Terms Of Use

 
Terms Of Use

User Agreement and the Terms of Conditions of Use

Last Revised: February, 2016

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

This User Agreement, Terms of Conditions Use and Privacy Policy (this “Agreement”) is entered into by and between eLingual.Net, LLC its owners, affiliates, investors, directors, staff, company, or representatives and you (“User”), and is made effective as of the date of electronic acceptance.  This Agreement sets forth the terms and conditions of your use of eLingual.Net services (the “Services” and “Site”).  Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement. By using this site and each time you access the site, you accept and reconfirm your agreement of the User Agreement and Terms and Conditions Use which constitute a binding agreement in which you agree and acknowledge the following:

The terms “we”, “us”, “our”, "eLingual.Net" or “Site” shall refer to eLingual.Net.  The terms “you”, “your”, “User" “client” “translator” “interpreter” “professional” shall refer to any individual or entity who accepts this Agreement.  Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

• Users must be 18 and over and able to form legally binding contracts.
• You are solely responsible for the accuracy and content of information provided by you.
• The party receiving information as part of your use of the site can use such information.
• All sources of communication with eLingual.Net including the Privacy Policy, User Terms and Conditions of Use Agreement are considered communications in writing and will have the same effect as if they were in writing and signed.

eLingual.Net IS
• A source of information.
• A meeting place for clients and professionals.
• A neutral online meeting place between its users.
• Providing its service at an “AS IS” and “AS AVAILABLE” basis.

eLingual.Net IS NOT
• An interpretation or translation agency.
• An agent, partner, in joint venture with its users.
• Involved in the transactions or communications between its users.

YOU, the User ARE LIABLE AND RESPONSIBLE for… (i) any and all activities that occur under your account (ii) use of common sense, good judgment and caution when using eLingual.Net (iii) communicating directly with anyone you meet on eLingual.Net (iv) provide truthful, accurate, complete information regarding yourself, and/or the company you represent (v) direct or indirect communications including, but not limited to, private emails, phone calls, posts etc., to and from clients, professionals and/or users on the site (vi) delivery of services or goods for and/or from clients, professionals and/or users on the site (vii) terms, conditions, warranties, contracts, agreements, guarantees, or representations from such dealings and transactions for and/or from clients, professionals, and/or users on the site (viii) damages, injury suffered by other eLingual.Net users, eLingual.Net or any third party as a result of any remarks, posts, communications, and/or content; if a court finds them defamatory or objectionable (ix) your own posts, content, ratings, remarks, and/or communications (x) using the site at your own risk and any material and/or data downloaded or otherwise obtained is done at users discretion and is solely responsible for any damage and/or loss of data to user’s computers or electronic devices (xi) reporting any violations or abuses to eLingual.Net, including, but not limited to, the ratings system, posts etc. (xii) any and all damages or loss that results from the use of this site (xiii) relying upon other sources of information; including, but not limited to, checking credentials and references etc., other than the database when deciding to choose a professional and asking for information of the other user, you feel may be needed to evaluate and consider for user’s trustworthiness (xiv) dealing with foreign nationals who may not fall under the laws of your area, minors, and/or people acting under false pretense.

eLingual.Net makes NO WARRANTY…Of the accuracy, results, verification, authentication, reliability, completeness, truth, legality, quality, or safety of (i) any information, service through the site or postings made by the site users (ii) identity, credentials, experience, education, qualifications, background, skills, abilities and/or willingness to assist to work in any matter of the site users (iii) any and all expressed or implied representations, advice, information and/or warranties oral, written, or obtained by user through the site, from the site, its contents, and/or from staff, shall create any warranty not expressly made herein (iv) service will meet your expectations (v) service will be secure, timely, uninterrupted, error free, or that the defects in the software will be corrected (vi) for deletion or failure to save and/or store data, job postings, ratings, and any other information or form of communication made using the site (vii) any goods or services purchased or obtained through the site or any transactions entered into through the site.

