Active Target Price (ATP) means the mechanism available to the Buyer that enables the Buyer to establish a price-point that must be underbid before a Seller will receive a LEAD Status. (NOTE: ATP is usually based on a published catalog price or valid market research and is not visible to Sellers. Unison Marketplace reserves the right to remove an ATP when, in Unison Marketplace’s sole discretion, such ATP is materially inaccurate or violates the integrity of the Unison Marketplace.)
ActivityCard® means the Web Site feature that compiles Seller activity metrics based on the Seller’s use of Unison Marketplace.
Attachments mean electronic files, either posted by Buyers, statements-of-work (SOWs) or other aspects of a Solicitation or posted or otherwise submitted by Sellers as part of or to supplement their Bid. Attachments may include narratives, forms, and drawings in various document file types including Microsoft Word (.doc), Microsoft Excel (.xls), Microsoft PowerPoint (.ppt), and Adobe (.pdf) but cannot include pricing information.
Authorization Number means the identification number that represents the issuance of an Order from the Buyer to the Selected Seller. (NOTE: Typical Authorization Numbers are contained in: purchase orders, requisitions, or purchase/credit card authorizations.)
Best Price means the Ranking Criterion that ranks Sellers based exclusively on price.
Bid means the Price when responding to a Request for Quote, Invitation for Bid, or a Request for Proposal. Partial Bids are not permitted under a Reverse eAuction and will be removed from the Web Site.
Bid Decrement means the requirement, as established by the Buyer for an individual Solicitation, which dictates the minimum reduction in price between a Bid and the subsequent re-Bid submitted by a specific Seller.
Bid Price means the cumulative dollar amount, including Shipping Costs and Unison Marketplace Fees.
Status means the position of a Seller throughout the Solicitation process relative to other Sellers or Active Target Price (ATP), and includes the following identifiers:
- LEAD means that a Bid is in the lead position at a specific moment in time during the Solicitation process;
- LAG means that a Seller is NOT in the lead position at a specific moment in time during the Solicitation process and may be lagging to a competitor and/or an Active Target Price (ATP).
- LEAD – Pending Selection means that a Seller is in the lead position once the Solicitation process has ended, but is awaiting the Buyer’s award or cancellation decision;
- LAG – Pending Selection means that a Seller is NOT in the lead position once the Solicitation process has ended; and that it may be lagging to competitor and/or an Active Target Price (ATP) but is awaiting the Buyer’s award or cancellation decision.
- Selected means that the Buyer has chosen the awardee based on the Solicitation evaluation criteria and the Buyer intends to issue an Order.
- Not Selected means a Seller that does not represent the best value to the Buyer.
- Cancelled means that the Buyer has withdrawn the Solicitation from Unison Marketplace, with the right to RePost a modified Solicitation or end it permanently.
Bid Review means the effort of Unison Marketplace to verify and/or confirm Seller’s compliance with the Buyer’s Solicitation. Any objective compliance issues are communicated to the Buyer. This information is solely for the Buyer’s reference as he or she conducts their own due diligence. Unison Marketplace itself is not involved in any award decisions.
Buy means a Solicitation. Individual Buys are identified by a unique Buy number.
Buyer means a governmental, educational, or business entity or authorized representative of such entity that utilizes the Services to purchase Commercial Items from Sellers.
Commercial Items means products or simple services, typically as defined in the FAR at 48 CFR 2.101, solicited by Buyers from Sellers on the Web Site. The sale of used or refurbished products is prohibited, unless specifically requested in writing by the Buyer. The sale of “gray market goods”, defined as goods sold through distribution channels not authorized by the manufacturer of the goods, is prohibited.
Due Diligence means the effort of the Buyer to confirm the Seller’s compliance with the Solicitation and to determine which Seller represents the best value.
Unison Marketplace means the providers of Unison Marketplace® online procurement services through the Services, and said providers’ employees, agents, subcontractors, successors, officers, directors, stockholders, assigns, subsidiaries and affiliates.
Unison Marketplace Authorized Agent means the party authorized by Unison Marketplace to receive payment of the Unison Marketplace Fee.
