Acceptance of these Tems of Use includes our free-to-use consumer website (https://GovernmentProcurement.Asia).
This agreement is between you and Surf Pacific LLC (Media Department). Written in these terms, “Surf Pacific LLC (Media Department)” may also be referred to as “we”, “us” or “our”. This document sets forth the legally binding terms for your access and use of https://GovernmentProcurement.Asia. Surf Pacific LLC (Media Department) provides access to this website, and any text, graphics, photos, or other materials downloaded from or appearing on the site (such materials, “ Content”).
Certain features may be subject to additional guidelines, terms or rules, which will be posted in connection with such features. All such additional terms, guidelines and rules are incorporated by reference into this Agreement.
IF YOU DISAGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THE website.
Electronic Communications: By accessing https://GovernmentProcurement.Asia, you consent to have this Agreement provided to you in electronic form and that all agreements, disclosures, and other communications that we may provide to you in electronic form satisfy any legal requirements that our communications with you be in writing. You acknowledge that when you provide us with your contact information, including an email address or telephone number (“Contact Information”), sharing this information with us constitutes a “purchase” or “inquiry” that establishes a business relationship between you and us.
You expressly agree that we may communicate with you about our website, using any or all contact information you provide to us. You also represent and warrant that you have the legal authority over any telephone number you provide to us. We may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text message, or any other means of communication that your telecommunications device may be capable of receiving. You may elect to opt out of receiving marketing emails at any time by following the instructions provided by clicking the link in the email. Please allow up to ten business days for our systems to reflect your marketing communication preferences.
1. GENERAL POLICIES
(a) Eligibility to Use the website
In order to use https://GovernmentProcurement.Asia, you must be 18 years of age or older and have the legal capacity to enter into this Agreement. In addition, you must not be barred from receiving website under United States law or the laws of any other jurisdiction. https://GovernmentProcurement.Asia are not for use by anyone under the age of eighteen years. If you are using https://GovernmentProcurement.Asia on behalf of your employer, you represent and warrant that you are authorized by them to accept these Terms, and that you will be using https://GovernmentProcurement.Asia for internal business use only. We reserve the right to suspend, terminate or deny your access to the website for any (or no) reason, with or without notice and without further obligation.
(b) Accounts and Security
Account Creation. In order to access and use certain services on https://GovernmentProcurement.Asia, you will be asked to register and create a user account (an “Account”). As part of the Account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked “required” (such credentials, the “Registration Data”). You agree:
- That the Registration Data you provide will be true, accurate, current and complete at the time you provide it;
- To maintain and update such Registration Data to keep it true, accurate, current and complete; and
- That Surf Pacific LLC (Media Department) may contact you and require you to confirm some or all of your Registration Data before using or continuing to use of our website. We reserve the right to terminate the limited licenses granted to you and to refuse to provide you with any and all current or future use of the website if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or appears to be, untrue, inaccurate, not current or incomplete.
Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You agree that you will not share your username and password, or transfer, sub-license, sell or assign your rights in your Account to any other person or entity. You may not open multiple Accounts for the same service, and we will close Accounts associated with the same credit or debit card. You must immediately notify Surf Pacific LLC (Media Department) of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing Support@GovenmentProcurement.Asia. We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for immediate suspension or termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. Surf Pacific LLC (Media Department) has no obligation to retain any data associated with your Account if it is terminated.
Audit. Surf Pacific LLC (Media Department) reserves the right to audit your use of the website and Content. You agree to cooperate and to provide us all documentation reasonably requested related to the use of your account.
2. General Terms and Conditions for Advertising Online
(a) Cancelling and Modifying Orders.
If the Advertiser wholly or partly cancels the Online Advertising Order within 30 days of Surf Pacific LLC (Media Department) being scheduled to undertake the work to which the cancellation relates, the Advertiser must still pay Surf Pacific LLC (Media Department) all amounts due, including any Charges (defined below). The Advertiser may not modify the Online Advertising Order without the prior written approval of Surf Pacific LLC (Media Department).