eLingual.Net* is NOT LIABLE OR RESPONSIBLE (INDEMNIFICATION) for… any and all, direct or indirect, known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present and/or future claims, loss, disputes, errors, omissions, negligence, breach, violation, incidental, consequential damages, actions, liabilities, expenses, demands, damages, causes of action and rights, in any way resulting, arising out of, related or in connection with (i) the use of the site and/or information provided on the site (ii) breach or violation by you, a user and/or a third party of the Agreement, Terms and Conditions of Use and Privacy Policy; and/or parties that use services provided by the site (iii) dealings, data loss, transactions, contracts, agreements entered into, or any goods or services purchased or obtained through the site or on and/or off the site from users or any third party (iv) presence and/or representations of clients, professionals, or users on the site (v) views expressed on posts, profiles, ratings or its users (vi) accuracy, timeliness, quality, reliability of the content obtained or posted to this site or by the site, by users or any third party (vi) accuracy, verification, timeliness, quality, reliability, and ability of professionals to perform translations and/or interpretations as represented or as agreed (vii) termination of service to any user (viii) removal or inclusion of any content into their cache from search engines.

eLingual.Net RESERVES THE RIGHT to…(i) monitor, edit, remove any activity or content which it considers, at its sole discretion, to violate or the user’s conduct fails to conform to the site’s Terms and Conditions of Use and/or Privacy Policy.  (ii) for any reason, at its sole discretion, to terminate, change, modify, impose limits, set access restrictions, suspend or discontinue any aspects or features of the site in part or all, including, but not limited to, content, features etc., without any prior notice to the user.  (iii) make changes, revisions effective immediately upon their release, to the Terms and Conditions of Use Agreement and Privacy Policy with or without notification at any time.

Site Rules of Conduct

EXPECTATIONS.  Courtesy, respect, quality work, quality services, and professionalism are always expected on and off the site, when performing a job.

PROFILE.  One profile per person is permitted.  Users will use this information to contact you and bill you (if applicable), only use information you would like users to use.  If you prefer a certain contact method indicate this on your notes and include any special comments.

FRAUD.  Misrepresentation, fraud, defamation, inaccurate, misleading, mislabeling, deceptive, and/or unlawful information of any kind is forbidden.  You may not impersonate any other person or entity, and any past or current eLingual.Net staff member.  You may not give false information or purposely hide any information when you register, post, upload, email, or publish on/to the eLingual.Net website of yourself and/or business you represent.

POSTS.  Only post language related jobs for translation or interpretation.  Jobs posts should be as detailed as possible and paid promptly.

LANGUAGE.  All offensive, vulgar, threatening, harassing, obscene, defamatory, profane language, images and video is not permitted.  Any language, image, and video depicting, harassing, and/or threatening any religion, race, nation, gender, sexual orientation or content that maybe considered emotionally, shocking, disturbing and offensive, is not permitted.

HARASSMENT.  Harassment of any type is not tolerated.  You may not use any harmful, harassing, threatening, embarrassing, libelous, pornographic, profane, uncomfortable, abusive, distressful, sexually explicit, obscene, defamatory, hateful, objectionable, vulgar, racially or ethnically offensive language, images or any form of transmission upon another user.

ADVERTISEMENT.  Outside advertisement, hate propaganda, or hate mongering is prohibited.  You may not promote websites with content that violates these rules or advertise products or websites that are not related to eLingual.Net.  Posts that can be construed as advertising, with the exception in the profile page as an introduction about yourself.  eLingual.Net reserves the right to delete any or part of posts and profiles that amount to spam.

UNLAWFUL.  You may not violate local, city, state, federal, national, or international laws and regulations.  You shall not upload, post, publish, transmit, reproduce, distribute in any form of any kind or type of transmission constituting or encouraging illicit conduct and activities.

HACKING.  You may not modify, interfere, decipher, hack, or shut down any part of the Server or any part of the eLingual.Net’s website, other user’s accounts or networks connected to eLingual.Net.  You shall not transmit through the site any information, text, files, links, messages, images, e-mails, and any forms of communication or other material that eLingual.Net at its sole discretion, consider it violates it rules.

COPYRIGHT.  Copyrighted material (including but not limited to, information, software etc.,) may not be posted, uploaded, published, transmitted, reproduced, distributed in any way shape or form, unless you obtain the written permission from the copyright owner, always indicating the author and source.  You may not post any material that violates anyone’s privacy or other personal rights.

