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SUBSCRIPTION SERVICE AGREEMENT
SUPPLYLEVEL INC.
®™
SupplyLevel.com, .ca, .biz, .org, .net,
.us -
Service Agreement
Last Updated:
NEW - September 2008
AGREEMENT BETWEEN YOU AND
SUPPLYLEVEL INC.
This Subscription Service
Agreement (this “Agreement”) is an
agreement between SupplyLevel Inc. (or,
if applicable, one of its affiliates)
and you (an individual or a business
entity).
Please read
this Agreement carefully. BY
SUBSCRIBING TO AND/OR USING ANY PART OF
THE SERVICE, YOU AGREE TO BE BOUND BY
THIS AGREEMENT, INCLUDING ANY
MODIFICATIONS FROM TIME TO TIME. If you
do not agree to this Agreement, do not
subscribe to or use the Service.
Discounts may be offered by SupplyLevel
Inc. to its clients at any time!
1. SERVICE.
The Service is an ecommerce marketing
service made up of various features and
functionality which allows you to post
for sale or purchase products and
services of which your business
specifies. SupplyLevel Inc. is the
marketing system only and is not in the
business of procuring, selling or
trading of its own products or services.
2. TERM OF
AGREEMENT.
The term of this
Agreement will begin on the date you
accept it and will continue at a rate
receipted at that date annually for a period of three
years from a period beginning January 1
of the year you accept this agreement
until December 31st of the
year in which the agreement takes place
for the a three year period unless
otherwise terminated as set forth in
this Agreement. Service fees based on
the annual service fees are not prorated
regardless of the portion of the year in
which you enter this agreement.
3. SUBSCRIBING TO
THE SERVICE
a. The Service does
not include Internet access. You
acknowledge and agree that you must: (a)
provide for your own access to the
Internet and pay any service fees
associated with such access, and (b)
provide all equipment necessary for you
to make such connection to the Internet,
including a computer and modem. The
Service is guaranteed to operate only
with a compatible version of
SupplyLevel
Inc. Internet Explorer 6 or greater with
an adequate PC system to manage and view
web pages developed by SupplyLevel Inc.
(the “Software”).
b. You
must have Internet access, have a valid
Windows account and subscribe to one of
the Service offers of
SupplyLevel
Inc. before you can use the
Service. If you do not have a valid
subscription to one of the Service
offers, you cannot use the Service to
generate purchases or sell products,
participate in email or marketing
campaigns to any person, company or
legal entity.
c. You may subscribe to any of the
Service offerings by clicking on the
appropriate menu item from within the
Web Site. The Service to which you
subscribe will begin after SupplyLevel
Inc. receives and processes all of the
information requested in the sign-up and
subscription process.
4. YOUR USE OF THE
Service
a. Your right to use
the Service is limited to you. You are
solely responsible for Your Service
account and Your SupplyLevel Inc.
account.
b. This
Agreement gives you only certain rights
to use the Service. SupplyLevel Inc.
reserves all other rights. Unless
applicable law gives you more rights
despite this limitation, you may use the
Service only as expressly permitted in
this Agreement.
c. You may use the
Service only in connection with items
listed and e-mail lists (“Mailing List”)
for which recipients have voluntarily
registered. If you use the Service to
create a "Mailing List" outside of
SupplyLevel Inc’s systems, you may be
removed from service and is considered a
breach of the SupplyLevel Inc. agreement
and you. You agree to honour the request
of either the owner of any e-mail
address and SupplyLevel Inc. to remove
that address from a Mailing List stored
by you. You may NOT establish additional
terms and conditions that may be applied
to persons subscribed to Your Mailing
Lists.
Using the Service to send
e-mail to an address you obtained
without the consent of such addressee is
a violation of this Agreement and
SupplyLevel Inc.’s Anti-Spam Policy.
You may not access the mailing lists of
third parties other than for approved
purposes (if any) of SupplyLevel Inc.,
and you may not access or otherwise use
such third party mailing lists in
connection with preparing or
distributing unsolicited e-mail to any
third party related to products or
services of SupplyLevel Inc. You may
not import any e-mail addresses to your
Mailing List that have not chosen to
receive your mailings or is otherwise
against SupplyLevel Inc.’s Policy. You
may send e-mail only to customers that
have willingly signed-up to receive your
mailings or is has agreed to purchase
products or services of SupplyLevel Inc.
