Welcome to the Coastal Physicians Purchasing Group (“CPPG”)
governs your use of
http://www.cppg.org and other online locations of CPPG (the “Site”). Through this
Agreement, CPPG grants you permission to use the Sites subject to the
terms of this Agreement. This Agreement forms a legally binding agreement
between you and CPPG that is effective as if you had signed it. If at
any time you do not agree to these terms, please do not access or use
the Sites or any content.
Acceptance of Agreement
You must agree to this Agreement before you access, browse or use the Sites.
Your use of the Sites is conditioned upon your acceptance of the terms
set forth in this Agreement. If you do not agree to the terms set forth
in this Agreement, you may not use the Sites.
By undertaking any of the following actions, you agree to be bound by the
terms of this Agreement:
- Using the Site;
- Once a member, registering to create an online account on a Site as described below; or
- Clicking that you accept or agree to these terms if presented with the
option to do so.
By agreeing to this Agreement, you acknowledge and agree that you have
read, understand and accept the terms described below and you agree to
be bound by these terms and all terms, policies and guidelines incorporated
in the Agreement by reference.
Your Use of The Site
The Site is directed to individuals residing in the United States. You
may use the Site for personal or non-commercial purposes only. Any commercial
use of the Sites or content, such as selling content, posting information
on another website or otherwise copying, publishing or distributing the
content for commercial use, is prohibited. You may not modify the Site,
or remove or obscure any acknowledgements, credits or notices on the Site.
Registration and Accounts
Some services offered on the Sites may require that you register to create
an account. You must provide complete and accurate information during
registration, including your first name, last name, date of birth, zip
code, social security number and email address, and update your information
should it change in the future.
You must maintain the confidentiality of your username and password. You
agree to immediately notify CPPG of any unauthorized use of your username
or password or any other breach of security. If a password is lost or
stolen, it is your responsibility to change the password, and immediately
notify CPPG. CPPG may assume that any use of your password is made and
authorized by you.
Links to Other Sites
The Site may contain links to other websites or online locations, and other
websites or online locations may provide links to the Sites. These links
are provided for your convenience only. CPPG does not control these other
websites or online locations and assumes no liability or responsibility
for them, including any content or services provided to you by them or
links from them. You should not consider any link to or from another website
or online location as an endorsement by CPPG unless CPPG expressly states
so. CPPG may take down or block links at any time in its sole discretion.
The Site may include features which allow users to submit content that
others can access, both within the Site and through social media, apps,
APIs and the like. You retain any rights you hold in content that you
submit. All content submitted to the Sites is the sole responsibility
of the user who submitted the content. CPPG may or may not screen, review,
monitor or respond to any content submitted to the Site by users, and
is not responsible for the accuracy or truthfulness of any user content.
However, CPPG reserves the right to edit, block, or remove any content
at any time. Use of or reliance on user content is entirely at your own risk.
By submitting content to the Site, you grant CPPG a royalty-free, perpetual,
irrevocable, worldwide license, without further compensation, to use,
host, store, reproduce, modify, create derivative works, communicate,
publish, publicly perform, publicly display, and distribute such content.
This license continues indefinitely beyond termination of this Agreement
for any reason by any party. You warrant and covenant that the content
you submit is true, your own original work, and does not violate any applicable
law, infringe or violate any other person’s or entity’s rights,
or require any third party releases or any payment to a third party.
This Agreement shall be governed by and construed in accordance with the
laws of the State of California, without giving effect to choice of law
principles. If any claim or action is initiated by you or on your behalf
directly or indirectly arising from this Agreement or related to the Sites,
you irrevocably agree to submit to the exclusive personal jurisdiction
of the state or federal courts located in or serving Orange County, California.
You waive any jurisdictional, venue or inconvenient forum objections to
such courts. Any such claim or action will be brought individually and
not on a class-wide basis. You knowingly waive any right to participate
in any form of “class,” “joint” or “representative”
litigation (including in any “private attorney general capacity”)
against CPPG concerning any such action or claim.
If any of the provisions of this Agreement are held to be not enforceable
by a court or other tribunal of competent jurisdiction, then such provisions
will be limited or eliminated to the minimum extent necessary so that
this Agreement will otherwise remain in full force and effect.
Modification or Termination of Agreement or Site
CPPG may, in its sole discretion, change or modify any of the terms contained
URL that CPPG may provide from time to time). You are advised to regularly
review the Agreement for updates. You can determine when the Agreement
was last changed by referring to the “Last Revised” legend
at the top of this page. Each time you access, use or browse the Sites,
you signify your acceptance of the then-current Agreement.
CPPG may, in its sole discretion, terminate your access to the Site, or
any portion thereof, or discontinue providing the Sites, or any portion
thereof, with or without notice. These actions are in addition to and
not in lieu or limitation of any other right or remedy CPPG may have available
at law. CPPG will not be liable to you or any third party for any such
termination or discontinuance. Your sole and exclusive remedy for dissatisfaction
with the Sites is to stop using the Sites.
Disclaimers and Limitation of Liability
The sites and all content on the sites is provided to you on an “as
is”, “as available” basis without warranty of any kind,
express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose, non-infringement
and implied warranties arising from course of dealing or course of performance.
CPPG makes no warranty as to the accuracy, completeness or reliability
of any content available through the sites. You are responsible for verifying
any information before relying on it. Use of the sites and content is
at your sole risk.
CPPG makes no representations or warranties that use of the sites will
be uninterrupted or error-free. You are responsible for taking all necessary
precautions to ensure that any content you may obtain from the sites is
free of viruses or other harmful code.
To the maximum extent permitted by law, CPPG disclaims all liability, whether
based in contract, tort (including negligence), strict liability or otherwise,
and further disclaims all losses or damages, including without limitation
indirect, incidental, consequential, punitive or special damages arising
out of or in any way connected with access to or use of the sites or the
content, even if CPPG has been advised of the possibility of such damages.
Because some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for consequential
or incidental damages, the above limitations may not apply to you. This
Limitation of Liability shall be to the maximum extent permitted by applicable law.
You agree to indemnify, defend and hold harmless CPPG and its officers,
directors, employees, agents, subsidiaries, affiliates, partners, licensors,
licensees, service providers, suppliers, vendors, activities partners,
sponsors, merchants, advertisers and others acting in concert with them,
from and against any loss, liability, claim or demand, including without
limitation reasonable attorneys' fees, made by you or on your behalf
or by any third party due to or arising out of (a) your use of or reliance
on the sites or any content, products, services, brands, or activity,
your dealings in connection with the sites or CPPG, or your submission(s)
of any materials to the sites or CPPG; (b) your violation of this agreement,
any applicable laws, or the rights of CPPG or any third party; or (c)
any activity related to your account or password, if any.
This Agreement sets forth the entire understanding and agreement between
CPPG and you with respect to the Site. CPPG’s failure to act with
respect to a breach by you or others of this Agreement does not waive
CPPG’s right to act with respect to subsequent or similar breaches.
You may not assign or transfer this Agreement or your rights or obligations
under this Agreement without the prior written consent of CPPG. There
are no third party beneficiaries to this Agreement.
Revised January 6, 2014