CoreTrust Purchasing Group

Solutions

Terms of Use

Last Modified Date: August 2023

Welcome to the website. These Terms of Use (the “Terms”) form a legally binding agreement between you and the entity you represent (the “you” or “your”) and CoreTrust Purchasing Group LLC (“CoreTrust,” “our,” “us,” or “we”) (each, a “Party” and collectively, the “Parties”). These Terms govern your use of www.coretrustpg.com (the “Site”). Such uses shall include any content and services provided throughout the Site.

GENERAL

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

By accessing and browsing the Site, you acknowledge and agree, to be bound by these Terms. If you do not agree to the Terms, please do not use the Site.

These Terms may be changed, modified, supplemented, or updated by us from time-to-time without advance notice, and the updated terms may be posted on the Site, and you will be bound by any such changed, modified, supplemented, or updated Terms if you continue to use the Site after such changes are posted; provided, however, we may provide notice by means of conspicuous alert or notification displayed on the Site in the case of material revisions. You are encouraged to review the Site and these Terms periodically for updates and changes.

LICENSE GRANT

CoreTrust grants you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Site. CoreTrust reserves the right to revoke this license grant at any time or deny you access to the Site.

USE OF SITE

You can download materials from the Site for your noncommercial, personal use, provided that you retain all copyright and other proprietary notices on such materials. No material from the Site, or any other site owned, operated, licensed, or controlled by CoreTrust may be copied, reproduced, republished, posted, transmitted, or distributed in any way, for public or commercial purposes. Use of the materials for any other purpose is a violation of CoreTrust’s intellectual property rights.

PROHIBITED USES

In connection with your use of the Site, you agree that you will not:

  • Upload or transmit any message, information, data, text, software, or images, including, without limitation, any content, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;

  • Create a false identity for the purpose of misleading others or impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Upload or transmit any material, including, without limitation, any content, that you do not have a right to reproduce, display, or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

  • Upload or transmit any files or material, including, without limitation, any content, that contains viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Site, another’s computer, or property of another;

  • Delete any author attributions, legal notices, or proprietary designations or labels that you upload to any communication feature; Violate any applicable laws;

  • Upload or transmit any material that infringes or misappropriates the intellectual property rights of any third party; Delete or revise any material posted by any other person or entity;

  • Manipulate or otherwise display the Site by using framing, mirroring, or similar navigational technology or directly link to any subdomain of the Site;

  • Probe, scan, test the vulnerability of, or breach the authentication measures of, the Site or any related networks or systems;

  • Register, subscribe, or unsubscribe or attempt to register, subscribe, or unsubscribe, any individual or entity for any services offered on the Site without express authorization from such individual or entity;

  • Harvest or otherwise collect information about others, including e-mail addresses; or

  • Use any robot, spider, scraper, or other automated or manual means to access the Site or copy any content or information on the Site.

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access to the Site. We may cooperate with legal authorities and / or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by our Privacy Policy, we reserve the right at all times to disclose any information as we deem necessary to satisfy applicable laws, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in our sole discretion.

INTELLECTUAL PROPERTY

All materials on the Site are copyrighted and owned by CoreTrust and its affiliates, unless otherwise noted. The use, reproduction, and / or re-transmission of the materials without the written permission of CoreTrust is strictly prohibited. CoreTrust neither represents nor warrants that your use of materials displayed on the Site will not infringe upon the rights of third parties not owned by or affiliated with CoreTrust. The names, trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are trademarks and registered trademarks of CoreTrust and third parties. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site without the written permission of CoreTrust or such third party that may own the Trademarks displayed on the Site.

CONTRIBUTIONS TO SITE

CoreTrust may provide areas of the Site or links where you may post any communications, materials, ideas, suggestions, or submissions, including, but not limited to, content, creative suggestions, ideas, notes, drawings, concepts, business proposals, or other information (collectively, the “Communications”). If you transmit Communications, the Communications shall be deemed non-confidential and nonproprietary (even if you mark them “confidential” or “proprietary”). Any such Communications shall become the property of CoreTrust and may be used for any purpose. CoreTrust is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing commercial products using or based upon such information, without compensation to you. You are responsible for all Communications posted and submitted on the Site. You agree not to post any Communications that (1) you do not own or do not have the permission of the third party to use and post; (2) is unlawful, threatening, libelous, defamatory, obscene, pornographic, or that would violate any law; or (3) violates and third party’s intellectual property rights. CoreTrust is not responsible or liable for the Communications posted and submitted by others. CoreTrust may remove Communications submitted for any reason at any time.

