TERMS OF USE



General

Welcome to the website at www.USAPartner.net (the “Site”) which is owned by USA Partner Network, LLC (“USAPnet”). Please review these Terms of Use (“Terms”) carefully because using the Site, either the public portions of the Site or the member only portions protected by passwords, means that you agree to be bound by these Terms and to our Privacy Policy (below). USAPnet reserves the right to modify the Terms at any time, in which case the revised Terms of Use will appear on the Site and your continued use of the Site after USAPnet posts any such changes will constitute your acceptance of the Terms of Use, as modified. USAPnet grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use.



Passwords and Account Security

Once you have become a member of USAPnet you will be given certain account numbers and passwords. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Site and use the services offered by USAPnet to its members (the “Services”).

Accordingly, you agree that you will be solely responsible for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify USAPnet immediately at info@usaparner.net. By becoming a member, you agree that you will (i) provide true, complete, accurate and current data, a required in the registration process (and update such data as needed); (ii) not select or use a member name, e-mail address, or password of another person with the intent to impersonate that person; (iii) not allow another person or entity not a member to use your account or passwords to obtain benefits available to you only as a member of USAPnet. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

USAPnet reserves the right to suspend, or to refuse any further, access or use of the Site if USAPnet learns or reasonably suspects that your registration information is false or inaccurate, if you use your membership in a manner that is fraudulent or unlawful or violates our agreements with suppliers, or if you misuse or permit another to use your login ID or password who is not authorized to do so or for any other breach of security. You acknowledge and agree that you are responsible for maintaining the confidentiality of the password and that you (and not USAPNET) are liable for any harm that may result from your disclosing (or allowing the disclosure of) your password or other breach of these Terms.



Membership and Payment

By activating your membership with USAPnet, you authorize USAPnet to charge a membership fee, as appropriate, to your designated billing payment method. Prices and services are subject to change without notice. If you have any questions or concerns regarding your membership or billing, please contact us at www.usapartner.net, “Contact Us” tab. You may cancel your membership in writing by logging into our website at www.usapartner.net with your member account and notifying USAPnet on the “Contact Us” tab. If you choose to cancel your membership within 30 days of joining we will refund your membership fee.

USAPnet makes every effort to assure that promotional offers by our business partners of special pricing, programs and discounts highlighted on the Site will be made available to you for the 12 month period of your membership but cannot guarantee that all offers will continue for 12 months. In the case of a termination of a specific offer, USAPnet will offer another similar offer in its stead. If you are responding to a promotional offer from a business partner that contains different terms than those contained on the Site, the terms of the promotional offer will be controlling.



Business Partners and Linked Sites

Certain sections of the Site may provide links to sites of certain business partners of USAPnet, where you may be able to purchase products and services that are provided by these third parties. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of any product or service offered or provided by a third party. If you make a purchase from a partner on a site linked to by the Site, the information obtained during your visit to that partner’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the partner. A partner that offers or sells products or services through the Site may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. For more information about a partner, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that partner’s Web site and click on its information links or contact the partner directly. You agree that neither we nor our affiliates are responsible for any damages that you incur, and you will not assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.



Liability Disclaimer

The Site may provide links to Web sites maintained by third parties. Any information, products, software, or services provided on or through third-party sites are controlled by the operators of such sites and not by us or our affiliated companies. When you access these third-party sites, you do so at your own risk.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL USAPnet AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK.

WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF USAPnet (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE.YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.



Intellectual Property

All content included on this Website is and shall continue to be the property of USAPnet or its content suppliers, affiliates, advertisers or licensors and is protected under applicable copyright, patent, trademark, or other proprietary laws, treaties or rights. USA Partner Network, The Power of Group Purchasing and all related logos and proprietary marks displayed on the Site are trademarks of USAPnet. The trademarks may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages GPS. Any copying, redistribution, displaying, selling, licensing, use or publication by you of any such content or any part of the Website is prohibited, except as expressly authorized by GPS in writing or elsewhere in these Terms. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. The names of actual companies and products mentioned herein are the trademarks of their respective owners. Any rights not expressly granted herein are reserved.



