National Co+op Grocers and its affiliates (collectively, "NCG") provide this website to you, subject to these terms of use ("Terms"). The Terms constitute a legal agreement between you and NCG and govern all use of this website, including all content, information, and services provided on the website. By accessing, browsing, or using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. We may update these Terms at any time, with or without notice to you. Each time you access this website, you agree to be bound by the Terms then in effect. If you do not agree to these terms, please do not use this site.
Fees and Payments
You agree to pay the subscription fee composed of a $250.00 implementation fee and a $250.00 renewal fee. NCG, in its sole and absolute discretion, may waive the renewal fee upon a subscriber's realization of certain benchmarks tracked via the website. All fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You are responsible for any fees or charges incurred to access the website through an Internet access provider or other third-party service. You subscription will renew automatically, unless it is cancelled prior to the beginning of the calendar year. We may cancel your subscription at any time by notifying you.
Patents, Copyrights and Trademarks
The technology and content provided on this website are owned by or licensed to NCG and protected by United States and international intellectual property laws. NCG and its licensors retain all proprietary rights to that content and technology. Please see notices on individual referenced sites, products and services for additional notices and information. The trademarks, service marks, trade names and logos appearing on this site are trademarks of NCG and or its affiliates or licensors. Unless permitted under the Terms, no part of this website may be reproduced, duplicated, copied, downloaded, stored, further transmitted, disseminated, transferred, or otherwise exploited without NCG's prior written consent. Please consult notices and terms for individual products and services referenced herein.
License
By offering this website for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services on this website, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited license set forth in these Terms, NCG does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
Usage Restrictions
By accessing, browsing, or using this website, you agree to the following restrictions:
- you will not use, intentionally or unintentionally any of the content, information, or services on this website in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law. Please note that NCG is not a consumer reporting agency, and you will not use any of the content, information, or services on this website as a factor in establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family, or household purposes, for employment purposes, or for any other purpose authorized under section 1681b of the Fair Credit Reporting Act (15 U.S.C.A. § 1681b)
- you will not use this website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website
- you will not interfere with any other party's use and enjoyment of this website, or of any of the content, information, or services provided on this website;
- to the extent that you are able to upload, post or otherwise transmit content using this site you will not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- you will not upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- you will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;
- you will not seek to gain access to any materials or information through any means not intentionally made available by us;
- you will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit this website, or any portion hereof without NCG' prior written consent, except that you may reproduce limited content from this site describing NCG' products and services solely to educate users or potential users about NCG products or services;
- you will not use any framing techniques to enclose any portion of this website (including, but not limited to, images, text, page layout, and form) without NCG's prior written consent;
- you will not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without NCG' prior written consent;
- you will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;
- you will not use any robot, spider, other automatic software or device, or manual process to monitor or copy our website or the content, information, or services on this website without NCG' prior written consent;
- you will not collect any email addresses made available on this site for purposes of promotions or marketing campaigns;
- you will not distribute, on or through this website, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without NCG' prior written permission; and
- you will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
NCG PROVIDES THIS WEBSITE "AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:
- WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, AND DELAYS;
- WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE;
- WARRANTIES AS TO THE LIFE OF ANY URL OR THIRD-PARTY WEB SERVICE; AND
- WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, NCG.
BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT
- PROVISION OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA;
- THIS SITE, AND THE PRODUCTS AND SERVICES REFERENCED HEREIN MAY NOT SATISFY CUSTOMER REQUIREMENTS NOT EXPRESSLY STATED IN THE CUSTOMER AGREEMENT;
IN NO EVENT WILL NCG BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR
- INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THIS WEBSITE, WHETHER OR NOT NCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE;
- ANY CLAIM(S) RELATING IN ANY WAY TO CUSTOMER'S INABILITY OR FAILURE TO PERFORM RESEARCH OR OTHER WORK OR TO PERFORM SUCH RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY NCG;
- ANY DECISION MADE OR ACTION TAKEN BY CUSTOMER IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE.
No Legal Advice
The information and services on this website are not intended to and shall not be used as legal advice. No attorney-client relationship is formed. You use the content, information, and services on this website at your own risk.
Advertisers
This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this website is accurate and complies with applicable laws. NCG is not responsible for the illegality of, or any error or inaccuracy in, advertisers' or sponsors' materials, or for the acts or omissions of such advertisers or sponsors.
Links to Third Party Sites
This website may provide links to other third-party World Wide Web sites or resources. NCG makes no representations whatsoever about any other web site which you may access through this website. Because NCG has no control over such sites and resources, you acknowledge and agree that NCG is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this website to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. NCG makes no representation or warranty as to any third party content, products or services, and you agree that NCG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.
Web Forums
Please be advised that web forum content is the sole responsibility of the person supplying the content, and NCG assumes no responsibility to control such content. Opinions expressed on NCG web forums and in any corresponding comments are the personal opinions of the original authors, and not necessarily that of NCG.
Registration and Account Information
Certain sections of this website may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you believe there has been unauthorized use, you must notify us immediately.
Termination
You acknowledge and agree that NCG, in its sole discretion, may terminate your website access if your conduct is found to be unlawful, inconsistent with, or in violation of, the letter or spirit of these Terms, or for any other reason, NCG shall not be liable to you or any third party for termination of website access. Should you object to any terms and conditions of these Terms, or to any subsequent modifications thereto, your only recourse is to immediately discontinue use of the website.
Indemnification
You agree to indemnify, defend, and hold NCG and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.
Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Iowa, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in Johnson County, Iowa, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
Severability of Provisions
If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
Revision: January 2015 – Changed program name from SIMS to Co+efficient.