Surf Pacific advertising rates are subject to change at their sole discretion.
(c) Terms of Payment.
The Advertiser must pay all amounts payable to Surf Pacific LLC (Media Department) in respect of the Online Advertising Order (“Charges”) in full and in the manner set out in these General Terms and the Online Advertising Order. This is an essential term of this Agreement and the time for payment of Charges and the amount of Charges payable pursuant to this Clause is of the essence. If the Advertiser operates on credit terms, it must pay all Charges within 14 days of receiving a valid tax invoice. If the Advertiser does not operate on credit terms, it must pay all Charges in full within the timeframes advised by Surf Pacific LLC (Media Department).
(d) Advertiser Obligations.
The Advertiser must not assign or transfer any advertising space or any of its rights in this Agreement without the prior express written consent of Surf Pacific LLC (Media Department).
(e) Submission of Advertiser Material.
The Advertiser must submit to Surf Pacific LLC (Media Department) all Advertiser Material for each Advertisement/Campaign no less than seven (7) days prior to the date the relevant Advertisement/Campaign is scheduled to commence. All Advertiser Material must be in the manner and format required by Surf Pacific LLC (Media Department). If the Advertiser does not comply with the above, Surf Pacific LLC (Media Department) may refuse to post the relevant Advertisement / Campaign without any liability to the Advertiser, the Advertiser will be required to pay any applicable Charges.
(f) Links to Websites.
The Advertiser warrants that any website link included in any Advertisement will at all times comply with applicable Laws, Industry Codes and the requirements of relevant Regulators and is suitable in all respects to be linked to and from https://GovernmentProcurement.Asia. Surf Pacific LLC (Media Department) may remove any link which fails to comply with the any requirement above at any time.
(g) Right to Reject Online Advertising Order.
Surf Pacific LLC (Media Department) may wholly or partly reject/cancel the Online Advertising Order at any time in its sole discretion. If we do not publish an Advertisement/Campaign, it will be deemed to be a rejection of the Online Advertising Order and does not constitute a breach of this Agreement or otherwise entitle the Advertiser to any legal remedy.
(h) Compliance with Notifications.
If Surf Pacific LLC (Media Department) receives a Notification in respect of an Advertisement/Campaign which requires us to respond or take action, we may, without notice or liability to the Advertiser, take any necessary steps to do so.
(i) Positioning and Style.
Unless otherwise stated in the Online Advertising Order, Surf Pacific LLC (Media Department) will position Advertisements on https://GovernmentProcurement.Asia as it sees fit and we make no warranty or representation that any Advertisement/Campaign will be placed in any specific part of the website.
(j) Operation of the Website.
Surf Pacific makes no representations or warranties about the functionality or performance of the website (including “up time”), or that it will be fault or error free or that any errors or interruptions will be rectified within any particular time period.
Surf Pacific LLC (Media Department) may wholly or partly terminate the Online Advertising Order and this Agreement immediately upon written notice to the Advertiser if the Advertiser breaches any of its warranties or indemnities or if it fails to pay any Charges as required. The Advertiser must pay all amounts outstanding at the date of any termination or expiration of the Online Advertising Order and this Agreement. The Advertiser’s warranties and indemnities survive the termination/expiration of the Online Advertising Order and this Agreement.
(l) Advertiser Warranties.
The Advertiser warrants and represents that: it has full power and authority to enter into and fulfill the terms of this Agreement; it has duly executed the Online Advertising Order and the Online Advertising Order constitutes a legal and binding agreement between the Advertiser and Surf Pacific LLC (Media Department); our use of any Advertiser Material in accordance with this Agreement will not infringe any third party rights (including Intellectual Property Rights); and the Advertiser Material will not contain:
- Any subject matter that is: contrary to any Laws, Industry Codes, codes administered by the relevant Advertising Standards Bureau or the requirements of relevant Regulators; or indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, libellous, offensive or objectionable;
- Any viruses, trojans, or other malicious code;
- Any suggestion that any entity has the approval or sponsorship of any other entity which it does not have; or
- Any content that relates to financial matters or would require Surf Pacific to hold any financial services licence.
