Terms of Use, Terms of Service & Privacy Policy

Terms of Use and Privacy Policy Agreement

Contact CAD Crowd Support with questions

CAD Crowd is a subsidiary of uFathom Inc.; (hereinafter, also referred to as "uFathom" or "We" or "Us" or "Our") and owns, manages, and operates www.cadcrowd.com (hereinafter, also referred to as "Website"). The users of this Website
(hereinafter, also referred to as "You" or "Your"), in whatever
capacity, shall be subject to the following Terms of Use Agreement
(hereinafter, also referred to as "Agreement"). By using any of the
services or features offered on this Website, You agree to having
understood and abide by the clauses and sub-clauses contained hereunder.
In case any clause or sub-clause contained hereunder is unacceptable,
kindly cease any further use of this Website.

This Agreement is a
legal document that governs the relationship between Us and the Users.
In case of breach of any, some, or all the provisions contained
hereunder, We reserve the right to take any action against the
infringing user in accordance with the relevant applicable law. Such
action may also include suspension and possible termination of the
Account of infringing member without notice; and withholding of payments
due to such provider from uFathom Inc.

This Agreement and all
other policies, terms, rules, regulations, laws, and bye-laws
incorporated by reference constitute the entire agreement between You
and uFathom Inc.,  pertaining to the subject matter dealt with
hereunder.

We reserve the right to change, update, modify, add,
delete, and/or revise any, some, or all clause(s) hereunder without any
notice to anyone. Such updates and modifications shall come into effect
as soon as these are posted on this page. We advise all users to
periodically check this Agreement for updates.

Last Updated: September 22, 2010.

Definitions and User Termonology:

• Affiliate User - A User that is actively involved in promoting this website for a commission fee.
• Arbitration -
  When neither the Buyer nor Provider agrees on agreeable partial
  completion amount, We will make a judgment on the percent (%) of the
  Project that has been completed. The decision shall be binding and not
  called into question by either party to the Dispute.
• Arbitration Fee-
  A fee of $25 or 10% of the Final Value (whichever is higher) shall be
  payable by both parties to the Dispute for the use of Arbitration. 
• Banned User- A user whose Account is permanently blocked due to repeated violations of any provision(s) of this Agreement.
• Basic Account -
  A Basic Account that is provided free of cost to any
  individual/organization that signs up for EngineerOutsourcing.com
  Website. 
• Basic Project -
  A Project that involves one major component for a specified duration of
  time. A Service Provider can submit a Proposal based hourly or full
  project completion estimates. 
• Bid - A Bid means and includes the details as to how the Provider indicates interest in a newly posted Project on the Website.
• Bid Allotment - The number of Proposals that can be made by a Service Provider on a monthly basis.
• Bid Retraction - When a provider cancels a bid.
  A Bid is generally retracted when the expectations for a Project differ
  significantly between the dialog with a Buyer and the actual
  description of a posted project. 
• Budget -
  The cost expectation set by the Buyer when posting a new project.  The
  Buyer has the option to select a Price Range or Open Budget for a
  Project. The Budget set for the Project is flexible and Providers are
  permitted to Bid above or below the amount specified by the Service
  Buyer. 
• Open Budget - A Project where a Service Buyer does not specify a price range and the Project is open to any bid amount.
• Price Range -
  The Bid amount expectation set when a Buyer posts a project. The Price
  Range is flexible and Service Providers are permitted to place a Bid
  above or below the Price Range.
• Cancelled Project - A Project that was cancelled by the Buyer before the end of the listed timeline without selecting a Provider. 
• Closed Project - A Project where the Service Provider(s) has/have been chosen and is not open to further Bids.
• Project Management - The project management tool can be used by Buyers/Providers manage online Projects on this Website.
• Fixed Rate Project - A project posted by the Buyer that . 
• Leads - Qualified potential contacts (affiliate partner referred users).
• Sales - Contacts that directly result in a sale (affiliate partner referred sales).
  
