PROVISION OF SERVICES
- You agree that:
- Pacific Business Press offers or may offer various Services through this Site, including but not limited to L-RFP, e-mail, broadcast messaging, news, blogs, online courseware, chat areas, discussion forums or message boards.
- Pacific Business Press reserves the right to modify or to terminate the provision of all or any of these Services, the functionality of any or all of the Services at any time and reserves the right to establish and alter the general rules and limits concerning use of its Services.
- Pacific Business Press may:
- Prohibit access and use of the Services
- Amend instructions for the Services or for use of the Site
- Add services or change any Services available on the Site
- Withdraw any of the Services available on the Site
- Cancel, terminate, modify, suspend or suspend access to the Site or any portion thereof, inter alia:
o To make repairs
o To carry out upgrades to improve the performance or functionality of the Site
o Because of nonuse or
o For whatever other reason.
Pacific Business Press shall attempt to give users as much notice as is reasonably practical in the circumstances.
- The Services provided through the Site are accessed via the Internet.
- Pacific Business Press does not make any guarantee as to the availability, performance or continued provision of these Services
- Pacific Business Press cannot and does not guarantee the performance of the Internet
- We do not warrant that:
- Access to the Site will be uninterrupted or error free
- The Services available at the Site will be available at all times and/or will never
- The Services nor all functions available through the Services available through the Site will be compatible with all hardware and software that you may use.
- If for any reason any portion of the Site cannot run as planned because of some problem beyond our control including, but not limited to,
- Technical failures to the hardware, software, network communications or other IT infrastructure
- Security or access control restrictions implemented by ISPs, telecommunications, certification authorities, other service providers or government bodies
- Infection or disruption by:
- Computer virus
iii. Unauthorized access or intervention
iv. Fraud v. Denial of service attacks
vi. Power outages vii. Service disruptions
viii. Externally-imposed restrictions or interventions
- Scheduled or emergency maintenance, or
- Any other causes beyond the control of Pacific Business Press / Gilkron
we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit access and use of the Site, and to cancel, terminate, modify or suspend the Site or any portion thereof.
- Pacific Business Press reserves the right to perform one-way encryption of passwords for account maintenance purposes.
- Pacific Business Press may automatically archive and delete Content from the Services at regular intervals.
- Notification of technical problems should be made according to procedures specified in the Notification of technical problems, abuse of the Service, unauthorized use, improper behavior, defamatory or infringing activity section below.
- Any software made available on the Site and/or any instructions regarding the use of any software available on this Site is provided “as is‟ without any representation or warranty, express or implied, of any kind including, but not limited to, warranties of non-infringement or fitness for any particular purpose, unless stated otherwise.
- Pacific Business Press shall have no liability for damage, loss or expense resulting from the failure to receive or delays in:
– The receipt of RFI/RFPs/L-RFPs
– Email or other notices
– The provision of Content, advice or information through the Services.
- Pacific Business Press does not accept liability for damage, death or personal injury caused by your own negligent use of the Site.
- You shall indemnify us for any loss that we directly or indirectly suffer as a result of any breach of this Agreement by you.
- In addition,
Pacific Business Press will not be liable for any computer malware, any damage to or any loss of data on your computer system, network, servers, clients including mobile device, or other losses suffered by you that result from:
– The download of any Content made available via the Site or from the use of this Site
– Delays in the delivery of Content or any communications
– Delays in the receipt of Content or any communications
– Non-delivery of Content or any communications, whether in whole or in part
– Mis-deliveries or miscommunications
– Network or system outages
– File corruption
– Service interruptions beyond Pacific Business Press control
– Unauthorized access to IT infrastructure used by Pacific Business Press
– Your own errors or omissions.
- Pacific Business Press will neither issue refunds nor accept responsibility for any delay or inability to access any part of its Services or the Site due to any faults of, or your means of access to, the Internet or your reception of its Services.
- Pacific Business Press will not be held liable for any losses incurred due to any unauthorized use of Your Account by any third party.
- Opinions expressed on the Site are not the opinions of Pacific Business Press or the operators of the Site.
- Pacific Business Press does not warrant the reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance on any such advice, opinion, statement or other information shall be at your own risk and we accept no liability for any reliance placed on such opinions.
- Pacific Business Press shall have no liability for damage, loss or expense resulting from the failure to give advice or information or the giving of inaccurate advice or information, whether on the Site or elsewhere, including when this has resulted from our negligence or that of any of our employees, agents, sub-contractors, ISPs, application, service providers.