(m) Advertiser Indemnities.
The Advertiser indemnifies, and must defend and hold harmless, Surf Pacific LLC (Media Department) and its personnel, from and against all Losses arising from: any breaches of this Agreement or its warranties; any third party claim arising directly or indirectly from a breach by the Advertiser of any of its obligations under the Online Advertising Order and this Agreement; negligent, wilful or otherwise wrongful act or omission of the Advertiser or any of the Advertiser’s personnel; fraudulent or dishonest acts or omissions of any Advertiser personnel; any breach by the Advertiser of any applicable Laws or Industry Codes or the requirements or directions of relevant Regulators; any claim by any third party arising directly or indirectly as a result of Surf Pacific LLC (Media Department) fulfilling its obligations in accordance with the Online Advertising Order and this Agreement; the death of, or personal injury to, any person, to the extent caused by any act or omission of the Advertiser or any of its personnel; any damage to, or loss or destruction of, any real or tangible personal property, to the extent caused by any act or omission of the Advertiser or any of its personnel; or any breach by the Advertiser of its confidentiality obligations; or any claim or allegation that the Advertiser Material infringes a third party’s Intellectual Property Rights or constitutes an unlawful disclosure or misuse or misappropriation of another Party’s trade secret or confidential information.
(n) Sales Tax.
Unless Sales Tax is expressly included, the consideration expressed to be payable under this Online Advertising Order for any supply made under or in connection with this Online Advertising Order does not include Sales Tax.
Surf Pacific LLC (Media Department) disclaims any express or implied warranties in respect of the services it provides under this Agreement. In no event will Surf Pacific LLC (Media Department), its affiliates and related entities, servants, employees and agents, be liable to the Advertiser for any form of loss, damage, liability or expense whatsoever including but not limited to consequential, indirect, incidental, or special damages, damages for loss of profits, business interruption, loss of or unauthorised access to information, even if we have been advised of the possibility of such damages. Surf Pacific LLC (Media Department), its affiliates and related entities, servants, employees and agents, will not be liable to the Advertiser for any form of loss or damage arising from any act or omission of the Advertiser, a third party service provider or contractor to Surf Pacific LLC (Media Department) or any discrepancy, fault or malfunction of any Surf Pacific LLC (Media Department) or third party telecommunications system, software, system or computer server or any other technology based platform. In no event will we, our affiliates or related entities, its servants, employees and agents, be liable to the Advertiser for an amount in excess of the total dollar amount actually received by Surf Pacific LLC (Media Department) from the Advertiser in accordance with the Online Advertising Order and this Agreement. The Advertiser acknowledges that we have not made any warranties in respect of the success or otherwise of advertising upon https://GovernmentProcurement.Asia or any other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement. Surf Pacific LLC (Media Department) will use reasonable commercial endeavours to achieve the service and deliverables as set out in the Online Advertising Order.
3. LICENSE AND ACCESS TO THE website
(a) Limited License
Except for allowing you to access and use the website for your own personal use (or, with respect to the pay-to-use website, internal business use), when you use the website, you are not receiving a license or any other rights from Surf Pacific LLC (Media Department), including intellectual property or other proprietary rights of Surf Pacific LLC (Media Department). You understand that you have no rights to the website or Content or any other Surf Pacific LLC (Media Department) property except as indicated in these Terms and all rights and licenses not expressly granted to you in this Agreement are retained by Surf Pacific LLC (Media Department). To the extent any component of the website or Content may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms.
Surf Pacific LLC (Media Department) may revoke or terminate the license granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, we may revoke or terminate the license if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the website or Content, or (iii) use the website or the Content other than as specifically authorized in this Agreement, without our prior written permission.
