Posting Terms and Conduct on Website (“Posting Terms”)
By utilizing the Website, engaging in the PF Community, or otherwise participating in activities and services offered by the Procurement Foundry (including posting or sharing content), You agree to be deemed to have read and understood all of the Posting Terms, to the Privacy Policy, and to the User’s Terms of Use, and to have agreed to be bound by them. If You do not wish to be bound by these Posting Terms, or to the Privacy Policy, or to the User’s Terms of Use, please exit the Website now and do not otherwise agree to these Posting Terms. Capitalized terms, if not expressly defined below, have the definitions set forth in User’s Terms of Use or as otherwise incorporated by reference herein.
Your remedy for dissatisfaction with this Website is to stop using the Website. Your agreement with us regarding compliance with these Posting Terms and the other terms and conditions referenced herein, becomes effective immediately upon commencement of Your use of this Website.
These Posting Terms were last updated as of the date identified at the end of these Posting Terms. It is effective between you and Procurement Foundry as of the date of You access or otherwise utilize the Website. Procurement Foundry reserves the right, in our sole and unfettered discretion, to change these Posting Terms from time-to-time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and the Posting Terms periodically and to be aware of any modifications. Your continued use of the Website after such modifications will constitute your acknowledgment of the modified Terms and your agreement to abide and be bound by the modified Posting Terms. No modification to these Posting Terms shall be valid or enforceable against Procurement Foundry unless expressly agreed to by Procurement Foundry in a writing signed by a duly authorized officer of Procurement Foundry.
USE OF THIS WEBSITE AND PROCUREMENT FOUNDRY SERVICES IS LIMITED TO THE USA AND WHERE IT IS LEGAL TO DO SO. You must not use or access same elsewhere including, but not limited to, those in countries where it is restricted, prohibited under the laws, rules, executive orders, and regulations of the USA or otherwise limited by local law, regulations, codes or customs.
Titles and headings of sections of these Posting Terms are for convenience only and shall not affect the construction of any provision of these Posting Terms.
General Topline Rules of the Road
Your use of the Website and sharing, uploading, or posting content or otherwise sharing information (all as a part of Member Data) is subject to all applicable laws and regulations and these Posting Terms. You are solely responsible for the contents of your communications through the Website.
We neither endorse nor assume any liability or responsibility for the contents of any material uploaded or submitted by third-party users or Members (inclusive of their Users) of the Website.
We generally do not pre-screen, monitor, or edit the content submitted by Users on or through this Website. However, we and our agents have the right in our sole discretion to remove any content or Member Data that, in our judgment, does not comply with these Posting Terms and any other rules of user conduct for our Website, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal. Likewise, you waive any claim against us for our failure to remove.
Procurement Foundry's Community is only as strong as the professionalism and integrity of its Members and Users. At a minimum, we ask that all Members and Users adhere to the following baseline guidelines when uploading information/content, sharing content with or otherwise posting questions or responses or other Member Data to both the community as a whole – and to individual Users.
Rights Granted to Procurement Foundry
· For avoidance of doubt, and without limiting any of Procurement Foundry’s other rights, when User submits, shares, or posts materials (including through any type of hyperlink), User hereby grants Procurement Foundry a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, copy, modify, adapt, publish, translate, process, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology without any further consent, notice and/or compensation to User in connection with same. Any exceptions to the rights granted are (or will be) separately agreed, in writing, by Member and a duly authorized representative of Procurement Foundry. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE USE OF MEMBER DATA OR THE RIGHTS GRANTED, DO NOT SHARE ANY CONTENT OR POST ANYTHING ON THE WEBSITE.
General Rules of Posting
· The general purpose of sharing content with the community and posting questions and answers is to be a part of a premier industry specific community where procurement and supply chain professionals can digitally (and at physical destinations) meet, gather, communicate, collaborate, and share industry knowledge and expertise to enrich their professional skills, knowledge, and professional network. Together we can make our community a place where everyone is able to learn, grow, and communicate, which, in turn, helps facilitate new economic opportunities.
· By posting or sharing content on the Website, or on another Procurement Foundry site or Procurement Foundry-sponsored message boards, discussion forums or other interactive content on third party sites, you agree that Procurement Foundry may publish your comment or content in whole, or in part. When you share information on our Website, others can see, copy and use that information. Expect that your shared content and posts will be publicly available and can be shared and that any data that you include on your profile and any content you post or social action you take on our Website will be seen by others.
