INTRODUCTION
Welcome to the SUPPLYVIEW.COM, INC. ("Supplyview.com") Web site. Please review the following terms and conditions concerning your use of this site. By accessing, using, downloading materials or transmitting inventory information to and/or from this Web site, you agree to follow and be bound by these terms and conditions.
TRADEMARK INFORMATION
Supplyview.com, Inc. is a registered trademark, and other Supplyview.com Inc. product names, service names, slogans or logos referenced in this Web site are trademarks or registered trademarks of Supplyview.com. All other company, product or service names referenced in this Web site are used for identification purposes only and may be trademarks of their respective owners.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites controlled by parties other than Supplyview.com. Accordingly, Supplyview.com is not responsible for and does not endorse or accept responsibility over the contents or use of these Web sites.
WARRANTIES AND DISCLAIMERS
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SUPPLYVIEW.COM, ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER, EXPRESSED OR IMPLIED. SUPPLYVIEW.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRIGEMENT. IN NO EVENT SHALL SUPPLYVIEW.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSENTUAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE. SUPPLYVIEW.COM RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS WEB SITE OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
GOVERNING LAW
All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law and the laws of the State of New York. You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH SUPPLYVIEW.COM OFFERS YOU ACCESS TO OUR SERVICES. BY PRESSING THE "I ACCEPT" BUTTON, YOU ACCEPT THE TERMS AND CONDITIONS BELOW. ANY VIOLATION OF THESE AGREED TO CONDITIONS MAY RESULT IN BEING DENIED ACCESS TO THE SUPPLYVIEW.COM SITE, WHICH DENIAL SHALL BE AT SOLE DISCRETION OF THE SUPPLYVIEW.COM MANAGEMENT.
We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective without notice.
- Eligibility for Membership. Our services are available only to individuals who can form legally binding contracts to buy or to sell under applicable law.
- Supplyview.com is not directly involved in the actual transaction between buyers and sellers. As a result, it has no control over the quality, safety or legality of the terms offered, the truth or accuracy of the quotes, the ability of sellers to sell items or the ability of buyers to buy items. It cannot and does not control whether or not sellers will complete the sales of items they offer or buyers will complete the purchase of items on which they have bid. In addition, please note that there are risks of dealing with foreign nationals or people acting under false pretense. Because user authentication on the Internet is difficult, Supplyiew.com cannot and does not confirm that each user is who they claim to be. Therefore, you must be careful in dealing with other users to avoid fraud. We provide links, where available, to each user’s home page, which provides company information. However, we do not validate nor guarantee the authenticity of such listings. Because we do not and cannot be directly involved in user-to-user dealings, in the event that you have a dispute with one or more users, you hereby agree that you release and hold harmless Supplyview.com, its agents and employees, from any and all claims, demands and/or damages, actual and/or consequential, 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. Supplyview.com does not guarantee that inventory uploads, RFQs or offers will be displayed accurately, timely, or at all. We also do not guarantee that part searches will yield any results. By its very nature, other people’s information may be harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution—and common sense—when using our site.
- Without limiting any other remedies, Supplyview.com may terminate your account if you are found to have engaged in any type of fraudulent activity in connection with our site. If you mislabel your inventory in any manner, you may be terminated by Supplyview.com without any refund of all prepaid fees, whether used or unused.
- Your information includes any information you provide to us or other users during registration, bidding or listing process, in any public message area or through any email feature (defined herein as "User’s Information"). With respect to User’s information:
4.1 You are solely responsible for User’s Information, and we act as a passive conduit for your online distribution and publication of User’s Information. However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create a liability for us.
4.2 User’s Information and the sale of your item(s) on Supplyview.com: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Furthermore, you may not post on our site or sell through our site any item that, by paying to use the subscription fee, could cause us to violate any applicable law, statute ordinance or regulation.
4.3 Solely to enable Supplyview.com or entities related or unrelated to Supplyview.com to use User’s Information with which you supply to us, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicencensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in User’s Information, in any media now known or not currently known, with respect to User’s Information.
- No Price Manipulation. Sellers may not manipulate the price of their item either by using a shell (a secondary account or third party) or by bidding themselves.
- System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Supplyview.com site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
- Breach of Agreement. Supplyview.com may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, any of your current auctions, and any other information you place on the site if you breach this agreement or if we are unable to verify or authenticate any information you provide to us.
- Limitation of Liability. In no event shall we or our suppliers or members be liable for lost profits or any special, incidental or consequential damages (However arising, including negligence) arising out of or in connection with this agreement. Our liability and the liability of our suppliers, to you or any third parties in any circumstance is limited to the greater of (A) The amount of fees you pay to us in the 12 months prior to the action giving rise to liability, or (B) $100.
- Compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.
- No Agency. You and Supplyview.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement in any way what so ever.
- Notices. Except as explicitly stated otherwise, any notices shall be given by e-mail to info@supplyview.com (in the case of supplyview.com or to the e-mail address you provide to Supplyview.com during the registration process (in your case), or such other address as the party shall specify. Notice shall be deemed given 24 hours e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Supplyview.com during the registration process. In such case, notice shall be deemed given (3) days after the date of mailing.
- You agree that Supplyview.com, in its sole discretion, shall have the right to terminate your access to this site at any time, for any reason, and that Supplyview.com shall not be obligated to disclose such reason to you or refund any part of any fees or charges which are nonrefundable.
- You acknowledge and agree that information disclosed through this site includes trade secrets and proprietary information belonging to Supplyview.com and agree not to copy or disclose said secrets or information to third parties, in whole or in part. You also agree that any passwords supplied to you are non-transferable and may only be used by those parties expressly named in this agreement.
- By registering, you grant Supplyview.com permission to send emails and/or faxes regarding membership information, advertisements, offers, solicitations and any relevant information concerning Supplyview.com or any of its members. This permission will remain in effect even after membership has been cancelled, terminated or suspended either voluntarily by member or by Supplyview.com
- General Provisions
15.1 This agreement shall be governed in all respects by the laws of the state of New York. Both parties submit to jurisdiction in New York and further agree that any cause of action arising under this agreement shall be brought exclusively in a court in Nassau County, New York.
15.2 Supplyview.com does not guarantee continuous, uninterrupted or secure access to its services, and operation of its site may be interfered with by numerous factors outside of its control.
15.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid, survive and be enforced.
15.4 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.5 Supplyview.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
15.6 This agreement sets forth the entire understanding and agreement between the parties hereto with respect to the subject matter herein.COPYRIGHT INFORMATION
Copyright @ 1999, 2000 SUPPLYVIEW.COM, INC. All Rights Reserved.
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