(b) No Unauthorized Access
You may not do any of the following while accessing https://GovernmentProcurement.Asia:
- use any robot, spider, site search/retrieval application, or other automated device to download, retrieve, scrape, distribute or index any portion of the Content, or permit any third party to do the same;
- gain unauthorized access to any of our website, other accounts, computer systems or networks connected to any Surf Pacific LLC (Media Department) servers, through hacking, cracking, and/or distribution of counterfeit software, password mining or any other means;
- reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the website, https://GovernmentProcurement.Asia;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- falsify or alter any unique identifier assigned to you, or otherwise obscure or alter the source of queries to the Service;
- forge any TCP/IP packet header or any part of the header information in any email, or in any way use the website to send altered, deceptive, or false source-identifying information;
- engage in “framing,” “mirroring” or otherwise simulating the appearance or function of the website;
- make the functionality of https://GovernmentProcurement.Asia available to multiple users through any means including, but not limited to, deep-linking to one of our Web sites or uploading one of our apps to a network;
- interfere with, interrupt, destroy or limit the functionality of the website or any computer software or hardware or telecommunications equipment, including, without limitation, sending viruses, overloading, flooding or spamming
4. USING OUR website: REQUIREMENTS AND RESTRICTIONS
(a) Fair Credit Reporting Act
Surf Pacific LLC (Media Department) is not a Consumer Reporting Agency. Surf Pacific LLC (Media Department) is not a consumer reporting agency for purposes of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. (“FCRA”). None of the information in our databases has been collected, in whole or in part, for the purpose of furnishing “consumer reports,” as defined in the FCRA, and the additional protections afforded to consumers, and obligations placed on credit reporting agencies, are not contemplated by, nor contained within, these Terms.
(b) Marketing and Resale Restrictions
You may not use, or allow a third party to use, https://GovernmentProcurement.Asia or Content for any marketing purposes, including making telemarketing calls and transmitting unsolicited advertisements via paper mail, fax or email. You may not use, or allow a third party to use, the website to prepare any database (or compare one database to another) to append, verify or create a new database. Content may not be published, sold, or rented to any third party.
(c) Automated Searching
We do not allow scraping or automated collection of our Content. If we determine that you are using use automated means (e.g., robot or spider) to retrieve, distribute or index any portion of our Content, or more than one individual is using your Account at any one time, your Account may be turned off or your access otherwise blocked, without notification, for further investigation. If you feel your Account has been turned off or your access to the website has been blocked in error please contact our Customer Support team.
(d) General Restrictions
You also agree to adhere to the following:
- You will use the website only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations, including export control laws. Any unauthorized use is expressly prohibited.
- You are responsible for determining which laws apply based on your use of the Content. You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the website
- You will take reasonable steps to ensure that the information you receive from Paid Advertising is stored in a secure manner.
- You will not use the website or information derived from the website in combination with any purpose, or personal information, covered under the Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act, or the Children’s Online Privacy Protection Act.
- You will not use the website in a manner that may cause emotional or physical harm to anyone, or to stalk, threaten, defame, libel, or otherwise harass another person. You may not use the website for the furtherance of any criminal activity, including fraud and identity theft, or in the violation of any person’s privacy rights.
- You will not use the website to seek information about or locate any person under the age of 18.
- You will not use the website to obtain personal information pertaining to famous people, government officials, or election candidates.
- You will not falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity while using the website.
- You will not use the website to post, publish, or transmit any text, graphics or material that:
- is false or misleading;
- is obscene, pornographic, or offensive;
- promotes bigotry, racism, or hatred against any individual or group;
- infringes another’s rights, including intellectual property rights; or
- violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability.
- You will not use the website to send any commercial email or SMS that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable federal or state law.
- You will not use the website to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual. • You will not use the website or Content in connection with credit repair or credit counseling website.
Surf Pacific LLC (Media Department) has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand.
5. LEGAL NOTICES ABOUT YOUR SEARCHES
(a) Public Records Disclaimer
Public Records for Informational Use. https://GovernmentProcurement.Asia may provide publicly available sources of information aggregated for your convenience. This Public Information may be made available to you through the website and is provided for informational purposes only.
