The Supplicart website (the “Site”) and the services and features it offers (the “Services”) are subject to these Terms of Service (“Terms of Service”). By using the Site and Services, you agree to be bound by these Terms of Service, including Section 16’s requirement that disputes be settled through arbitration and waiver of class actions. If you don’t agree with these terms, please stop using the Site and Services. Your use of the Site or a service on the Site may also be subject to “Additional Terms” that apply to certain services, offers, or features, as well as special promotions, contests, or sweepstakes. If any of the rules in these Terms of Service are at odds with the Additional Terms that come with a certain service, then these Terms of Service will take precedence. No matter what kind of device is used to get to the Site and/or Services, the Terms of Service still apply (e.g., personal computer, a mobile device or any other technology or software known today or developed in the future).
Changes to these rules of service
There may be times when these Terms of Service change without any other warning than putting a new version on the page. If you keep using the Site and Services after we post changes, that means you agree to those changes. Please check this page every so often to see the most up-to-date Terms of Service.
Privacy
Visit our Privacy Policy if you want to know how we use the information we get from you when you use the Site and Services. You agree to be bound by the Privacy Policy when you use the Site and Services.
Your Permission to Get to Site Content
All rights, titles, and interests in the content on the Site, including but not limited to the look and feel of the Site, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs, and content provided by third parties, are the property of Supplicart or those third parties and are protected by copyright, trademark, patent, or other proprietary rights and laws. You are given a personal, non-exclusive, non-transferable, revocable, limited licence to view, copy, print, cache, store, and share content from our Site using a consumer-level web browser, but only for non-commercial purposes. You are not given any other licence or right to use the Site, Services, or any content that can be accessed through the Site or Services, even if it seems like you do. Supplicart keeps any rights that aren’t given outright in these Terms of Service.
You agree to follow all laws when you use the Site and Services, including those about the export of technical data from the United States or the country where you live.
Limits on age
The Site and Services are not for kids under 13 years old, and if you are under 13, you can’t use the Site or Services or make a user profile, if you can. You are saying and promising here that you are at least 13 years old.
Code of Ethics
You agree to follow the following Code of Conduct when you use any part of or feature of the Site or Services.
You may not:
You can’t copy, change, make a copy of, reverse engineer, reverse assemble, or try in any other way to find the source code for the Site or Services.
Remove or cover up the copyright notice or other notices that are displayed with the Site or Services content;
Interfere with or disrupt the Site’s functions, services, servers, or networks that are connected to the Site, or break any rules, policies, or procedures of networks that are directly or indirectly connected to the Site;
Change the Site or Services in any way, or use versions of the Site or Services that have been changed, including (but not limited to) to get unauthorised access to the Site or Services;
Reproduce, print, cache, store, or distribute content from the Site or Services in any way for commercial use without written permission from Supplicart; Sell, assign, sublicense, or otherwise transfer any right to the Services or content available through the Site;
Access the Site or Services in any way other than through the interface that Supplicart provides; Break the rules in any robot exclusion headers on the Site or in the Services, if there are any; Bypass or get around other measures that are in place to stop or limit access to the Site or Services;
Collect or store personal information about other users of the Site or Services; Do anything that would violate the privacy rights of others, such as collecting and sharing information about Internet users without their permission, unless the law allows it; Or Use the Site or Services to break any law (local, state, national, or international), whether on purpose or not.
No automated questioning
You can’t send any kind of automated query to the Site, such as:
using any software that sends queries to see how a website or page “ranks” for different queries; “meta-searching;” and doing “offline” searches on the Site.
You promise that you won’t use the Site or Services to:
Post any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, hateful, or degrades others based on gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or any other classification;
Do something bad to someone or threaten to do so; “stalk” or otherwise bother someone or something else;
Impersonate any person or organisation, including a Supplicart agent, fan, or moderator, or lie about or misrepresent your connection to any person or organisation;
Post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation that has not been asked for or is not authorised;
Spread or send any content that I breaks any law (local, state, national, or international), (ii) infringes or violates any copyright, trademark, trade secret, patent, or other proprietary right (including, but not limited to, using third-party copyrighted materials or trademarks without permission or credit), or (iii) includes third-party information (whether or not it is a trade secret) in violation of a duty of confidence.
