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Membership Agreement

Agreement:
This Membership Agreement (this "Agreement") describes the terms and conditions applicable to your use of our services at Peribanu.com. By clicking the accept button below, you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions or have any questions, please contact . We may amend this Agreement at any time by posting the amended terms on our web site. The amended terms shall automatically be binding and effective immediately for all matters occurring thereafter. This Agreement may not be otherwise amended except in writing and signed by both parties.

1. Membership Registration
Our services are available only to corporations or other business entities that have accepted this Agreement and have provided the information requested on the Membership Registration Form and that are legally permitted to enter into contracts for the sale of goods or permitted to purchase the services available on this web site as under applicable law. Peribanu could, at its sole discretion, grant full membership, reject membership or approve membership subject to offer limits. Peribanu, through its approval process, makes no representations regarding a member to other members.

2. Users of the Site
Peribanu.com acts as a marketplace for sellers and buyers. Buyers post and manage RFQ’S. Sellers provide quotes and manage outstanding quotations to open RFQs. As members, access to the site is unlimited within the specific category for which your membership is valid. To become a member, you must register by filling out an on-line application and selecting a registration identification and password.

3. Posting RFQs
Buyers, we do not charge Buyers a fee to post an RFQ (Request for Quote) or otherwise solicit bids from sellers through the Site. When, as Buyer, you post an RFQ or otherwise solicit bids on the Site, you have extended an offer to seller to meet the requirements specified in the RFQ, including but not limited to price, payment terms, shipping terms, and payment methods. Once you post an RFQ to the Site:
  • You are not obligated to purchase the items for which you have posted the RFQ
  • may message or contact sellers about an RFQ you have posted prior to your selection of a Seller to fulfill that RFQ, to clarify or otherwise to assist in the approval or quotation process;
  • You may not use an alias to place false bids for your RFQ, or any other RFQ; and
  • You may not otherwise manipulate the pricing or bidding under your RFQ, or any other RFQ

4. Buyer's Representations and Warranties
As a Buyer, you represent and warrant that: (1) all information provided in an RFQ shall be accurate and complete and shall accurately represent your ability to accept the products or services as requested; (2) no RFQ or other information you provide on the Site shall be fraudulent, untruthful, or counterfeit; (3) you shall have the right and the authority to: (a) post the RFQ submitted including all information and (b) accept a quotation matching your stated criteria in an RFQ; (4) you are 18 years of age or older; and (5) the distribution of the RFQ to registered sellers in connection with any RFQ you post shall not cause us to violate any applicable law, statute, ordinance or regulation.>

5. Seller's Representations and Warranties
As a seller, you represent and warrant that: (1) all information provided in a quote shall be accurate and complete and shall accurately represent your ability to sell the products as requested; (2) no quote or other information you provide on the Site shall be fraudulent, untruthful, or counterfeit; (3) you shall have the right and the authority to: (a) post the quote submitted including all information and (b) accept a quotation matching your stated criteria in a quote; (4) you are 18 years of age or older; and (5) the distribution of the list of goods and target prices to registered buyers in connection with any list you post shall not cause us to violate any applicable law, statute, ordinance or regulation.

6. Your License to Use the Site
We grant you a limited, non-exclusive license to only:
  • Upload list of goods and post quotes on the site and to post RFQ’s on the Site;
  • Upload list of goods and post quotes on the site and to post RFQ’s on the Site;
Use the Site's RFQ creation tools solely to create an RFQ for posting on the Site. Your exercise of this limited license is subject to and conditioned on the terms and conditions of this Agreement. This license terminates if you breach any term of this Agreement. You may not transfer or assign this license to any other party. We are the owner or licensee of all rights in the Site, its content, software, and services. We are not granting you any right or license to the Site, its content, software, or services besides any right explicitly stated in this Agreement. Ownership of all rights in those materials shall remain with us or our licensors.

7. Information Posted on the Site
We do not endorse and are not responsible for any information posted or content contained on the Site. Except for RFQs, quotations, profile information which are maintained as private in accordance with our Privacy Policy, information you post to the Site is public, and we do not recommend posting private or proprietary information (other than RFQs, bids and profile information) to the Site. You are solely responsible for information, which you post on the Site, including but not limited to any posting or listing in any public message area, through any e-mail feature, or through any document upload feature. Your information must not: (a) infringe any third-party's rights, including, without limitation, intellectual property rights such as trademark, service mark, copyright, and patent rights, as well as any publicity rights or privacy rights; (b) be defamatory, slanderous or libelous, threatening or harassing; (c) be obscene, indecent or contain pornography; (d) be false, inaccurate or misleading; (e) be fraudulent or involve the sale or solicitation of counterfeit or stolen goods; or (f) otherwise create any liability on our behalf. We reserve the right to take any action with respect to information posted on the Site that we deem appropriate in our sole discretion, including but not limited to termination of your rights of use. However, we do not regularly monitor and cannot, nor do we try to, control the information provided by users or content providers, which is made available through our system. Other people's information may be offensive, harmful, inaccurate, mislabeled or deceptively labeled. We expect that you will use caution and common sense when using our Site. We also reserve the right to move your RFQ or profile information from one category to another, and to remove categories at any time and from time to time as it deems appropriate, at our sole discretion, even if this results in your information not appearing on the Site.