CONFIDENTIALITY.  Information is deemed Confidential Information if, given the nature of the client’s business, a reasonable person would consider such information confidential.  You agree to exercise the same degree of care as he/she accords to his/her own confidential information, but in no case less than reasonable care, and to use Confidential information which user provides to professional only for the performance of services for user and not for the professionals own benefit.

Other Site Rules

VERIFICATION: After registration, members are required to completely fill out their profille.  Including social media accounts and website that verify their an individual client, a business client, a professional translator and/or a professional interpreter.  If the member does not complete their profile withing 7 days their account will be placed on hold.


POSTING AND APPLYING FOR JOBS:  Clients must post jobs as soon and as detailed as possible.  If there is required information the client would not like to reveal, they can simply type "PRIVATE" in the text box.  Professionals can only apply for jobs they are qualified and able to do.  The client will be notified when a professional "APPLIES" for the job.  Professionals do not know who or how many other professionals have applied for the job.  Clients must review interested professional's profile and contact them if they have any further questions.  Before a professional is "ASSIGNED" the job, the client must contact the professional to confirm the details and rate.  Any questions regarding the professional or job, must be discussed with the professional or client and not eLingual.Net.

JOB MODIFICATION/CANCELATION BY CLIENT:  When a client modifies a job, they must notify the professional immediately and agree to the modification.  When the client needs to cancel, they must change the job status from "ASSIGNED" to "CANCELED" and notify the professional.  Be aware that if the client cancels or make any modification, each professional has their own cancellation and/or modification which the client must respect.  In the case of an interpretation job, if this occurs within or less than 24hrs before an the job is due, the professional may notify eLingual.Net and we may take administrative action towards the client.  In the case of a translation job, if this occurs within or less than half-way before the job is due, the professional may notify eLingual.Net and we may take administrative action towards the client.

VIEW JOBS:  Jobs are posted 24 hours a day 7 days a week by clients, so search jobs on a regular basis. 

JOB MODIFICATION/CANCELATION BY A PROFESSIONAL:  The professional must immediately notify the client and change the job status from "ASSIGNED" to "CANCELED" to give the opportunity for another professional to view and apply for the job.  In case of an interpretation job, if this occurs within or less than 24hrs before the job is due, the client may notify eLingual.Net and we may take administrative action towards the professional.  In the case of a translation job, if this occurs within or less than half-way before the job is due, the client may notify eLingual.Net and we may take administrative action towards the professional.

SHORT NOTICE JOBS:  Short notice jobs are those that are posted within the 24hrs they need to be completed.  In very rare occasions the job is not accepted by any professional.

RATINGS.  Clients and premium members are required to be fair and honest when rating one another.  Ratings are public feedback by users for users of whom user have transacted.  eLingual.Net calculates an average rating based on the individual ratings made by users.  Users agree to be rated by each other, which serves as a medium for feedback and informational purposes.  eLingual.Net does not monitor or censor these ratings or investigate the accuracy of these opinions unless a user brings the particular posting to the attention of eLingual.Net’s staff.


Assignment Status and Terms Defined
• APPLIED: A professional has shown interest in the job.
• ASSIGNED: A professional has been chosen for the job.
• CANCELED: (Client) A cancellation by the client means the job is no longer available.  (Professional) A cancellation by a professional means he/she can no longer fulfill the job.  The status changes to "OPEN" and becomes available for other professionals to view and apply.
• CERTIFIED: A professional who has a college or university degree in the field, and/or a professional who is state or federally certified; and/or a professional who has been given a certificate by a recognized association, school or other respected institution within the field.
• COMPLETED: The job and processes are done.
• INTERPRETATION: Facilitating of oral or sign language communication between users of different languages.
• OPEN: A job is available to professionals.
• QUALIFIED: A professional that has experience and knowledge in the field; and/or a professional who has completed a college level training program within the field.
• READY FOR REVIEW: Job and participants are finished and are waiting to be rated.
• TAKEN Notifies professionals who have "APPLIED" for a job, that is has already been "ASSIGNED" to another professional.
• TRANSLATION: The communication of the meaning of a sour language text to an equivalent target language text.