• Commission Note: Commission
  Projects will generally relate to the Buyer marketing requirement,
  which could include marketing the services, website or software for a
  Service Provider.
• User Credentials
  - The qualifications, training and education that a User displays in
  their profile and that is visible to other Website Users. The
  Credentials can be checked by Us to verify accuracy.
• Client Support and Customer Help Desk - Our Customer Support system for answering users questions.
• Deposit - When a User deposits funds into their user account.
• Dispute
  - A Dispute occurs when a Project has been started and one or both
  parties want to cancel the Project. A Dispute is different from Partial
  Completion, as both parties disagree on the percent (%) of the Project
  that has been completed. The Dispute will be resolved when both parties
  find an acceptable compromise or by Our Arbitration. 
• Dispute Resolution Services - The service provided by our Support for resolving a dispute over payment due on this Website.
• Downgrade - When the User changes the user membership from Premier Account to Basic Account.
• Expired Project - A Project that has expired without a successful Proposal from a Service Buyer. 
• Featured Project - A Project that gains additional exposure and more Provider interest by being displayed on the top of the category list.
• Final Value - The amount that the Buyer and Provider agree on as an estimate for the completion of a project.
• Final Value Fee - The Service Fee paid by the buyer and provider to use the site. This may include the project listing fee (fixed-cost), the Managed Services Fee (% of final value) and the Final Project Value Fee (% of final value).
• Full-Time Position -
  When a Buyer has a project that requires work from the Provider on an
  ongoing basis.These project types are based on the hours required per
  week as well as the 
• Hidden Bids -
  Buyers have the option to Hide Bids when posting a project. This is set
  while posting the project and cannot be changed after a project is
  listed. 
• Hide Project Details -
  When a Buyer posts a project that conceals both Provider companies and
  bid details. Hide Project Details can be useful in negotiating a lower
  Bid from the Provider company as well as increasing Buyer privacy.
• Hourly
  Proposal - When the Service Provider submits a Bid that is based on an
  hourly estimate that is flexible and may vary based on the time
  commitment to complete the project. 
• Membership Bids Cycle - The day of the month when the Provider Bids are refilled. A Service Provider can check the number of remaining Bids by logging into the User Control Panel.
• Minimum Bid - The minimum bid amount that a provider can place on a project. 
• Negotiating Phase -
  This is the period of negotiations prior to the acceptance of a Bid.
  During the Negotiation Phase, the Buyer and Provider will discuss
  payment terms, expectations, reporting and deadlines for the project
  deliverables.
• Non-Public Project -
  A Project type which requires a membership before a user can view
  project details. A Non-Public Project will not be visible to Search
  Engines and thus, increases the level of privacy for a Buyer.
• Open Project - A Project that is open to new Bid Proposals from Service Providers.
• Partial Completion - When a Buyer and Service provider mutually agree to cancel a project for a valid reason, a Partial Completion will
  then involve the Service Buyer releasing some percent (%) of the amount
  that, both parties feel, adequately covers the compensation for the
  work already done on the Project. 
• Payment Processing Fee
  - The Service Fee that is charged by online payment providers for
  depositing funds on and withdrawing funds from this Website. The Payment
  Processing Fee includes the fee charges by online payment systems, like
  PayPal, Google Checkout, MoneyBookers, and miscellaneous banking
  services.
• Premium Account - A Premium Account that involves a monthly fee for the use of extra website Tools and a reduced Listing
  Fee and Final Value Fee for Buyers and Providers, The Premium Account
  is appealing for high volume Users on uFathom Website. Service Providers
  stand to gain with Premium Account by increase in Bid Allotment and
  little/no Final Value Fee for projects, in addition to additional tools
  for increasing the chance of a successful Bid. Service Buyers stand to
  gain with Premium Account by reduced/no cost for individual Project
  listings besides access to additional tools for increasing the chance of
  successfully selecting an ideal Service Provider for their Project. 
• Premier Member Project - A Project that only permits Premium Members to bid on the project.
• Private Project (Invite Only Project) - A Project that can only be accessed by the Buyer and Providers that were invited to place a Bid. 
• Project - Any project posted by a Buyer, which is open for Provider Quotes
• Project Categories - Project Categories include general categories of business services that can be outsourced on this Website.
• Project Deadline -
  The date when all Project deliverables are due. The importance of the
  deadline varies based on the Buyer requirements and the importance of
  meeting the timeline should be specified by the Buyer. 
• Project Milestones -
  When both parties agree to sequential payments through the course of a
  Project. Project Milestones generally apply to large, long or ongoing
  assignments where a bulk payment is not an option. Note:
  The funds deposited into uFathom Trust account can only be released in
  full. If the Project is ongoing, commission based or involves
  milestones, the Service Buyer should ensure that the amount deposited is
  the appropriate amount to be released upon completion of a milestone.
• Project Term -
  The duration of the Project listing, which is set when a Buyer posts a
  new Project. Project Term is an indispensable condition for all types of
  listings, including fixed and valiable cost projects.
• Bid (Proposal)
  - When a Provider submits a Bid or quote for a Project. The Buyer can
  accept, reject or counter the Bid placed by the Proivider.
• Rational -
  The Rational includes the justification, reason and details for the
  Provider bid amount. A stronger Rational will often increase the chances
  of success for a Provider. 
• Referral Fee -
  Referral Fee is profit sharing between uFathom and a User who refers
  associates or contacts to this Website. Users typically capture a
  Referral Fee with the placement of uFathom banner on the website owned
  by the referring User.
• Release Payment - When the Buyer transfer funds from the uFathom Trust account into the Provider account. The Release Payment is recommended only when the Buyer is completely satisfied with the quality of the finished Project. 
• Revise Bid -
  When a Service Provider increases or decreases the amount bid on a
  project based on project clarification from the Service Buyer. The
  Revise Bid option is only available while a Project is still open for
  Bidding. 
• Payment Processing Fee - The fee that Users pay for use of this Website and Payment Processing.
• Service Buyer Fee - The fee that a Buyer pays for the use of CAD Crowd Website.
• Service Buyer - Website Users that are involved in hiring Providers to complete projects throught the website.
• Service Providers - Website Users that are engaged in bidding and working on Projects posted on CAD Crowd.
• Service Provider Fee - The fee that a Provider pays for use of the CAD Crowd website.
• Specialty Category - The skill proficiencies of the Provider. A Basic User holder select 30 specialty categories, while a Premier Users can select upto 70 specialty categories.
• Skill Test - Provider Skill testing (under development).
•  Subcontractor - Users that buys and provides services with the same account on the website.
• Customer Support - Our technical team responsible for helping users with their requirements and concerns.
• Terms of Service-
  Terms of Service show the services, working time and privacy provided
  by the Provider and the terms of payment from the Buyer. The Terms of
  Service should be tailored to each specific project and reviewed by a
  legal professional in the appropriate juristiction (applies to both
  fixed and variable cost projects). 
• User Suspension - When a User Account is locked by CAD Crowd Support due to a violation of any provision(s) of this Agreement.
• User Fees - The portion of the Service Fee that is charged for using the CAD Crowd website.
• Trust Account (Escrow)
  - The Trust Account (Escrow) is a service where We hold funds for the
  Buyer. The funds are meant to be transferred to Provider account upon
  completion of the project. The Buyer has the power to release payment to a Provider account. The Provider has the power to cancel and return funds to the Buyer account (when mutually acceptable).
  