No Verification of Content. Surf Pacific LLC (Media Department) does not verify Public Information or any other Content. While we are constantly updating and refining the website, we do not warrant or guarantee that the results provided will be accurate and up to date and, consequently, Surf Pacific LLC (Media Department) shall not be responsible or liable for the accuracy, completeness, usefulness, or legality of any Public Information or the availability or unavailability of the Content. Surf Pacific LLC (Media Department) does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any searches. Surf Pacific LLC (Media Department) also reserves the right to delete any information from its databases at any time.
You agree to rely on the Public Information, and any other Content, available through the website at your own risk.
6. INTELLECTUAL PROPERTY
Ownership of Content and Marks. https://GovernmentProcurement.Asia, and all material published on or accessible through https://GovernmentProcurement.Asia, including, but not limited to text, photographs, video, graphics, music, images, animations, audio, “applets” incorporated into the software data, sounds, messages, comments, ratings, and other materials that are part of the website, is owned by Surf Pacific LLC (Media Department) or its licensors, and is protected by copyright, trademark, and other laws of both the United States and other countries.
All trademarks, service marks, trade names, and trade dress contained in the website (“Marks”), are proprietary to Surf Pacific LLC (Media Department) and may not be used by you unless expressly authorized to do so. This prohibition includes, but is not limited to, unauthorized copying or distribution of any of the Content displayed or used on the website, framing Content, using Meta tags or “hidden text,” creating any unauthorized derivative work, or in any other way exploiting the Marks, the Content or the website. You agree you will not reproduce, publish, transmit, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, or the website, in whole or in part. You acknowledge that you do not acquire any ownership rights in any Content downloaded from the website. All right, title and interest in and to the Content and website is and will remain the exclusive property of Surf Pacific LLC (Media Department) and its licensors. Any feedback, comments, or suggestions you may provide regarding Surf Pacific LLC (Media Department) or the website, including correspondence (collectively, “Feedback”), is entirely voluntary. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.
We may use third-party trademarks in the website to identify the owners of these marks. Use of any third-party trademark is intended only to identify the trademark owner and its goods and website, and is not intended to imply any association between the trademark owner and Surf Pacific LLC (Media Department).
No Other License Granted. Except for allowing you to use the website and Content for your personal use or internal business purposes as set forth in above, when you use the website, you are not receiving a license or any other rights from Surf Pacific LLC (Media Department), including intellectual property or other proprietary rights of Surf Pacific LLC (Media Department). You understand that you have no rights to the website or any other Surf Pacific LLC (Media Department) property except as described in these Terms.
Content You Provide or Transmit. In the course of using the website, you may transmit or otherwise make available certain content to us, including information about yourself. You grant us a world-wide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, create derivative works in, store and archive such content. You understand and agree that Surf Pacific LLC (Media Department) retains the right to reformat, excerpt or translate any content provided or transmitted by you. You also agree that we may collect and use technical information such as your IP address, device ID, and other information including, but not limited to, technical data about your mobile device and system software and peripherals, for product improvement, customer support, and to provide other services to you related to https://GovernmentProcurement.Asia. We have no obligation to monitor content you provide and submit through the website, but we do reserve the right to monitor and review such content, for the purpose of operating the website, to ensure your compliance with this Agreement, or to comply with applicable law or the requirement of a court, administrative agency or other governmental body.
7. THIRD PARTIES
(a) Third Party Links
Surf Pacific LLC (Media Department) may, as a convenience to you, make links to third-party Web sites or resources available on or through the website. Surf Pacific LLC (Media Department) is not responsible in any way for, and does not make any representation, warranty, guarantee or endorsement regarding any third party websites and resources which may be accessed through us. In addition, Surf Pacific LLC (Media Department) does not endorse or adopt, and is not directly or indirectly responsible or liable for:
- any content, advertising, goods or website, or other materials available on or from such websites or resources; or
- any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, website or other materials on or available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any third party Web sites or resources.
