Last updated on February 20, 2008.
Website Use Agreement for The Procurement Exchange
Please read this agreement carefully as it governs your use of The Procurement Exchange website. It exempts The Procurement Exchange and other persons from liability or limits their liability and contains other important provisions that you should read.
1. Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent regarding your access to and use of The Procurement Exchange's website and all content, information, products and services available on or through the website (collectively, the "Website").
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.
2. Permission to use the Website
It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
3. Changes to this Agreement
The Procurement Exchange may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement.
4. Ownership and Permitted Use of the Website
The Website is the property of The Procurement Exchange and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws.
5. Your Information
All information you provide through the Website, including contact and registration information (e.g., name and email address), payment information (e.g., credit card numbers and expiration dates) must be true, accurate, current and complete.
The Procurement Exchange will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, The Procurement Exchange or any other person may incur as a result of your submission of any false, incorrect or incomplete information.
6. Disclaimers, liability exclusions / limitations and indemnity
Your access to and use of the Website is at your own risk. The Website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by The Procurement Exchange to the fullest extent of the law.
The Procurement Exchange and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Website or this Agreement including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault of wrongdoing (including without limitation gross negligence and fundamental breach) by The Procurement Exchange, or any person from whom The Procurement Exchange is responsible, and even if The Procurement Exchange has been advised of the possibility of such loss or damage being incurred.
7. Personal Information Privacy
The Procurement Exchange collects, uses and discloses personal information in accordance with its Privacy Policy, which may be changed from time to time by The Procurement Exchange in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting this Agreement, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by The Procurement Exchange in accordance with the Privacy Policy as it then reads.
8. Trusted Third Parties and Other Sites
For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively "Trusted Third Parties and Other Sites"). Trusted Third Parties and Other Sites are independent from The Procurement Exchange, and The Procurement Exchange has no responsibility or liability for or control over Trusted Third Parties and Other Sites, their business, goods, services, or content.
Your use of Trusted Third Parties and Other Sites is at your own risk, and you will not make any claim against The Procurement Exchange arising from, connected with, or relating to your use of Trusted Third Parties and Other Sites.
9. Governing Law and Dispute Resolution
This Agreement, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada.
10. Other Matters
If any provision of this Agreement is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from this Agreement and the remaining provisions will continue in full force and effect.
11. Contact Information
For more information regarding the Terms of Use, please contact The Procurement Exchange by e-mail or postal mail:
Ben Sorensen, President
The Procurement Exchange, Inc.
216 Manor Avenue
Ottawa, Ontario
K1M 0H4
email: procurementadmin@procurementexchange.com