
6.8 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to
meet outstanding fees and charges, WhereismyGC reserves the right to collect
any amounts owing to WhereismyGC by any other legal means.
You are responsible for paying any taxes, includingany
goods and services or value added taxes, which may be applicable depending n
the jurisdiction of the services provided by WhereismyGC. These taxes will e
added to fees billed to you, if applicable.
6.10 Identity Authentication
You authorize WhereismyGC, directly or through third
parties, to make any inquiries we consider necessary to validate your identity
in compliance with applicable legislation and regulation, as well as for our
own anti-fraud measures. This may include asking you for further information,
requiring you to provide your date of birth, a taxpayer identification number,
a social security number, and other information that will allow us to
reasonably identify you; requiring you to take steps to confirm ownership of
your email address or financial instruments; ordering a credit report; or
verifying your information against third party databases or through other
sources. We may ask to see your driver’s license or other relevant identifying
documents. In addition, in some circumstances we may ask you to provide
photographic identification holding a sign with a code that we provide as an
additional identity verification step. The Sites reserves the right to close,
suspend, or limit access to your User Account and/or WhereismyGC Services in
the event we are unable to obtain or verify to our satisfaction the information
required by this clause.
7. AVOIDING COMMISSIONS
7.1 Prohibition on negotiation of fee outside of Sites
You are strictly prohibited from attempting to negotiate
the fee for a service with another user directly (outside of WhereismyGC). Soliciting
other Users on WhereismyGC for the same service that they are trying to
purchase from you via WhereismyGC will be considered breach of this User
We aim to provide a fair and open playing field at hereismyGC
for Professionals while providing value for the Clients, and such activities
interfere with providing such a marketplace.
We believe our subscription fees and commissions are very
fair and justified for the service we provide, therefore we will absolutelynot
tolerate any fee avoidance or outside negotiations with other Users on Sites.
7.2 Providing contact information
You can make contact with other Users in order to provide
a service. But you may not encourage other users to break such a contract in
order to enter into a separate contract to provide the same service.
8. USER CONTENT
The User is solely responsible for content or any other
information the User provides to WhereismyGC. User understands and agrees to
WhereismyGC is only acting as a marketplace for
standardized immigration services. As part of that we do facilitate
distribution of your content to other Users. However, no warranties as to the
actual distribution or publication of User content are made or implied. WhereismyGC
has the right (but no obligation) to take any action deemed appropriate with
respect to User content if it is believed that such content may create
liability for WhereismyGC, harm its business operation or reputation, or cause WhereismyGC
to lose the services of its suppliers.
Any and all content submitted to the Sites are subject to
the approval of the Sites administrators. The Sites reserves the right to
reject, approve, or modify User-submitted content upon the discretion of the
Sites administrators. Evaluation of User-submitted content is based on certain quality
These guidelines, that encompass all objectively
quantifiable and aesthetic aspects of User-submitted content, are set solely by
the Sites and applied exclusively within the Sites.
User represents and warrants that User's content: (a) will
not infringe upon or misappropriate any copyright, patent, trademark, trade
secret, or other intellectual property right or proprietary right or right f
publicity or privacy; (b) will not violate any law or regulation; (c) will ot
be defamatory or trade libelous; (d) will not be obscene or contain child
pornography; (e) will not include incomplete, false or inaccurate information
about User or any other individual; and (f) will not contain any viruses or
other computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
No copyrighted material can be posted on the Sites. A
"section" or "excerpt" being no more than 10% of the
script's contents may be permitted.
8.2 Grant of License
By submitting User content to WhereismyGC (including, but
not limited to creating your Account; posting a profile, posting a portfolio, uploading
files, sending messages through or to WhereismyGC), you hereby grant to WhereismyGC
a worldwide, exclusive, sub licensable, perpetual, irrevocable, royalty-free
license to use, copy, modify, display, and perform User content, under all ser
intellectual property and proprietary rights worldwide. For the avoidance of
doubt, providing links to content hosted on servers other than that of WhereismyGC
(such as a portfolio of sample works hosted on Your own web site) will not e
considered "submitting" such content for purposes of this license
WhereismyGC may anonymize the content before using t to
maintain User privacy.
8.3 Feedback, Reputation and Reviews
By using the Sites, you acknowledge that you transfer
copyright of the feedback, reputation and reviews you leave (whether a
"Client" or "Professional"), consisting of comments anda
multidimensional rating (e.g. Quality, Timeliness, etc) together with a
composite rating by WhereismyGC ("Feedback" ). You acknowledge that
this feedback belongs solely to us, notwithstanding that we permit you to use
it on our Sites while you remain a member. You may not use it or deal with t
in any way inconsistent with WhereismyGC's policies as posted on the Sites rom
time to time, without our prior written permission.