8. OPT-OUT POLICY
Upon request, we will suppress an individual’s information records from being shown through the website. To suppress your contact information, you need to be either the person associated with the applicable name, address, or phone number, or be legally authorized to act on behalf of that person. We endeavor to make changes within 72 hours of receipt of your opt-out request.
You understand that an opt-out request will only suppress contact information available directly through the website, and cannot remove information from third-parties, such as court records, voter registration lists, and property records. We do not warrant that a request for removal of or change to contact information will result in removal of or change to all of your information from the website. Further, we are not responsible for informing any third party of any changes you may request pursuant to this policy, and we cannot remove or cause to be removed information from the databases or records of any third party.
9. SPECIAL PROVISIONS
(a) Special Provisions Applicable to Users Outside the United States
The following provisions apply to users who interact with Surf Pacific LLC (Media Department) outside the United States, its territories and possessions:
- You understand and agree that we may transfer, process and store your personal data outside of the country in which you live.
- You will not use the website if you are prohibited from receiving products, services, or software originating from the United States.
Surf Pacific LLC (Media Department) makes no representation that the website is available for use in any particular location. To the extent you choose to access and/or use the website, you are responsible for compliance with any applicable laws including, but not limited to, applicable local laws.
10. DISCLAIMERS; LIMITATIONS OF LIABILITY; INDEMNIFICATION
(a) Disclaimer of Warranty
YOU USE THE WEBSITE AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR (A) ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THE WEBSITE, AND (B) FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE WEBSITE OR THE CONTENT. TO THE EXTENT PERMITTED APPLICABLE LAW, SURF PACIFIC LLC (MEDIA DEPARTMENT) PROVIDES THE WEBSITE AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SURF PACIFIC LLC (MEDIA DEPARTMENT) AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF SURF PACIFIC LLC (MEDIA DEPARTMENT) IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE.
WITHOUT LIMITING THE FOREGOING, NEITHER SURF PACIFIC LLC (MEDIA DEPARTMENT) NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE “PROVIDERS”), REPRESENT OR WARRANT:
- THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, TRUTHFUL, COMPLETE, RELIABLE, OR ERROR FREE;
- THAT THE WEBSITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE, OR SECURE;
- THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES;
- THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE;
- ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR
- THAT THE CONTENT IS NON-INFRINGING.
NO INFORMATION OR ADVICE PROVIDED THROUGH THE WEBSITE, BY THE COMPANY, OR BY THE COMPANY’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
Some states do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
(b) Limitation of Liability
IN NO EVENT SHALL Surf Pacific LLC (Media Department) OR ANY OF THE PROVIDERS BE LIABLE, WHETHER UNDER ANY IMPLIED INDEMNITIES OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- USE OF THE WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE WEBSITE OR CONTENT, WHETHER PROVIDED BY SURF PACIFIC LLC (MEDIA DEPARTMENT) OR BY THIRD PARTIES;
- ANY USE OR INABILITY TO USE OR ACCESS THE WEBSITE FOR ANY REASON,
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR SEARCHES, CONTENT, OR ACCOUNT,
- ANY CONTENT PROVIDED BY OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES; OR
- ANY CONTENT OR WEBSITE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE WEBSITE, EVEN IF SURF PACIFIC LLC (MEDIA DEPARTMENT) AND/OR THE PROVIDERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
You agree to hold harmless, defend, and indemnify Surf Pacific LLC (Media Department) and the Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from, or otherwise relate to your use or misuse of the website or the Content including, without limitation, any actual or threatened suit, demand or claim made against Surf Pacific LLC (Media Department) or any Provider that arises out of or relates to:
- any intellectual property rights or other proprietary rights of any third party, and
- your breach of this Agreement. Surf Pacific LLC (Media Department) may assume exclusive control of any defense of any matter subject to indemnification by you (which shall not excuse your obligation to indemnify Surf Pacific LLC (Media Department)), and you agree to cooperate with Surf Pacific LLC (Media Department) in such event.