· When sharing or otherwise uploading or publishing Member Data you are representing and warranting that you have the complete, legal and unfettered right to do so and agree that you will not publish or post anything you don't have permission to share. This includes other people's content (articles, images, videos, etc.), things that you've found on the internet (as many times that content belongs to others), or content (whether confidential or not) that belongs to your employer (or to the Member) but not you. You're responsible for the content of shared Member Data, including any harm caused by you to others, or harm caused to you through your use of this Website. You should not post copyrighted materials of others.
· We do not publish all postings or content that is shared. We are not obligated to publish any information or content on our Website and can remove it with or without notice. We don’t promise to store or keep showing any information and content that you’ve posted. As Procurement Foundry is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
· When you submit a posting or share content with the Community or with Procurement Foundry on this or other sites, Procurement Foundry may identify you by: your first name, or last name and initial, or an alias that you have provided to us; your 'member since' date; and other information that does not specifically identify you.
· Procurement Foundry reserves the right to reveal your identity and the content of your original and posted submissions in response to legal action by any party, or in response to a request by governmental authority, or in defense of Procurement Foundry.
· Our Website allows messaging and sharing of information in many ways, such as your profile, posts, links to news articles, and messages. Information and content that you share, or post may be seen by other Members, visitors or others.
Other Member and User Prohibitions, Rules of the Road and Terms Related to Member Data, Posts and Uploads
- Remember to be professional and to treat all PF Community users with respect, honesty, and professionalism;
- You agree that you will not:
- Post, upload, share or otherwise distribute anything misleading, fraudulent, deceptive, obscene, threatening, hateful, defamatory, harassing, infringing, intimidating discriminatory, illegal, or otherwise violates our rules or policies or the rights of third parties;
- Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other contractual or proprietary right of any party;
- Create a false identity on Procurement Foundry, misrepresent your identity, or use or attempt to use another’s account;
- Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Website or otherwise copy profiles and other data from the Website;
- Override or seek to override any security feature or bypass or circumvent any access controls or use limits of the service available on or through the Website;
- Copy, create derivative works from or otherwise use, disclose or distribute any information obtained from the Website, whether directly or through third parties (such as search engines), without the consent of Procurement Foundry;
- Modify, copy, or create derivative works of any PF Content, a Service or any part, feature, function or user interface thereof;
- Post anything that contains software viruses, worms, or any other harmful code;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology that is not open source or: (1) build a competitive product or service, (2) build a product or service using similar ideas, features, functions or graphics of the Website, or (3) copy any ideas, features, functions or graphics of the Website;
- Imply or state that you are affiliated with or endorsed by Procurement Foundry without our express consent (e.g., representing yourself as an accredited Procurement Foundry trainer);
- Make the Website, any Service or PF Content available to anyone else;
- Use the Website or any Service or the PF Content for the benefit of anyone other than Member;
- Rent, lease, loan, trade, sell/re-sell or otherwise monetize the services or related data available from the Website or access to the same, without Procurement Foundry’s consent;
- Use bots or other automated methods to access the Website, or add or download contacts, send or redirect messages;
- Monitor the Website’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
- Overlay or otherwise modify the Website or its appearance; and/or
- Interfere with the operation of, or place an unreasonable load on, the Website (e.g., spam, denial of service attack, viruses, gaming algorithms).
- Using meta tags or other “hidden text”
- Disparaging Procurement Foundry or its service providers, partners, users, or affiliates.
- Procurement Foundry may restrict, suspend, or terminate your Procurement Foundry account and/or disable your articles for any violation of these Posting Terms. Procurement Foundry reserves the right to remove or modify any posting that is false, offensive, violates any law or the rights of third parties, violates these Terms, or is defamatory or duplicative.
- Procurement Foundry reserves the right to disable accounts found using infringing content.
Using Other Content, Websites and Apps
- Your use of others’ content and information posted on our Website (including data posted by other users and other members), is at your own risk.
- Others may offer their own products and services through our Website, and we aren’t responsible for those third-party activities.
- By using the Website and participating in the PF Community, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Procurement Foundry generally does not review content provided by our Members, Users, or others. You agree that we are not responsible for others’ (including other Members’ and other Users’) content or information. We cannot always prevent this misuse of our Website, and you agree that we are not responsible for any such misuse.
