“You” or “Your” means any end user using the SupplyPike platform.
“We,” “us,” “our,” or “SupplyPike” means CaseStack, Inc. d/b/a SupplyPike.
SupplyPike’s service (“Service”) is to connect service providers (“Providers”) to customers (“Customers”). Providers shall offer service products (“Service Products”) to the Customers.
SupplyPike reserves the right to change these Terms at any time; however, we will email you at least thirty (30) days in advance to notify you of the change. If you disagree with the modified Terms before the effective date of the modified Terms, you have the right to terminate the Agreement immediately. If you do not terminate the Agreement before the effective date of the modified Terms, then your continued use of the Site and Service shall constitute as acceptance to the modified Terms. You are responsible for ensuring that we have your correct email address at any time while using the Site or Services.
A. Services Defined
Our Service is to connect Providers to Customers. We are not a party to the transaction between the Provider and the Customer, unless the Customer specifically contracted us as a Provider of the Service Product. This means that you may have to enter into a separate agreement with the Provider or the Customer for the Service Product you wish to purchase. We assume no responsibility for any consequences relating directly or indirectly to any action or inaction of the Providers or Customers or based on the information on the Site. We cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness, timeliness, or service levels of the information on the Site or by the Providers or Customers. You agree not to hold us or any of our directors, officers, employees, affiliates, stockholders, representatives, agents, successors, and assigns liable for any misrepresentations or breach of contract by the Providers or the Customers.
B. Limited License to Use the Site
Except for the rights expressed hereunder, we shall retain all right, title and interest in and to any and all hardware and software systems used to deliver the Services, and the Services themselves. You shall not take any action inconsistent with such ownership or otherwise use any such systems or services in a manner inconsistent with these Terms or with our rights and interests.
C. Unauthorized Use of This Site
The license to use this Site only extends to the uses expressly described herein.
2. Links to Third-Party Sites and Third-Party Content.
A. Compliance with Applicable Law.
Agreement to Comply. Except to the extent expressly set forth in these Terms, you and we will each comply in all material respects with any and all laws and regulations applicable to their respective operations (“Applicable Law”) in connection with the Services and Service Products rendered hereunder.
Licensing. SupplyPike, Providers, and Customers shall each obtain and maintain at all times all licenses, qualifications, permits, and approvals necessary to provide the Services and/or Service Products while providing Services and/or Service Products under these Terms
A. Termination Due to Non-Renewal.
Subject to earlier termination as provided below, this Agreement is for the Initial Service Term as specified in the Order Form, and shall be automatically renewed for the Renewal Service Term listed on the Order Form, unless either party requests termination at least sixty (60) days prior to the end of the then-current term.
B. Termination With Notice or Without Notice Due to Breach
In addition to any other remedies it may have, any party may also terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment) if the other party materially breaches any of the terms or conditions of this Agreement. You will pay in full for the Services and the Service Products up to and including the last day on which the Services and Service Products are provided.
C. Termination upon Occurrence of Insolvency Events
Either party may terminate the Agreement immediately and without further obligation to the other party (except for the obligations incurred or accruing prior to the termination date) upon written notice in the event the other party: (a) becomes insolvent or makes a general assignment for the benefit of creditors, (b) files or has filed against it any petition under applicable bankruptcy, insolvency, reorganization or similar debtor relief law which is not dismissed or discharged within thirty (30) calendar days of such filing, or (c) requests or suffers the appointment of a trustee or receiver, or the entry of an attachment or execution as to a substantial part of its business or assets.
D. Effect of Termination or Expiration
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. Termination of the Agreement shall also result in termination of any Order Form or Statement of Work (“SOW”) entered into hereunder. In the event of termination or expiration, you agree to remit in advance all outstanding balances owed to us.