REPRESENTATIONS AND WARRANTIES

Your Representations. You represent, warrant, and covenant (as applicable) that your use of the Site and any content available therein will be in compliance with all applicable laws.

No Warranty; Performance of the Site. While CoreTrust uses reasonable efforts to include accurate and timely information on the Site, CoreTrust makes no representations or warranties as to the accuracy of such information. CoreTrust assumes no liability or responsibility for any errors or omissions in the content of the Site. THE MATERIALS, CONTENT, OR ANY SERVICES OBTAINED 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, CORETRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. This section shall not affect any warranties that cannot be excluded or limited under certain jurisdictions. CoreTrust does not represent nor warrant that the Site, content, functions, content or any services obtained through the Site will be accurate, reliable, uninterrupted or error-free, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components or that the Site will otherwise meet your needs. By use of the Site, you assume the entire cost of all necessary servicing, repair, or correction. CoreTrust assumes no responsibility, and shall not be liable for, any damages to, viruses or destructive code that may infect, your computer equipment or other property as a result of your access to, use of, or browsing the Site or your downloading of any information, materials, data, text, images, video, or audio from the Site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CORETRUST, ITS AFFILIATES, SUPPLIERS OR THER THIRD PARTIES MENTIONED IN THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBISTES LINKED TO THE SITE, SERVICES OBTAINED THROUGH THE SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT OR ANY OTHER LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CORETRUST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE SITE.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold CoreTrust and its affiliated companies, and all officers, directors, owners, agents, affiliates, licensers, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of (1) any breach of these Terms by you, (2) your use of the Site, and (3) your contributions to the Site. You shall use your best efforts to cooperate with CoreTrust in the defense of any claim; provided, however, that CoreTrust reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

PRIVACY

CoreTrust respects the privacy concerns of the users of the Site. Certain non-personal information may be recorded by the standard operation of the Site, for the purposes of aggregate statistical analysis and Site customization.

GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Nashville, Tennessee. You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

THIRD PARTY LINKS

The Site may contain links to certain third-party sites. These sites are not under our control. In addition, third-party sites may contain links to our Site. We are not responsible or liable for, and make no representations or warranties concerning, the content or material of any such third-party sites. The fact that the Site contains a link to any third-party site, or that a third-party site has provided a link to the Site, does not constitute an endorsement, authorization, sponsorship, or affiliation between us and such third-party site’s owners, operators, or maintainers. You acknowledge that any services, content, material, or information provided through such third-party sites are accessed at your own risk. We are not responsible or liable for, and make no representations or warranties with respect to, any particular information, software, products, services, or content found on any linked third-party sites, including, without limitation, the appropriateness of any products, services, or transactions described therein.

MISCELLANEOUS

Export. Unless otherwise specified herein, the information and materials on the Site are presented solely for the purpose of promoting products or services of CoreTrust, which are available in the United States, its territories, and possessions. The Site is maintained and operated by CoreTrust from its offices in Nashville, Tennessee of the United States of America. CoreTrust makes no representation that the products or services promoted on the Site are available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. No software from the Site may be downloaded or otherwise exported or re-exported into (or to a national or resident of) any countries that are subject to U.S. export restrictions. By downloading or using software from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to U.S. export restrictions.

Termination. These Terms are effective until terminated by either party. You may terminate these Terms at any time by destroying all materials obtained from any and all CoreTrust Site(s) and all related documentation and all copies thereof. These terms may be terminated by CoreTrust, in CoreTrust’s sole discretion, at any time and with no notice thereof. Upon notification of such termination, you must destroy all materials obtained from the Site or any other CoreTrust site(s) and all copies thereof.

Notice. All notices, requests, demands, and other communications required or permitted to be given under these Terms shall be given via the Site or please contact CoreTrust at 601 11th Avenue North, 7th Floor, Nashville, Tennessee 37203. We may change our notice address by giving written notice to you by the means specified in this Section.

Assignment. CoreTrust may assign its rights and duties under these Terms without any notification to you.

Severability. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties.

Non-Waiver; Breach. Any waiver of any term and condition hereof must be in writing and signed by the Party against whom it is sought to be asserted. A Party’s neglect or failure in any case or circumstance to require performance of another Party’s obligations or to enforce its rights in the event of a breach by the other Party will not affect such Party’s right to enforce such rights and obligations in any other case or circumstance.