• Upgrade - When a User pays a fixed monthly cost to upgrade an Basic Account to Premier Account. 
• User - A company or an individual or any other legal entity that signs up for an account on this Website.
• User Profile - The User Profile is the User information that will be displayed publicly on this Website.
• Withdrawal - When a User makes a withdrawal request and funds are dispursed by CAD Crowd Support.

Eligibility

uFathom Inc., reserves the right to accept or reject the application of any User.

This
Website is intended to be used by individuals or entities that are
eligible to enter into a valid contract under the applicable law. Minors
are, therefore, not allowed to become registered members of this
Website. The applicants who are temporarily or permanently restrained by
a competent legal authority to enter into a valid contract are also
expressly prohibited from joining this Website.

Description of Services

This
Website provides a common platform for Service Buyers and Service
Providers of different services to explore, interact, finalize, and pay
for the projects. The Service Buyers can post their requirements in a
Project, and the Service Providers compete among themselves by bidding
on the projects according to the Project description. The Service Buyers
and Service Providers mutually decide among themselves on the price of
the Projects, and We have no role to play in negotiating the price of
the individual Projects.

The Users understand that any agreement
amongst the Service Providers and Service Buyers has to be consistent
with the clauses and sub-clauses hereunder, and in the event of a
dispute between the two, this Agreement shall prevail.

License

The
Users are given a worldwide, limited, non-exclusive, non-transferable,
and non-assignable license to use this Website under the clauses and
sub-clause contained hereunder. The Users expressly undertake not to
copy, sell, trade, or otherwise commercially exploit the content,
services, and features available on or through this Website.

By
submitting all kinds of content to or through this Website, the Users
hereby, grant Us a worldwide, irrevocable, royalty-free license to use,
copy, modify, display, and perform such submitted content, under all
User intellectual property and proprietary rights. For the purposes of
this license grant, links providing content hosted on third party
servers (e.g., an online portfolio or online resume on another website)
shall not be considered as submission of such content.

