Terms and conditions - Procurement Leaders


Terms and Conditions
Please read carefully. Application of and Acceptance of Terms and Conditions Terms of Service and User Conduct Materials provided or posted on Procurement Leaders Dealings with professionals, advertisers Privacy Policy and Data Protection Procurement Leader’s Proprietary Rights, Copyright and Trademarks Termination Refunds on promotional offers Governing Law, Jurisdiction, General Provisions Content DISCLAIMER OF WARRANTIES LIMITATION OF LIABILITY This, Terms of Use Agreement (the "Agreement") describes the terms and conditions applicable to your use of the Procurement Leaders web site which is identified by the uniform resource locator www.procurementleaders.com (the “Site"). This Agreement is entered into between you as the user of the Site (the “User”) and the Procurement Leaders Network (”Procurement Leaders”). 1. Application of and Acceptance of Terms and Conditions 1.1 For purposes of this Agreement, a "User" is any person who accesses the Site for whatever purpose, regardless of whether said User has registered with Procurement Leaders as a registered User or whether said User is a paying customer for a specific service provided by Procurement Leaders. A User includes the person using this Site and any legal entity which may be represented by such person under actual or apparent authority. 1.2 By accessing or using the Site, you hereby agree to accept the terms and conditions set forth in this Agreement as a User. You also agree to be bound by the terms andconditions of this Agreement with respect to your access or use of this Site and any further upgrade, modification, addition or change to this Site. If you do not accept all of the terms and conditions of this Agreement, please do not use this Site. 1.3 This Agreement describes the terms and conditions for the use of the Procurement Leaders Network and applies to all Users, in addition to any terms and conditions that may be applicable to any specific Service provided. 1.4 Procurement Leaders reserve the right to modify and amend this Agreement or any term or condition, at any time, for any reason and without prior notice. However, Procurement Leaders must post the amended and restated Agreement on the Site. The amended and restated Agreement shall be effective immediately upon posting. This Agreement was last amended on December 12th, 2008. Posting by Procurement Leader of the amended and restated Agreement and your continued use of the Site shall be deemed to be acceptance of the amended terms. This Agreement may not otherwise be modified, except in writing by an authorised officer of Procurement Leaders. 1.5 Procurement Leaders reserves the right to suspend or terminate, at its discretion and without prior notice, any user’s account if he/she fails to comply with or violates the following terms of use as well as the rules and guidelines set out by Procurement Leaders. 1.6 If you are a member of the Procurement Leaders Network (PLN), by registering and submitting you are agreeing to make your personal profile visible to other members to allow you and other members to search and connect with each other. You can change this setting at any time by going to Update Your Profile and changing your profile to Private. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS. 2. Terms of Service and User Conduct 2.1 Procurement Leaders is made available for both individual and corporate use. However companies and any other legal entities wishing to use the Site, must provide information on their legal representative and his/her power to act on their behalf. 2.2 Since Procurement Leaders provides a platform and environment for professional networking, if users enter into agreements of any kind, with other users through the Site, Procurement Leaders is not a contracting party to these agreements and cannot in any case be held liable or accountable in regard to these agreements. 2.3 Procurement Leaders reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Site or the Service (or any part thereof) with, or without prior notice. You agree that Procurement Leaders shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service. 2.4 Your participation in Procurement Leaders is based upon the assumption that all information you provide regarding yourself is truthful and accurate. Misleading or false information constitute a sufficient reason for terminating your user access. 2.5 You may not use a pseudonym or alias. Falsely misrepresenting your identity, including the use of pseudonym or alias, or your profile information will cause the suspension or termination of your usage of Procurement Leaders. 2.6 You have to create a username and password upon completing the registration process. You alone are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your username and password. You are also accountable for all activities regarding your username, with or without your knowledge or permission. You agree to immediately notify Procurement Leaders of any unauthorised use of your username or password or any other breach of security. . If you know or suspect that someone else knows your password you should notify us by contacting the Editorial team at membership@procurementleaders.com immediately. If you knowingly provide your log-on information to another person, your usage may be suspended temporarily or terminated. You agree that Procurement Leaders assumes no liability for activities accessed through your username and password, nor can or will be liable for any loss or damage arising from your failure to comply with this Section. 2.7 You acknowledge that Procurement Leaders may establish general practices and limits concerning use of the Service, including without limitation the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message or attachment that may be sent from or received by an account on the Service, the maximum disk space that may be allotted on Procurement Leader's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Procurement Leaders has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Procurement Leaders reserves the right to log off users that are inactive for an extended period of time. You further acknowledge that Procurement Leaders reserves the right to change these general practices and limits at any time, in its sole discretion, without prior notice. 2.8 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person/User from which such Content originated. 2.9 As a result you further understand and agree that you, and not Procurement Leaders, are entirely responsible for all Content that you upload, make available, post, email or otherwise transmit via the Service. Procurement Leaders does not control the Content posted via the Service and, as such, does ensure, support or guarantee the accuracy, integrity, reliability or quality of such Content, nor does Procurement Leaders endorse opinions expressed by users. 