This Subscriber Agreement ("Agreement") sets forth the conditions for the use of Economic Engine FCPS Service (the "Service"). Use of the Service by Subscriber constitutes Subscriber's agreement with the terms and conditions of this Agreement.
The contents of the Service are intended for the sole use of authorized subscribers and the Subscriber may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or any contents accessed via the Service.
Subscribers will receive a password and account designation upon completing the Service's registration process. Subscriber is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under his/her password or account. Subscriber agrees to (a) immediately notify FCPS of any unauthorized use of his/her password or account or any other breach of security, and (b) ensures that he/she exits from his/her account at the end of each session. FCPS cannot and will not be liable for any loss or damage arising from subscriber's failure to comply with above terms.
The Subscriber shall indemnify FCPS against liability arising out of or in connection with the Subscriber's breach of any limitation set forth above, or any such breach or violation by any person to whom the Subscriber has given his password or authorized or permitted the use of the Subscriber's FCPS account in any way.
Subscriber shall provide FCPS with accurate, complete and up-to-date registration information. Failure to do so could result in the immediate termination of the Subscriber's account.
The Service is made available on an "as is" basis, without warranties of any kind. FCPS offers no warranties regarding the availability, accuracy, sufficiency or suitability of the Service or the contents of any information accessed via the Service. The Subscriber has the sole responsibility for inspecting and verifying all services and the content to the Subscriber's satisfaction before using them.
Cancellation of the Service is sole responsibility of the subscribers.
FCPS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Subscribers agree that FCPS shall not be liable to subscribers or to any third party for any modification, suspension or discontinuance of the Service.
SUBSCRIBERS UNDERSTANDS AND AGREES THAT FCPS SHALL NOT BE LIABLE 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 FCPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (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.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Service.
The information we receive depends on what you do when visiting our site. If you visit our site to read or download information, we collect and store only the following information about you: the name of the domain and host through which you access the Internet (for example, aol.com if you are connecting from an America Online account), and the date and time you access our site. We use this information to measure the number of visitors to different sections of our site, so that we can make our site more useful to our visitors. If you actively participate in using or providing any of the services offered through the site, we collect and store the personally identifiable information needed to facilitate this participation (typically your name, company name, mailing address, and email address). We do not share this personally identifiable information with any third parties. We do, however, share aggregate transactional information.
Persistent cookies are stored on the hard drive of your computer, and remain there until they expire or you delete them. They are used to provide tailored information to a return visitor to the site by remembering what pages the visitor has viewed previously. We do not use persistent cookies on this site.
Non-persistent cookies are used during a particular session, but are not stored on your computer's hard drive when the session is over. The information is stored only temporarily and is used primarily for technical reasons such as ease of navigation, authentication of passwords, placing samples in a shopping cart, and so on. We do use non-persistent cookies to enhance your visit to this site; these cookies disappear automatically as soon as you end your session.
If you wish to use a link to another website or to do business with another user of the site, you may be asked by the other user to provide certain confidential information. You agree not to hold PASS/NAHRO responsible for any loss or damage of any sort incurred as a result of any such disclosure to another user through the site.
You may choose to send personally identifying information to other sites you have linked to through our site. We do not control the collection or use of this information, and make no representations about the privacy policies of other sites.
We do not sell your company information to any outside source. We will however send you emails monthly with information as to how to increase your exposure to our participating agencies located within your marketplace, along with information about other Procurement Assistance Software and Support Marketplaces. We do this for two reasons, one to make sure you are aware of other potential opportunities for your company, along with making sure we keep our database current for our participating agencies. As you will use your email as your login, we can disable the particular email if we receive a bounce back.
FCPS may, at its sole discretion, terminate or suspend Subscriber's access to all or part of the Service for any reason, including without limitation, breach of the Subscriber's Agreement, or assignment of the Subscriber's Agreement by Subscriber.
Should any portion of this Agreement be held by a court to be illegal, invalid or unenforceable, the legality and enforceability of the remaining provisions of the Agreement shall not be affected or impaired thereby.
These Terms and Conditions shall constitute the entire agreement between FCPS and the Subscriber with respect to the subject matter hereof. This Agreement supersedes all prior discussions, negotiations, or representations by the parties.