SAM Contract Opportunities (formerly FedBizOpps (FBO)) means a single point of entry for U.S. federal government Buyers to publish, and for Sellers to find, posted U.S. federal government business opportunities across departments and agencies See Part 5 of the Federal Acquisition Regulation.
Flagged Seller means a Selected Seller that incurs an ActivityCard Seller Activity Note from the Buyer due to the Selected Seller’s materially problematic performance under an Order.
Independent Venue means an established commercial entity that neither exerts nor proposes to exert influence to solicit or obtain contracts for the Commercial Items solicited by Buyers or offered by Sellers through the Web Site.
Information includes any information provided to Unison Marketplace or others by You or to You by Unison Marketplace or others during registration, participation, payment or other use of the Services. Information includes, but is not limited to, data contained in product catalog content from Sellers, Solicitations, Bids, Registration Information, ActivityCard Information, About Seller Information, Orders and descriptions of Commercial Items, all of which may include company names, addresses, phone numbers, e-mail addresses and other information, including personally identifying information that can be used to distinguish or trace an individual’s identity or other personal details.
Late Bid means any Bid received through the Web Site after the expiration of the Buy process as specified in the Solicitation and as determined by the Web Site system clock.
No Bid means the Seller’s notification to the Buyer communicating the Seller’s decision not to participate on a Solicitation.
Non-Price Factors means the evaluation criteria as stated within the solicitation used by the Buyer to perform and evaluate non-price factors identified in the solicitation such as technical and past performance.
Order means a document issued by a Buyer to a Seller, indicating types, quantities, and agreed prices for products or services the seller will provide to the buyer.
Partial Bid means a bid submitted through the Website by a Seller, which does not qualify as an acceptable Bid under a Reverse eAuction because it fails to include all required line items or other Specifications. Partial Bids are not permitted in a Reverse eAuction and will be removed from the Web Site.
Registration Information includes company names, addresses, Tax ID or EIN, DUNS numbers, phone numbers, e-mail addresses and any other information required to become a Subscriber.
RePost means that a previously posted Solicitation has been Cancelled and posted a new Solicitation.
Reverse eAuction (or Auction) means a web-based auction process that allows Buyers to solicit and collect Bids from Sellers for Commercial Items in real-time by posting requirements and receiving decreasing incremental Bids from Sellers.
Selected Seller means a Bid submitted by a Seller in response to a Solicitation which represents the best value.
Seller means a business, educational, or governmental entity or authorized representative or agent of such entity, including an authorized reseller or subcontractor, that utilizes the Services to sell Commercial Items to Buyers.
Seller Activity Note means the notice submitted by a Buyer containing information regarding the Flagged Seller’s performance under an Order. The Seller Activity Note authorizes Unison Marketplace to make the Buyer’s contact Information available to the Flagged Seller and to other Buyers considering the Flagged Seller for future awards, allowing those Buyers to contact the submitting Buyer to inquire regarding the relevant performance issue. Unison Marketplace reserves the right to submit a Seller Activity Note to a Flagged Seller’s ActivityCard for failure to remit fees associated with an award.
Services means the Unison Marketplace® online procurement services, including Solicitation services, and all associated activities and transactions, conducted through and in conjunction with the Web Site.
Specifications means ALL attributes associated with a Solicitation including but not limited to: Seller type, end date, end time, total Bid decrement, Bid Information, contract Information, options, shipping Information, Bid term(s), solicitation instructions, line item(s), and all referenced or inferred regulations and/or all referenced ancillary Information/documents.
Transaction Fee means a fee charged by Unison Marketplace to the Selected Seller. Transaction Fees are variable pursuant to Unison Marketplace’s Pricing Policy, which is based on the category of Commercial Items sold or the volume or other commitment of a Subscriber.
Virus means viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal Information.