Spread or send any worms, viruses, or other harmful, disruptive, or destructive files, code, programmes, or other similar technologies; or post any material that contains software viruses or any other computer code, files, programmes, or other similar technologies that are designed to stop, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Change identifiers to hide the source of any comment you post on the Site; Post any content or give any feedback that violates the privacy rights of others, such as revealing personal or private information about others without their permission; or Help people break these Terms of Service or the Privacy Policy.
Supplicart has the right to take any action it thinks is right if, in its sole and absolute judgement, you have done any of these things or otherwise broken these Terms of Service. Supplicart may remove any of your content, close the account of any user it thinks is breaking the Terms of Service, take away your right to use the Site or Services, or start civil or criminal legal proceedings against you. Transmissions over the Internet are never completely safe.
Feedback and Terms for the Email Newsletter
To send feedback, you must give your name and email address. If you give us your name and email address, you agree that we can contact you through email about the feedback feature. If you sign up for the Supplicart newsletter, we will also send you emails with news and updates about Supplicart’s products and services. You can stop getting emails from Supplicart at any time by emailing us at support@Supplicart or clicking “unsubscribe” at the bottom of each email.
If you choose to send content from the Site via email, you agree to only send it to people who want to receive it and that you won’t use the Site or Services to send spam or do anything else that isn’t allowed.
You’re on your own if you use the site and services.
There are links to other websites or resources on the Site and in the Services. Because Supplicart has no control over these sites and resources, you acknowledge and agree that Supplicart is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You agree that these external sites usually have their own terms and conditions, like privacy policies, that Supplicart has no control over and that will tell you what you can and can’t do when you use them.
Supplicart lets advertisers show ads on the Site so that users can use the Site and Services for free. Your dealings with advertisers and third party vendors you find on or through the Services and/or on the Site, including your participation in promotions, purchases of goods and services, and any terms, conditions, warranties, or representations related to these activities, are between you and the third party advertiser or vendor. Supplicart doesn’t make any promises or warranties about the goods, services, or websites that are advertised, and you agree that Supplicart isn’t responsible for any loss or damage of any kind that you experience as a result of using or relying on any content, goods, services, information, or other materials made available by advertisers and/or third party vendors. You understand that there is a risk to putting content on the Site and/or using the Services, and that any communication could be read by a third party.
You know that if you use the Services, you might be shown content that is offensive, indecent, or otherwise bad. Also, you do so at your own risk if you rely on the accuracy, completeness, or usefulness of any linked third-party websites or resources. Supplicart is not responsible in any way for such content, including, but not limited to, any errors, omissions, or misrepresentations in any linked third party website, or for any loss or damage of any kind you suffer because you use or rely on any linked third party website.
You agree that Supplicart may access, keep, and share your account information and/or any content you submit or make available for inclusion on the Site and/or Services, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for any of the following reasons: (1) to comply with legal process; (2) to enforce these Terms of Service; (3) to respond to claims that any content violates a third party’s rights;
Changes made to the Services
Supplicart has the right to change, suspend, stop, or end the Services (or any part of them) at any time and for any reason, with or without notice. You agree that Supplicart will not be responsible to you or anyone else if the Services are changed, stopped, stopped working, or ended.
Your access to the services will end
We can stop you from using the Site, Services, or your account if: I you break these Terms of Service; or (ii) we decide, in our sole discretion, that (a) some of the comments you’ve made are inappropriate, (b) your use of the Site, Services, or behaviour doesn’t meet our standards, or (c) you have broken these Terms of Service in some other way. You agree that Supplicart may immediately deactivate or delete your account and all related information, and/or bar any further access to your account, the Site, or the Services, if it decides to end your access to the Services. You also agree that Supplicart may do any of these things without giving you advance notice. If you break the Terms of Service by using the Site or Services in a way that isn’t allowed, Supplicart may, at its sole discretion, keep all of the information it has collected about you from using the Site or Services. You also agree that Supplicart is not responsible to you or anyone else if Supplicart stops or ends your access to the Site or Services.