You may not do (or omit to do) anything that may
undermine the integrity of the Professional feedback system. We are entitled to
suspend or terminate your membership at any time if we, in our sole and absolute
discretion, are concerned by any feedback about you, or your feedback rating is
considered to be problematic to Professional.
WhereismyGC's feedback ratings belong to us and maynot
be used for any purpose other than facilitating the exchange of services
between Users of the Sites . You may not use your Professional feedback
(including, but not limited to, marketing or exporting your composite rating or
feedback comments) in any real or virtual venue other than a website operated
by WhereismyGC or its related companies without our written permission.
9. USER RESTRICTIONS
Users are prohibited from advertising a website on he
Sites. Any URL posted in a bid, service description, or the message board, ust
relate to a service on WhereismyGC. An example of a permissible URL would be a
User's portfolio or resume page.
The Client agrees that:
Client is strictly forbidden from redistributing any of the content of the
Sites, including but not necessarily limited to private messages, documentsand
Client will not use the Client's Account to post false or misleading information.
Client will not falsify the Client's own or any other identity.
Client will comply with all of WhereismyGC's policies as posted on the Sites
from time to time.
The Professional agrees that:
The Professional will not redistribute any of the content
of the Sites, including but not necessary limited to private messages,
documents, and communication with WhereismyGC.
The Professional will not falsify Professional's own or
any other identity.
The Professional will comply with all WhereismyGC
policies as posted on the Sites from time to time.
9.4 Prohibited use of Sites content
The content and information on the Sites (including, but
not limited to, messages, data, information, text, photos, graphics, feedback,
reputation, reviews, icons, software, code or other material), as well as the
infrastructure used to provide such content and information, is proprietaryto
us. All Users agree not to otherwise modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell or re-sell any information, software, products, or services
obtained from or through the Sites. Additionally, you agree not to:
the Sites or its contents for any commercial purpose;
monitor or copy any content or information of the Sites using any robot,
spider, scraper or other automated means or any manual process for any purpose without
our express written permission;
the restrictions in any robot exclusion headers on the Sites or bypass or
circumvent other measures employed to prevent or limit access to the Sites;
any action that imposes, or may impose, in our discretion, an unreasonable r
disproportionately large load on our infrastructure;
to any portion of the Sites for any purpose without our express written
"mirror" or otherwise incorporate any part of the Sites into any
other website without our prior written authorization; or
to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer
any software programs used by us in connection with the Sites or the services.
9.5 General restrictions
Users agree that:
will not use any automated collection mechanism or any manual process to
monitor or copy the web pages comprising the Sites or the content contained
therein without the prior written permission of WhereismyGC.
will not distribute unsolicited commercial messages ("spam") through
the User's Account.
will not contact employers or freelancers through the Sites or through
information gained from our Sites with the intent of subverting them from using
will not engage in personal attacks, negative or other unfair criticism or
other forms of discourteous and unprofessional online conduct or practices.
will not create multiple user Accounts for any reason, or under any
9.6 Consequences of termination
In the event of termination, Users found in violation of
the User Agreement will not receive any credit or payment from WhereismyGC.
Without limiting WhereismyGC's other remedies, to the
extent you are in violation of this User Agreement, you must pay WhereismyGC for
all fees owed to us and reimburse us for all losses and costs (including any
and all WhereismyGC employee time) and reasonable expenses (including legal
fees) related to investigating such breach and collecting such fees.
You and WhereismyGC agree that the damages that WhereismyGC
will sustain as a result of actions that breach the User Agreement will be
substantial, potentially including (without limitation) fines and other related
expenses from its payment processors and Professionals, but may be extremely
difficult and impracticable to ascertain. If you engage in such activities,
then WhereismyGC may fine you up to US$10,000.00 for each such violation and/or
WhereismyGC may take legal action against you to recover losses that are in
excess of the amount charged. You acknowledge and agree that a fine up to US$10,000.00
is presently a reasonable pre-estimate or minimum estimate of WhereismyGC's
damages, considering all currently existing circumstances, including (without
limitation) the relationship of the sum to the range of harm to WhereismyGC
that reasonably could be anticipated and the anticipation that proof of actual
damages may be impractical or extremely difficult.