General Terms Applicable for All Users

1. The
   Users acknowledge and agree that the relationship between Users and
   that of Independent Contractors or Work For Hire. Nothing contained
   hereunder creates a partnership, joint venture, agency or employment
   relationship among the Users or between Users and uFathom Inc.
2. The
   Users understand that some of the content on this Website is the
   property of uFathom Inc., ; and as such, the Users are prohibited from
   copying, modifying, or interfering with such content in any manner
   whatsoever unless expressly permitted to do so by one of Our authorized
   personnel.
3. Some of the content on this Website (User submitted
   content) may represent users Intellectual Property. Any act from any
   member of the general public infringing on the Intellectual Property
   Rights of the Website Users is strictly prohibited.
4. The Users shall be solely responsible for the content submitted by them on or through this Website.
5. The
   Users agree to provide and keep their personal profile and information
   true, accurate, and current at all times during their membership of this
   Website.
6. The Service Buyers and Service Providers are expressly
   prohibited from negotiating the price of the Project outside of the
   features provided by this Website. For such purposes, both Service
   Buyers and Service Providers are prohibited from disclosing their
   personal contact details (like email address, physical address, ICQ
   number, phone number, personal website URL, etc.) through any of the
   features on this Website. Once the Service Buyer selects the winning
   Bid, both the Service Buyers and Service Providers will be supplied with
   the email address of the respective parties via email. Any attempt
   (successful or unsuccessful) on the part of Users of this Website to
   evade commission by whatever means, shall be considered as violation of
   this Agreement, and the infringing on any User Account shall be
   suspended immediately pending the settlement of dispute.
7. The
   terms applicable for referral commission are listed on the Affiliate
   page. The Users agree to be subject to Affiliate Terms and Conditions
   while using the Affiliate feature on this Website.
8. The Users are
   expressly prohibited from indulging in spamming techniques in any
   manner whatsoever including, but not limited to posting a link in the
   Bid details or through personal message.
9. The Users are expressly
   prohibited from spreading canards and technological nuisances, like
   viruses, Trojans, worms, malware, spyware, and other malicious programs
   intended to damage, destroy, detrimentally interfere with,
   surreptitiously intercept, or expropriate any system, data or personal
   information on other Computer Systems.
10. The Users are expressly
    prohibited from resorting to personal attacks, negative or unfair
    criticism, or other forms of discourteous and unprofessional online
    conduct or practices. 
11. The Users are expressly prohibited from
    indulging in any kind of illegal act including, but not limited to,
    pornography in general, child pornography, violence, racially motivated
    behavior, defamation, profanity, etc. We reserve the right to remove
    such content from this Website at any time without notice, in addition
    to taking any other appropriate action, legal or otherwise, against the
    infringing User.
12. The Users are expressly prohibited from impersonating on this Website in any manner whatsoever.
13. User
    Accounts that have been inactive for more than 365 days shall incur a
    dormant account fee of US$5 per month until either the Account is
    terminated or reactivated. Further, We reserve the right to cancel
    Inactive Accounts with a nil or negative balance.
14. Once a User
    Account is suspended or terminated by Us for violation of any clause of
    this Agreement, such User is prohibited from opening a new account on
    this Website. In the event it is found that a Banned User is operating
    through another account, such User shall forfeit the balance of all
    his/her accounts, and all funds shall be returned to the original
    Service Buyer(s).
    

Payment Terms

1. All payment
   transactions between Service Buyers and Service providers shall be made
   in United States Dollars (United States Currency).
2. Varied
   payment amounts are applicable under different kinds of memberships.
   Users are advised to review the amount payable on their preferred
   membership type.
3. We reserve the right to suspend a withdrawal
   request if the source of the funds is suspected, or proved, to be
   fraudulent. Any funds so received out of a fraudulent transaction shall
   be reversed immediately.
4. If any user is found to indulge in acts
   constituting violation of any of the provisions of this Agreement, he
   or she shall not receive any credit or payment from
   EngineerOutsourcing.com. However, in the event that a User account is
   terminated for any other reason than the violation of this User
   Agreement, such User shall be entitled to receive any payment due from
   EngineerOutsourcing.com.
5. We hold funds on Your behalf in Your
   account on a purely fiduciary level. Users will not stand to earn any
   interest on the amount standing in Your account on the Website.
6. In
   the event of chargebacks on funds paid to the Website, We charge $20.00
   as chargeback charges in order to cover the cost of processing such
   chargebacks.
7. The Users shall be responsible and liable to pay
   any taxes or levies, if applicable on account of services provided by
   this Website.
   