Disclaimers
YOU UNDERSTAND AND AGREE THAT, BY USING THE SITE AND SERVICES,
The site and services are only there to give you information. NO CONTENT ON OUR SITE IS MEANT TO BE MEDICAL, FINANCIAL, LEGAL, OR OTHERWISE PROFESSIONAL ADVICE. Supplicart is not responsible or liable for any actions you take or don’t take based on the information, services, or other content on the site.
YOU ALONE TAKE RESPONSIBILITY FOR HOW YOU USE THE SITE AND SERVICES. The site and services are given “as is” and “when they are available.” Supplicart EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR Supplicart’S PARTICULAR PURPOSE AND NON- INFRINGEMENT.
ORG DOES NOT PROMISE OR WARRANT THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, SECURE, CURRENT, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE AND SERVICES WILL BE ACCURATE, ON TIME, USEFUL, OR RELIABLE.
ANY MATERIAL YOU GET FROM USING THE SITE OR SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR LOSS OF DATA THAT COMES FROM YOUR DOWNLOAD OR USE OF ANY THIRD-PARTY SOFTWARE OR MATERIAL.
Limiting who is responsible
YOU UNDERSTAND AND AGREE THAT Supplicart, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE
THE USE OF, OR THE INABILITY TO USE, THE SITE OR SERVICES, THE COST OF PROCURING SUBSTITUTE SERVICES, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, RELIANCE ON CONTENT OR POSTINGS ON THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT Supplicart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to hold Supplicart, its subsidiaries, and affiliates, as well as their officers, directors, employees, and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages, or costs of any kind, including, but not limited to, reasonable attorneys’ fees and costs of litigation, resulting from or in any way related to (a) content you post to the Site or otherwise display or transmit through the Services, (b) your use of the Services, or (c) your
Protecting copyrights and trademarks
Everything on this website is: 2014 Supplicart. All rights reserved. Every right is kept. Supplicart owns all of the logos, marks, product names, and service names that appear on the Site. These are called “Supplicart Marks,” and they are protected by U.S. and international trademark laws. You agree not to show or use the Supplicart Marks in any way without written permission from Supplicart first. If you want to use any of the Supplicart Marks, you need to write to Supplicart at the following address:
support@Supplicart is for Supplicart, Inc.
Notice for Claims of Infringing on Copyright
Supplicart respects the intellectual property rights of others, and those who visit the Site and use the Services are expected to do the same. Supplicart may remove or block access to content on the Site or Services that violates the copyright rights of others, depending on the situation and at our own discretion. Supplicart may also, at our own discretion, remove or disable links or references to an online location that has infringing content or activities. Supplicart’s Digital Millennium Copyright Act repeat infringer policy says that if a visitor to the Site or a user of our Services repeatedly violates the copyrights of others, Supplicart has the right to take away that person’s right to use the Site and/or Services.
If you think that your work has been used in a way that violates your copyright on Supplicart’s Site or as part of its Service, please send a written notice to Supplicart’s copyright agent. This information should be included in the notice:
A physical or electronic signature of someone who is authorised to act on behalf of the owner of the copyright that was allegedly violated;
A description of the copyrighted work you say was violated, along with a copy of the work or the web address of the page where the work can be found;
a description of where the material you think has been stolen is on the Site or Services, or a link or reference to another site that has the material you think has been stolen;
Your name, address, email address, and phone number;
A statement from you saying that you have a good faith belief that the copyright owner, the agent of the copyright owner, or the law does not allow the disputed use of the material at issue; and
A statement from you saying that the information in this notice is true, and a statement under penalty of perjury that you own the rights to the allegedly infringed material or are authorised to act on behalf of the owner of the rights.
Supplicart’s copyright agent can be reached at support@Supplicart if there are claims of copyright infringement on the Site or in connection with the Services.