You agree that WhereismyGC is entitled to deduct such
charges directly from any existing balance in the offending Account, or any
other WhereismyGC Account owned by you.
Users that are terminated by WhereismyGC on any basis
other than violation of this User Agreement will be entitled to receive any
payment due from WhereismyGC.
In the event of termination, you will have no claim
whatsoever against WhereismyGC in respect of any such suspension or termination
of your membership.
9.7 Account Verification
If you do not complete account verification when
requested within 12 months of the date of request, your account may be subject
10. DISPUTE RESOLUTION SERVICES
10.1 Dispute Resolution Services
WhereismyGC offers the Dispute Resolution Services or
Clients and Professionals that have entered into a legal agreement on
You agree and acknowledge that: (i) WhereismyGC is ot
providing legal services; (ii) WhereismyGC will not advise you regarding any
legal matters; and (iii) if you desire to have legal counsel, you will seekan
independent legal counsel from those licensed to practice law in your
jurisdiction. You will not rely on WhereismyGC for any such counsel.
In the event of a dispute between a Client and a
Professional, either Client or Professional may elect to use the Dispute
Resolution Services offered by WhereismyGC. The Client and Professional will
then be notified that the matter will be addressed through the Dispute
You agree to indemnify and (to the maximum extent
permitted by law) hold WhereismyGC and any of our affiliates harmless against
any damages or liability you may suffer as a result of using WhereismyGC’s
MarketPlace Services or Dispute Resolution Services.
WhereismyGC will respond to disputes initiated by a
Professional or a Client in accordance with the Dispute Resolution Servicesas
set out in this Clause 10 and in relation to disputes that arise in relation to
the provision of the venue, and the hosting of the Sites by WhereismyGC as et
out in clause 15.
10.2 Other Disputes
You acknowledge and agree that in the event that a
dispute arises between you and another user in relation to any service thatyou
will first attempt to resolve any differences that you have in relation to uch
service, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in
relation to a dispute with another user in relation to a service we encourage
you to contact us as set out in Clause 20.
You agree that any dispute, which must be dealt with in
clause 10.1, arising between you and another user will be handled in accordance
with this clause. WhereismyGC will have full rights and powers to make a
determination for all such disputes. Upon receipt of a dispute, WhereismyGC
shall have the right to request the Professional and the Client to provide
documentation in support of their claim or position in relation to the dispute.
You agree that WhereismyGC has absolute discretion to accept or reject any
document provided. You also acknowledge that WhereismyGC is not a judicial r
alternative dispute resolution institution and that we will make the
determinations only as an ordinary reasonable person. In addition, we do not
warrant that the documents provided by the parties to the dispute will be true,
complete or correct and you agree to indemnify and (to the maximum extent
permitted by law) hold WhereismyGC and any of our affiliates harmless against
any damages or liability you may suffer as a result of any documentation or
material subsequently being found to be false or misleading.
In relation to disputes with any other users of the
Sites, you hereby agree to indemnify WhereismyGC from any and all claims,
demands, and damages, actual and consequential, of every kind and nature, known
and unknown, that is related to such a dispute, our determinations or the use
of the Dispute Resolution Services.
10.3 The Dispute Team
Both parties of the Dispute case can elect to have heir
dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to
making all actions necessary to resolve the case in an impartial and evidential
manner. You acknowledge that the verdict of the Dispute Team is final, binding,
All claims and actions (including, but not limited o,
actions made by mistake) of the parties on the Dispute System are final,
binding, and irreversible. You agree that the Dispute Team and WhereismyGC s
hereby released from the actual and consequential damages brought about by
10.4 Dispute Resolution Services Code of Conduct
The Professional Code of Conduct applies to all the
services offered by WhereismyGC, including, but not limited to, the Dispute
Resolution Services. It is agreed by You that You will make every endeavor t
fair play and post reasonable and fair demands/offers on your dispute.
A user caught breaching the Code of Conduct during he
Dispute Resolution Service process would automatically lose the dispute in
favor of the other party involved, regardless of the origin of the dispute. The
user who breached the Code of Conduct would also incur proper disciplinary
10.5. Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should communicate to WhereismyGC the
Service under dispute, the nature of dispute, the name of defendant, the
damages claimed, and the original Service Fees amount.