- Any liability whether in contract, tort or otherwise on our part in respect of any defect in the Content or of any duty owed to you under or in connection with this Agreement shall be further restricted in the aggregate to the repayment of the amount paid by you for the Services in question.
- You shall not sue or seek to recover any damages or other payment from us or our agents, representatives, partners, employees, licensors, content and technology providers, and any related company as a result of Pacific Business Press’ decision to terminate or suspend the Services currently provided on the Site.
- You accept that your use of the Site and the Services provided by it is at your own risk. Save as expressly permitted in this Agreement, all warranties, conditions or other terms implied by statute, common law or other-wise are excluded to the fullest extent permitted by law.
- Any and all notices to be given by us to you or by you to us in regards to or in connection with the terms of this Agreement shall be deemed sufficiently given when such notices are sent by e- mail to you at the e-mail address you provided to us or to us at the e-mail address or facsimile number on the Site as well as by physical mail. Any and all notices to be given by us to you or by you to us in regards to or in connection with the terms of this Agreement shall be deemed sufficiently given when such notices are sent by e-mail to you at the e-mail address you provided to us or to us at the e-mail address or facsimile number on the Site.
- When you send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Notification of technical problems, abuse of the Services, unauthorized use, improper behavior, defamatory or infringing activity
- If a technical fault occurs you should report the fault to firstname.lastname@example.org
- The notice should contain relevant information reasonably sufficient to permit us to contact you, such as your address, telephone number, fax number and/or electronic mail address.
NOTIFICATION OF ABUSE OF THE SERVICES
- If a user is, in your opinion, abusing the Services to inter alia, send spam or other inappropriate messages, or make illegitimate or non-bona fide requests for information through the Services, please report this to email@example.com
The notice should contain:
– Identification of the user who is alleged to be abusing the Services
– Evidence to support your allegations
– Information reasonably sufficient to permit us to contact you, such as your address, telephone number, fax number and/or electronic mail address.
RESPONSE TO COMMUNICATIONS
- Pacific Business Press will make a good faith effort to respond to communications submitted through the Site, but has no liability, obligation or responsibility to users who submit such communications.
- In the case of reported technical problems, Pacific Business Press will make a bona fide effort to correct the problems that it can rectify as soon as it reasonably can but does not guarantee that the technical advice provided by us, our agents or technical partners will resolve your technical problems.
- If Pacific Business Press receives a complaint regarding any defamatory or infringing activity we will assess the validity of the request. If the request is deemed reasonable, the content will be withdrawn from public access.
SANCTIONS AND RECTIFICATION
- In the event that you send any Content that breaches the provisions stated above, Pacific Business Press reserves its right to remove that Content or disable access to it and to respond to any complaints made by a third party in respect of that Content. Pacific Business Press will not be liable to you if it removes any Content because it believes that such Content breaches the provisions of this Agreement.
- Pacific Business Press shall have the right to record the IP address from which any user submitted Content is transmitted or communicated through this Site, without notice
- Pacific Business Press may also preserve any Content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the terms of this Agreement or to respond to third party complaints about such content.
- Pacific Business Press reserves the right to delete any Content, or take action against any account, at any time, for any reason.
- Pacific Business Press reserves the right to terminate your access to the Site and Services available on the Site for violating the law, this Agreement, if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing or should Pacific Business Press receive too many complaints about that user‟s activities from other users of the Site or Services including excessive numbers of communications or requests for information submitted through the Services.
- Users may be removed for engaging in prohibited activities or if Pacific Business Press should receive complaints about a User‟s behavior from other users.
LINKING TO THE SITE
- Please contact Pacific Business Press when you link to or wish to link to the Site. Any linking to the Site will be at your own risk and expense.
- By linking to the Services, you agree that you will not:
- Imply in any way, by manner of presentation of the link or otherwise, that Pacific Business Press endorses your site, products or services, or that you are affiliated with Pacific Business Press in any way.
- Frame Pacific Business Press content, surround it with your own advertising or identity, or charge a fee for any link to the Services.
- Link to the Site from any Web page or Web site containing defamatory, obscene or criminal material, or material that infringes, violates, or advocates the infringement or violation of any third party rights.
- Host, publish, broadcast, rewrite or redistribute any content on the Services except with the express written consent of Pacific Business Press.