You may not use the
Service or any communication tool
available through this Service to
transmit, directly or indirectly, any
unsolicited email bulk communications
outside SupplyLevel Inc.’s Web Systems.
You may not harvest information about
recipients of your mailings or from
e-mail lists for the purpose of sending,
or to facilitate the sending, of
unsolicited bulk email communications.
You may not send e-mail
under any company or organization name
other than your own. In addition,
you may not allow others
to use your account to violate this
Agreement. SupplyLevel Inc. may
terminate or suspend your account
immediately and take other legal action
if you or anyone using your account
violates these provisions. SupplyLevel
Inc. may take any technical remedies it
deems appropriate to prevent unsolicited
bulk e-mail communications from
entering, utilizing, or remaining within
its computers or communications
networks.
d. The
functionality used to provide the
Service is engineered to allow you to
use the Service in certain ways. You
must comply with these technical
limitations. You may not: (1)
work around the technical
limitations in the Service or the
software which provides the Service; (2)
modify, create derivative works from,
reverse engineer, decompile or
disassemble or otherwise attempt to
discover any trade secret contained in
the Service or in any software or system
used by SupplyLevel Inc. in connection
with providing the Service, except and
only to the extent that applicable law
expressly permits you to do so despite
this limitation; or (3) transfer, sell,
rent, lease, lend, or use the Service,
or any software or system used to
provide it, for commercial software
hosting Service. You may not interfere
with or disrupt the Service servers,
databases or any network connected to
them.
5. CHANGES TO
SERVICE; MODIFICATIONS TO THIS AGREEMENT
a. SupplyLevel Inc.
may, in its sole discretion, provide
updates, supplements and additional
features, functionality and content of
the Service. If it does, this Agreement
applies to them, unless other terms
accompany those items. Furthermore,
SupplyLevel Inc. may change the Service
at any time for any reason without
notice to you, including terminating
features, any offering or availability
of the Service altogether.
b. You are
responsible for reviewing this Agreement
from time to time. If SupplyLevel Inc.
makes a material change to this
Agreement, SupplyLevel Inc. will notify
you at least thirty (30) days before the
change is scheduled to become effective.
SupplyLevel Inc. may notify you by
posting a message on the website at
http://www.supplylevel.com, by email at
the email address that you provided to
SupplyLevel Inc. during the sign-up
process for the Service, or other means,
stating that there has been a change to
this Agreement.
You agree that
SupplyLevel Inc. may send you email for
purposes of informing you of changes in
this Agreement or changes to the
Service. If you do not agree to the
change(s), you must cancel or stop using
the Service before the changes become
effective. Your continued use of the
Service after the effective date of the
changes constitutes your acceptance of
the agreement to such change(s).
6. FEES, PAYMENT
AND BILLING
a. Not
Applicable to Some Situations.
If the Service is available without a
fee, then this Section 6 will not apply.
If the Service is provided for a fee
paid to SupplyLevel Inc. (either
currently, or in the future), then the
terms of this Section 6 apply to you and
in all situations in which you directly
pay SupplyLevel Inc. Even if you do not
pay for the Service, You may still incur
charges incidental to using the Service;
for example, charges for Internet
access, mobile text messaging, or other
data transmissions as part of
SupplyLevel Inc.’s systems.
b. Payment.
When you create a billing account, you
enter your payment method. You must be
authorized to use the payment method.
You authorize SupplyLevel Inc. to
charge you for the Service using your
payment method
and for any paid feature
of the service for which you choose to
sign-up or use while this Agreement is
in force.
You will pay any fees or charges for
the Service in advance. SupplyLevel
Inc. may charge you a different amount
than what you approved. If it is a
greater amount, SupplyLevel Inc. will
tell you the amount and the date of the
charge at least 10 days before
SupplyLevel Inc. makes the charge. Also,
we may charge you up to the amount you
have approved, and notify you in advance
of the difference. SupplyLevel Inc. may
bill you for more than one of your prior
billing periods together at your
discretion. If SupplyLevel Inc. informed
you that the Service will be provided
indefinitely or automatically renewed,
we may automatically renew your service
and charge you for any renewal term.
Payments will be billed for the next
term on January 1 of the year in which
the Service will commence within the
three year term as part of this
agreement.
c. Updates to
Your Billing Account. You must
keep all information in your billing
account current, including your billing
address and the expiration date of your
credit card if required. You can access
your billing account at SupplyLevel Inc.
billing at
http://www.supplylevel.com/clientlogin.asp.
where you can make changes to your
billing account. You may notify
SupplyLevel Inc. of a change in your
payment method at any time. If you tell
us to stop using your payment method
entirely, SupplyLevel Inc. may cancel
your service and your will be
responsible for the balance of the three
year Subscription Contract.
