Terms of Use Agreement

Last updated: March 22, 2022

ACCEPTANCE OF TERMS
Your use of the SupplyPike, Inc. Website (the “Site”), services and/or applications, software (including Software as a Service) and other products (collectively, the “Services”) is subject to this Terms of Use Agreement (the “TOU Agreement”). BY ACCESSING, BROWSING AND/OR ORDERING AND USING A PRODUCT AND/OR SERVICE (referred to as “Use” or “Using” the Services), YOU ARE DEEMED TO ACCEPT THIS TOU AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TOU AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TOU AGREEMENT, DO NOT USE THE SERVICES.

The Site is for U.S. residents only, unless indicated otherwise.

USE OF INFORMATION: ANY INFORMATION PROVIDED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY.


REVISIONS TO THE TOU AGREEMENT
SupplyPike may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the SupplyPike home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of the TOU Agreement will always be made available by us here: https://www.supplypike.com/terms-of-service. Please check this page from time to time to view the most current TOU Agreement.


SUPPLYPIKE INTELLECTUAL PROPERTY RIGHTS
The Services and all photographs, information, data, text, reports, documentation, software, music, sound, graphics, video, messages, tags or other materials (the “Content”) are intended for your personal or internal business use.  The Content provided by the Services is protected by United States and international copyright laws.  All software used on and provided by the Services is the property of SupplyPike or our licensors and protected by United States and international copyright laws.  You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissassemble, decrypt, perform, reproduce, create derivative works from, or in any way exploit any of the Services,  in whole or in part.  Downloading or copying Services and/or Content is expressly prohibited without the prior written permission of us or any other copyright owner.  You acknowledge that you do not acquire any ownership rights by downloading or copying any of the Services and/or Content, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

All rights not expressly granted herein are reserved.


SUPPLYPIKE PRIVACY POLICY
Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you Use the Services. Please review the Privacy Policy before you Use the Services. Our Privacy Policy may be viewed here: https://www.supplypike.com/privacy-policy.


AUTOMATED QUERIES ARE NOT ALLOWED
Automated queries may never be sent by you to our Services unless SupplyPike has provided you with express written permission. “Sending automated queries” includes, among other things:
  1. using any software which sends queries to our Site to determine how a Website or Webpage “ranks” for various queries;
  2. “metasearching”; and
  3. performing “offline” searches on the Site.

SERVICE MATERIALS
    • You agree to:
    • only Use (or attempt to Use) the Services through interfaces provided by SupplyPike; and
    • comply with the instructions in any robots.txt file present on the Services.
    • You agree to not Use the Services to:
    • engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
    • harm or threaten to harm users in any manner;
    • harm or threaten to harm minors in any manner;
    • stalk or harass any person or entity;
    • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
    • infringe, misappropriate or violate any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
    • engage in activity that may interrupt, destroy or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
    • disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;
    • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
    • intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
    • use the Services to advertise or perform any commercial solicitation;
    • provide material, support or resources (or to conceal or disguise the nature, location, source, or ownership of material, support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs;
    • systematically retrieve data or other content from the Site and/or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
    • use a buying agent or purchasing agent to make purchases on the Site;
    • circumvent, disable, or otherwise interfere with security-related features of the Site and/or Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site, the Services and/or the Content contained therein;
    • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
    • make improper use of our support services or submit false reports of abuse or misconduct;
    • 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;
    • sell or otherwise transfer your profile;
    • use the Site and/or Services as part of any effort to compete with us or otherwise use the Site and/or Services for any revenue-generating endeavor or commercial enterprise;
    • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site and/or the Services;
    • attempt to bypass any measures of the Site and/or Services designed to prevent or restrict access to the Site and/or Services, or any portion of the Site and/or Services;
    • delete the copyright or other proprietary rights notice from any Content;
    • copy or adapt the Site’s and/or Service’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
    • 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 and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site and/or Services; and/or
    • 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”).
    • You acknowledge, consent and agree that SupplyPike may access, preserve and disclose your account information (if such information exists) if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SupplyPike, its users and the public.
INTERSTATE DATA TRANSMISSIONS
You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected and that use of these materials is subject to usage rules set by SupplyPike and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.