Web Site means the web site at www.UnisonMarketplace.com and all associated online web sites through which Services are provided
User Authorization, Representations and Warranties
Eligibility and Registration
The Services are available only to Subscribers. Unison Marketplace may refuse the Services to any person or any entity at any time, in Unison Marketplace’s sole discretion. Subscribers must provide current, complete and accurate Registration Information, and update the Registration Information as required to ensure its completeness and accuracy. Unison Marketplace will evaluate the submitted registration form in good faith and will notify the registrant in a timely manner regarding Unison Marketplace’s acceptance or rejection of the registration form. Upon receipt of notification of Unison Marketplace’s acceptance of a Seller’s registration form, the Seller may request to execute a proprietary data protection agreement with Unison Marketplace. Unison Marketplace may reject a submitted registration form if it determines in its sole discretion that the registrant is not qualified to be a Subscriber.
Unison Marketplace Is Only a Venue; Limitation of Liability and Relationship
The Web Site provides an Independent Venue for Sellers to offer and sell Commercial Items and for Buyers to post Solicitations and purchase Commercial Items from Sellers. Unison Marketplace has no control over the quality, safety or legality of the Commercial Items offered and sold, the accuracy of any related content, the ability of Sellers to sell Commercial Items or the actual intent of Buyers to buy Commercial Items. Although Unison Marketplace performs limited due diligence to qualify Sellers and Buyers as Subscribers, Unison Marketplace does not guarantee, nor does it control whether Sellers will complete the sale of Commercial Items they offer or whether Buyers will complete the purchase of Commercial Items for which they have requested Bids. Buyers may submit Solicitations on an anonymous basis. Because Unison Marketplace does not and cannot control the actions of users of the Web Site, in the event that You have a dispute with one or more users, You agree to release Unison Marketplace from any and all claims, demands and damages (actual, direct, indirect, 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, such disputes. You also agree to waive the provisions of any state law limiting or prohibiting a general release.
The Marketplace Process
The process is as follows: 1) The Buyer posts a Solicitation; 2) Each Seller reviews the Solicitation and either submits or does not submit a Bid (during the Solicitation process, each Seller may submit multiple Bids). If a Seller has questions or issues about a Buyer’s Solicitation, the Seller must submit a question through the Unison Marketplace system instead of intentionally submitting a partial or non-compliant bid; 3) If Seller submits a Bid, Seller MUST proactively confirm compliance with the Solicitation and comply with all Bid Review or Due Diligence requests, either from Unison Marketplace’s Marketplace Assurance Department or the Buyer; or if Seller chooses not to submit a Bid, Seller may submit a No Bid or not respond; 4) The Buyer reviews Bids, performs Due Diligence, and decides to: i) Cancel the Solicitation , in which case all participating Sellers will be notified, ii) Re-Post the Solicitation with modifications, in which case the Process begins anew, iii) Extend the Buy to allow for additional Bids to be submitted; or iv) Select a Seller, in which case the Buyer enters the Authorization Number into the Web Site, and each party receives the other party’s contact Information; and 5) Those Sellers not selected may view the Selected amount and, as permitted by the Buyer, the identity of the Selected Seller. All Sellers submitting Bids on a Solicitation will compete in the Buy until the Buy process expires as specified in the Solicitation and as determined by the Web Site system clock. Throughout the Process, Unison Marketplace will rank the Bids based on Best Price; however, the Buyer maintains the right to use Non-Price Evaluation Factors. Unison Marketplace will provide Sellers with their Status, consisting of: LEAD or LAG; LEAD-Pending Selection or LAG-Pending Selection; Selected or Not Selected; or Cancelled. If two or more equally priced Bids are submitted, they will be ranked according to time of submission, with the previously submitted equal Bid leading as compared to any subsequently submitted equally priced Bid. Buys shall take place Monday through Friday between 11 a.m. and 5 p.m., Eastern Time, unless otherwise specified by the Buyer. A Buyer is NEVER obligated to complete the transaction, regardless of the status of the Buy, and a Buyer may select any of the participating Sellers in order to obtain the best value in accordance with their contracting authority and applicable rules and regulations; however, the Selected Seller may not retract or cancel its Selected Bid except in the extraordinary event that the Buyer: (a) materially changes the description and/or quantity of the Commercial Items specified in the Solicitation, (b) has materially misrepresented the Commercial Items in the, or (c) a system error has occurred on the Web Site creating an error in the Bid(s) or Solicitation. Unless specified to the contrary in the Solicitation, a Buyer cannot solicit or accept Partial Bids in a Reverse eAuction. Non-compliance with Unison Marketplace’s Process may subject You to negative ratings from Unison Marketplace Subscribers. Unless otherwise stated in the solicitation, bids submitted by sellers in response to a solicitation must be in U.S. Dollars, and must not include any sales tax (state, local or otherwise) or order costs.