General Legal Terms

USAPnet reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia, and you hereby consent to the exclusive jurisdiction and venue of courts in the Commonwealth of Virginia in all disputes arising out of or relating to the use of the Site. USAPnet performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of USAPnet right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by USAPnet with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and USAPnet with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and USAPnet with respect to the Site. It is the express wish of the parties that this agreement and all related documents be drawn up in English, and the English language meaning of the terms will govern your relationship with USAPnet.

You agree that if USAPnet does not exercise or enforce any legal right or remedy which is contained in the Terms (or which USAPnet has the benefit of under any applicable law), this will not be taken to be a formal waiver of USAPnet's rights and that those rights or remedies will still be available to USAPnet.


PRIVACY POLICY

USA Partner Network Understands Privacy Is Important To Our Members

We are committed to protecting your privacy and want to make sure that you understand how your membership information is used.



What Information We Collect

When you apply for membership, we ask for basic information such as your name, your company’s name, contact information and type of business you are in. We keep track of your participation in our member services so we can understand our members' interests and evaluate the effectiveness of our offerings. We also collect generic demographic information from other sources to help us better serve our members and to improve our programs, activities and resources. We also collect information online in additional ways that are described below.



Use of Information

Our primary purpose in collecting electronic information is to provide you with access to the products and services you request, and to evaluate and improve other services that we offer. We ask for information so that we can process your membership application and provide you with special offers for USA Partner Network members. We may use this information to service your membership account, send you publications, and answer any questions you may have about our membership offerings. On occasion, we will also use your membership information to send you notices in the mail or by email about special member benefits, discounts and offers. Some USA Partner Network partners may also send you promotional mail or emails, or contact you by phone to determine if you are interested in their products and services.



Information Sharing

We share your personal information with companies we have partnered with to provide our members various products and services or support our operations. Some of these providers of products and services, including many of those listed on the USAPartner.net website, may pay a fee for access to our membership list. Our contracts with these companies require them to keep the member information confidential, and allow them to use the information only to offer the contracted products or services to our members. Some of our service providers may also collect data about our members through their interactions with our members. The providers may share some or all of this data with us so that we may offer more effective and personalized service to our members.

We also have relationships with certain companies that we have selected and approved to offer our member benefit products and services on linked sites. On some of these sites, you may be asked to enter personal information in order to take advantage of their services or programs. If you decide to purchase products or services on one or more of these linked websites, you may be asked for your name, member number, company name and address, email address and credit card information to enable the provider to contact you about your purchase transaction. The contracted member benefit providers of these linked sites may have their own privacy policies that apply to the information you have given them and you should review these policies. Other USA Partner Network affiliates may also have access to member information that we have acquired. We may occasionally release personal member information when release is appropriate to comply with law, to enforce the Terms of Service applicable to our website, or to protect the rights, property or safety of visitors to our site, our members, the public or our partners.

In order to protect your personal information, we use technologies and processes such as encryption, access control procedures, network firewalls, physical security and other measures. Although we cannot guarantee the security of our database or our servers, these measures are designed to increase the security and privacy of information traveling to, from and within USAPartner.net. Only our authorized employees or agents carrying out permitted business functions are allowed to access personal information. Employees who violate our privacy access policies may be subject to disciplinary actions, including termination when appropriate.

In order to interact with our website as a member, we require you to use a password to protect your account from unauthorized access by others. If you do allow others to access USA Partner Network members-only services through your personal password or to use your membership account number, please understand that you are responsible for the actions of those individuals.

This privacy policy describes the types of information we currently collect, and the ways we use and protect that information. From time to time, we may collect different types of information and use that information in different ways undefined for example, when we add features or services. In these cases, we may edit this policy to explain the new practices.



Cookies

We may also collect other types of information that do not allow us to identify your name, email address or other personal characteristics. This "non-personal information" includes the number assigned to your computer whenever you access the Internet ("IP address") and the type of browser you use. None of this non-personal information allows us to identify or contact you. We use this information to help us evaluate how our site is being used. We may also assign a "cookie" to your computer in some situations. Like an IP address, a "cookie" is a kind of online identification tag that allows us to recognize your computer each time you visit our site. We may also use Web beacons in conjunction with cookies to help us monitor the activity on our website. A Web beacon is an image file contained in an advertisement or other content that indicates when the ad or the content has loaded on to a user’s screen. We refer to cookies and Web beacons together here as “cookies.”

This privacy policy is effective April, 2013.