From this stage until Stage 3, users are encouragedto
attach any files that could support their claims.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial
compensation, or (after a period of time) choose to have WhereismyGC's Dispute
Team arbitrate the dispute. Both parties will have the opportunity to tell
their side of the story and also negotiate terms to resolve the issue between
Only the party who originally filed for the disputecan
cancel the dispute. If the issue cannot be resolved through negotiation, either
party can choose to have the dispute arbitrated by the Dispute Team. The
Dispute Team will stop functioning if the dispute is either settled through
mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
Stage 3 is the last stage where both users can submit
their final evidence to support their case. After Stage 3, the involved parties
are no longer allowed to submit evidence. The dispute will be resolved based
solely on the evidence provided through the Dispute System.
Once the dispute has proceeded to Stage 4, further
evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and
other information provided to reach a decision (usually within 48 hours).
Dispute verdicts are final, binding, and irreversible. You acknowledge and
agree that you will abide by such verdict.
WhereismyGC doesn’t and can’t enforce the verdict. It is
upto the two Parties to execute the verdict. You agree not to hold WhereismyGC
liable for breach of the verdict by other Users.
10.6 Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrateyour
dispute, you agree to allow the Dispute Team to read all correspondence made on
WhereismyGC and download or access, and test (if necessary), all uploaded
files, programs, and websites related to the dispute for the sole purpose of
having your dispute resolved.
You are highly encouraged to submit all the documents
that would support your claims on your dispute.
Submit e-mail correspondences as screenshots or as .eml
files. If submitting screenshots, ensure that the "To",
"From", and the "Date" bar is visible. E-mail
correspondences sent in *.txt or *.doc or any word processing software willnot
IM conversations should be submitted as screenshotsof
the conversation from the IM software. Correspondences sent in *.txt, *.doc, or
any word processing software will not be honoured.
Provide the products, contracts, and other files relating
to the service and the dispute.
WhereismyGC will retain the confidentiality of the
service and the privacy of the involved users and will not release the
collected information to any party unless required by a court of law.
Your privacy is very important to us. Accordingly, e
have developed this Policy in order for you to understand how we collect, use,
communicate and disclose and make use of personal information. The following
a. Before or at
the time of collecting personal information, we will identify the purposes or
which information is being collected.
b. We will
collect and use personal information solely with the objective of fulfilling
those purposes specified by us and for other compatible purposes, unless we
obtain the consent of the individual concerned or as required by law.
c. We will
collect personal information by lawful and fair means and, where appropriate,
with the knowledge or consent of the individual concerned.
d. Personal data
should be relevant to the purposes for which it is to be used, and, to the
extent necessary for those purposes, should be accurate, complete, and
e. We will
protect personal information by reasonable security safeguards against lossor
theft, as well as unauthorized access, disclosure, copying, use or modification.
f. We will make
readily available to customers information about our policies and practices
relating to the management of personal information.
g. All financial
transactions are processed using a third party service. Therefore, to renewor
repurchase the service each time user will have to pay through such third party
service. You agree to NOT hold WhereismyGC responsible for any damages or
disputes arising out of the transactions processed through such third party
discloses sensitive personal information only if required to comply with legal
obligations or with your consent.
We are committed to conducting our business in
accordance with these principles in order to ensure that the confidentiality of
personal information is protected and maintained.
WhereismyGC, DLS, Qesehmk & SSFT are trademarksof WhereismyGC.com
13.1 Copyright of WhereismyGC
The content and compilation of content included on he
Sites, such as text, graphics, logos, icons, images, audio clips, digital
downloads and software, are the property of WhereismyGC and are protected by
United States and international copyright laws.
13.2 Copyright infringement
It is our policy to respond to clear notices of alleged
copyright infringement. Please contact us at email@example.com for any copyright
14. NO WARRANTY
WhereismyGC is not involved in the actual transaction
between Professionals and Clients. Our Services, the Sites and all content n
it are provided on an as is basis and without warranties of any kind either
express or implied. Without limiting the foregoing, WhereismyGC does not
represent or warrant that:
Sites will be accurate, reliable, uninterrupted, secure or error-free;
in the Sites will be corrected;
Sites or the server that makes it available are free of viruses or other
the extent permitted by law, we specifically disclaim any implied warranties of
title, merchantability, fitness for a particular purpose and non-infringement.
To the extent that WhereismyGC is able to limit the
remedies available under this User Agreement, WhereismyGC expressly limits ts
liability for breach of a non-excludable condition or warranty implied by
virtue of any legislation to the following remedies (the choice of which isto
be at WhereismyGC's sole discretion) :
(1) in the case of goods, any one or more of the
the replacement of the goods or the supply of
the repair of the goods;
the payment of the cost of replacing the goods
or of acquiring equivalent goods; or
the payment of the cost of having the goods
(2) in the case of services:
the supply of the services again; or
the payment of the cost of having the services
15. LIMITATION OF LIABILITY
15.1 Limitation of liability
In no event shall WhereismyGC, its affiliates or staff be
liable, whether in contract, warranty, tort (including negligence), or any
other form of liability, for:
any indirect, special, incidental or
consequential damages that may be incurred by you;
any loss of income, business or profits (whether
direct or indirect) that may be incurred by you;
any claim, damage, or loss which may be incurred
by you as a result of any of your transactions involving the Sites.