Laws that apply
The laws of the State of California apply to these Terms of Service and your relationship with Supplicart, even though some of those laws may seem to conflict with each other.
Arbitration that is binding and a waiver of class actions
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS.
Arbitration is not the same as going to court. The rules are different, and there is no judge or jury at an arbitration. THE AWARD IS FINAL AND BINDING, AND A COURT CAN ONLY REVIEW IT IN CERTAIN WAYS.
General
By using the Site and Services, you and Supplicart agree that any disputes arising from the use of the Site or Services or any interpretation, violation, non-performance, termination, or invalidity of these Terms of Service or this arbitration provision (including questions about its formation and enforceability) will be settled by final and binding arbitration under the Commercial Rules of Arbitration of the American Arbitration Association. Despite these rules, however, this proceeding will be governed by the laws of the state of California, as described in section 15 above. You agree to binding arbitration either in San Francisco, California, or in the county where you live. Supplicart is willing to start the arbitration process in the county where you live. Supplicart will consider your written request to advance or reimburse any arbitration filing fee, administrative fee, or hearing fee that you must pay to file a claim in arbitration. The arbitrator will decide in the end who will have to pay these fees. Supplicart will not ask you to pay arbitration filing, administrative, or hearing fees that are more than what you would have paid in court if the claim had been settled there.
If this clause is used to start an arbitration, the only thing that can be decided is how much money each party has to pay. There can’t be any other injunctions or directions given to either side other than how much money they have to pay. Also, in any arbitration started under this section, the arbitrator(s) won’t be able to give punitive, consequential, or other damages that aren’t based on the winning party’s actual damages, unless the law says so.
Waiver of Class Action
Any steps taken to settle a disagreement will be done on an individual basis. You and Supplicart both agree that neither of you will try to have a dispute heard as a class action, a private attorney general action, or in any other way where either of you acts or wants to act as a representative. No arbitration proceeding can be put together with another one without the written permission of all parties to the first proceeding.
NO RIGHT TO A TRIAL BY A JURY FOR AN ARBITRARY CLAIM.
YOU AND WELLNESS ROUND ALSO WAIVE THE RIGHT TO A JURY TRIAL FOR ANY ARBITRARY CLAIM. IF FOR ANY REASON THIS SECTION 16 IS FOUND NOT TO APPLY TO AN ARBITRATION CLAIM, WHETHER THAT ARBITRATION CLAIM IS AGAINST YOU, Supplicart, OR Supplicart INDEMNIFIED PARTIES, BOTH YOU AND Supplicart STILL AGREE TO WAIVE TRIAL BY JURY FOR THAT ARBIT By using the site or services, you give up your right to a trial by jury.
Exception
Even though the parties agreed to settle all disputes through arbitration, this agreement doesn’t stop Supplicart from filing claims to protect its intellectual property rights and/or stop unfair competition, misappropriation of trade secrets, unauthorised access, fraud or computer fraud, and/or industrial espionage. To the extent allowed in Section 16, neither party is prevented from asking a court in San Francisco for temporary relief, such as a temporary restraining order, a preliminary injunction, or a receivership, while arbitration or full litigation is going on.
How These Terms of Service Can Be Broken Down
If a court or other binding authority decides that any part of these Terms of Service is invalid, the rest of the Terms of Service will still be in full force and effect.
Supplicart can only be used so many times.
You agree that any claim or cause of action arising out of your use of the Site or Services or these Terms of Service must be filed within one year after such claim or cause of action arose or it will be forever barred, despite any statute of limitations or other law to the contrary. Within this time frame, Supplicart’s failure to enforce or use any part of these Terms of Service or any related right does not mean that it is giving up that right or that part of the Terms of Service.
Third Parties Who Stand to Gain
You agree that, other than Supplicart and as otherwise stated in these Terms of Service, this agreement won’t help any third parties.
Titles of Sections
The titles of the sections in this Terms of Service are just for your convenience; they don’t mean anything legally or contractually.
How to get in touch
If you have any questions or concerns about these Terms of Service or the Site and Services, please contact our Customer Support at support@Supplicart.