This Agreement includes PAGE’s policy for acceptable use of, and your rights, obligations and restrictions regarding, the Website. PAGE may modify this Agreement periodically, and such modification(s) shall be effective upon posting on the Website. We recommend that you review the posted version of this Agreement from time to time to ensure you are updated as to any such modifications. PAGE may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the Website.
The contents of the Website, such as text, graphics, images, information obtained from PAGE’s licensors, User Content (as defined herein), tools, applications, code and other material contained on the Website (the “Content”) are for informational purposes only. Reliance on the Website, PAGE employees, others appearing on the Website at the invitation of PAGE, suppliers, or other users of the Website is solely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of the Website, including any reliance on the accuracy, quality, timeliness, completeness, or usefulness of the Website.
The Website is not directed to children under the age of thirteen and PAGE does not knowingly collect personally identifiable information from children under the age of thirteen as part of the Website.
Use of the Website
In consideration of your use of the Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You acknowledge that PAGE may establish general practices and limits concerning use of the Website, including without limitation, restrictions on usage, storage space or duration, file or email size or type, content which may give rise to anticompetitive or collusive behavior, or which is otherwise illegal under the antitrust or competition laws of any government entity, and data transmission. PAGE reserves the right to terminate accounts that are inactive for an extended period of time or which, as evidenced by its User Content, violates these terms and conditions. You further acknowledge that PAGE reserves the right to modify these general practices and limits from time to time. Unless explicitly stated otherwise, any new features, tools or services that augment or enhance the Website shall be subject to this Agreement. PAGE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice.
Registered users of the Website have access to Supplier and/or to Member content (the “Services”). As a registered user, you will receive a password and account name upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PAGE of any unauthorized use of your password or account or any other breach of security, (b) ensure that you exit from your account at the end of each session, (c) provide true, accurate, current and complete information about yourself and your member or supplier organization when registering with the Website (the “Registration Data”), (d) use the site in accordance with these terms and conditions and in compliance with all laws, and (e) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or PAGE has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, PAGE has the right to suspend or terminate your account as provided herein.
You understand that all information, including but not limited to Registration Data, data, text, software, music, sound, photographs, documents, graphics, video, messages or other materials (“User Content”), whether publicly or privately transmitted, is the sole responsibility of the person from whose user account such User Content originated. This means that you, and not PAGE, are entirely responsible for all User Content that you upload, download, post, email, transmit or otherwise make available via the Website. PAGE does not control the User Content posted via the Website and, as such, does not guarantee the accuracy, integrity, quality, legality or security of such User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, illegal, indecent or objectionable. Under no circumstances will PAGE be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Website.
You acknowledge that while PAGE may or may not pre-screen User Content, PAGE and its designees shall have and do reserve the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any User Content that is available via the Website. Without limiting the foregoing, PAGE and its designees shall have the right to remove any User Content that violates this Agreement or is otherwise objectionable or reasonably believed by PAGE to be illegal, all as determined by PAGE in its sole discretion. If PAGE reasonably suspects that any User Content is illegal or otherwise indicates the possibility of illegal activity, PAGE reserves the right to report same to appropriate authorities.
You understand that the Website and the User Content may include security components that permit digital materials to be protected, and that use of the Website and the User Content is subject to usage rules set by PAGE and/or third parties who provide such content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website or User Content. Any unauthorized reproduction, publication, further distribution or public exhibition of the Website, in whole or in part, is strictly prohibited.
Suppliers and Advertisers
The Website includes sensitive information, including pricing and competitive product descriptions that must not be shared with suppliers or non-members. By accessing the member-only portion of the Website, you agree that you will not share sensitive PAGE supplier content with non-members, other suppliers or third parties. This includes communicating the information orally, in writing, or electronically. Information posted by suppliers shall accurately reflect their company and products and shall not refer to other PAGE suppliers. Suppliers must obtain a member’s permission before referencing the member in any User Content of the supplier.
Your correspondence or business dealings with, or participation in promotions of, suppliers or advertisers found on or through the Website, including privacy, information on goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such supplier or advertiser. You agree that PAGE 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 suppliers or advertisers on the Website.
You also understand and agree that the Website may include advertisements and that these advertisements are necessary for PAGE to provide the Website. You also understand and agree that registration with the Website may include certain communications from PAGE, such as service announcements, administrative messages and the PAGE Newsletter, and that these communications are considered part of your the Website registration and you may not be able to opt out of receiving them.
You also understand and agree that the Website may not be used by any Registered User to facilitate or engage in any activity, dialogue, communication, information exchange, planning or any other form of discourse which is in any way reasonably construed, whether or not so intended by the Registered User, to promote, encourage, solicit or engage in any unilateral or collusive, anticompetitive or otherwise similarly illegal commercial activity under the antitrust or competition laws of any local, state, federal or foreign government. Because the issue of whether such communications and use of the Website implicates the possibility of anticompetitive or collusive behavior is a complex one, Registered Users are cautioned to consult with their own independent legal advisors before initiating or responding to any User Content which may be reasonably construed to violate antitrust and other competition laws.
