E&I Marketplace Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

E&I Cooperative Services, Inc. (“E&I”, “we,” or “us”), require that all visitors and users (“You”) to the Marketplace (“Marketplace” or “Site”) adhere to the following terms and conditions of use (“Terms”) as a condition of accessing, making purchases through, or otherwise utilizing the Marketplace. By accessing and using the Site, You agree, including on behalf of any school, college, university, corporation, or other legal entity that You represent or for which You access the Site (your “Organization”), that You have read, understand, intend to be bound by, and will comply, and will cause the Organization’s employees to comply, with the following Terms, and to comply with all applicable laws and regulations related to use of the Site. If You do not agree to these Terms, You and your Organization are not authorized to use the Site. You represent that by agreeing to these Terms on behalf of your Organization, You have the requisite authority to bind your Organization.

THE MARKETPLACE

You understand and agree that E&I has engaged a third-party vendor (“Third-Party Vendor”), who is responsible for maintaining the functionality of the Site and for facilitating buying and selling between your Organization and suppliers on the Marketplace. E&I is not, and shall not be considered, a supplier or merchant for any purpose. E&I’s obligations with respect to the products and services available through the Marketplace are governed solely by the E&I master agreements with each respective supplier under which they are provided. Nothing on the Site should be construed to modify or otherwise alter such agreements.

PRICING

You understand and agree that the pricing contained in the Marketplace is national or Marketplace-specific pricing based on the E&I master agreement with each supplier and does not reflect any Organization-specific pricing that was, or in the future may be, agreed upon between your Organization and any supplier. In addition, You understand and agree that purchases made with Marketplace suppliers may not be eligible for any rebates otherwise offered by the supplier, even if such rebate is included as part of the E&I master agreement with supplier.

You further understand and agree that the suppliers, not E&I, are responsible for updating and maintaining accurate catalogs, including pricing and other information, related to their products and services available through the Marketplace, and that E&I does not use, process, store, or transmit any p-card or other financial information or data, which information and data are handled by the Third-Party Vendor.

E&I is not responsible for: (1) any errors or inaccuracies in the catalog, pricing, or other information related to the products and services, or (2) the protection and security of any financial information and/or data, including as related to use of a p-card.

CHANGES TO THE SITE & ACCURACY OF INFORMATION; DISCLAIMER OF WARRANTIES

All information on the Site is subject to change without notice. While E&I makes reasonable efforts to ensure that the Marketplace is accurate and up-to-date and that the Site is fully functional, E&I does not represent or warrant, and expressly disclaims any representation or warranty related to, (1) the accuracy of information, including pricing, obtained from, or accessed through, the Marketplace, (2) any product or service available or purchased on the Marketplace; (3) that the Site and its functionality, in whole or in part, will be uninterrupted or error-free, and (4) that the Site or the server are free of viruses or other harmful code or components.

ACCESS AND USE; CONFIDENTIALITY OF INFORMATION; COMPLIANCE WITH LAWS

You may access and use this Site only for your Organization’s own internal use for business purposes and not for personal use. Any other access to or use of the Site or the content contained on the Site constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the content or any access to or use of the Site or the content.

All pricing and contract terms are strictly confidential, and You are not authorized to disclose such information to any third party, including without limitation to any competitor of E&I, competing Suppliers, or for use in negotiations with any other competitor of E&I or competing Suppliers, except, and only to the extent, as required by law. Any unauthorized review, use, disclosure, or distribution is prohibited.

You represent and agree that all information that You provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. You and your Organization are responsible for complying with all applicable laws, regulations, rules, and policies of all relevant jurisdictions, including as related to online conduct, purchasing, and your Organization’s applicable policies and procedures.

TERMINATION OF ACCESS

E&I reserves the right, in its sole discretion, to terminate your Organization’s access to all or part of the Site, without notice and for any reason, including for violation of any of these Terms. Following any such termination of access, You and your Organization will continue to be bound by the Terms to the fullest extent permitted under applicable law, including without limitation, those related to the confidentiality of the information contained on the Site, which obligation shall extend for a period of two years post-termination of access. Upon being notified that your access is terminated, You and your Organization must destroy any materials containing confidential information obtained from the Site. 

HYPERLINKS TO EXTERNAL CONTENT

The Site may include hyperlinks to other websites, including supplier websites, which are not maintained or monitored by E&I. We are not responsible for the content of such external websites, and we make no representations or warranties whatsoever concerning the privacy, safety, content, or accuracy of, opinions expressed in, or other links provided by, such websites. The terms of service and privacy policies applicable to external websites may be different from those applicable to the Marketplace. If You or your Organization decide(s) to access any external website through a link within our Site, it is entirely at your/your Organization’s own risk.

WAIVER & RELEASE FROM LIABILITY

In consideration for use of the Marketplace, You and your Organization expressly release E&I, including its officers, employees, and agents, from any and all liability, claims, losses, and damages, and waive all associated claims that may be made by You or your Organization, that may arise or result from: (1) You and/or Your Organization’s use of, and any termination of access to, the Marketplace; (2) Any error or inaccuracy in a supplier catalog, including as related to pricing or other information; (3) Any failure by the Third-Party Vendor to properly protect, secure, or otherwise safeguard any of your and/or your Organization’s financial information and/or data; and (4) Your and/or your Organization’s use of external websites or accessing the content thereunder.

USE OF E&I AND SUPPLIER TRADEMARKS

You may not use any E&I or supplier trademarks, service marks, or other copyrighted or licensed material without the express written permission of E&I or supplier, whichever is applicable.

EXPORT REGULATION

To the extent the services or products offered through the Marketplace may be subject to export and/or reexport control laws and regulations of the United States or other jurisdictions, You, and on behalf of your Organization, represent that You will comply with all such laws, and that neither You nor anyone in your Organization will access or use the Marketplace in a U.S. embargoed country or in violation of any U.S. export or reexport control law or regulation.

QUESTIONS

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