Your notice to us will
not affect charges we submit to your
billing account before we reasonably
could act on your request.
d. Trial Period
Offers or Discounts. You may
have received a limited time of free
service or some other trial period
offer. Unless SupplyLevel Inc. notifies
you otherwise, if you are participating
in any trial period offer, you must
cancel the Service by the end of the
trial period to avoid incurring charges.
If you do not cancel your Service, and
SupplyLevel Inc. has informed you that
the Service will automatically be
converted into a paid subscription at
the end of the trial period, then you
authorize SupplyLevel Inc. to charge
your payment method for the Service.
e. Fees
and Fee Increases. The fee for
the Service excludes all taxes and phone
charges, unless stated otherwise. These
taxes and charges are your
responsibility. Currency exchange
settlements are based on your agreement
with your payment method provider.
SupplyLevel Inc. may change the fee of
the Service from time to time, but we
will inform you before doing so.
SupplyLevel Inc. will not modify charges
of Service with Subscription contracts
until the three year term has expired.
· If there is a specific
time length and fee for your Service
offer, then that fee will remain in
force for that time. After the offer
period ends, your use of the Service
will be charged at the new fee.
· If your Service is on a
period basis (for example, yearly), with
no specific time length, then
SupplyLevel Inc. will tell you the date
of any fee change. That date will be not
less than 30 days after we tell you of
the fee change.
If you do not agree to
these changes, then you must cancel and
stop using the Service before the
changes take place. If you cancel your
subscription to the Service, then Your
Service ends at the end of your current
Service time length or, if SupplyLevel
Inc. bills your account on a period
basis, at the end of the period in which
you cancelled. (at the end of the three
year term)
f. Refund
Policies. Unless otherwise
provided by law, all charges are
non-refundable unless stated otherwise.
g. Online
Statement; Errors. SupplyLevel
Inc. will provide you with an online
billing statement. This is the only
billing statement that SupplyLevel Inc.
provides. Go to Your Account at
http://www.supplylevel.com/clientlogin.asp to view, print
or request a paper copy of this
statement. If you request a paper copy,
we may charge you a retrieval fee. We
will only provide paper copies for the
past 60 days. If we make an error on
your bill, we will correct it promptly
after you tell us and we investigate the
charge. You must tell us within 30 days
after an error first appears on your
bill.
You release us from all
liability and claims of loss resulting
from any error that you do not report to
us within 30 days after the error first
appears on your online statement.
If you do not tell us within this time,
SupplyLevel Inc. will not be required to
correct the error.
h. Late
Payments. Except to the extent
prohibited by law, SupplyLevel Inc. may
assess a late charge if you do not pay
on time. You must pay these late charges
when we bill you for them. The late
charge will be the lesser of 2% of the
unpaid amount each month or the maximum
rate that is permitted by law.
SupplyLevel Inc. may use a third party
to collect past due amounts. You must
pay for all reasonable costs SupplyLevel
Inc. incurs to collect any past due
amounts. These costs may include
reasonable attorneys’ fees and other
legal fees and costs.
i. Default.
SupplyLevel Inc. may suspend or
cancel your access to the Service if you
fail to pay the fee for the Service in
full on time. If your payment method
provider seeks return of payments
previously made to SupplyLevel Inc., but
SupplyLevel Inc. in good faith believes
that you are liable for the charges,
then, subject to applicable law,
SupplyLevel Inc. may seek payment from
you and you will also be in default.
7. ACCESS
RESTRICTION;
TERMINATION OF
SERVICE
a. SupplyLevel
Inc.’s Suspension or Termination.
SupplyLevel Inc. may terminate Your
account or restrict your access (in
whole or in part) to the Service
(including, but not limited to, by
suspending, cancelling or deactivating
your subscription) at any time, with or
without notice to you, or if SupplyLevel
Inc. determines that you have violated
this Agreement, if you fail to remit any
applicable fee for the Service when due,
if any representation or warranty made
by you is untrue in any respect, or if
SupplyLevel Inc. receives a court order
or other legal action related to your
account.
