Terms of Use

Last Modified: September 13, 2017

Acceptance of the Terms of Use

These terms of use are entered into by and between you and NASPO Cooperative Purchasing Organization, LLC, doing business as NASPO ValuePoint. “NASPO ValuePoint”, “we” or “us”). The following terms and conditions (these “Terms of Use”), govern your access to and use of www.naspoValuePoint.org, including any content, functionality and services offered on or through www.naspoValuePoint.org (the “Website”). Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

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 Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by NASPO ValuePoint, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website only for such business purposes as are consistent with states’ cooperative procurement program, ValuePoint®, administered by NASPO ValuePoint. Suppliers holding current ValuePoint® master agreements may use this site consistent with the terms of the master agreement. Users not employees of states or other government entities of the United States and its territories must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• 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 Website for your own commercial use, as consistent with these Terms of Use and the purpose of the Website, and not for further reproduction, publication or distribution.

With respect to all Users, you must not:
• Modify copies of any materials from this site.
• 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 Website other than that set out in these Terms of Use, please address your request to info@naspValuePoint.org, If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by NASPO ValuePoint. Any use of the Website not expressly permitted by these Terms of  Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The ValuePoint® name and all related names, logos, product and service names, designs and slogans are trademarks of NASPO ValuePoint or its affiliates or licensors. You must not use such marks without the prior written permission of NASPO ValuePoint. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or internationallaw or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To impersonate or attempt to impersonate NASPO ValuePoint, a NASPO ValuePoint employee, a master agreement Lead State, or its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NASPO ValuePoint or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use any robot, spider or other automatic, web-scraping device, process or means to access the Website for any purpose, including data aggregation or the monitoring or copying any of the material on the Website without our prior written consent.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The documents on the NASPO ValuePoint website are for informational/convenience purposes only. Official documents are maintained by the Lead State (or participating entity in the case of participating addenda). In the event of any conflict between the documents on this site and those maintained by the Lead State or participating entity, the official documents maintained by the lead state or participating entity govern.

Changes to the Website

We may update the content on this Website from time to time.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access  any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of Kentucky in the United States. We provide this Website for use only by persons located in the United States and its territories. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

NASPO ValuePoint 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

Users who are not states or government entities agree to defend, indemnify and hold harmless NASPO ValuePoint, 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) arising out of or relating to your violation of these Terms of Use or your use of the Website, or any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the State of Kentucky or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kentucky. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. This subsection shall not govern choice of law or venue for any legal suit, action, or proceeding where a state or governmental entity is a party.

Waiver and Severability

No waiver of by NASPO ValuePoint of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NASPO ValuePoint to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and NASPO ValuePoint with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

This website is operated by NASPO Cooperative Purchasing Organization LLC, doing business as NASPO ValuePoint, 201 E. Main St., Suite 1405, Lexington, KY 40507. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to KOfferdahl@NASPOValuePoint.org. All notices of copyright infringement claims should be directed to the NASPO ValuePoint General Counsel: RPennington@NASPOValuePoint.org.