2.10 You also understand that by using the Service, you may encounter or be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Procurement Leaders be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. 2.11 You agree to not knowingly or intentionally use Procurement Leaders to: A. upload, make available, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, libelous, defamatory, abusive, harassing, or otherwise objectionable; B. harm minors in any way; C. impersonate any person or entity, including, but not limited to, a Procurement Leaders employee, moderator or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; D. forge headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Service; E. upload, make available, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual agreement or relationship; F. upload, make available, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, intellectual property, copyright or other proprietary rights of any party, whether personal, corporate or governmental; G. upload, make available, post, email or otherwise distribute or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "multi-level marketing" or any other form of solicitation, except in those areas or groups that may be designated for such purpose; H. upload, make available, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; I. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; J. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; K. intentionally or unintentionally violate any applicable local, state, national or international law; or L. "stalk", unreasonably disturb or otherwise harass another user. 2.12 You acknowledge that Procurement Leaders does not pre-screen Content and you agree that you must evaluate and bear all risks associated with, the making available, downloading or use of any Content. You further agree that Procurement Leaders and its designees have the right (though not the obligation), in their sole discretion, to refuse or remove any Content, available via the Service, and/or deny further access. Without limiting the foregoing, Procurement Leaders and its designees reserve the right to remove any Content that violates the terms of this agreement, or is otherwise objectionable or because it may infringe or violate any party’s privacy. 2.13 You may not distribute, display or publish in any form, electronic or print, any content from the website or the names of any users without the express consent of Procurement Leaders, nor can you share, transmit or sell any content on the Site with anyone who is not a user of Procurement Leaders, for whatever reason. 2.14 You may not monitor, data-mine, or copy Procurement Leader’s web pages or any content within the Site, nor collect, archive, trade or sell any personal data or communications about other users. 2.15 Procurement Leaders does not permit the use of any robot, spider, site search or retrieval application, or any other device to copy, retrieve, archive or index any portion of the Site. 2.16 While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of Procurement Leaders in conjunction with the sending of unsolicited email, or cause to be used Procurement Leader's equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited email messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that Procurement Leader's network addresses or Procurement Leader’s-hosted Web or email services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with Procurement Leaders include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to Procurement Leaders officials. 2.17 Recognising the global nature of the Internet, you agree to comply with all rules for your local areas regarding online conduct and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. 3. Materials provided or posted on Procurement Leaders 3.1 Procurement Leaders does not claim ownership of the materials, in any format including, but not limited to, text, images, photographs, audio, or video, that you provide (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). 3.2 However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are, subject to the privacy provisions provided herein, automatically granting Procurement Leaders, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of their businesses (including, without limitation, all Procurement Leaders Services), including, without limitation, the transferable, non-exclusive, world-wide, royalty-free, perpetual, irrevocable, fully sub-licensable right and license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. 3.3 You additionally warrant that each person depicted or recorded in such Submissions, if any, has provided consent to the use of the Submissions as set forth in these Terms of Service, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Submissions, or that their consent is not required by law for the uses described above. 3.4 No compensation will be paid with respect to the use of your Submission, as provided herein. Pr is under no obligation to post or use any Submission you may provide and Procurement Leaders may remove any Submission at any time in its sole discretion. 3.5 By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions, or that you have a license to such rights, or that such rights are covered by fair use. 3.6 In any event, you agree to indemnify and hold Procurement Leaders, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal costs, made by any third party due to or arising out of Content you make available, submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the present Terms of Use, or your violation of any rights of another party. 3.7 The Service may provide, or third parties may provide, links or other means to obtain access to information from other persons, World Wide Web sites or resources. Because Procurement Leaders has no control over such persons, sites and resources, you acknowledge and agree that Procurement Leaders is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Procurement Leaders 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 such Content, goods or services available on or through any such site or resource. 4. Dealings with professionals, advertisers 4.1 Given the business-oriented character and vocation of Procurement Leaders- you acknowledge and agree that your correspondence or business dealings with professionals of any kind or field of specialty, including but not limited to, transfer of information, counselling of any kind, transmission of references, as well as your participation in promotions of advertisers, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such professional or advertiser. You agree that Procurement Leaders shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such professionals or advertisers on the Service. 