8. System Integrity
You may not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs or cancel bots, intended to damage or interfere with the proper working of the Site or any bid being conducted on our Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "Spam" or other such unsolicited mass e-mailing techniques.

9. Registration Identification and Passwords
Your Site registration identification and password are confidential and proprietary and you may not disclose your registration identification or password to or share them with any third parties, or otherwise use registration identification or password for any unauthorized purpose.

10. Links to and from Third-Party Sites
The Site may contain links to third-party web sites not under our control or operation. We provide links only as a convenience, and we do not endorse nor are we responsible for the contents of any linked site or any site linked to or from a linked site.

11. Third-party Consent
The Site contains news and information published by various third party providers. The Terms and Conditions of the respective third parties are incorporated herein by reference and are part of these Terms and Conditions.

12. Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site or your bidding on or purchase of products and services and posting and retrieval of information (including without limitation those governing export control, unfair competition, antitrust, and false advertising). You are responsible for paying all applicable fees and taxes you incur to bid or buy products and services or access our servers. You acknowledge that we have an express policy of complying with all applicable laws, and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Site to violate the antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities.

13. Termination
We may terminate your membership, your postings and any of your current RFQs immediately if you breach any term of this Agreement, or if we are unable to verify or authenticate any information you provide to us. You may terminate your ability to use the Site, your registration identification and password at any time by sending us a notice to "

14. Privacy and Security
All information that you submit to the Site including registration information, purchasing information (including RFQs and quotations submitted) and other information are protected by our privacy policy, and incorporated into this agreement, and may be modified by us at our sole discretion from time to time. A Buyer's RFQs and associated information will only be available to verified sellers who have registered on our Site. This information will not be shared with any other Buyers on the Site. While we strive to protect our users' information and privacy, we cannot absolutely guarantee the security of any information you disclose online.

15. No Warranty
WE PROVIDE THE SITE AND ITS SERVICES AS IS, WHERE IS, AND AS AVAILABLE. WE MAKE ABSOLUTELY NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITE OR SERVICES, AND HEREBY NOTIFY USERS THAT OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

16. Indemnification
You agree to indemnify us from and against any and all claims and damages of any kind (including attorneys' fees) resulting from your use of the Site; from your breach of any provision of this Agreement or from any actions you take. We reserve the right to report any wrongdoing by you, if we become aware of it, to the applicable government authorities.

17. Release
Because we are not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site or such disputes. You waive the provisions of any state law limiting or prohibiting a general release.

18. Limitation of Liability
IN NO EVENT SHALL PERIBANU BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, AND IN NO EVENT SHALL PERIBANU’S TOTAL CUMULATIVE LIABILITY EXCEED THE FEE ASSOCIATED WITH YOUR MEMBERSHIP OR OTHER ITEM OR OCCURRENCE THAT GIVES RISE TO LIABILITY, REGARDLESS OF THE CAUSE (INCLUDING NEGLIGENCE) AND REGARDLESS WHETHER PERIBANU KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

19. Our Relationship
This service is an electronic marketplace for purchasing and selling and managing the associated details and activities, and we do not perform any offering, selling, purchasing or similar activities for ourselves or on behalf of any user. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Peribanu. This Agreement is between you and Peribanu and is not intended to be for the benefit of any third-party.

20. Notices
You shall provide any required notice to us by e-mail to ". We shall provide any notices to you by e-mail to the e-mail address you provided during your registration as a seller or Buyer. Notice shall be deemed given 24 hours after the e-mail is sent, unless the sending party receives notice that the email has not been delivered (for reasons beyond the control of the recipient).

21. Agreement
This is a contract that forms a legally binding agreement between you and Peribanu. Its terms are effective from the moment you first use our Site; we will deem you to have accepted all the provisions of our User Agreement without modification the first time you visit the Site; and Peribanu require you to expressly acknowledge your agreement in registering as a user. If you do not accept the terms of this Agreement, you cannot use the Site or the services provided on it. The Site is built on trust. Your agreement to abide by these terms helps promote that trust among all members of our community, keeping the Site a safe electronic marketplace. Peribanu recommends that you print a copy of this Agreement for your records. Peribanu reserves the right to amend this Agreement at any time by posting the amended terms on the Site. The amended terms shall be effective as of your next use of the site following their posting. Peribanu may also add, delete or modify some or all of our services at any time. This Agreement may only be amended by you in writing signed by both parties.

22. Other General Provisions
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, and all writings incorporated by reference into it, set forth the entire understanding and agreement between us with respect to the subject matter of this Agreement. It is the member's responsibility to exercise due diligence when evaluating and entering into new business relationships with other members. Buyers are requested to only post RFQs whereas they intend to purchase the custom manufactured items. Sellers are requested to be diligent in their quotation, ensuring that they quote a fair price and honor the quoted price and terms quoted.
I read and accept all of the terms and conditions of the Membership Agreement.