CAD Crowd Trust Account (Escrow)

The
Service Buyer is expected to make an escrow deposit of a pre-determined
amount in uFathom Trust Account as soon as the Service Buyer selects
the Service Provider for the Project. uFathom Inc., , however, does not
operate an escrow service. The uFathom Trust Account is a special
non-compulsory feature that allows controlled payments to the Service
Providers. At the request of Service Buyer, We shall accept an advance
payment for a project and shall hold such funds until the Service Buyer
and Service Provider agree that the funds should be released to the
Service Provider or until Service Buyer and Service Provider have
concluded the process of the Dispute Resolution Services.

In the
event the Service Buyer has not provided any instruction to
EngineerOutsourcing.com with respect to a pending payment in uFathom
Trust Account within 365 days after the day such payment was made, and
has not logged in during that time period, such payment shall be
refunded to the Service Buyer account.

General Disclaimers

1. We
   merely provide a platform for the Service Buyers and Service Providers
   to interact and engage in business activities. In no way shall We be
   liable to anyone in case of a dispute arising out of an essentially
   exclusive issue between the Service Buyer and Service Provider.
2. This
   Website is dynamic and updates in real-time. We exercise no control
   over the User submitted content in the real time. However, We monitor
   the content periodically to ensure compliance with this Agreement.
   Therefore, We disclaim any liability arising out third party content
   that can be found at any time on EngineerOutsourcing.com.
3. The
   Users shall be solely responsible and liable for maintaining privacy,
   confidentiality, and integrity of the password that was used to register
   with the Website. We disclaim any liability arising out of any
   unauthorized and/or illegal access of a User Account by anyone other
   than the registered user.
4. The Users shall be solely responsible
   for adhering to any local, national or international law applicable to
   them. Ignorance of applicable law is no excuse for the Users to escape
   liability. We disclaim any liability arising out of ignorance of law on
   the part of Users.
5. We disclaim any liability for enforcing any User rights.
6. All
   the Intellectual Property Rights issues pertaining to the deliverables
   between the Service Buyers and Service Providers, like transfer,
   licensing, or assignment of Intellectual Property, have to be negotiated
   between the respective parties. We do not arbitrate between the parties
   in case of a dispute involving Intellectual Property Rights of any User
   of this Website or any third party whosoever.
7. The User
   submitted content including, but not limited to, feedback comments and
   ratings, reflects the personal opinions of the Service Buyers and
   Service Providers. We do not regulate such comments and ratings. Any
   Service Buyer or Service Provider relying on or ignoring these comments
   does so at their own risk.
8. The content on this Website may
   relate to diverse matters, the authenticity and accuracy of which is not
   guaranteed by uFathom.com. Users relying on or ignoring such
   information do so at their own risk. 
9. The content of this Website is informative in nature, and must not be taken in advisory context.
   

Third Party Content

This
Website may contain links to the third-party websites or the websites
of Our affiliates or partners. We do not control or manage the content
on these linked websites. Therefore, We shall not be liable for any
transaction or dealing by the users with any of the linked third party
website.

Featured Projects

For fees and other details about the featured projects, please visit our Featured Project section.

Indemnity

The
User agrees to indemnify and hold EngineerOutsourcing.com and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorney fees, made by any third party due to or arising out
of the content You submit, post, transmit or make available through
EngineerOutsourcing.com, Your use of EngineerOutsourcing.com, Your
violation of this Agreement, your violation of any rights of any other
person, or any other loss suffered by EngineerOutsourcing.com on account
of Your direct or indirect conduct.

Limitation of Liability

EXCEPT
IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT
SHALL ENGINEEROUTSOURCING.COM BE LIABLE TO ANY USER OR ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF ENGINEEROUTSOURCING.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, ENGINEEROUTSOURCING.COM LIABILITY TO USERS FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL, AT ALL
TIMES, BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USERS TO
ENGINEEROUTSOURCING.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.