If SupplyLevel Inc.
terminates or restricts access to your
account or the Service, You cannot
conduct any e-mail campaigns nor can you
use any of the other features,
functionality or any part of the Service
that utilize SupplyLevel Inc.’s servers
or network systems until the access
restriction is removed. Although you
cannot send any new or future e-mail
campaigns upon the termination,
cancellation, suspension, deactivation
or any other restriction of your account
or the Service, You may be able to
access the data from your prior e-mail
campaigns for a limited period of time.
Upon any termination, expiration,
cancellation, suspension, deactivation,
or other restriction of your account or
access to the Service, you will be
responsible for all fees incurred during
your subscription to the Service and
payment of such fees, if not already
paid, shall be due immediately upon such
cancellation, suspension, deactivation,
termination or expiration.
b. Your
Termination of the Service. You
may cancel your subscription to the
Service at any time by visiting the
Service web site at
http://www.supplylevel.com
or writing SupplyLevel Inc. at any time
with a notification of your subscription
cancelation of to the Service. The
cancellation will be effective
immediately and you’re right to use the
Service stops right away. SupplyLevel
Inc. will not refund you any portion of
the fees you paid for the Service.
Termination of the Service by you will
not alter your obligations to pay all
charges made to your Billing Account or
the balance of the three year term to
which you subscribed.
c. Survival.
The following Sections shall survive any
termination or the expiration of this
Agreement: 8.e., 9 through 18.
8. ADDITIONAL
COVENANTS.
a. No Harmful
and Unlawful Use. You may not
use the Service in any way that is
against the law or could harm the
Service, other Service users,
SupplyLevel Inc. or our affiliates.
Some examples of harmful or unlawful
activity that we do not permit include
· using the
Service to try to gain unauthorized
access to any service, data, account or
network,
· charging others
to use the Service directly or
indirectly,
· uploading,
posting, emailing or otherwise making
available any material that contains
software viruses or any other computer
codes, files or programs designed to
interrupt, destroy or limit the use of
any software or device, and
· uploading,
posting, emailing or otherwise making
available any content that
o incites, advocates,
or expresses pornography, obscenity,
vulgarity, profanity, hatred, bigotry,
racism, or gratuitous violence,
o is intended to
threaten, stalk, defame, defraud,
degrade, victimize, or intimidate an
individual or group of individuals for any reason, including on the basis of
age, gender, disability, ethnicity,
sexual orientation, race, or religion,
or to incite or encourage anyone else to
do so, or
o is illegal or
violates any laws, including child
pornography, illegal drugs, copyright,
intellectual property not belonging to
you, defamation, libel and the privacy
rights of any third party.
You further agree to
comply with all applicable laws and
regulations, including without
limitation laws relating to privacy and
data protection, and United States
export laws and regulations.
b. No Spam;
Filtering Technology. You will
not use the Service to transmit, either
directly or indirectly, any unsolicited
bulk e-mail or unsolicited commercial
e-mail. You will not use the Service in
any way that violates the SupplyLevel
Inc. Anti-Spam Policy SupplyLevel Inc.
may use filtering technology or other
measures in its efforts to stop
unsolicited bulk e-mail and unsolicited
commercial e-mail. This filtering
technology or other measures may block,
either temporarily or permanently, some
e-mail sent by you or to your through
the Services even if such e-mail does
not violate the Anti-Spam Policy.
c. Account
Security and Passwords. You are
responsible for safeguarding the
confidentiality of your account
information, including password(s) and
user name(s) selected by you or issued
to you. You are responsible for any use
or misuse of Your account or the Service
resulting from any third party using any
password or user name selected by you or
issued to you. You agree to notify
SupplyLevel Inc. immediately of any
known or suspected unauthorized access
to or use of your account, Your
password, the password of any individual
user to whom you have issued a login ID,
or any other breach of security or
misuse of the Service known to or
suspected by you. You may change your
Windows Supplylevel.com password at any
time by following instructions in the
Account Service section of the system
site at http://www.supplylevel.com.
d. Data and
Instructions Provided By You.
You authorize SupplyLevel Inc. to rely
on any data, notice, instruction or
request furnished by you to SupplyLevel
Inc., or to its subscribers as the case
may be, or that SupplyLevel Inc.
reasonably believes to have been
furnished by you. You are solely
responsible for monitoring usage of your
Service account. SupplyLevel Inc. is not
responsible for fraud by users of Your
Service account.
e. No
Relationship with SupplyLevel Inc..