In consideration of being allowed to use the Website, you agree that the following actions by you or persons using your account shall constitute a material breach of this Agreement:
- Violation of any applicable local, state, national, or international laws;
- Posting any material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, harmful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, vulgar, obscene, insensitive or embarrassing to any other person or entity as determined by PAGE in its sole discretion;
- Impersonating, falsely stating or otherwise misrepresenting your affiliation with, any person or entity;
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of any information or data transmitted through the Website;
- Transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Transmitting or otherwise making available any material that contains software viruses, “spyware,” “adware,” time bombs, 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;
- Interfering with, disrupting, exceeding permitted access to or accessing without authorization, the Website or servers or networks used to provide access to the Website, or disobeying any requirements, procedures, policies or regulations of the Website or networks connected to the Website;
- Collecting or storing personal data, including email addresses, of other the Website users without their express consent.
- Transmitting or otherwise using, making available or suggesting any form of information, communication or User Content, or using such to facilitate any unilateral or collusive activity or conduct that may violate the antitrust or competition laws of any local, state, federal or foreign government.
DMCA Notice and Takedown Procedures, Copyright Agent
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from the Website by contacting PAGE’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location on the Website. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
PAGE’s agent for copyright issues relating to the Website is as follows:PAGE Cooperative
Attn: DMCA Copyright Agent
700 American Ave. Suite 101
King of Prussia PA 19406
In an effort to protect the rights of copyright owners, PAGE maintains a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers.
Resale of Service
You agree not to use, copy, distribute, display, make derivative works from, sell, trade, resell or exploit, any portion of the Website (including your the Website password or account), or sell, trade, resell or exploit any use or access to the Website, whether authorized or unauthorized.
Recognizing the global nature of the Internet, you agree to comply with all laws and rules regarding online conduct and acceptable Content that are applicable to the location where you access the Website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PAGE has no control over such sites and resources, you acknowledge and agree that PAGE 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, data collection or use, products or other materials on or available from such sites or resources. PAGE makes no representation as to the accuracy, completeness, adequacy, security or any other aspect of the information contained on such websites. You further acknowledge and agree that PAGE 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. Complaints about the content of a third party website should be directed to the website itself. Please contact us if you feel a website should not be linked from the Website, or if you have a new link to suggest, or if you find an inactive link.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAGE AND ITS MEMBERS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. PAGE assumes no responsibility for the timeliness, deletion, transmission, mis-delivery or failure to store any User Content. You are responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Website.
- PAGE AND ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) the Website WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF AND ANY PRODUCTS, SERVICES, CONTENT OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH WILL MEET YOUR EXPECTATIONS; OR (v) ANY ERRORS IN WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF IS ACCESSED 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 OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAGE AND ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE, MISUSE OR THE INABILITY TO USE THE WEBSITE; (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 WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR PAGE.
This document constitutes the entire Agreement between you and PAGE and governs your use of the Website, superseding any prior agreements between you and PAGE with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use or purchase goods or services from suppliers, advertisers, affiliates, or third-parties.
This Agreement and the relationship between you and PAGE shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and PAGE agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Pennsylvania.
The failure of PAGE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 the other provisions of this Agreement remain in full force and effect.
You agree that your Website account, including but not limited to any rights to your Website user name, password or contents within your account, is not transferable or assignable. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The Website is owned and operated by PAGE Cooperative, Inc. Copyright by PAGE Cooperative, Inc. All rights reserved.
As part of the PAGE Cooperative, Inc. website (http://www.pagecooperative.com) (the “Website”), PAGE collects identifying information about individuals when members and suppliers provide that information on either a voluntary basis or when supplied by the member company. This includes when PAGE members and suppliers initially register for member access, post forum comments, respond to surveys or place PAGE classified ads or other like services. E-mail addresses and other identifying member information may also be used to help PAGE better communicate with its members.
It is the policy of PAGE that member e-mail addresses are not made available to PAGE suppliers or unrelated third parties. (General information about member entities such as the publication name and mailing address are shared with suppliers). For users not logged into the Website, e-mail addresses are not viewable. E-mail addresses may be viewable by other members when a member is logged into the Website. Suppliers cannot view members’ e-mail addresses when suppliers are logged in. Members may be asked for their e-mail address when taking part in an online webinar. If a supplier hosts that webinar, then the supplier may ask for the member’s e-mail address as part of their sign up process.
Access to your personal information is limited to people who need it to do their job. PAGE does review online statistics including log-in information, server logs and IP addresses to learn more how the Website is being used, but the PAGE does not share that information to suppliers or third parties except in aggregate.
Some activity on the Website, such as posting identifying information in the forum or classified areas, may be used by other members or suppliers without our permission or endorsement. That is beyond our control. PAGE also has no control over websites not operated by PAGE that may contain hyperlinks to the Website.
PAGE reserves the right to change this policy at any time.
— Effective December 1, 2007