DMCA

Without
limiting the foregoing, if you believe that your Rights are being
infringed on EngineerOutsourcing.com in a way that constitutes copyright
infringement, please feel free to contact us. We will require following
information, consistent with the Digital Millennium Copyright Act
(DMCA), to redress the complaint effectively and timely manner.
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that You claim has been infringed;
3. a description where the material that you claim is infringing is located on EngineerOutsourcing.com;
4. Your address, telephone number, and email address;
5.
a written statement to the effect that You are acting on good faith
belief that the disputed use of the work is not authorized by the
copyright owner, its agent, or the law;
6. a statement to the effect
made under penalty of perjury, that the above information in Your notice
is accurate and that You are the copyright owner or authorized to act
on behalf of the copyright owner.
Our Copyright Agent for notice of claims of copyright infringement can be reached at:

Waiver

uFathom
Inc., (CAD Crowd) failure to enforce any right or to act
against any breach by a User of any clause(s) or sub-clause(s) contained
hereunder shall not be construed as waiver of that right nor waives the
the Website right to act with respect to subsequent or similar
breaches.

Severance

If any provision contained herein is
held to be invalid or unenforceable by a competent legal authority, such
provision shall be struck off and the remaining provisions shall remain
enforceable.

Jurisdiction

All the disputes arising out
of or related to this Agreement, or a User relationship with
EngineerOutsourcing.com shall be subject to the laws and courts of
Calgary, Alberta, Canada.

PRIVACY POLICY FOR UFATHOM INC. (cadcrowd.com)

The CAD Crowd Marketplace by uFathom Inc.,  (hereinafter, also referred to as We, or Us, or Our) owns, manages, and operates EngineerOutsourcing.com (hereinafter, also referred to as Website).
Through this page, We intend to convey our commitment to honor and
uphold the online privacy of the Website users. This Privacy Policy
(hereinafter, also referred to as Policy),
inter alia, informs the users of the Website the mode through which We
collect, use, protect, and, sometimes, disclose their personal and
non-personal information. By using of any of the features of this
Website, the users acknowledge that they have understood, agreed, and
accepted the provisions of this Policy.

Updates

We
reserve the right to update this Privacy Policy anytime. However, any
substantial changes to this policy shall be notified only to the
registered users/members of this Website. Therefore, We strongly
recommend that the users periodically check this page for latest updates
to this Policy.

Last updated: September 23, 2010.

Information We Collect and How We Use It

We collect only that much information from the users that is required to provide efficient, timely, and reliable services.

Personally
Identifiable Information: When the users fill out Registration Form and
become the members of this Website or while submitting a survey, We
collect their certain personal details including, but not limited to,
user profile, username, email address, full name, postal address,
telephone number, fax, etc. This information is used to contact the
registered users, informing about the project(s) that match their
profile, resolving disputes, providing customer support,
troubleshooting, enforcing our Terms of Use Agreement, or any other
matter that involves protection of Our legal and proprietary interests.

Certain
personal details, like Profile (Name, Company Name, Business Name,
Location, Area of Expertise, etc.), feedback and comments by other users
will be publicly available on this Website.

Non-Personally
Identifiable Information: During the course of interaction with this
Website in any manner and in any capacity whatsoever, We also collect
certain non-personally identifiable information from the users
including, but not limited to, the user Internet Protocol (IP) Address,
ISP IP Address, browser used to access this Website, operating system
installed on the computer, and other aggregate and generic information.
This information is used to enhance the user experience of this Website
as well as offering them targeted advertisements. This non-personally
identifiable information may be shared with Our advertisers and
affiliates in order to provide the users with better services. However,
this information, in no way, compromises the users online privacy.

Further,
We guarantee that We do not sell, rent or otherwise commercially
exploit any personal or non-personal information of the users so
collected by our systems, except for marketing purposes. The users are
free to deny their consent of such usage anytime by contacting us.

Cookies

Cookies
are small text file placed on the user computer system to give them
enhanced browsing experience. We use cookies to identify if a user has
already logged in, which will help determine is a user must to re-enter
the log-in information each time you visit different pages on this
Website. However, when the users log out of their account, all such
cookies shall be automatically cleared. The users are free to manage the
cookies by disabling them through Internet Options or Preferences of
their browser. However, this could seriously impair the intended use of
this Website.

Exceptions

This Policy shall not be
applicable in case of any of the following disclosures of personally
and/or non-personally identifiable information of users of this Website:

1. Disclosure to appropriate government agencies in response to legal processes; or
2. Any unlawful and/or unauthorized access to, and transmissions of, personal information from this Website; or
3. Disclosure of personal information by the user itself through any of the online of offline media; or
4. Disclosure of any information on account of acquisition by, sale by, or merger of this Website with, another legal entity.
   

Security Measures

All
the personal information collected from the users of this Website
including, data collected for payment purposes, is stored and preserved
on the third party servers that are protected by employing strictest and
latest industry-standard safety mechanisms. This includes both
technological as well as non-technological measures in order to conserve
the secrecy, confidentiality, and integrity of such information.
However, We disclaim any liability arising from any compromise in
security from Our end despite Our best efforts.

