DIVERSE SUPPLIER LINK TERMS OF USE


EFFECTIVE ON: MARCH 12, 2012

Welcome to the Diverse Supplier Link website (the “Site”) located at https://www.diversesupplierlink.com. We’re happy to have you here, and we appreciate your interest in Supplier Diversity. These Terms of Use govern your use of the Site and its contents. The terms “Diverse Supplier Link”, “we”, “us” and “our” refer to Diverse Supplier Link and its Owner, SNtial Technologies, Inc. and any Affiliates and "you," and "your," means the person, and company or organization that registers on this website.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND THE DIVERSE SUPPLIER LINK PRIVACY STATEMENT AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

1. You must register on this Site in order to use certain of the Site functions. If you just want to browse this Site, registration is optional. During registration, you will be required to provide contact information, consisting of an email, username and password. You represent and warrant to us that you are at least 18 years old and that you possess the legal right and ability to use the Site in accordance with these Terms of Use. You agree that the information you submit in your registration with the Site is current and accurate. Such information will be included in your profile on the Site. You may include, if you so choose, additional information in your profile on the Site. You agree to maintain the security of, and not allow others to use, your User ID or password. You are responsible for your profile and activities on this Site, and it is up to you to decide what information you disclose about yourself on this Site. We reserve the right to reject or remove any username and/or password at any time.

2. When you visit the Site, complete profile information or other User Content, or send emails to us, you are electronically communicating with us. You, therefore, are consenting to receive electronic communications from us. You agree that we may communicate with you by e-mail or by posting notices on this Site and that all disclosures, notices, agreements and other communications that we electronically provide to you satisfy any legal requirement that such communications be in writing.

3. This Site contains proprietary notices and copyright information, which you must observe and follow. SNtial Technologies owns the Site. The content on this Site (other than User Content), including any trademarks or software developed for the Site, ("Site Content") is owned by SNtial Technologies. The Site grants you non-exclusive, non-transferable, limited permission to access this Site and the Site Content. Except as expressly authorized herein, without our express prior written consent, you may not copy, reproduce, upload, post, modify, transmit, mirror on another site or in any other media, distribute or create derivative works of this Site or the Site Content. The Site does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way. You may not use any program, spider, or “bot” to gather or “harvest” information from this Site.

4. Diverse Supplier Link may allow you to supply content for the Site or its functions that can be accessed or viewed by others. You are responsible for all User Content that you supply to this Site. "User Content" includes all information, profiles, personal information, reports, materials, feedback, contact data, submissions, ideas, tags, messages, recommendations, text, material, articles, photos, music, posts, comments, responses, e-mail and other content that you post on this Site. You agree to only post User Content that you created or developed or that you have permission or authorization to post. The Site may, in its sole discretion, for any reason or no reason at all, access, edit, and remove any User Content posted on this Site, without permission of or notification to the participant who posted the User Content. The Site may (but is not obligated to) monitor the activities and postings of participants (or be alerted to the same) on this Site for any reason, such as if the Site believes such action is necessary to comply with these Terms or Use, any law or act in an emergency.

5. You represent and warrant that you: (i) are the owner or authorized licensee of any and all User Content; and (ii) will not supply, post, or otherwise distribute or transmit Content that violates these Terms of Use or applicable law, (e.g., any threatening, libelous, defamatory, obscene, or pornographic material) and (iii) that you have all required permissions and consents from any third party whose personal information you may have posted or uploaded to the Site.

6. You hereby agree to defend, indemnify, and hold harmless SNtial Technologies and its Affiliates, directors, officers, agents, contractors and employees from and against any and all losses, claims, costs and expenses, including attorney's fees, arising out of or relating to (i) your User Content, (ii) your violation of these Terms of Use or violation of applicable law and (iii) your activities on this Site. This defense and indemnification obligation will survive these Terms of Use and your use of the Site. You shall cooperate as fully as reasonably required in the defense of any claim. SNtial Technologies reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SNtial Technologies.