4.2 You further agree that you and the other party – whether a user of Procurement Leaders or not – engaged in any transaction or deal through Procurement Leaders, are solely responsible for all interactions with each other, for arranging for payment, customer service and the exchange and fulfillment of the goods or services purchased, and for the results of the transaction and for all applicable taxes. Procurement Leaders is in no way responsible for any failure to pay any amounts due or to deliver any merchandise as promised or to provide any kind of services as agreed upon, or for any other aspect of the transaction. 4.3 You also acknowledge and agree that Procurement Leaders does not guarantee in any case, the execution or outcome of any agreement whatsoever between Procurement Leader’s users or user and any third party, or the quality of any services provided or promised, nor does it caution credentials or specifics posted by any user and pertaining to (but not limited at) professional activity, academic curriculum etc. 4.4 Parties should exercise caution in providing contact information or personal information to the other party and in making personal contact with the other party. Procurement Leaders is not responsible for the actions of any of its users, and this Service is provided AS IS AND AT YOUR OWN RISK. 4.5 Both parties to a transaction are responsible for determining if the transaction is illegal or otherwise does not fully comply with applicable law. 5. Privacy Policy and Data Protection 5.1 Procurement Leaders shares your concerns about personal privacy. Through the Service, and through other contact with us, Procurement Leaders may collect personal information and data including, but not limited to, application and web site usage data, viewing data, file transfer and e-mail data, and personal contact information such as e-mail addresses, mailing addresses and phone numbers. Additionally, Procurement Leader's applications and web site may use technological facilities for tagging and tracking including, but not limited to, Web cookies, login usernames and other technologies to track and correlate data. 5.2 Procurement Leaders makes every effort to keep Procurement Leaders a trusted and safe environment, but it cannot be held liable should content you have posted on the website that is viewable by members be copied or distributed elsewhere. 5.3 Access to your private user information is limited to webmasters and management of Procurement Leaders. No other employees, contractors or third parties will have access to this information without your express permission. 5.4 Procurement Leaders Service does not rent, sell, share or in any way disclose personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances: A. we provide the information to trusted partners who work on behalf of or with Procurement Leaders. These companies may use your personal information to help Procurement Leaders communicate with you about offers from Procurement Leaders and our marketing partners. However, we do not grant these companies any independent right to share this information. B. information posted to public areas of Procurement Leaders, such as the Message Boards, Guestbooks, Home Pages, etc., may be accessed by other people and nonaffiliated companies. C. you may use the permissioning features of the Service to give others access to your information, including contact information. You accept responsibility for understanding the user interface, and agree to contact Procurement Leaders Support with any questions concerning these features and the interface prior to using them. You also accept that Procurement Leaders has not validated user's identities, and that users may not be who they say they are. D. Procurement Leaders may separately receive information about you which we make accessible to others from sources other than you, including without limitation, directories. E. Procurement Leaders responds to court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims; F. Procurement Leaders believes it may be necessary to access, preserve and disclose the contents of your user account or share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Procurement Leader’s terms of use, or as otherwise required by law. G. Procurement Leaders will have to transfer information about you if the Procurement Leaders Service is transferred to, acquired by or merged with another company. 5.5 Procurement Leaders will use reasonable efforts to comply with this privacy policy and will take prompt corrective action when we learn of any failure to comply with our privacy policy. We sometimes release beta versions of our products, which are further refined before the release of the final version. Because these products are still in a test phase, we may not always catch an unintended privacy issue, despite our efforts to do so. As such, we welcome user feedback on any privacy concerns you may have. In light of the above and because of the complex and constantly changing nature of our technology and business, Procurement Leaders does not guarantee error-free performance under this privacy policy. Procurement Leaders shall not be liable for any incidental, consequential or punitive damages relating to this privacy policy. 5.6 This policy may change from time to time, and any changes are binding on you. We encourage you to visit this site from time to time to review the most updated policies. 5.7 NO PERSONS UNDER THE AGE OF THIRTEEN ARE PERMITTED TO USE THE NETWORK. 5.8 USE OF THE NETOWRK IS CONTINGENT UPON ACCEPTANCE OF THIS PRIVACY POLICY AND ALL OF THE TERMS IN IT. 6. Procurement Leader’s Proprietary Rights, Copyright and Trademarks 6.1 You acknowledge and agree that the Service, the Procurement Leaders Web Site, and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in writing, by Procurement Leaders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Procurement Leaders, or the Software, in whole or in part. 6.2 Procurement Leaders grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to access the Service by any means other than through the interface that is provided by Procurement Leaders for use in accessing the Service. 6.3 Procurement Leaders Ltd and its affiliates and licensors own and retain all rights in the Procurement Leaders website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. "Procurement Leaders " is a trademarks of Sigaria Ltd. All content on Procurement Leaders is copyright of Sigaria Ltd. 7. Termination 7.1 You may terminate your user access to Procurement Leaders at any time without cause, penalty or explanation. In order to facilitate the use of the Site, you are requested to notify by e-mail, Procurement Leaders, of your termination decision. After you terminate your use, any personal data previously collected remains the property of Procurement Leaders. 