You agree not to represent yourself
to be a representative, agent, or
employee of SupplyLevel Inc. and that
SupplyLevel Inc. will not be liable by
reason of any representation, act or
omission to act by you. You agree that
no joint venture, partnership,
employment, or agency relationship
exists between you and SupplyLevel Inc.
as a result of this Agreement or use of
the Service.
9. YOUR
WARRANTIES TO SUPPLYLEVEL INC..
By subscribing to the Service, you
represent and warrant to SupplyLevel
Inc. that:
(1) You have the legal
capacity and authority to
(a) enter into and be
bound by this Agreement,
(b) to subscribe to and
use the Service in accordance with this
Agreement, and
(c) if You are acting in
a corporate capacity, to bind your
company;
(2) You will not use the
Service for any purpose that is
unlawful, or prohibited by this
Agreement (as may be modified from time
to time);
(3) All information
supplied by you in connection with your
account is true and accurate, including
information submitted as part of the
registration, subscription and billing
process; and
(4) You are authorized to
use the payment method.
10.
DISCLAIMER. SUPPLYLEVEL
INC. MAKES NO REPRESENTATIONS OR
WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY,
COMPLETENESS, SECURITY, TIMELINESS, OR
ACCURACY OF
the Service OR any information, software
or other materials or results included
in or available through the Service,
FOR ANY PURPOSE. ALL OF THE
FOREGOING ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND.
SUPPLYLEVEL INC. HEREBY DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND
CONDITIONS, EXPRESS OR IMPLIED, WITH
REGARD TO
the Service OR any information, software
or other materials or results included
in or available through the Service,
INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
WITHOUT LIMITING THE
GENERALITY OF the FOREGOING, You
will be responsible for (AND
SUPPLYLEVEL INC. WILL NOT
BE LIABLE FOR): (1)
the consequences of any instructions YOU may give to SUPPLYLEVEL
INC.; (2) YOUR failure to use the
Service in the manner prescribed by
SUPPLYLEVEL INC.; (3) YOUR FAILURE TO
PROTECT YOUR PASSWORD; (4)
MAINTAINING AND BACKING-UP ANY
INFORMATION YOU ARE PROVIDING OR USING
IN CONNECTION WITH THE SERVICE;
and (5) YOUR failure to
supply accurate input information.
SupplyLevel Inc. will
not be liable for any damage or losses,
including damage, loss or disclosure of
data, accounts, revenue or business,
arising out of or otherwise related to:
(1) use of the Service by You or by any
other party to whom You have given
access to Your Service account
information or the Service; (2) errors,
bugs or other defects in the Service;
(3) lost company or customer information
(e.g., lost records regarding e-mail
campaigns); (4) illegal or criminal
activities; (5) mistakes, omissions,
interruptions, deletion of files or
e-mail, loss of or damage to data,
errors, defects, viruses, delays in
operation, or transmission, or any
failure of performance, whether or not
limited to acts of God, communications
failure, theft, destruction or
unauthorized access to the Service or
any other feature or part of the
Service; or (6) Your actions with Your
customers, or the use of their
information.
11. LIMITATION OF
LIABILITY.
The sole liabilitY of
SUPPLYLEVEL INC. to you and/or any third
party for claims of any type or
character arising from errors or
omissions in the Service that are caused
by any of them, AND YOUR SOLE and
exclusive REMEDies WITH RESPECT TO ANY
SUCH CLAIMS, shall be for SUPPLYLEVEL
INC. to address any error or omission
made by SupplyLevel Inc. in connection
with the Service, at no additional
charge to you; for you
TO DISCONTINUE USING THE
Service; AND/OR FOR
YOU TO RECOVER, FROM
SUPPLYLEVEL INC., ONLY DIRECT DAMAGES UP
TO THE AMOUNT YOU ACTUALLY PAID FOR THE
APPLICABLE SERVICE. YOU CANNOT RECOVER
ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, SPECIAL, INDIRECT OR
INCIDENTAL DAMAGES OR LOST PROFITS.
This limitation applies
to: (1) any matter related to the
Software, the Service, or content
(including data and code) on third party
Internet sites, or third party programs;
(2) claims for
breach of contract, breach of warranty,
guarantee or condition, strict
liability, negligence, or other tort to
the extent permitted by applicable law
EVEN IF SUPPLYLEVEL INC. HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES;
(3) DAMAGES FOR LOSS OF USE,
DATA, ACCOUNTS, REVENUES OR PROFITS
ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE, INABILITY TO USE, DELAY OR
PERFORMANCE OF
the SOFTWARE OR THE Service; OR (4) THE PROVISION OF OR
FAILURE TO PROVIDE SERVICE, OR FOR ANY
INFORMATION,
software or other materials or results included in or available
through the Service.