No Late Bid will qualify unless specifically authorized by the Buyer. The Web Site will ONLY issue an error message to a Seller at the time the Late Bid is recognized by the Web Site system clock. The Web Site system clock is the only determining authority regarding timing for all systems activities. Sellers are encouraged to submit Bids at the earliest possible time in order to avoid potential transfer issues associated with utilizing the Internet.
Extending the Buy
Buyers may choose to extend the duration of the Buy either before the expiration of the Buy or up to two (2) weeks after the expiration of the Buy. If the Buy is extended before the initial Buy expires, Sellers may continue to submit Bids through the revised expiration period. If the Buy is extended after the initial Buy expires, Sellers may submit additional Bids only after the extended period begins.
Unison Marketplace Fees
Subscribing to Unison Marketplace is free to Buyers and Sellers; however, Unison Marketplace applies a Transaction Fee to all Bids within a Buy and includes the Transaction Fee in the total Bid Price submitted to the Buyer for consideration. Unless otherwise agreed by Unison Marketplace and Buyer, the resulting Unison Marketplace Fee for any Buy is included in the payment from the Buyer to the Selected Seller or the third party for which the Selected Seller is acting as authorized representative or agent. Accordingly, each seller acknowledges and agrees that all unison marketplace fees are the property of unison marketplace and that, as selected seller, it will remit to unison marketplace or, if applicable, the unison marketplace authorized agent, all unison marketplace fees by the payment due date and that failure to do so will result in selected seller being subject to interest payments and other penalties, up to and including collections activity, reporting to credit and other business rating organizations, legal action, and web site access revocation. Unless specifically authorized by Unison Marketplace, Sellers are prohibited from submitting to the Buyer pricing Information related to a Buy except in accordance with the above Process. Such submission may constitute a Transaction by Other Means, as set forth, below, and result in revocation or suspension of some or all of Seller’s Unison Marketplace access privileges. Should Buyer request pricing confirmation from Seller after the Buy ends, Seller must provide the Unison Marketplace Price (which includes the Unison Marketplace Fee) to the Buyer. Should the Seller provide any pricing information other than the Unison Marketplace Price to the Buyer, resulting in exclusion of the Unison Marketplace Fee from Buyer’s Order, Seller will remain liable for full payment to Unison Marketplace of the Unison Marketplace Fee as provided herein. Buyers and Sellers are responsible for paying all expenses associated with conducting their respective businesses, whether selling, participating, or buying through Unison Marketplace or accessing the Web Site. Unison Marketplace retains the right to institute subscription and/or per-event management fees based on written request or authorization from applicable parties. If Unison Marketplace receives notice that, due to inclusion of the Unison Marketplace Fee, the Selected Seller’s line item pricing is higher than the pricing for the same item in the Selected Seller’s applicable (i.e., matching the Contract Type specified by the Buyer in the Solicitation published government contract), the Unison Marketplace Fee will be adjusted to ensure the Selected Seller’s line item pricing does not exceed the Selected Seller’s applicable published government contract pricing. Such notice from the Selected Seller must include either an active link to the applicable published government contract and pricing (e.g. GSA Advantage, etc.) or a copy of the applicable portion of the contract and pricing and should be submitted to firstname.lastname@example.org at or before expiration of the Buy Process as specified in the Solicitation and as determined by the Web Site system clock.
Amount Due to Unison Marketplace
Unison Marketplace applies a Transaction Fee to all Bids within a Buy and includes this amount in the total Bid Price submitted to the Buyer for consideration. This Transaction Fee is Buyer funded, Seller remitted. When a contract is awarded using Unison Marketplace results, the awarded contract price is inclusive of the amount due to Unison Marketplace. Upon receipt of payment, the Seller must remit payment to Unison Marketplace.
Net 60 Payment Terms
Once a Buy is awarded, an invoice is generated for the amount and payment is due to Unison Marketplace no later than 60 days after award.
