Terms & Conditions
SUPPLY SMART maintains this site (“Site”) for your personal information, education, and communication. Please feel free to browse the Site. Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and SUPPLY SMART are superseded and have no force or effect.
License
SUPPLY SMART grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of SUPPLY SMART. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SUPPLY SMART. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SUPPLY SMART and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SUPPLY SMART’ name or trademarks without the express written consent of SUPPLY SMART. Any unauthorized use terminates the permission or license granted by SUPPLY SMART.
The compilation of all content on this site is the exclusive property of SUPPLY SMART and protected by U.S. and international copyright laws. All software used on this site is the property of SUPPLY SMART or its software suppliers and protected by United States and international copyright laws.
Site Access
Your browsing of the Site is at your risk. Neither SUPPLY SMART nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUPPLY SMART also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, including, but not limited to, data, text, images, video, or audio from the Site.
SUPPLY SMART neither warrants nor represents that your browsing of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with SUPPLY SMART.
SUPPLY SMART’ performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of SUPPLY SMART’ right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by SUPPLY SMART with respect to such use. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SUPPLY SMART with respect to this Site.
You agree that SUPPLY SMART may at any time and without notice change the terms, conditions and notices under which this Site is offered.
Site Misinformation
Although we strive to make our site as error free as possible, we unfortunately occasionally offer information or pricing that is not correct or accurate. At the discretion of SUPPLY SMART we may modify orders, cancel orders, or take whatever appropriate actions as we deem necessary to alleviate the situation. In the event information we provide results in property, physical, or other harm, we assume no liability. SUPPLY SMART reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
SUPPLY SMART shall not be held responsible for typographical errors and will not be held responsible for any liability associated with misprints, errors and/or pricing discrepancies in the online publication.
Copyright and Trademarks
You should assume that everything you see or read on the Site is copyrighted or subject to trademark protection, unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of SUPPLY SMART. SUPPLY SMART neither warrants nor represents that your browsing of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with SUPPLY SMART.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SUPPLY SMART or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SUPPLY SMART and protected by U.S. and international copyright laws. All software used on this site is the property of SUPPLY SMART or its software suppliers and protected by United States and international copyright laws.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of SUPPLY SMART and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SUPPLY SMART or the third party owner of such Trademark. Your misuse of the Trademark, or any content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that SUPPLY SMART will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Reproductions
No part of this online catalog may be reproduced without the expressed written consent of SUPPLY SMART.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use SUPPLY SMART.com only with involvement of a parent or guardian. SUPPLY SMART and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by SUPPLY SMART or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, SUPPLY SMART is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
Product Orders
While we will use our best efforts to fulfill all orders, SUPPLY SMART cannot guarantee the availability of any particular product displayed on this Site. SUPPLY SMART reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. SUPPLY SMART reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
General
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF SUPPLY SMART OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. NO WARRANTIES; EXCLUSION OF LIABILITY SUPPLY SMART MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SUPPLY SMART SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. SUPPLY SMART SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SUPPLY SMART, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Disputes
SUPPLY SMART has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
With the prior agreement of SUPPLY SMART, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Ontario, CA USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that SUPPLY SMART may at any time and without notice change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and SUPPLY SMART as a result of this agreement or your use of this Site. SUPPLY SMART’ performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of SUPPLY SMART’ right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by SUPPLY SMART with respect to such use. This agreement, the privacy statement, and terms of sale constitute the entire agreement between you and SUPPLY SMART with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SUPPLY SMART with respect to this Site. No modification of this agreement shall be effective unless it is authored by SUPPLY SMART or its affiliates, or unless it is physically signed in blue ink by a SUPPLY SMART officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by SUPPLY SMART in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by SUPPLY SMART in printed form.
Contact
If you have any questions about this agreement, please send any questions or concerns in writing to:
SUPPLY SMART
Attn: Marketing Department
1605 Research Circle
Rockwall, TX 75032
Although SUPPLY SMART will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), SUPPLY SMART does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.