In case of any
further assistance, please Contact Us and We shall try to address your
privacy concerns at the earliest possible time.

CAD FILES LICENSE AGREEMENT

This CAD Files License Agreement (hereinafter, referred to as ‘Agreement’) outlines the terms and condition applicable to the use of files downloaded from the Free CAD Library (hereinafter, referred to as ‘Library’) of EngineerOutsourcing.com (hereinafter, referred to as ‘Website’ or ‘We’ or ‘Our’ or ‘Us’) located on the World Wide Web at the address: http://www.cadcrowd.com/cad_library.html.

This Agreement shall be read in conjunction with the Terms of Use and Privacy Policy Agreement located on the World Wide Web at the address: http://www.cadcrowd.com/page/terms_use.html. In case of any inconsistency between this Agreement and the Terms of Use and Privacy Policy Agreement, the provisions contained in this Agreement shall apply.

The relevant provisions of this Agreement shall apply to the users who opt to download the file(s) available on the Library page based on the user-determined choice as applicable.

Standard License Terms

We hereby grant you a perpetual, non-exclusive, non-transferable worldwide license to use the downloadable file(s) available on the Library page in accordance with the permitted and prohibited usage as defined under each respective license category.

All other rights in and to the downloadable file(s) available on the Library page including, without limitation, all copyright and other intellectual property rights relating to the downloadable file(s) available on the Library page, are retained by Us or the supplier of the downloadable file(s) available on the Library page, as the case may be.

Free License Terms

Under the Free License terms, the user shall not be required to pay for the downloadable file(s). In case the uploader of the file has not put any price on the downloadable file(s), the user is free to download the file(s) under Free License, and can use such downloadable file(s) strictly for personal use. However, the user is expressly restrained from distributing or re-distributing such downloadable file(s) without express written permission from the uploader.

The permitted and prohibited usage for Free License users include:

1. Resale, license, sub-license, rent, lend, assign, gift, transfer or distribute the downloadable file(s) or the rights granted under this Agreement or other distribution of work contained in such file(s) is prohibited, unless the work contained in such file(s) has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the uploader to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the work contained in such file(s) nor is the file(s) capable of being downloaded, extracted or accessed by a third party as a stand-alone file.
2. Using or displaying the downloadable file(s) in an electronic format that enables it to be downloaded or distributed via any mode is strictly prohibited.
3. Reverse engineering, decompiling, or disassembling any part of the source code of such downloadable file(s) is strictly prohibited.
4. Removing any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the downloadable file(s) is prohibited usage.
5. Using the work contained in such file(s) for editorial purposes without crediting the original author of the work is prohibited usage.
6. Making one (1) copy of such file(s) solely for back-up purposes is permitted. However, the user shall be required to reproduce all proprietary notices on such single back-up copy.
7. Permitted use include: (i) advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (which are not meant for resale or license); (ii) entertainment applications, like books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations; and (iii) any other uses approved in writing by Us.
   

Paid License Terms

Under the Paid License terms, the user shall be required to pay for the downloadable file(s). In case the uploader of the file has put a price on the downloadable file(s), the user is obligated to pay the price before downloading the file(s) under Paid License and using such downloadable file(s) strictly for personal use. However, the user is expressly restrained from distributing or re-distributing such downloadable file(s) without express written permission from the uploader.

The permitted and prohibited usage for Paid License users include:

1. Resale, license, sub-license, rent, lend, assign, gift, transfer or distribute the downloadable file(s) or the rights granted under this Agreement or other distribution of work contained in such file(s) is prohibited, unless the work contained in such file(s) has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the uploader to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the work contained in such file(s) nor is the file(s) capable of being downloaded, extracted or accessed by a third party as a stand-alone file.
2. Using or displaying the downloadable file(s) in an electronic format that enables it to be downloaded or distributed via any mode is strictly prohibited.
3. Reverse engineering, decompiling, or disassembling any part of the source code of such downloadable file(s) is strictly prohibited.
4. Removing any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the downloadable file(s) is prohibited usage.
5. Using the work contained in such file(s) for editorial purposes without crediting the original author of the work is prohibited usage.
6. Making one (1) copy of such file(s) solely for back-up purposes is permitted. However, the user shall be required to reproduce all proprietary notices on such single back-up copy.
7. Permitted use include: (i) advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (which are not meant for resale or license); (ii) entertainment applications, like books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations; and (iii) any other uses approved in writing by Us.
   

