Agreement between user and CA-PEQ.org
Compliance With Applicable Laws
As a condition of your access to and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms and that you will comply with all applicable laws and any conditions or restrictions imposed by these terms. You are prohibited from using, and are expressly not granted the right to use, the Services for any other purpose.
CA-PEQ.org is an Auction Site
CA-PEQ.org facilitates open-tender auctions for the right to import chicken leg quarters in El Salvador, Guatemala, Honduras and Nicaragua at zero-duty in the amount of the tariff-rate quota established by Central American-Dominican Republic Free Trade Agreement (CAFTA-DR).
By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Statement of Privacy. Please review our Statement of Privacy, which also governs the Site and informs users of our data collection practices.
Visiting CA-PEQ.org or sending emails to CA-PEQ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Performance Security Return Policy
Performance securities will be promptly returned to the bidder unless, pursuant to bidder instructions on the Bid Form, the performance security is applied to the bid price of a successful bid or is retained as security for a subsequent Open Tender Process. Please provide an address or wire instructions for the return of performance securities. Contact the administrator if you have questions at firstname.lastname@example.org.
Links to third party sites/Third party services
The Services may link to third-party websites and services that are outside CA-PEQ's control. CA-PEQ is not responsible for the security or privacy of any information collected by other websites or other services. You should exercise caution, and review the privacy statements applicable to the third-party websites and services you use.
Certain services made available via CA-PEQ.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the CA-PEQ.org domain, you hereby acknowledge and consent that CA-PEQ may share such information and data with any third party with whom CA-PEQ has a contractual relationship to provide the requested product, service or functionality on behalf of CA-PEQ.org users and customers.
No unlawful or prohibited use/Intellectual Property
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, you may not:
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CA-PEQ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by the CA-PEQ or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the content, in whole or in part, found on the Site. Copying or downloading content from the Services other than as stated above is a violation of these Terms. You may access, use, display, and print the Services only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms. We do not grant you any licenses, express or implied, to the intellectual property of CA-PEQ or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by CA-PEQ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CA-PEQ Content accessed through CA-PEQ.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless CA-PEQ, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CA-PEQ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CA-PEQ in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CENTRAL AMERICA POULTRY EXPORT QUOTA, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
CENTRAL AMERICA POULTRY EXPORT QUOTA, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CENTRAL AMERICA POULTRY EXPORT QUOTA, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CA-PEQ may terminate this agreement for any reason at any time. CA-PEQ reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the Service, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms.
This Agreement shall be governed by the laws of the United States and the District of Columbia. By using the Services, you waive any claims that may arise under the laws of other states, countries, territories or jurisdictions.
CA-PEQ's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CA-PEQ's 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 CA-PEQ with respect to such use.
ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR CA-PEQ WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
CA-PEQ and you agree that all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that CA-PEQ may seek any interim or preliminary relief from a court of competent jurisdiction in the District of Columbia, necessary to protect its rights or property pending the completion of arbitration.
To the extent permitted by law, any claim or dispute under these Terms must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute isn't filed within one year, it is permanently barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CA-PEQ as a result of this agreement or use of the Site.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CA-PEQ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CA-PEQ with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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.
In connection with your use of the Services, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before making any use of such portions of the Services. Any supplemental terms will not vary or replace these Terms regarding any use of the Services, unless otherwise expressly stated.
The failure of CA-PEQ to enforce any provisions of the Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches.
CA-PEQ welcomes your questions or comments regarding the Terms:
Central America Poultry Export Quota, Inc.
c/o DTB Associates, LLP
1700 Pennsylvania Ave., NW
Washington, D.C. 20006-4707
Office phone: 1-202-684-2512 Office fax: 1-202-684-2233
E-mail: Administrator@CA-PEQ.org www.ca-peq.org