If an invoice from Unison Marketplace needs to be modified, it is the Seller’s responsibility to provide the supporting documentation. The documentation may either be a modified or cancelled PO or email correspondence between the Seller and the Buyer stating the change in the contract. Additional documentation may be acceptable on a case by case basis (i.e. bill of lading, proof of delivery from the buyer, etc.). Please contact email@example.com for assistance.
Shipping and Delivery
All Orders placed through Unison Marketplace shall be shipped and delivered in accordance with the Order. A Selected Seller’s failure to ship and deliver in accordance with the Order/Contract may subject such party to negative ratings from Buyers and/or other contractual remedies by the Buyer/Unison Marketplace. In addition, a Selected Seller’s failure to ship and deliver in accordance with the Order resulting in the Buyer’s partial payment or non-payment to the Selected Seller shall not relieve the Selected Seller of its obligation to submit all Unison Marketplace Fees by the Payment Due Date.
General Payment Terms for Standard Payment Process
Incomplete Transactions and Refunds
Transactions by Other Means
Unison Marketplace is only an Independent Venue. All returns, replacements, technical services and support shall be in accordance with the Selected Seller’s standard commercial terms and conditions or as specifically stated by a Buyer within Specifications and must be handled directly by the Selected Seller or manufacturer, if applicable, and independently from Unison Marketplace. Unison Marketplace may assist the Buyer in working with the Selected Seller to help the Buyer receive optimal customer service from the Selected Seller but shall not be responsible for issuing proper return authorizations on behalf of the Selected Seller. If the Buyer does not have complete contact Information for the Selected Seller or manufacturer, the Buyer may contact Unison Marketplace customer support at 1-877-933-3243 or e-mail us at firstname.lastname@example.org, and Unison Marketplace will provide such Information.
Commercial Items Descriptions
Commercial Items descriptions are not verified or substantiated by Unison Marketplace, and We cannot be held responsible in any way for any inaccuracies or omissions in such Information, whether from Sellers, Unison Marketplace or any third parties.
Unison Marketplace ActivityCard® Feature
Unison Marketplace’s ActivityCard® feature has been created to enhance the functionality of the Services by allowing market forces to encourage and maintain quality performance by Selected Sellers, Buyer confidence in Selected Sellers, and Seller confidence in the caliber of competitors. ActivityCard functions by establishing an Information baseline for each Seller, which provides Buyers with the following Information regarding Seller activity on the Web Site: 1) Member Since – how long the Seller has been active on the Web Site, 2) Total Awards – the total number and dollar value of Orders awarded to the Seller through Unison Marketplace, 3) Actively Bidding Since by Buyer – how long Seller has been participating on Solicitations posted by a particular Buyer, 4) Awards by Buyer – the number and dollar value of Orders awarded by Buyer (Awards by Buyer is not available for Buyers that are commercial entities), and 5) Alerts – the number of Seller Activity Notes submitted by Buyers in response to performance by the Seller (Alerts may not be available for Buyers that are commercial entities).
The ActivityCard feature operates on the premise that a Seller’s performance has been satisfactory unless otherwise noted by a Buyer. In case a Buyer experiences a materially problematic performance issue with a Selected Seller, or should the Buyer wish to denote positive feedback information, the ActivityCard feature provides Buyers with the opportunity to submit a Seller Activity Note. The Seller Activity Note authorizes Unison Marketplace to make the Buyer’s contact Information available to the Flagged Seller and to other Buyers considering the Flagged Seller as a Selected Seller. Note: the seller activity note is not a performance review and unison marketplace does not submit seller activity notes on behalf of buyers or any other party. Unison Marketplace reserves the right to submit a Seller Activity Note to a Flagged Seller’s ActivityCard for failure to remit fees associated with an award. If a Buyer submits a Seller Activity Note, the Flagged Seller will have a flag attached to its profile. Any Buyer in a subsequent Reverse eAuction in which the Flagged Seller participates then may contact the Buyer that submitted the Seller Activity Note. In addition, the Seller Activity Note will appear in the Flagged Seller’s Unison Marketplace profile on the “ActivityCard” page under “My Profile”, together with the Buyer’s contact Information, allowing the Flagged Seller to contact the Buyer for additional information or to resolve the issue.
