THIS IS A
LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY
SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND
BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE
READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS
TERMS.
1. Parties. The parties to this Agreement are you, a
visitor to this web site ("You"), and the owner and
operator of this web site: BuyerContract.com All
references to "us", "this web site" or "this site" shall
be construed to mean BuyerContract.com. If the user is not
an individual, then "You" means Your company, its
officers, members, agents, successors and assigns.
2. Assent To Terms of Use And Amendment.
BuyerContract.com grants a non-exclusive, non-transferable,
and revocable license to You and provides the services
available at this site to You subject to the following
terms and conditions. THESE TERMS AND CONDITIONS MAY BE
AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU
CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND
CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN
USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR
RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF
THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR
RELATIONSHIP WITH BuyerContract.com ARE SUBJECT TO ALL
GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME
ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO
THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE
BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST
CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY
GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT
AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.
3. Entire Agreement. This Terms of Use Agreement will
be expressly incorporated by reference in each and every
agreement between You and BuyerContract.com, and except for
any separate license agreement for software and/or
content, this terms of use agreement supersedes any and
all prior and existing agreements, whether oral or in
writing, between You and BuyerContract.com with respect to
the subjects addressed herein and constitutes the entire
agreement between the parties with respect to those
subjects. Except for any separate license agreement for
software and/or content, You acknowledge that neither
BuyerContract.com nor anyone on BuyerContract.com's behalf
has made any representations, inducements, promises or
agreements, orally or otherwise, to You relating to the
subjects addressed by this terms of use agreement that are
not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this
site to upload or distribute in any way files that contain
viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's
computer; (ii) not to interfere or disrupt this site or
any networks connected to this site; (iii) not to use any
device, software or routine or attempt to interfere with
the proper functioning of this site or any transactions
being offered at this site; (iv) not to take any action
that imposes an unreasonable or disproportionately large
load on BuyerContract.com's infrastructure; (v) not to use
this site to collect or harvest personal information,
including, without limitation, financial information,
about other participants at this site; and (vi) not to
impersonate any person or entity or falsely state or
otherwise misrepresent Your affiliation with a person or
entity. You agree not to use the services, products, or
downloads available at this site for illegal purposes, and
to comply with all regulations, policies and procedures of
networks connected to this site.
5. Compliance with Laws. You shall comply with all
applicable laws and regulations of the United States and
foreign authorities (including, but not limited to United
States trade restriction laws, export laws or license
requirements and laws regarding the sale or transport of
hazardous materials, and laws regarding the transmission
of technical data, including without limitation
encryption, exported from the United States through the
services available at this site) relating to any service,
product, or download associated with this site.
6. Separate License Agreement(s). You may acquire
software and/or content from BuyerContract.com by download
from this site, or otherwise directly from
BuyerContract.com. You agree that your use of such software
and/or content shall be strictly in accordance with the
applicable license agreement(s).
7. Copyrights. The copyright in all material provided
on this site is owned by BuyerContract.com or by
BuyerContract.com's licensor(s). You acknowledge and agree
that this site contains proprietary information that is
protected by applicable intellectual property and other
laws. You further acknowledge and agree that information
presented to You through this site, including text,
graphics, logos, icons, images and software, and the
arrangement and compilation of such content, are the
property of BuyerContract.com or its content suppliers and
is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
BuyerContract.com does not grant any license or
authorization to any user of its copyrightable material or
other intellectual property, by placing them on this site.
Furthermore, except as stated herein, none of the material
may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form
or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or
otherwise, without the prior written permission of
BuyerContract.com or the copyright owner. However, You may
print a copy of the information on this site for Your
personal, non-commercial internal use or records. In so
doing, You may not modify the materials and You agree to
retain all copyright and other proprietary notices
contained in the materials. This permission does not give
You any ownership rights in the information and terminates
automatically if You breach any of these terms or
conditions. If You make any other use of this site, except
as otherwise provided herein, You may violate copyright
and other laws of the United States, other countries, as
well as applicable state laws and may be subject to
penalties.
8. Trademarks. The trademarks, service marks, and logos
(the "Trademarks") used and displayed on this site are
registered and unregistered Trademarks of BuyerContract.com
and others. Nothing on this site should be construed as
granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the
site, without the written permission of the Trademark
owner. BuyerContract.com aggressively enforces its
intellectual property rights to the fullest extent of the
law. BuyerContract.com prohibits use of any of the
forgoing names or marks as a metatag or as a "hot" link to
any BuyerContract.com site unless establishment of such a
link is approved in advance by BuyerContract.com in
writing. If You have any questions regarding any
trademarks on the site, please contact BuyerContract.com.
