Last updated July 12th, 2021
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You will be responsible for all data transmission, including those containing business information, account registration, account holder information, financial information, Client Data, and all other data of any kind contained within emails or otherwise entered electronically through the Service or under Client’s account. SupplyPike will act as though any communications it receives under Client’s passwords, user name, and/or account number will have been sent by Client. Client shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and shall promptly notify SupplyPike of any unauthorized access or use of the Service and any loss or theft or unauthorized use of any Authorized User’s password or name and/or Service account numbers. You agree and acknowledge ownership over all right, title, and interest in and to any data provided or made available to SupplyPike hereunder in order to allow for the provision of the Service (collectively, “Client Data”), including all intellectual property rights therein. Client grants to SupplyPike (which shall for this purpose include SupplyPike’s third party technology contractors and vendors who have a need to access or use the Client Data) a non-exclusive, royalty-free, fully paid-up license to access and use such Client Data during the term of any applicable subscription, for the purpose of providing the Service to, and improving the Service for, Client. In addition, SupplyPike shall be permitted to use any Client Data and other data generated in connection with the Service (e.g., types of web applications utilized), provided, however, in the event SupplyPike provides such data to third parties, it shall be anonymized and presented in the aggregate so that it cannot be linked specifically to Client or any Authorized User. The foregoing shall not limit in any way SupplyPike’s confidentiality obligations. Client acknowledges and understands that SupplyPike is not obligated to back up any Client Data and that Client is solely responsible for creating backup copies of any Client Data at Client’s sole cost and expense. Client is also solely responsible for any and all of its use of Client Data and the consequences of, and requirements for, distributing it.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.We accept the following forms of payment:- Visa - Mastercard - American Express - Discover You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. If a payment is not successfully settled, due to insufficient funds, incorrectly provided payment method, or otherwise, and you do not cancel your account, we reserve the right to suspend your access to the service until we have successfully charged a valid payment method. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
We offer a 14-day free trial to new users who register with the Site. The account will be charged according to the user’s chosen subscription at the end of the free trial.
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at email@example.com
or call us at (479) 385-7472
CONFIDENTIALITY AND SECURITY
“Confidential Information” means any information of a Party or third party information under the control of a Party that (i) is marked confidential, proprietary or with a similar legend, or (ii) is treated as confidential by the disclosing Party and would reasonably be understood to be confidential by the receiving Party, whether or not so marked. Confidential Information includes, but is not limited to, technical data, trade secrets, know-how, research, product plans, products, services, software, developments, inventions, processes, formulas, algorithms, data and databases, technology, designs, drawings, engineering, hardware configuration information, and any other confidential or proprietary business information disclosed to the receiving Party by the disclosing Party, directly or indirectly, in writing, orally, or by drawings or inspection of parts or equipment. SupplyPike’s Confidential Information includes all SupplyPike Technology and the terms and conditions of this Agreement. Notwithstanding, nothing received by a receiving Party shall be construed as Confidential Information which: (i) is now available or becomes available to the public without breach of this Agreement; (ii) is lawfully obtained from a third party without a duty of confidentiality; (iii) is known to the receiving Party prior to such disclosure; or (iv) is, at any time, developed by the receiving Party independent of any such disclosure(s) from the disclosing Party and the receiving party can prove such independence by clear and convincing evidence. The receiving Party shall not disclose the disclosing Party’s Confidential Information to any third party (other than as set forth herein) and may only use the disclosing Party’s Confidential Information for the intended business purpose related to this Agreement and for the benefit of the disclosing Party. Both Parties shall protect Confidential Information from disclosure or misuse by using the same degree of care as for their own confidential information of like importance, but shall at least use reasonable care. Both Parties agree to have each of their authorized personnel (and, in the case of SupplyPike, its technology contractors and vendors) with access to any Confidential Information agree to be bound by an enforceable agreement that ensures the protection of the Confidential Information from disclosure. It is understood that said Confidential Information shall remain the sole property of the disclosing Party unless otherwise expressly set forth herein. A receiving Party may disclose the other Party’s Confidential Information if the information is required by law to be disclosed in response to a valid order of a court of competent jurisdiction or authorized government agency, provided that the receiving Party must give the disclosing Party prompt written notice and obtain or allow for a reasonable effort by the disclosing Party to obtain a protective order prior to disclosure.
Client represents and warrants that: (i) Client is either the sole author and owner of all Client Data and other Client information provided to SupplyPike or has the right to distribute the same because Client has the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the Client Data and other information; (ii) the Client Data, Client’s provision of the Client Data to SupplyPike and SupplyPike’s use of and access to the Client Data in accordance with the terms of this Agreement do not and will not infringe, misappropriate, or otherwise violate any copyright, trade secret, patent, trademark, or other intellectual property right of any third party; (iii) the Client Data is not deceptive, defamatory, obscene, or unlawful; and (iv) the Client Data does not contain any viruses, worms or other malicious computer programming codes that could damage SupplyPike’s systems or data.
SupplyPike will take and maintain commercially reasonable administrative, physical, and technical safeguards to protect the security and integrity of Client Confidential Information and any Client Data from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However Client understands that no transmission over the Internet and no data storage method can be guaranteed to be safe 100% of the time. SupplyPike cannot and does not ensure or warrant the security of any Client Data or other information Client transmits to SupplyPike. SupplyPike cannot and does not guarantee that Client Data stored by SupplyPike or its third party providers may not be accessed, disclosed, altered, or destroyed by breach of any of SupplyPike’s industry standard physical, technical, or managerial safeguards. Client is responsible for securing DSL, cable or another high speed Internet connection and up-to-date “browser” software in order to utilize the Service.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
6. Engage in unauthorized framing of or linking to the Site.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
10. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
11. Attempt to impersonate another user or person or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site in order to harass, abuse, or harm another person.
14. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
18. Delete the copyright or other proprietary rights notice from any Content.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
21. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
24. Use the Site in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
AGREEMENT AND PERMISSION USE OF ORGANIZATION LOGO
You give permission for SupplyPike to publish and/or use your organization logo or registered mark for all purposes connected with the business of SupplyPike. It is understood that SupplyPike may use said logo or mark for advertising relating to SupplyPike, the SupplyPike.com
website, partner websites, and all other purposes related to SupplyPike and its mission. SupplyPike may use your organization’s logo or mark for these purposes without further permission or acquiescence by the organization, and the organization hereby releases SupplyPike from all liability relating to the publication or use of the logo/mark.
U.S. GOVERNMENT RIGHTS
MODIFICATIONS AND INTERRUPTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
3739 N Steele Blvd, Ste 300
Fayetteville, AR 72703
Phone: (479) 385-7472