The limitations on WhereismyGC's liability to
you above shall apply whether or not WhereismyGC, its affiliates or staff have
been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this
Agreement is intended to limit or exclude any liability on the part of WhereismyGC
and its affiliates and related entities where and to the extent that applicable
law prohibits such exclusion or limitation.
15.2 Jurisdiction's Limitations
As some jurisdictions do not allow some of the exclusions
or limitations as established above, some of these exclusions or limitations
may not apply to you. In that event, the liability will be limited as far as
legally possible under the applicable legislation.
15.3 Bar to action
WhereismyGC may plead this User Agreement in bar toany
claim, action, proceeding, class action or suit brought by you, against WhereismyGC
for any matter arising out of any transaction or otherwise in respect of this
15.4 Dispute resolution
If a dispute arises between you and WhereismyGC, our goal
is to address your concerns and, if we are unable to do so to your
satisfaction, to provide you with a means of resolving the dispute quickly.
For any claim, WhereismyGC may elect to resolve the
dispute in a cost effective manner through binding non-appearance-based
arbitration. If WhereismyGC elects arbitration, such arbitration will be
initiated through an established alternative dispute resolution (ADR) provider,
which is to be selected by you from a panel of ADR providers that WhereismyGC
will provide to you. The ADR provider and the parties must comply with the
following rules: a) the arbitration shall be conducted by telephone, online
and/or be solely based on written submissions, the specific manner shall be
chosen by the party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and c) any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against WhereismyGC must be resolved
in accordance with the terms of this Agreement. All claims filed or brought
contrary to this Agreement shall be considered improperly filed and a breach of
this Agreement. Should you file a claim contrary to the terms of this Agreement,
WhereismyGC may recover its legal fees and costs (including in-house attorneys
and paralegals), provided that WhereismyGC has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under
any provision of any bankruptcy or insolvency law, WhereismyGC will be entitled
to recover all reasonable costs or expenses (including reasonable legal fees
and expenses) incurred in connection with the enforcement of this Agreement.
WhereismyGC’s failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or
You agree to indemnify and hold us and (as applicable)
our related entities, affiliates, and our and their respective officers,
directors, agents, and employees, harmless from and against any and all claims,
demands, proceedings, losses and damages (actual, special and consequential of
every kind and nature, known and unknown, including reasonable legal fees, ade
by any third party due to or arising out of your breach of this User Agreement
or your violation of any law or the rights of a third party.
WhereismyGC will use USD as currency to process payments
to and from Users. Users will bear the cost of conversion to their local
18. DISPUTES & GOVERNING LAW
Any dispute arising out of or in connection with this
User Agreement shall be governed by the laws of the State of Arizona, United
States. You and WhereismyGC irrevocably submit to the non-exclusive
jurisdiction of the courts of Arizona.
Any dispute or claim relating in any way to WhereismyGC,
your use of WhereismyGC or this Agreement will be resolved by binding
arbitration, rather than in court, except that you may assert claims in small
claims court if your claims qualify.
We each agree that any dispute resolution proceedings
will be conducted only on an individual basis and not in a class, consolidated
or representative action. If for any reason a claim proceeds in court rather
than in arbitration, we each waive any right to a jury trial. We also both
agree that you or we may bring suit in court to enjoin infringement or other
misuse of intellectual property rights.
The provisions of this User Agreement are severable, and
if any provision of this Agreement is held to be invalid or unenforceable, uch
provision may be removed and the remaining provisions will be enforced. This
Agreement may be assigned by WhereismyGC to a third party without your consent
in the event of a sale or other transfer of some or all of the assets of WhereismyGC.
In the event of any sale or transfer you will remain bound by the User
Agreement. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our failure to
act with respect to an anticipated or actual breach by you or others does not
waive our right to act with respect to subsequent or similar breaches. Nothing
in this clause shall exclude or restrict your liability arising out of fraud or
20. CONTACTING US
If you have any questions about these Terms or if you
wish to report violations of these Terms, please contact WhereismyGC at firstname.lastname@example.org.