9. Links. This site may provide links to other Internet
sites. BuyerContract.com is not responsible for the
availability of such other sites and does not endorse and
is not responsible or liable for any content, products or
other materials available on such other sites. Links to
external web sites do not constitute an endorsement by
BuyerContract.com of those sites or the sponsors of such
sites or the content, products, advertising or other
materials presented on such sites. Further,
BuyerContract.com reserves the right to terminate any link
or linking program at any time. BuyerContract.com does not
author, edit, or monitor these unofficial pages or links.
You further acknowledge and agree that BuyerContract.com
shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any
information, goods or services available on or through any
such site. If You decide to access any of the third party
sites linked to this site, You do this entirely at Your
own risk.
10. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED
ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED
IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS
AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON
AN "AS IS" BASIS FROM BuyerContract.com AND ITS INFORMATION
PROVIDERS, BuyerContract.com AND ITS AFFILIATES AND CONTENT
PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE
PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE
ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON
THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE
INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED
ON THIS S ITE. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, EACH OF BuyerContract.com AND
BuyerContract.com'S AFFILIATES AND CONTENT PROVIDERS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR P URPOSE, TITLE AND/OR
NONINFRINGMENT. YOU ACKNOWLEDGE THAT NEITHER THIS SITE IS
ENGAGED IN PROVIDING PROFESSIONAL LEGAL SERVICES OR LEGAL
ADVICE, AND THAT IT IS YOUR RESPONSIBILITY TO SEEK
COMPETENT LEGAL COUNSEL TO ADVISE YOU REGARDING THE
APPLICABILITY OF ANY CONTENT AVAILABLE ON THIS SITE TO
SPECIFIC FACTUAL SITUATIONS. NO ATTORNEY-CLIENT
RELATIONSHIP IS INTENDED NOR CREATED THROUGH YOUR USE OF
THIS SITE. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE
OF THE CONTENT AVAILABLE AT THIS SITE. WITHOUT LIMITING
THE FOREGOING, NONE OF BuyerContract.com NOR
BuyerContract.com'S AFFILIATES OR CONTENT PROVIDERS MAKES
ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON
THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR
SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE
ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION
AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE,
OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
BuyerContract.com OR THROUGH THIS SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITED LIABILITY. BuyerContract.com AND ALL OF
BuyerContract.com's AFFILIATES AND CONTENT PROVIDERS AND
THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE
LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA,
INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR
OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS
AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY
KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT
BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY
LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST
YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO
THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF
OR RELATED TO USE OF THE GOODS OR SERVICES PROVIDED ON
THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1)
YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE
FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED
TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO
THE AMOUNT OF FEES OR PAYMENTS MADE TO BuyerContract.com,
IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.
12. Indemnity. You shall indemnify, defend, and hold
harmless BuyerContract.com and its content providers and
their respective shareholders, affiliates, employees,
agents, successors, officers, and assigns, from any suits,
losses, claims, demands, liabilities, costs and expenses
(including attorney and accounting fees) that they may
sustain or incur arising from (i) Your use of the software
available at or downloaded from this site, (ii) Your
failure to comply with any applicable laws and regulations
(including without limitation those regarding the export
of products or technology abroad) or to obtain any
licenses or approvals from the appropriate government
agencies necessary to purchase or sell the subject goods
and services, (iii) Your use of the content available on
this site in any way contrary to this agreement (d) Your
breach of any of Your representations, warranties or
obligations set forth in this agreement, (iv) the sale,
purchase, transportation, delivery, use or disposal of any
BuyerContract.com service, product, or download associated
with this site or available through other sites, or any
loss suffered by or harm to any person or property in any
way relating to of caused in whole or in part by Your use
of this site or any service, product, or download
associated with this site (including, without limitation,
any personal injuries or death of any third person caused
in whole or in part by such products or services, the use,
transportation, delivery, storage, handling or release
thereof), and (v) any taxes attributable to the relating
to any service, product, or download associated with this
site.
13. Beneficiaries of this Agreement; No Other
Agreements. The rights and limitations in this agreement
are for the benefit of BuyerContract.com and each of
BuyerContract.com's content providers, each of which shall
have the right to enforce its rights hereunder directly
and on its own behalf.
14. Termination. You agree that BuyerContract.com may,
at its sole discretion, deny You access to the site and
disable any user name and password associated with You for
any reason, including, without limitation, if
BuyerContract.com believes that You have violated or acted
inconsistently with the letter or spirit of this
agreement. BuyerContract.com reserves the right at any time
and from time to time to modify or discontinue,
temporarily or permanently, the services offered under
this site (or any part thereof) with or without notice.
You agree that BuyerContract.com shall not be liable to You
or to any third party for any modification, suspension or
discontinuance of the services offered under this site.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE
PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF
YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET
FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.