The ActivityCard feature compiles and displays cumulative Seller activity Information, except that Seller Activity Notes older than 18 months are not displayed to Buyer or Seller. Unison Marketplace maintains all Information, including Performance Alert data, according to Unison Marketplace internal data archiving policies. Neither Buyers nor Sellers shall initiate any action that might undermine the integrity of the ActivityCard. Buyers must be prepared to provide Information related to those Seller Activity Notes to other Buyers and to the Flagged Seller. Flagged Sellers may contact the Buyer that submitted the Seller Activity Note, but any dispute between a Flagged Seller and a Buyer must be settled according to applicable federal, state or local procurement laws and any other terms and conditions contained in the Order giving rise to the dispute. In no case may any party engage in any harassing, hostile or otherwise unprofessional behavior. Buyer agrees to indemnify, hold harmless, and at Unison Marketplace’s discretion, defend Unison Marketplace against any and all suits, losses, claims, demands, liabilities, costs and expenses (including reasonable attorney and accounting fees) arising from Buyer’s submission of a false or misleading Seller Activity Note. Contact us at email@example.com with any questions or comments regarding this feature.
Unison Marketplace will not disclose any Procurement Sensitive Information (Quote, Proposal, and/or Source Selection Information) provided by Sellers during participation in a Buy to any third parties or to any Unison Marketplace employees except (a) the Buyer who has posted the Buy, and (b) Unison Marketplace employees who have a need to know. Unison Marketplace will not use the information provided by Sellers during participation in a Buy for its own use or for any purposes except those in order to deliver the services required by our federal customers. Notwithstanding the foregoing, Unison Marketplace may disclose information provided by Sellers during participation in a Buy to the extent required by a valid court order or other governmental body (i.e., agency Office of the Inspector General, General Accountability Office, etc.) or as required by law. All Unison Marketplace employees sign a Non-Disclosure Agreement which prohibits the disclosure of Seller Procurement Sensitive Information.
About Seller Feature
Through its About Seller feature, Unison Marketplace provides Sellers the opportunity to provide Information viewable by Buyers as part of Seller’s Information profile on the Web Site. Sellers are required to adhere to the Information requirements, as set forth in the Information clause, above. All information submitted by the seller for inclusion in the about seller feature is voluntarily provided by the seller, and unison marketplace is not responsible for the accuracy or content of such information. Contact firstname.lastname@example.org with any questions or comments regarding this feature.
Buyers consider anonymity to be of significant value during the Solicitation process. Accordingly, Unison Marketplace shall not reveal the identities of the Buyer until such time as such Information is required to be provided by law or in order to complete a transaction as described above. The Unison Marketplace may not reveal the identity of the participating Sellers in connection with their respective Bids, to other Sellers, unless specifically requested by Buyer. We expect all Subscribers to honor a party’s desire to remain anonymous. Nevertheless, use of the Web Site, the Services, or any Information gained from use thereof (including but not limited to the Commercial Items packaging or the serial numbers of purchased Commercial Items) in an attempt to compromise the anonymity of other Subscribers and/or circumvent the Services is strictly forbidden. Unison Marketplace retains the right to pursue legal action against any person or organization We suspect of violating this policy.
System and Business Integrity
You agree not to use any device, software or routine or otherwise take any action to interfere or attempt to interfere with the proper working of the Web Site, any listing being conducted on the Web Site, or our Services. You agree not take any action that imposes an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with our business operations. You agree not to take any action that disrupts, harms, or otherwise interferes with Unison Marketplace’s business relationships. You may not disclose or share Your password to any third parties or use Your password for any unauthorized purpose.
Right to Terminate
Unison Marketplace reserves the right in its sole discretion to refuse the Services to any party at any time.