Reporting Violations
IF YOU FIND VIOLATIONS Report them. We respect our policies and the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties or of these Posting Terms, the Agreement and our policies. We provide a policy and process for complaints concerning content posted by our Members. Please contact your Procurement Foundry representative for more about this policy or send an email to violation reportingviolation@procurementfoundry.com.
When we are notified of content that may violate these Posting Terms, the Agreement, our policies, or community standards, we may investigate and choose to remove content that does not meet Procurement Foundry’s standards. When we do this, we may also send a notice to the offender that its content violates our policies, how, and the action we’re taking. If a Member believes its content has been removed in error, such Member may contact its Procurement Foundry representative and request a second look. Repeated violations may result in account restriction. We provide the opportunity to appeal against an account restriction, and we may reinstate a restricted account if the Member agrees to take action to correct its infraction and to mitigate risk of future violations. Continued violations will result in permanent restriction from the Website. For certain egregious violations, we may permanently restrict a Member’s account after a single violation. The choice as to whether or not to take any action rests solely and exclusively with the Procurement Foundry; and decision is final, binding, and non-appealable.
Other Prohibited Uses
Advertising by Members and Users is Strictly Prohibited
Do Not Advertise Goods Or Services To The Community
· Postings for job openings or for job opportunities don't belong on our publishing platform. Learn more about posting a job on Procurement Foundry.
· While we expect our Community members to celebrate their offerings and services, advertisements and promotions for events, products, or services aren't appropriate content for Members to share with other Community Members. Advertisements can be purchased using Procurement Foundry Marketing Solutions.
· Do not send unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, lottery or gambling.
Electronic Communications: You may not share or send digital or electronic communications that are illegal, obscene, profane, threatening, defamatory, invasive of privacy, infringing of intellectual property rights; or contains harmful code, political campaigning, commercial solicitation, chain letters, or mass mailings; or violates any applicable law, such as the CANSPAM Act.
Access: You may not use this Website in any manner that could damage or overburden any Procurement Foundry equipment or software. You may not use any means of systematic retrieval of data or other content from this Website. You may not obtain, or attempt to obtain, access to any material or information on this Website that is protected by passwords, PIN or required login identification through any means not expressly authorized by Procurement Foundry. You may not use the login information of another person unless they specifically authorized you to do so.
Links: You agree to obtain our permission before creating a hyperlink or similar link or connection to or from this Website.
Endorsements: You may not use Procurement Foundry's name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by Procurement Foundry without express written permission.
Unsolicited Submissions: Unless otherwise stated, Procurement Foundry does not accept unsolicited ideas, suggestions, or materials relating to development, design, or marketing of its services and products. Any such postings to this Website and electronic mail or other communication delivered to Procurement Foundry will be considered non-confidential and non-proprietary and will remain the exclusive property of Procurement Foundry. Procurement Foundry may copy, disclose, distribute, incorporate, and otherwise use the item and any information contained therein for any purpose without compensation. Personal information transmitted to us, however, will be treated in accordance with the Procurement Foundry’s privacy policies.
Procurement Foundry Copyright: This entire Site is the copyrighted work of Procurement Foundry. Unless otherwise specified, no person has permission to copy, display, distribute, republish, or create derivative works from such information in any form.
Trademarks: By providing content, we do not allow you to use trademarks referenced in this Website. You may not use any meta tags or any other 'hidden text' using Procurement Foundry's name or trademarks without the express written consent of Procurement Foundry. The trademarks, logos, and service marks ('Marks') displayed on the Site are the property of Procurement Foundry or other parties. Users are prohibited from using any Marks without the written permission of Procurement Foundry or the third party that owns the Marks.
Copyright Infringement Claims
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that any material contained on this Website may infringe on your copyright, notice must be given in writing of the following: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material; (c) information sufficient to permit Procurement Foundry to locate the infringing material; (d) a statement that the complaining party has a good faith belief that use of the material is not authorized or permissible by law; and (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner, agent, or licensee. Anyone who knowingly misrepresents that material is infringing in such a notice will be liable for any damages and any associated costs incurred by Procurement Foundry. Written notice must be sent to: Procurement Foundry, reportingviolation@procurementfoundry.com. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:
· Your physical or electronic signature;
· Identification of the material removed or to which access has been disabled;
· A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
· Your full name, your email address, your mailing address, and a statement that you consent to the jurisdiction set forth in the User’s Terms of Use, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent. Please submit your Counter-Notice to Procurement Foundry’s Copyright Agent via our online submission form or mail to the address specified above.