By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of SupplyPike’s network architecture, business practices and the manner in which electronic communications are processed.


INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


IDEMNITY
You agree to indemnify, defend and hold harmless SupplyPike and its affiliates, subsidiaries, officers, directors, agents, employees, partners, licensors, service providers and suppliers from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your Use or misuse of the Services, your connection to the Services, your violation of the TOU Agreement, or your violation of any rights of another.


NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, Site and/or Content.


MODIFICATIONS TO SERVICES
SupplyPike may modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that SupplyPike shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

TERMINATION
You agree that SupplyPike may, under certain circumstances and without prior notice, immediately terminate your access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination includes (a) removal of access to all offerings within the Services and (b) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in SupplyPike’s sole discretion and that SupplyPike shall not be liable to you or any third party for any termination or access to the Services.


ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SupplyPike shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.


LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SupplyPike has no control over such sites and resources, you acknowledge and agree that SupplyPike is not responsible for the availability of such external sites or resources, and does not endorse, approve, recommend or certify and is not responsible or liable for any content, advertising, products, policies, services or other materials on or available from such sites or resources. You further acknowledge and agree that SupplyPike shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, policies, goods or services available on or through any such site or resource.


DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICES, SITE AND CONTENT IS AT YOUR SOLE RISK.  THE SERVICES, SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUPPLYPIKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

SUPPLYPIKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES, CONTENT OR OTHER MATERIAL ACCESSED, PURCHASED OR OBTAINED BY YOU FROM THE SERVICES OR ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, ERRORFREE, OR WILL BE ACCURATE OR RELIABLE OR THAT OUR SITE OR THE SERVER THAT MAKES A SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) THE QUALITY OF SERVICES, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM THE SERVICES WILL MEET YOUR EXPECTATIONS; AND (iii) ANY ERRORS IN THE SERVICES (INCLUDING ANY SOFTWARE) WILL BE CORRECTED.

ANY MATERIAL UPLOADED, TRANSMITTED, OR DOWNLOADED FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, APPLICATIONS, OR SOFTWARE, OR MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND SUPPLYPIKE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPPLYPIKE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR MOBILE DEVICE OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY.  IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES.  IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.


LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND, ACCEPT, ACKOWLEDGE AND AGREE THAT SUPPLYPIKE, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, INABILITY TO USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATING TO THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.

YOU EXPRESSLY UNDERSTAND, ACCEPT, ACKNOWLEDGE AND AGREE THAT SUPPLYPIKE, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY OF YOUR AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS FOR DIRECT DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN AN AMOUNT GREATER THAN THE AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.


EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 16 MAY NOT APPLY TO YOU.


ADDITIONAL DISCLAIMERS
SOME OF THE MATERIAL ON THE SITES MAY BE PASSWORD-PROTECTED AND ACCESS TO THESE AREAS IS RESTRICTED TO AUTHORIZED USERS ONLY. THE USER IN PASSWORD-PROTECTED AREAS IS RESPONSIBLE FOR ANY USE AND MIS-USE OF THE PASSWORD AND MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD.


NO THIRDPARTY BENEFICIARIES
This TOU Agreement is not enforceable by or for the benefit of any third-party.


TRADEMARKS
Without SupplyPike’s prior permission, you agree not to display or use in any manner the SupplyPike marks.


GENERAL INFORMATION
VIOLATIONS
Please report any violations of this TOU Agreement to the following:

legal@supplypike.com
Attention: LEGAL

SUPPLYPIKE, INC.
3739 N Steele Blvd, Ste 300
Fayetteville, AR 72703
United States

479-385-7472


EFFECTIVE DATE: March 22, 2022, as amended on February 21, 2022