Unlimited License Terms

Under the Unlimited License terms, the user may be required to pay for the downloadable file(s). In case the uploader of the file has put a price on the downloadable file(s), the user is obligated to pay the price before downloading the file(s). However, in case the uploader of the file has not put a price on the downloadable file(s), the user is free to download the file(s) without any charge or fees. The user is free to use, distribute or re-distribute such downloadable file(s) without any express written permission from the uploader, subject to the following permitted and prohibited usage.

The permitted and prohibited usage for Unlimited License users include:

1. Resale, license, sub-license, rent, lend, assign, gift, transfer or distribute the downloadable file(s) or the rights granted under this Agreement or other distribution of work contained in such file(s) is permissible.
2. Using or displaying the downloadable file(s) in an electronic format that enables it to be downloaded or distributed via any mode is permissible.
3. Reverse engineering, decompiling, or disassembling any part of the source code of such downloadable file(s) is strictly prohibited.
4. Removing any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the downloadable file(s) is prohibited usage.
5. Using the work contained in such file(s) for editorial purposes without crediting the original author of the work is prohibited usage.
6. Making unlimited copies of such file(s) is permitted. However, the user shall be required to reproduce all proprietary notices on such copies.
7. Permitted use include: (i) advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (which are not meant for resale or license); (ii) entertainment applications, like books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations; and (iii) any other uses approved in writing by Us.
   

Term and Termination

Unless terminated by either party, this Agreement remains effective.

The user can terminate this Agreement by destroying the work contained in such file(s) and any permitted derivative work, along with any copies or archives or accompanying materials (if applicable), and ceasing to use the work contained in such file(s) for any purpose.

We can terminate this Agreement without any notice to anyone, if at any time, the user fail to comply with any of its terms contained hereunder. Upon such termination by Us, the user must destroy the work contained in such file(s) and any permitted derivative work, along with any copies or archives or accompanying materials (if applicable), and cease to use the work contained in such file(s) for any purpose, and if requested, confirm to Us in writing about the compliance of this provision.

Upon notice from Us, or upon user’s knowledge that any work contained in such file(s) is subject to a threatened, potential or actual claim of infringement of another’s right for which We may be liable, the user must immediately and at his/her own expense stop using the work contained in such file(s) and delete the work contained in such file(s) from his/her premises, computer systems and storage (electronic or physical).

Disclaimers

1. The downloadable file(s) is/are provided “AS IS” without representation, warranty or condition of any kind, either express or implied including, but not limited to, the limited representations, warranties or conditions of merchantability, or fitness for a particular purpose.
2. We do not represent that the use of the work contained in downloadable file(s) will be uninterrupted or error-free. The entire risk as to the quality and performance of the work contained in the downloadable file(s) shall be borne by the user.
3. We shall not be liable for any damages, costs or losses arising as a result of modifications made to the work contained in downloadable file(s) by the user or the context in which work contained in downloadable file(s) is used by the user.
   

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE USER’S USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THEWORK CONTAINED IN DOWNLOADABLE FILE(S), OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO THE USER HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. NO ACTION, REGARDLESS OF FORM OR NATURE, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY OR ON BEHALF OF THE USER MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION FIRST AROSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREUNDER, OUR TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY THE USER TO US.

Indemnity

The user agrees to indemnify, defend and hold Us, Our affiliates, and their respective directors, officers, employees, shareholders, partners and agents harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable attorney’s fees) incurred by either of the above parties as a result of, or in connection with, any breach or alleged breach by the user or anyone acting on the user’s behalf of any of the terms of this Agreement.

Modification

No amendment, change or modification of this Agreement shall be valid unless in writing and agreed, either expressly or impliedly, by the parties hereto.

Severance

If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall, nevertheless, remain in full force and effect.

Jurisdiction

The laws applicable in Calgary, Canada, shall govern the validity of this Agreement, the construction of its terms and interpretation of the rights and duties of the parties hereto.

Company Contact Information

If
you have an questions regarding the Privacy Policy, the practices of
this website or any dealings that you will have or may have had with our
website, please contact customer support or call (403) 390-9203.

CAD Crowd Corporate Address
Attn: uFathom Inc.
Suite 900, 926 - 5th Avenue SW
Calgary, Alberta T2P 0N7
Canada
Attn: Copyright Agent
Email: support @cadcrowd.com