12. YOUR INDEMNITY
OF SUPPLYLEVEL INC..
You agree to indemnify
SupplyLevel Inc. and SupplyLevel Inc.’s
suppliers against all losses (which
includes claims, losses, liability,
damages, costs and expenses, including
but not limited to attorneys' fees) in
connection with any action, proceeding
or claim
arising from or in connection with (1)
any fraudulent or criminal acts of you
or any user of your Service account; or
(2) a breach of
your
representations and warranties or
your violation of this Agreement, or any
third party's rights, (including,
without limitation, infringement of any
copyright, violation of any proprietary
right and invasion of any privacy
rights). Your obligation to indemnify
SupplyLevel Inc. will survive the
expiration or any termination of your
relationship with SupplyLevel Inc. or
your use of Service.
13. PRIVACY.
Your subscription
information and other information about
you that you provide when signing up for
the Service is subject to the
SupplyLevel Inc.’s Privacy Policy.
Personal information collected through
the Service may be stored and processed
in the United States or any other
country in which SupplyLevel Inc. or its
affiliates, subsidiaries, or agents
maintain facilities. By using the
Service, you consent to any such
transfer of information outside of your
country is allowed for the purposes of
SupplyLevel Inc.’s .com services.
SupplyLevel Inc. abides by the safe
harbor framework as set forth in Canada
and the U.S. Department of Commerce
regarding the collection, use, and
retention of data from the European
Union.
14. APPLICABLE LAW.
If this Agreement is with
SupplyLevel Inc. Corporation, Ontario
Canada law governs the interpretation of
this Agreement and applies to claims for
breach of it, regardless of conflict of
laws principles. If this Agreement is
with a SupplyLevel Inc. affiliate, the
laws of the place of incorporation for
that SupplyLevel Inc. affiliate govern
the interpretation of this Agreement and
apply to claims for breach of it,
regardless of conflict of laws
principles. All other claims, including
claims under consumer protection laws,
unfair competition laws, and in tort
will be adjudicated under the laws of
Ontario, Canada only.
15. LOCATION FOR
RESOLVING DISPUTES.
If this Agreement is with
SupplyLevel Inc. Corporation, you hereby
irrevocably consent to the exclusive
jurisdiction and venue of Burlington,
Ontario, Canada or federal courts within
30 kilometers of the area in all
disputes arising out of or relating to
the use of the Service. If this
contract is with a SupplyLevel Inc.
affiliate, you hereby consent to the
exclusive jurisdiction and venue of the
courts located in the place of
incorporation for such SupplyLevel Inc.
affiliate in all disputes arising out of
or relating to the use of the Service.
16. NO THIRD PARTY
BENEFICIARIES.
You agree that there are
no third party beneficiaries to this
Agreement.
17. ENTIRE
AGREEMENT.
If any section of this
Agreement is held to be unenforceable,
it should be replaced by an enforceable
section that matches the intent of the
original section as closely as possible.
The rest of the Agreement will continue
in full force and effect. This
Agreement, together with the anti-spam
and privacy policies referenced herein
and the application you completed as
part of the sign-up process constitute
the entire agreement between you and
SupplyLevel Inc. with respect to the
Service and supersedes all prior or
contemporaneous communications and
proposals, whether electronic, oral or
written, between you and SupplyLevel
Inc..
18. LIMITED TIME TO
BRING CLAIM.
SupplyLevel Inc. and you agree that any
cause of action arising out of or
related to the Service must commence
within one (60) days after the cause of
action accrues. Otherwise, such cause of
action is permanently barred.
19. PRINTING THIS
AGREEMENT.
You may view this
Agreement as a full page
at
http://www.supplylevel.com
This Agreement may be
printed and saved through the printing
and saving capability of your browser
and printer.
20. TRADEMARKS.
The names of actual
companies and products mentioned herein
may be the trademarks of their
respective owners.
22. SERVICE CONTACT.
If You need to contact
SupplyLevel Inc. regarding the Service,
please contact Customer Support at
http://www.supplylevel.com.
- I ACCEPT THE TERMS OF THIS AGREEMENT -
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