Terms of Usage

TERMS OF USAGE ("TERMS") FOR THE WEB SITE OF THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP)

By using this web site (the "Web Site"), you agree to be bound by the Terms set forth below.

USE OF THIS WEB SITE
The Web Site is for the use of individuals in connection with The North Carolina Association of Governmental Purchasing (NCAGP), only and may not be used for any other purposes, including any other personal or commercial purposes. Any improper and/or unauthorized uses of the Web Site are prohibited. You further agree that through your use of this Web Site, you agree to and accept the Privacy Policy of this Web Site.

USE BY CHILDREN
The Web Site does not offer products or services for sale to, and does not solicit or accept contributions from children under 18. By using this Web Site, you represent to us that you are 18 years old or older. The North Carolina Association of Governmental Purchasing (NCAGP), its employees, officers, directors and contractors will not be liable for any damages that may result from misrepresentation of age by a user of our Web Site.

COPYRIGHT AND OTHER RIGHTS
The North Carolina Association of Governmental Purchasing (NCAGP) owns and retains all proprietary rights to all material in the Web Site. The Web Site may contain the copyrighted material, trademarks, and other proprietary information of The North Carolina Association of Governmental Purchasing (NCAGP). The Web Site's custom graphics and other content may not be copied, imitated or used, in whole or in part, except as provided for herein. You may electronically copy and print to hard copy portions of this Web Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in this Web Site, including any commercial use, reproduction for purposes other than described above, and/or any modification, distribution, republication, display or performance is prohibited.

DISCLAIMER
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The North Carolina Association of Governmental Purchasing (NCAGP) reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by The North Carolina Association of Governmental Purchasing (NCAGP).

LIMITATION OF LIABILITY
IN NO EVENT SHALL THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) OR ITS OFFICERS, DIRECTORS, DONORS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP)'S RECORDS, PROGRAMS OR SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP)'S WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE NORTH CAROLINA ASSOCIATION OF GOVERNMENTAL PURCHASING (NCAGP) FOR ACCESS TO OR USE OF THIS WEB SITE.

THIRD PARTY LINKS
The North Carolina Association of Governmental Purchasing (NCAGP) may provide links to web pages and content of third parties ("Third Party Content") as a service to those interested in this information. The North Carolina Association of Governmental Purchasing (NCAGP) does not monitor, nor does it have any control over, any Third Party Content. The North Carolina Association of Governmental Purchasing (NCAGP) does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The North Carolina Association of Governmental Purchasing (NCAGP) makes no representations or warranties of any kind regarding such Third Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third Party Content. When leaving The North Carolina Association of Governmental Purchasing (NCAGP) site, you should be aware that The North Carolina Association of Governmental Purchasing (NCAGP)'s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Users use these links and Third Party Content contained therein at their own risk.

SEVERABILITY AND NON-WAIVER
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of The North Carolina Association of Governmental Purchasing (NCAGP) to insist upon or enforce strict performance of any of the provisions of these Terms of Use or to exercise any rights or remedies under these Terms of Use will not be construed as a waiver or relinquishment to any extent of The North Carolina Association of Governmental Purchasing (NCAGP)'s right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect.

INDEMNITY
You agree to defend, indemnify and hold harmless The North Carolina Association of Governmental Purchasing (NCAGP), its independent contractors, service providers and consultants, and their respective directors, contractors and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising out of your use of this Web Site, including without limitation any actual or threatened suit, demand, or claim made against The North Carolina Association of Governmental Purchasing (NCAGP) and/or its independent contractors, service providers, or consultants.

VENUE
The laws of North Carolina will govern and construe these Terms of Use without giving effect to any conflict of laws or provisions to the contrary.