Disciplinary/Administrative, Actions/Termination

All users and staff members are expected to follow the same rules at all times while on the eLingual.Net website.  Please report any violators to the site’s administration.  Users who violate the rules may or may not receive warning before an action takes place.  Since each situation is different the severity of disciplinary action depends of the severity of the problem.  In rare cases of severe infraction, eLingual.Net administration may terminate a profile and membership with effective immediately.  The following actions include, but are not limited to the following:

• Edit/Deletion of the content, post, profile etc.
• User account suspension
• User account banishment
• Legal action
Membership (Cancellations and Refunds)


Satisfaction is guaranteed: A full refund of the monthly fee is available for 10 days, and a pro-rated refund is available any time thereafter, no questions asked.  Premium membership is a recurring transaction of only $10 per month.  In the future, only if it is needed, eLingual.Net may need to change it's revenue model; before any changes of this scope take place it will be fully explained and discussed with its members. 


Code of Ethics and Professional Practice
As a member of the eLingual.Net community you promise to accept and practice the following ethical and professional behavior:
• Post jobs as soon and as detailed as possible.
• Before work begins, by mutual agreement, define who, what, when and how work is expected (agreements must include timing, currency and who will pay the cost).
• Establish your compensation amount fairly but competitively, within your services, skills and experience.
• Be honest and only apply for jobs within your representations, resources, time, credentials, experience, expertise, qualifications, abilities, specialties, experiences, certifications and responsibilities.
• Convey meaning faithfully, accurately and impartially.
• Keep and protect privileged and confidential information always.
• Abide by the terms of all business transactions and agreements.
• Resolve any dispute that arises from your professional interactions among parties involved.
• Never unjustly criticize online or offline a fellow member or their work.
Disclosure


USERS HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ELINGUAL.NET, LLC AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND STAFF FROM AND AGAINST ALL CLAIMS, LIABILITIES AND EXPENSES, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, WHICH MAY RESULT FROM ACTS, OMISSIONS, OR BREACH OF THIS AGREEMENT BY ELINGUAL.NET, LLC , ITS SUBCONTRACTORS, EMPLOYEES OR AGENTS.  THIS PROVISION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.

YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES AND REVISIONS OF THE AGREEMENT, TERMS AND CONDITIONS OF USE POLICY.  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SITE AND MUST IMMEDIATELY DISCONTINUE USING THE SITE.  IF YOU BECOME DISSATISFIED WITH THE SITE IN ANY WAY, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE SITE. AFTER WHICH, ELINGUAL.NET SHALL REMOVE ANY INFORMATION YOU HAVE POSTED.

IF ANY PROVISION OF THIS AGREEMENT IS HELD BY A COURT TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE SO AS TO AFFECT THE INTENT OF THIS AGREEMENT, AND THE REMAINDER OF THE AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.  THE FAILURE BY ELINGUAL.NET TO EXERCISE OR ENFORCE ANY RIGHTS OR PROVISIONS OF THIS AGREEMENT SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION.  YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CASE OF ACTION IS PERMANENTLY BARRED.  YOU AGREE THAT ALL MATTERS SHALL BE A VENUE IN DELAWARE, UNITED STATES OF AMERICA.  CALIFORNIA RESIDENTS WAIVE CALIFORNIA CIVIL CODE SEC. 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

THE USER AGREEMENT AND TERMS OF CONDITIONS USE COMPRISE THE ENTIRE AGREEMENT BETWEEN YOU AND ELINGUAL.NET, LLC AND SUPERSEDE ALL PRIOR AGREEMENTS BETWEEN THE PARTIES, REGARDING THE SUBJECT MATTER CONTAINED HEREIN.  ALL PROVISIONS IN THIS AGREEMENT REGARDING REPRESENTATIONS, WARRANTIES, INDEMNIFICATION, DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Translation Disclaimer:  This is the official English original of the eLingual.Net, LLC User Agreement Terms and Conditions of Use and Privacy Policy.  In case of any discrepancy between its translations and this original English version, this English version shall prevail.