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Legal Disclaimer
1. ACKNOWLEDGMENT AND ACCEPTANCE OF SERVICE AGREEMENT
Purchasing Planet services are provided to you (hereafter referred to as "Participant") under the terms and conditions of this Service Agreement and any operating rules or policies that may be published by Purchasing Planet. This Service Agreement comprises the entire agreement between Participant and Purchasing Planet and supersedes all prior agreements between Participant and Purchasing Planet regarding the subject matter contained herein.
BY COMPLETING THE REGISTRATION PROCESS, PARTICIPANT AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE SERVICE AGREEMENT .
2. DESCRIPTION OF SERVICE
Purchasing Planet is providing the Participant with a capability to send and receive requests for quotations and responses to request for quotations via the World Wide Web and on Purchasing Planet's own system. Participant must (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; and (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, the Participant agrees to provide certain current, complete, and accurate information about the Participant as prompted to do so by Purchasing Planet, and to maintain and update this information as required to keep it current, complete and accurate. All information requested on the original registration shall be referred to as "Registration Information". Furthermore, the Participant grants Purchasing Planet the right to disclose to other participants of Purchasing Planet certain Registration Information about the Participant to validate the Request for Quotations or Responses to the Request for Quotations. Such disclosures will exclude information identified by the Participant as non-releasable. Purchasing Planet may release limited, general information about the Participants in Purchasing Planet, so unregistered users may make an informed decision about becoming a Participant. Purchasing Planet is required to disclose information identified under any applicable law or legal process served on Purchasing Planet. If any information provided by Participant is inaccurate, Purchasing Planet retains the right to terminate Participant's membership and rights to use the Purchasing Planet Service.
3. MODIFICATIONS TO SERVICE AGREEMENT
Purchasing Planet may change the terms and conditions of the Service Agreement from time to time. Upon any change in the terms and conditions of the Purchasing Planet Service, Purchasing Planet will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept the Service Agreement" button that will follow the posted changes. If you do not click the "I Accept the Service Agreement" button, you may terminate your use of the Service at that time. Participant's continued use of the Service constitutes an affirmative: (1) acknowledgment by Participant of the Purchasing Planet Service and its modifications; and (2) agreement by Participant to abide and be bound by Purchasing Planet and its modifications.
4. MODIFICATIONS TO SERVICE
Purchasing Planet reserves the right to modify or discontinue the Service with or without notice to Participant. Purchasing Planet shall not be liable to Participant or any third party should Purchasing Planet exercise its right to modify or discontinue the Service.
5. PRIVACY POLICY
It is Purchasing Planet's policy to respect the privacy of its Participants. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, Purchasing Planet will not step outside the role of operating the Service and will not monitor, edit, or disclose the contents of a request for quotation, a response to a request for quotation, communications, or other material unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Purchasing Planet; (2) protect and defend the rights or property of Purchasing Planet; or (3) act under exigent circumstances to protect the personal safety of its Participants or the public. Participant acknowledges and agrees that Purchasing Planet neither endorses the contents of any Participant's request for quotations, response to request for quotations, communications, or other material nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Participant acknowledges and agrees that certain technical processing of requests for quotation, responses to requests for quotation, communications, and other material on Purchasing Planet and their content may be required to: (1) publish requests for quotation and receive responses to requests for quotation; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of the Service; or (4) conform to other similar requirements.
6. PARTICIPANT ACCOUNT, PASSWORD, AND SECURITY
Once you become a Participant of the Purchasing Planet Service, you shall receive a username, password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time by following instructions; you may also set up a new account and close an old one at your convenience. Participant agrees to immediately notify Purchasing Planet of any unauthorized use of Participant's account or any other breach of security known to Participant.
7. DISCLAIMER OF WARRANTIES
PARTICIPANT EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT PARTICIPANT'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Purchasing Planet EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Purchasing Planet MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Purchasing Planet MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. PARTICIPANT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT PARTICIPANT'S OWN DISCRETION AND RISK AND THAT PARTICIPANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO PARTICIPANT'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Purchasing Planet MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY PARTICIPANT FROM Purchasing Planet OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
Purchasing Planet SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF PARTICIPANT'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Purchasing Planet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. STORAGE AND OTHER LIMITATIONS
Purchasing Planet assumes no responsibility for the deletion or failure to store information. Purchasing Planet has set no fixed upper limit on the number of requests for quotation, responses to requests for quotation, communications, or other material a Participant may enter or receive through the Service; however, Purchasing Planet retains the right, at Purchasing Planet's sole discretion, to determine whether or not the Participant's conduct is consistent with the letter and spirit of the Purchasing Planet Service and may terminate the Service if a Participant's conduct is found to be inconsistent with the Purchasing Planet Service.
10. PARTICIPANT CONDUCT
Participant is solely responsible for the contents of his or her transmissions through the Service. Participant's use of the Service is subject to all applicable local, state, national and international laws and regulations. Participant agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive certain messages; therefore, Participant's conduct is subject to Internet regulations, policies and procedures. Participant will not use the Service for placing requests for quotation that are not real and are not intended to result in a purchase or for placing responses to requests for quotation that are not real and will not be fulfilled. Examples of these types of requests for quotation or responses to requests for quotation are requests and responses designed to gather market data, survey prices, or gather some other type of purchasing information. If participant requests special distribution of requests for quotation or other material on Purchasing Planet, participant is responsible for ensuring that the distribution of such request for quotations or other material is not given to any person who has not given specific permission to be included in such a process. Participant agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Participant further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to Purchasing Planet other computer systems are prohibited. Participant shall not interfere with another Participant's use of the Service or another entity's use of similar services. The Participant agrees not to resell or make any commercial use of the Service, without the express consent of Purchasing Planet. Purchasing Planet may, at its sole discretion, immediately terminate Service should Participant's conduct fail to conform with these terms and conditions of this Service Agreement.
11. INDEMNIFICATION
Participant agrees to indemnify and hold Purchasing Planet's parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Participant's use of the Service, the violation of this Service Agreement by Participant, or the infringement by Participant, or other user of the Service using Participant's computer, of any intellectual property or other right of any person or entity.
12. TERMINATION
Either Participant or Purchasing Planet may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Purchasing Planet shall not be liable to Participant or any third party for termination of Service. Should Participant object to any terms and conditions of the Service Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Participant's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service Membership; and (3) notify Purchasing Planet of termination. Upon termination of the Service, Participant's right to use the Service and Software immediately ceases. Participant shall have no right and Purchasing Planet will have no obligation to forward any unread or unsent information to Participant or any third party.
13. NOTICE
All notices to a party shall be in writing and shall be made either via electronic mail or conventional mail. Purchasing Planet may broadcast notices or messages through the Service to inform Participant of changes to the Service Agreement or other matters of importance; such broadcasts shall constitute notice to Participant.
14. PARTICIPATION IN PROMOTIONS OF SELLERS OR ADVERTISERS
Participant may enter into correspondence with Sellers or Advertisers showing their products on the Service. Any such correspondence, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Participant and the Seller or Advertiser. Purchasing Planet assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. PROPRIETARY RIGHTS TO CONTENT
Participant acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other commercially produced information presented to Participant on the Purchasing Planet Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Participant is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Participant may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
16. LAWS
This service agreement shall be governed by and construed in accordance with the laws of the state of Texas, excluding its conflict of law provisions. Participant and Purchasing Planet agree to submit to the exclusive jurisdiction of the courts of the state of Texas. If any provision(s) of this Service Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Purchasing Planet's failure to exercise or enforce any right or provision of the Service Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Purchasing Planet in writing. Participant and Purchasing Planet agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Service Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
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