Terms of Service Agreement

TERMS OF SERVICE 

Please read the content of this Terms of Service Agreement (TOSA) before accessing or using this Website. Use of this website constitutes your acceptance of the terms below.  The website is owned and operated by the Council for Supplier Diversity. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including without limitation, Council for Supplier Diversity Privacy Policy and procedures that may be published from time to time on this Site by Council for Supplier Diversity, Inc. (“collectively, the “Agreement”). 

 If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services or information outlined within it and you must immediately stop using the Website.

The materials contained within this website are for general information purposes only and shall not under any circumstances constitute legal or financial advice nor an agreement for any services. It is the goal of this website to provide accurate information, but since concepts, systems and processes change frequently and may become out of date, the operators of this website cannot guarantee that the information provided herein is accurate or appropriate for an individual’s specific situation. Any visitors to this website should therefore confirm independently with their own research matters that they have questions or concerns about. External websites linked to this website are subject to their own terms of use. Links to websites outside of this website do not imply endorsement by the Council for Supplier Diversity or the company’s employees, agents or representatives. 

Under no circumstances does use of this website establish or create, directly or indirectly a contractual relationship between you and the owner of this website. Council for Supplier Diversity is under no obligation to respond to your messages, and if such response is given, that alone does not create a contract or obligation of any sort between you and the owner of this website. Because of the inherent properties of internet transmissions, the owner(s) of this website cannot guarantee the confidentiality of electronic (e-mail or otherwise) submissions. Please do not send confidential information via electronic submission.

PRIVACY POLICY – Data and certain other information about you is subject to our Privacy Policy. You agree that you have read and understand the Company’s Privacy Policy.  

MEMORANDUM OF UNDERSTANDING AND AGREEMENT RE SUBMISSION OF SUPPLIER REGISTRATION INFORMATION:

The Council for Supplier Diversity provides the ability of diverse business owners (women, ethnic minorities, veterans and disabled business persons) to become registered suppliers and entitled to partake in the Council programs, contract opportunities, educational programs, and other beneficial services and products that may be offered to registered suppliers from time to time. 

Registration as a diverse supplier is limited to suppliers that meet the following criteria.

  • Business is 51 percent (51%) owned and operated by women, ethnic minorities, veterans or disabled person.
  • Businesses that do not meet the above criteria may not register as supplier with the Council.
  • Business must pay the supplier registration fee that is in effect at the time of registration. 
  • Businesses that register as a supplier and are subsequently determined to not meet the above criteria will be removed from the registered supplier roster. In such event, any registration fees may be subject to forfeiture at the discretion of Council management.

CHANGES TO THIS AGREEMENT:

Council for Supplier Diversity reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this agreement constitutes acceptance of those changes. The company may also, in the future, offer new services and/or features through the website (including, the release of new products, tools and resources). Such new features, products and/or services shall be subject to the terms and conditions of this Agreement.

DISCLAIMER – You agree to all terms and conditions of the firm’s Disclaimer.

INTELLECTUAL PROPERTY –  All of the Intellectual Property, including without limitation, all content, text, graphics, video and sounds on the Council for Supplier Diversity website, and all computer codes associated therewith, are the valuable proprietary property of the Firm, its licensors and contributors, and are subject to copyright, trademark and other intellectual property protection. You acknowledge and agree that Council for Supplier Diversity has expended substantial time and effort to create the Council for Supplier Diversity website, and the content and services provided through this website, and that Council for Supplier Diversity exclusively owns or has been licensed by third parties to use and sublicense all rights, title and interest therein and all associated information, data, databases, images and other material.

RESPONSIBILITY OF CONTRIBUTORS – If you operate a blog, comment on a blog, post material to the Website, post links, to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • The Content is not spam, is not machine – or randomly – generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • The Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • Your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
  • Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other your own; and
  • You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Council for Supplier Diversity or otherwise.

By submitting content to Council for Supplier Diversity for inclusion on its website, you grant a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing and promoting your blog, linking back to your blog, or commenting on or promoting Content within the Council for Supplier Diversity blog.

RESPONSIBILITY OF WEBSITE VISITORS:

This website may contain links within its content or other devices to other websites, and may not necessarily have reviewed all the content on such site, and cannot review all of the materials on the various websites that might link to or refer traffic to the firm’s website and cannot therefore be responsible for that outside website or the entirety of the content therein. Council for Supplier Diversity does not represent or imply that any such information on outside websites are endorsed by company or the material posted therein, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan houses, and other harmful or destructive content. Outside websites may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Such outside websites may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, state or unstated. Firm disclaims any responsibility for any harm resulting from use by visitors to outside websites as described herein, or from any downloading by those visitors of content posted on such websites.

LIMITATION OF LIABILITY – In no event will Council for Supplier Diversity, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the money paid by you to Council for Supplier Diversity for any product purchased from the website under this agreement during the twelve (12) month period prior to the cause of action. 

ASSIGNMENT – Your rights and obligation under this agreement are personal to you and may not be assigned to any other party.

FORCE MAJEURE – Council for Supplier Diversity will not, nor will any person or entity that is part of the company, be deemed to be in breach of this agreement for any failure or delay in performance caused by reasons beyond its reasonable control, including any natural calamity, act of God or public enemy, act of any military, civil or regulatory authority, change in any law or regulation, disruption or outage of communications, power or other failure to perform by any supplier or third party, or any other cause beyond the reasonable control of Council for Supplier Diversity or any person or entity that is part of the company.

WAIVER – Council for Supplier Diversity will not, nor will any entity or person that is part of the company, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches. 

SEVERABILITY – If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of his Agreement will remain in full force and effect.

COMPLETE UNDERSTANDING – This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.

JURISDICTION – This Agreement between you and the Firm will be governed by the laws of the State of California, without regard to its rules of conflict of laws. The state and federal courts located in San Diego County, California, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement or the Council for Supplier Diversity website. Each party consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non convenience with respect to such courts. 

Council for Supplier Diversity
Shane R Cummiskey, Marketing Director
Copyrights ©2018