7.2 You agree that Procurement Leaders, in its sole discretion, may, immediately and without prior notice, terminate your user access, registration, password, account (or any part thereof) or all use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Procurement Leaders believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. Procurement Leaders may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Use, may be effected without prior notice, and acknowledge and agree that Procurement Leaders may immediately deactivate or delete your access and all related information and files in your user access and/or bar any further access to such files or the Service. Further, you agree that Procurement Leaders shall not be liable to you or any third-party for any termination of your access to the Service. 7.3 Procurement Leader’s proprietary rights, disclaimer of warranties, indemnities, limitations of liability and other provisions of these terms and conditions continue after termination of your access or usage. Procurement Leaders will not be liable to you or any third-party for this termination. If your user access is terminated, you may not re-enter Procurement Leaders without express permission from Procurement Leaders 8. Refunds No refunds are available after signing a binding contract with Sigaria. Refunds for goods purchased under a promotional offer will be based on the terms of that promotional offer. Promotional offers do not extend to discounts and have to be in line with an official promotional offer. Your statutory rights are not affected. 9. Sigaria Event Cancellation, Postponement and Substitution Policy You may substitute delegates at anytime up until 7 days prior to the event. Sigaria Ltd does not provide refunds for cancellations. Credits will not be issued for cancellations. In the event that Sigaria cancels an event, delegate payments at the date of cancellation will be credited to a future Sigaria event. This credit will be available for up to twelve months from the date of issuance. In the event that Sigaria postpones an event, delegate payments at the postponement date will be credited towards the rescheduled date. If the delegate is unable to attend the rescheduled event, the delegate will receive a 100% credit representing payments made towards a future Sigaria event within twelve months. No refunds will be available for cancellations or postponements. Sigaria is not responsible for any loss or damage as a result of a substitution, alteration, cancellation, or postponement of an event. Sigaria shall assume no liability whatsoever if this event is altered, rescheduled, postponed or cancelled due to a fortuitous event, unforeseen occurrence or any other event that renders performance of this conference inadvisable, illegal, impracticable or impossible. For purposes of this clause, a fortuitous event shall include, but shall not be limited to: an Act of God; governmental restrictions and/or regulations; war or apparent act of war; terrorism or apparent act of terrorism; disaster; civil disorder, disturbance, and/or riots; curtailment, suspension, and/or restriction on transportation facilities/means of transportation; or any other emergency. Please note that speakers and topics were confirmed at the time of publishing, however, circumstances beyond the control of the organisers may necessitate substitutions, alterations or cancellations of the speakers and/or topics. As such, Sigaria reserves the right to alter or modify the advertised speakers and/or topics if necessary. Any substitutions or alterations will be updated on our web page. 10. Governing Law, Jurisdiction, General Provisions 10.1 These terms of use constitute the entire agreement between you and Procurement Leaders with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the terms and conditions by a party will be effective only if in writing and signed by a party. 10.2 These terms and conditions will be governed by and construed in accordance with the laws of England, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in England, United Kingdom. If for any reason a court of competent jurisdiction finds any provision or portion of these terms and conditions to be unenforceable, the remainder of the terms and conditions will continue in full force and effect. You shall not assign these terms and conditions or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect. Without limiting the foregoing, under no circumstances shall Procurement Leaders be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 10.3 You and Procurement Leaders agree to submit to the personal and exclusive jurisdiction of the courts of the UK. The failure of Procurement Leaders to exercise or enforce any right or provision of the aforementioned Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and all other provisions of the Terms remain in full force and effect. 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 Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect. 11. Content Whilst every effort has been taken to verify the accuracy of the information published on www.procurementleaders.com neither Procurement Leaders nor its affiliates can accept any responsibility or liability for reliance by any person on this information, opinions or conclusions set out in our content. The OP-EDs, interviews and articles express the views of their writers and/or participants, and are not necessarily the views of the site, its Founders, executives and affiliates. DISCLAIMER OF WARRANTIES PROCUREMENT LEADERS AND ITS AFFILIATES, LICENCORS, PARTNERS, SUPPLIERS, CONSULTANTS AND AGENTS DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE SITE. THE SERVICE AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, MATERIALS OR SERVICES OF ANY KIND OBTAINED OR ACCESSED THROUGH PROCUREMENT LEADERS WEBSITE), PRODUCTS AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATISOEVER. PROCUREMENT LEADERS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PROCUREMENT LEADERS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY PROCUREMENT LEADERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OUR SERVICES AND SITE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEY’S FEES OF EVERY KIND AND NATURE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PROCUREMENT LEADERS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROCUREMENT LEADERS SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROCUREMENT LEADERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE, MISUSE OF, OR THE INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, TERMINATION OF THE PROCUREMENT LEADERS SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU