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v1.1, August 1, 2005
RubberNetwork requires that all activities conducted via the e-commerce services and functionalities provided by RubberNetwork fully comply with the letter and spirit of all applicable competition laws. These Guidelines are designed and intended to ensure such compliance. In some cases, the requirements of these Guidelines may exceed the strict requirements of the law, to ensure full compliance with those laws. Each capitalized term in these Guidelines is defined in the Privacy Policy (posted at www.rubbernetwork.com) unless the term is otherwise defined in these Guidelines.
These Guidelines apply to the conduct of RubberNetwork.com, LLC, including its subsidiaries, and its officers and employees (collectively "RubberNetwork"). They also apply to the activities of Members (meaning those persons or entities having an ownership interest in RubberNetwork and their respective affiliates) as regards RubberNetwork, the Board of Managers of RubberNetwork in connection with their activities in governing and managing RubberNetwork, and to the activities of all entities utilizing the e-commerce services and functionalities provided by RubberNetwork, including buyers and suppliers (collectively, "Participants"). RubberNetwork continues to further develop and improve its e-commerce services and functionalities and may not have established operational policies for all services and functionalities. Subject to any restrictions expressly stated in these Guidelines, RubberNetwork reserves the right to revise or expand these Guidelines as it deems necessary to reflect new services and functionalities. RubberNetwork will provide conspicuous notice at www.rubbernetwork.com of any such revisions.
- Access to the Site
- RubberNetwork shall establish legitimate business criteria to control access to the services and functionalities that it offers, and shall apply them in a non-discriminatory manner. Access to the services and functionalities shall be open to qualified buyers and seller and access shall not be denied based on whether the buyer or seller competes with any other participating buyer or seller, or on whether it buys or sells the same goods, materials and services elsewhere that it buys or sells via the services and functionalities offered by RubberNetwork.
- RubberNetwork does not require buyers or suppliers to transact any minimum amount of business via the services and functionalities it offers or to otherwise use those services and functionalities on an exclusive or semi-exclusive basis.
- Bulletin Boards and Chat Areas
- Bulletin boards, if established, will operate pursuant to appropriate rules, and will have a defined purpose and topic of discussion, approved by RubberNetwork's General Counsel. Posted messages will be required to relate strictly to the defined topic and may not contain Competitively Sensitive Information.
- RubberNetwork will not establish, or permit the creation of, "chat" areas on the Site that would enable real-time discussions between Participants.
- Aggregated Buying
- RubberNetwork may facilitate the aggregation of demand for certain goods, materials and services.
- In facilitating aggregated purchases, RubberNetwork shall not facilitate the aggregation of purchases that might enable a group to exercise unlawful, monopsony or anti-competitive buying power, or might enable a group to coordinate activity in selling final products. To avoid these concerns, RubberNetwork places restrictions on the types and amounts of goods, materials or services for which aggregated purchases are facilitated and limits access to information regarding such aggregated purchases.
- Utilization of the Services and Functionalities
- Suppliers should provide bids, quotes, information or otherwise offer goods, materials and services for sale via the services and functionalities offered by RubberNetwork only if they have a good faith intention of selling them in connection with those services and functionalities. Buyers should accept bids, quotes or other information regarding materials and services for sale via the services and functionalities offered by RubberNetwork only if they have a good faith intention of actually making a purchase or purchases in connection with those services and functionalities.
- Only buyers and suppliers participating in a particular E-Sourcing Events, or other particular activities via the services and functionalities, and RubberNetwork employees will have access to event or activity specific information.
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