Terms & Conditions
Welcome to the Group Purchasing Solutions website. Please review these terms and conditions carefully. By using this website, you agree to comply with and be bound by the following terms and conditions of use.
This agreement (the “Terms”) specifies the terms and conditions for access to and use of this public website, GroupPurchasingSolutions.com
, and any other password protected web pages for GPS’ services (collectively, the “Website”). These Terms may be modified at any time by Group Purchasing Solutions (“GPS,” “us,” or “our”) upon posting of the modified agreement. Any modifications will be effective immediately as of its posting. Each use of this Website by you shall constitute and be deemed your unconditional acceptance of these Terms. If you purchase products or services from one of our suppliers, then you are subject to the guidelines, contracts, agreements and terms and conditions for such purchase.
All content included on this Website is and shall continue to be the property of GPS or its content suppliers, affiliates, advertisers or licensors and is protected under applicable copyright, patent, trademark, or other proprietary laws, treaties or rights. GPS and all related logos and proprietary marks displayed on the Website are trademarks of GPS. The trademarks may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages GPS. Any copying, redistribution, displaying, selling, licensing, use or publication by you of any such content or any part of the Website is prohibited, except as expressly authorized by GPS in writing or elsewhere in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website.
GPS grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or store or use materials, products or services in violation of any law.
The use of the Website is at the discretion of GPS and GPS may terminate your use of the Website at any time.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
The information on this website is provided on an “as is,” “as available” basis. You agree that use of this website is at your sole risk. GPS disclaims all warranties of any kind including, but not limited to, any express warranties, statutory warranties, and any implied warranties of quality, performance, merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you.
Your sole and exclusive remedy relating to your use of the website shall be to discontinue using the website.
GPS reserves the right to change, modify, suspend or discontinue any portion of the Website at any time. GPS may also impose limits on certain features or restrict your access to parts of the Website in its sole discretion and without notice or liability.
LIMITATION OF LIABILITY
Under no circumstances will gps nor any of its subsidiaries or affiliates nor their respective owners, directors, officers, employees, stakeholders, agents, advisors, affiliates, suppliers or representatives be liable for any direct, indirect, incidental, consequential (including, but not limited to, damages from loss of business, lost profits, litigation, or the like), special, incidental, punitive, exemplary, or other damages, under any legal theory, arising out of or in any way relating to the website, your website use, or the content, whether based in contract, warranty, indemnity, negligence, strict liability, tort or otherwise and regardless of whether the damages were foreseeable. Your sole remedy for dissatisfaction with the website or content is to cease all of your website use.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Terms that directly conflict with such laws may not apply to you.
USE OF INFORMATION
If you register on our Website, GPS will provide you with (or you will select) a login ID and unique password to access the Website. You agree to:
|(i)||Provide true, complete, accurate and current data, as requested in the registration process (and maintain and update such data, if applicable);|
|(ii)||Prevent unauthorized access or use by you or others using your password;|
|(iii)||Promptly report any unauthorized use or disclosure of your password or other breach of any Website security; and|
|(iv)||Not assign or transfer (or attempt to do the same) any rights granted to you under these Terms.|
GPS reserves the right to suspend, or to refuse any further, access or use of the Website if GPS learns or reasonably suspects that your registration information is false or inaccurate, if you refuse to provide complete and updated registration information, after extended period of inactivity by you, if you use your membership in a manner that is fraudulent or unlawful or violates our agreements with suppliers, or if you misuse or permit another to use your login ID or password who is not authorized to do so or for any other breach of security. You acknowledge and agree that you are responsible for maintaining the confidentiality of the password and that you (and not GPS) are liable for any harm that may result from your disclosing (or allowing the disclosure of) your password or other breach of these Terms.
MEMBERSHIP AND PAYMENT
By completing the membership registration process, you are agreeing to these terms of membership. Your membership will continue on a yearly basis until you cancel your membership or we terminate it. If you have any questions or concerns regarding your membership, please contact memberservices@GroupPurchasingSolutions.com.
If your membership is provided as a benefit by on Affiliate Partner, you may also wish to contact their member service group for question regarding the website content they have authorized us to provide you.
You may cancel your membership in writing by logging into your member account and completing the “Contact GPS” form. Cancellation will result in our removal of your company from the active member list we provide to our suppliers. Such removal may and should result in loss of GPS member benefits with our supplier.
THIRD PARTY LINKS
Any third party links on the Website are not under the control of GPS and GPS is not responsible for the contents of any linked site, any link contained in a linked site, or any changes to such site. This includes the links to our suppliers’ websites contained in the password-protected portion of our Website. GPS provides these links to you as a convenience and not as an endorsement by GPS.
APPLICABLE LAW AND DISPUTES
You agree that the laws of California, without regard to conflicts of laws provisions will govern these Terms and any dispute that may arise between you and GPS or its affiliates. You agree that any dispute arising from this Website or GPS’ services shall be brought in the appropriate federal or state court in Santa Clara, California, United States regardless of whether you are located inside or outside the United States. If any legal action is necessary to enforce these Terms, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
These Terms & Conditions are effective as of December 1, 2015.
If you would like to contact us regarding these Terms, please contact us at:
Group Purchasing Solutions
PO BOX 3071
Arroyo Grande, CA 93421
Phone: +1 800 222-1488