You shall not settle any dispute subject to your indemnification under this Agreement without prior written consent from Surf Pacific LLC (Media Department).
11. GENERAL TERMS
Controlling Law. These Terms will be governed by the laws of the State of Nevada without regard to or application of its conflict of law provisions or your state or country of residence.
Severability and Waiver.
- Waiver. Surf Pacific LLC (Media Department)’s failure to enforce a provision of this Agreement is not a waiver of its right to do so later or to enforce any other provision.
- Assignment. You may not assign any of your rights or obligations under this Agreement, and any such attempt will be void. Surf Pacific LLC (Media Department) may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the website.
Changes to https://GovenmentProcurement.Asia. We reserve the right, at any time and in our sole discretion, to amend, modify, suspend, or terminate the website, the Content, and any part thereof, without notice to you. Surf Pacific LLC (Media Department) shall have no liability to you or any other person or entity for any modification, suspension, termination, or loss of information.
Termination. These Terms will remain in full force and effect while you use the website. If you wish to terminate this Agreement or your Account, you may simply discontinue using the website. Surf Pacific LLC (Media Department) may terminate your access to all or any part of the website or Content at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, payment obligations, warranty disclaimers, release of claims, indemnity, and limitations of liability.
No Third Party Beneficiaries. Except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Headings. The headings of the sections contained in these Terms are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of the Terms.
Dispute Resolution: Agreement to Arbitrate. Please read the following sections carefully, as they affect your rights.
ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND SURF PACIFIC LLC (MEDIA DEPARTMENT) RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE WEBSITE OR CONTENT, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. THE ARBITRATOR WILL DECIDE ALL THRESHOLD QUESTIONS, INCLUDING BUT NOT LIMITED TO, ISSUES RELATING TO THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THIS SECTION AND WHETHER EITHER PARTY LACKS STANDING TO ASSERT THEIR CLAIM(S).
NOT WITHSTANDING THE FOREGOING, YOU AND SURF PACIFIC LLC (MEDIA DEPARTMENT) AGREE THAT EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO:
- ENJOIN INFRINGEMENT OR OTHER MISUSE OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS (INCLUDING, WITHOUT LIMITATION, VIOLATION OF ANY DATA USE RESTRICTIONS CONTAINED IN THIS AGREEMENT OR OTHER MISUSE OF THE CONTENT), OR
- ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER PARTY’S WEBSITES OR SERVICES.
If you have a Dispute with Surf Pacific LLC (Media Department), you must send written notice describing the Dispute to Surf Pacific LLC (Media Department) to allow us an opportunity to resolve the Dispute informally through negotiation.
You must send your notice to the following address: Surf Pacific LLC (Media Department), Suite 714, 5348 Vegas Drive, Las Vegas, Nevada, 89108. If we have a Dispute with you, we will send written notice (e-mail or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 45 days after notice of a Dispute has been provided. If the Dispute is not resolved within 45 days from receipt of notice of the Dispute, you or Surf Pacific LLC (Media Department) may proceed to have the Dispute resolved through arbitration as each party’s exclusive Dispute resolution process.
YOU AND SURF PACIFIC LLC (MEDIA DEPARTMENT) EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND SURF PACIFIC LLC (MEDIA DEPARTMENT) EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, THE STATE LAW OF NEVADA.
If any clause within this Section is determined to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full effect. If the arbitrator determines this Section is unenforceable, invalid, or has been revoked as to any claim(s), then the Dispute as to such claim(s) will be decided by the courts in the state of Nevada and the parties irrevocably submit to the exclusive jurisdiction of such courts. If the class action waiver clause is determined to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by the courts of the state of Nevada and the parties irrevocably submit to the exclusive jurisdiction of such courts.
The Federal Arbitration Act, applicable federal law, and the laws of the state of Nevada, without regard to principles of conflict of laws, will govern this Agreement and any Dispute that might arise between Surf Pacific LLC (Media Department) and you.