7. Your use of this Site signifies your continuing consent to our Privacy Statement which you can examine at any time by clicking on the “Privacy” link on the Site. Our Privacy Statement shall apply to your registration information, namely your e-mail address, insofar as you do not make such information part of your profile. It shall not apply to User Content that you post. We protect your privacy very carefully, but we also expect you to protect your account information on the Site. This includes making every best effort to not share your User ID and password, leave a computer logged into your account, and other protective measures that will lead to a breach of your privacy on our Site.

8. You may request to remove your User Content and cease being a participant in the Site at any time. If you choose to remove your User Content, your User Content will no longer be displayed on the Site’s platform, but we may, if we so choose, archive and retain copies of your User Content.

9. SNTIAL TECHNOLOGIES IS NOT RESPONSIBLE FOR USER CONTENT OR THE ACCURACY OF ANY USER CONTENT POSTED. USERS SHALL REMAIN SOLELY RESPONSIBLE FOR THE USER CONTENT THEY POST. USER CONTENT DOES NOT REPRESENT THE VIEWS OR OPINIONS OF SNTIAL TECHNOLOGIES. SNTIAL TECHNOLOGIES DOES NOT GUARANTEE THAT ANY USER CONTENT IS CORRECT OR ACCURATE AND SNTIAL TECHNOLOGIES DOES NOT ENDORSE ANY USER CONTENT.

10. We provide this Site and its contents “AS IS”. We make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERUPPTION. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

11. If you suffer any harm or losses as a result of your use of this site, you may cease being a participant in the site, which shall be your sole and exclusive remedy for such harm or losses. You may not assert claims for money damages arising from this Site or its contents. We shall not be liable for any indirect, special, consequential, incidental or exemplary damages, even if we knew or should have known of the possibility of such damages. Because such states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of SNtial Technologies, shall be limited to the extent permitted by law. YOU SPECIFICALLY ACKNOWLEDGE THAT SNTIAL TECHNOLOGIES IS NOT LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

12. There is no guarantee that any Buyer will purchase any goods or services from any Supplier that registers to use this Site. This Site does not create a procurement, or any other relationship between Buyers and Suppliers that register.

13. We may, for any reason and at any time, without or without notice, change or discontinue the Site or your access, in whole or in part, including any Site or User Content, service, function or feature.

14. The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by us of any third-party site or any materials contained therein. SNtial Technologies does not control and is not responsible for, the availability, accuracy, the privacy practices, currency of such third-party sites or any information, products or services or content accessible from any sites linked to from this Site. We grant you a limited right to create a hyperlink to the Site as long as the link does not portray us or our services in a false, misleading, derogatory, or otherwise offensive manner. You may not use Supplier Diversity Link’s design or other proprietary graphic or trademark as part of the link without our written permission.

15. We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new Terms. You are responsible for checking these terms periodically for any changes.

16. We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion. Upon termination, your User Content will no longer be displayed on the Site’s platform, your User ID and password will be deactivated and you will no longer be able to access the Site, but we may, if we so choose, archive and retain copies of your User Content.

17. We operate in a manner that acknowledges and respects the work of others. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If you believe that your work has been copied and accessible on this Site in a way that constitutes copyright infringement, please contact us with the full details of your claim and we will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. The Site will terminate without notice participants who are "repeat infringers" of copyrights.

18. You agree that the laws of the State of Illinois USA and US federal law govern these Terms of Use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the state of Illinois USA in the city of Chicago, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You hereby expressly waive the right to trial by jury in any matter which arises under these Terms of Use. Unless otherwise provided by local law without the possibility of contractual waiver or limitation, any legal or other action related to a breach of these Terms of Use must be commenced no later than two (2) years from the date on which the cause of action arose.

19. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Use (and the documents referred to in these Terms of Use) constitute the entire agreement between you and us with respect to your use of the Site and supersede all previous written or oral agreements.

20. Communications on this platform do not create a binding obligation among the participants on this site, and do not constitute an offer, agreement, conditional or otherwise, agreement in principle, agreement to agree, or commitment to enter into any transaction. Any such commitment to enter into a transaction would be reflected in a written agreement signed by the relevant parties thereto. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

21. You agree not to use the Site to send the same or substantially similar unsolicited electronic email messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by SNtial Technologies in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.