HostGPO Group Purchasing Agreement and Terms of Use
Last Modified: May 7, 2020
Acceptance of the Group Purchasing Agreement and Terms of Use
We are excited to have you join our HostGPO family, but the following terms are necessary to make sure that our deals stay safe and secret for our members only! You are agreeing not to distribute codes or website access other than for the uses described below. Also, we want to make sure you understand that while we may help facilitate orders to get you the best discounts we can, we are not a party to any purchase you make. You are buying products directly from the companies giving the discounts, so any warranties, product issues or payment concerns are ultimately handled between you and them, though we are happy to help out whenever we can. Welcome to the HostGPO buying group – we are happy to have you and together we are collectively stronger!
The following group purchasing agreement, terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use" or “Agreement”), govern your access to and use of HostGPO.com, including any content, functionality, and services offered on or through HostGPO.com or through any website that HostGPO, Inc makes its services available (collectively, "Website"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application"), and all associated services, including, but not limited to customer service and phone support, (collectively, “HostGPO Services”). This Agreement is with you individually, or if you are registering as a company, your whole business including its agents, associates, employees, assignees and successors. The Website, Application, and HostGPO Services, including its phone calls, emails and introductions together hereinafter are collectively referred to as the “Platform.”
Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here (https://members.hostgpo.com/privacy/) incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
NOW, THEREFORE, in consideration of
the mutual promises and covenants contained
herein, the parties hereto agree as follows:
The HostGPO Platform is a beta version of our group purchasing organization that negotiates with vendors (each individually a “Vendor” and, collectively, the “Vendors”) for discounted prices and preferable terms on products, services and supplies (“Products”) for property management companies and furnished rental hosts (“Hosts”) at competitive prices for their rental units (“Listings”) through group purchasing programs. You, the Member, acknowledge that You are a Host who desires to participate and purchase through Vendors in one or more programs negotiated by the HostGPO (each individually a “Program” and collectively, the “Programs”). HostGPO sets and selects its Members entirely in its sole discretion and on its own criteria, which is subject to change at any time, and does not guarantee Membership to any individual or company for any reason. As a beta version it is susceptible to glitches and errors and we appreciate your cooperation and patience as we work through development together.
As the provider of the Platform, we do not own, create, sell, resell, provide, control, offer, deliver, or supply any Products. Hosts alone are responsible for their purchase contracts with Vendors. When a Host makes a purchase, they are entering into a contract directly with the Vendor and not with HostGPO. You agree that we are not and do not become a party to or other participant in any contractual relationship between Hosts and Vendors. While we may help facilitate a Host’s purchase from a Vendor, we have no control over and do not guarantee (i) the existence, quality, safety, suitability, or legality of any purchase, (ii) the truth or accuracy of any Products descriptions, (iii) the performance or conduct of any Vendor, or (iv) any warranty of any Product. Any information we submit to you, you should always verify and conduct due diligence with on your own.
The Platform may contain links to or forward information that was collected by third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by us of such Third-Party Services.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website or Platform.
3. Accessing the Platform and Account Security
While Member is not required to make any purchases of Product under the Program, Member agrees that any purchases made will comply with the terms and conditions of this Agreement and all terms and conditions of the contract negotiated by HostGPO with the various suppliers of Products under the Program.
We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
· Making all arrangements necessary for you to have access to the Platform.
· Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy https://members.hostgpo.com/privacypolicy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
4.
Own Use and
Confidentiality
Member
expressly understands and agrees that each and every purchase made through the
Program is for Member’s ultimate consumption or use, and that Member shall not
provide access to the Platform to any outside company or individual that is not
directly affiliated, related to or controlled by Member.
Member
also agrees that all non-public, confidential, or proprietary information,
including, but not limited to, information relating to Products, Vendors, discounts,
pricing, operations, employees, services, or customers of HostGPO ("Confidential
Information") disclosed to Member under this Agreement or by use of the
Platform, whether disclosed orally or disclosed or accessed in written,
electronic, or other form or media, and whether or not marked, designated, or
otherwise identified as "confidential," in connection with this
Agreement is confidential, solely for the use in performing obligations under
this Agreement, and may not be disclosed unless authorized by HostGPO in
writing.
5. Compensation
In consideration for making the Program(s) available to you and administering the Program(s) set forth on the Platform, the Member understands that the we may, at some point, change our pricing model to charge members membership fee and we may receive also compensation from Vendors on the goods or services purchased by the Member and other participants in such Program(s).
6. Intellectual Property Rights
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: legal@HostGPO.com.
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms of Use.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or personal information shared or associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform, or expose them to liability.
Additionally, you agree not to:
· Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
· Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
· Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Platform.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
· Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Platform.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Use.
10. Monitoring and Enforcement; Termination
· Remove or refuse to post, or to edit or delete, any User Contributions or data on the Platform for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
· Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
· Terminate or suspend your access to all or part of the Platform or its data for any or no reason, including without limitation, any violation of these Terms of Use.
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://members.hostGPO.com/privacypolicy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please e-mail us at legal@HostGPO.com for a copy of our copyright policy and for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
13. Reliance on Information Posted
15. Information About You and Your Visits to the Website
16. Online Fees and Other Terms and Conditions
If we charge a membership fee, or collect a payment from you to facilitate an order of Products through a Vendor, all services purchased through our site or other transactions for the sale of services or information formed through the Platform, or resulting from visits made by you will be disclosed in advance. You agree to pay any service fee currently listed on the Pricing page of our website or in any invoice sent to you for the facilitation of a purchase you have requested to make. If you agree to purchase services from us, or have us facilitate Product purchases on your behalf, you also agree that we may hold your credit card or other payment information such that we may charge it for a recurring subscription. There will be no returns, refunds or exchanges required by us for any reason, including, but not limited to for unused services.
If you wish to cancel a subscription under this Agreement, you agree to provide thirty (30) days written notice before the end of the current billing cycle.
The owner of the Platform is a Delaware corporation based in the State of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Sending access to the Platform, including any services of the Platform, to anyone outside of the United States is a violation of the Terms of Service.
THE
MEMBER FURTHER ACKNOWLEDGES THAT (A) HOSTGPO IS NOT THE MANUFACTURER OR VENDOR
OF ANY PRODUCT MADE AVAILABLE UNDER ANY PROGRAM AND FURTHER THAT (B) HOSTGPO IS
NOT ANY MANUFACTURER’S OR VENDOR’S AGENT.
ACCORDINGLY, THE GPO HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EITHER
EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO ANY PRODUCT MADE
AVAILABLE UNDER ANY PROGRAM INCLUDING WITHOUT LIMITATION, ANY PRODUCT’S
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, CONDITION, QUALITY,
CAPACITY, MATERIAL OR WORKMANSHIP, OR AS TO PATENT INFRINGEMENT OR THE LIKE.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND ITS CONTENT, USE AND DISTRIBUTION OF PERSONAL INFORMATION, OR ANY OTHER INTERACTION YOU HAVE WITH OTHER MEMBERS OR VENDORS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
22. Release
If you have a dispute related to any use of the Platform or Products, you release the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees), known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
23. Governing Law and Jurisdiction
You and HostGPO acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all disputes. Further, unless you and us both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
26. Jury Trial Waiver
You and HostGPO acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes.
27. Limitation on Time to File Claims
Your Comments and Concerns
This website as well as the Platform are operated by HostGPO, Inc., a Delaware Corporation.
All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: help@HostGPO.com.