You agree your use of the services is entirely at your own risk. The services are provided, “as is,” without warranty of any kind, either expressed or implied, including, without limitation, any warranty for the information, services, uninterrupted access, or commercial items purchased or sold or intended to be purchased or sold through or in connection with the services. Specifically, unison marketplace disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy, or content of the information, services or commercial items; 2) any warranties of title, non-infringement, quiet enjoyment or warranties of merchantability or fitness for a particular purpose, and 3) any warranties concerning the ability of a subscriber to provide or deliver any commercial items or to pay a subscriber for any commercial items. Except for damages or injury caused by unison marketplace’s wilful misappropriation of a seller’s intellectual property rights, this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any commercial items, whether for breach of contract, tortious behavior, negligence, or under any other theory of liability or cause of action.
Limitation of Liability
Third Party Content and Links
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Services and Your Bids for, or purchase or sale of, Commercial Items. Failure to provide full, accurate, and complete Information as required by the Solicitation may subject You to penalties for making false statements, as prescribed in 18 U.S.C. 1001. Note that purchase and sale of certain items, defined as “defense articles” under 22 C.F.R. 120.6 may be subject to the International Traffic in Arms Regulations (ITAR) and require the Buyer and/or Seller, as applicable, to have appropriate export authority from the U.S. Department of State prior to posting or participating through the Web Site.
Except as explicitly stated otherwise, any notices shall be sent via e-mail to email@example.com (in the case of notice to Unison Marketplace), or to the e-mail address You provide to Unison Marketplace during the registration process (in the case of notice to You) or to such other address as the party shall specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Unison Marketplace may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Unison Marketplace during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Unison Marketplace does not permit copyright infringing activities and infringement of intellectual property rights on its Web Site and Unison Marketplace will remove all content, Information, or other provided material if properly notified that such content or other material infringes another’s intellectual property rights. Unison Marketplace reserves the right to remove any content or material without prior notice. If You are a copyright owner or an agent thereof and believe that any content or material on the Web Site infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Unison Marketplace’s copyright agent with the following information in writing: 1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) A description of the copyrighted work or other intellectual property that You claim has been infringed; 3) A description of where the material that You claim is infringing is located on the Web Site; 4) Your address, telephone number, and email address; 5) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6) A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Unison Marketplace’s designated agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: i) By mail: Unison Marketplace, Inc., 8500 Leesburg Pike, Suite 602, Vienna, Virginia 22182; ii) By email: firstname.lastname@example.org; iii) By fax: Unison Marketplace, Inc., ATTN: Copyright Agent, 703-442-7821. You acknowledge that if You fail to comply with all of the above requirements, Your DMCA notice may not be valid.
THE FOLLOWING SECTION APPLIES TO U.S. PUBLIC SECTOR BUYERS ONLY:
THE FOLLOWING SECTIONS APPLY TO U.S. FEDERAL GOVERNMENT BUYERS ONLY:
SAM Contract Opportunities; Buyer Information
Buyers may use Unison Marketplace to simultaneously post a Solicitation or a combined synopsis/solicitation through the Marketplace and on beta.SAM.gov. Federal government Buyers may use Unison Marketplace and beta.SAM.gov in a complementary manner to: 1) Comply with the Federal Acquisition Regulation (FAR) beta.SAM.gov usage requirement; 2) Increase Seller awareness of and access to U.S. federal business opportunities; 3) Automate the collection process; and 4) Ensure price reasonableness. This capability has been achieved by complying with beta.SAM.gov’s easy data exchange interface between beta.SAM.gov and each Buyer agency’s electronic procurement system. Even though beta.SAM.gov accommodates Buyer submissions using different Internet protocols (SMTP, FTP, HTTP) for communications, it employs a standard data exchange protocol, which was developed in accordance with FAR guidelines – (see Subpart 5.2, Synopses of Proposed Contract Actions, at http://www.acquisition.gov/far/. The beta.SAM.gov data exchange protocol is based on a set of formatted, tagged document templates, each of which represents a specific type of acquisition transaction. beta.SAM.gov Release 3, Phase 2 (February 2004), adds the NAICS code field, where appropriate, to existing templates and adds a new template for amending a Combined Synopsis/Solicitation. Buyers will be required to have approval from their respective agencies to use the Unison Marketplace/SAM Contract Opportunities capability. Each federal Buyer agency maintains ownership of its Information, and Unison Marketplace will provide such Information to such Buyer agency as part of its Services.