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PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY SUPPLYSHARK PLATFORM
Welcome to the Supplyshark Community. You are reading these Terms because you are using Supplyshark.com.
These Terms create a legally binding agreement between you (the expressions “You” “Your” or “User(s)” refers to any person who accesses or uses Supplyshark website for any purpose) and Supplyshark, Inc. (which we may refer to as “Supplyshark”, “we”, “us”, or “our”) regarding your use of our websites (“Sites”) and online services (“Services”) (collectively referred to as “Services”). Please read them carefully.
By using Supplyshark.com you represent and warrant that you are more than 18 years of age or are visiting Supplyshark.com with the permission and supervision of a parent and guardian. Subject to these Terms, Supplyshark hereby grants you a limited, revocable, non-exclusive license to access and use our website on your computer or mobile device. Except as permitted in this paragraph, you may not reproduce, modify, display or otherwise make commercial use of any content from our website, unless expressly permitted by Supplyshark. Supplyshark reserves the right to refuse service to any individual at its sole discretion and without limitation if it believes that a user’s conduct violates applicable laws or is otherwise harmful to Supplyshark.
Supplyshark.com acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. Supplyshark and Supplyshark.com are not parties to any negotiations that take place between the User(s) of the Site and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the Site.
Supplyshark does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the Site or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between SUPPLYSHARK and any other party.
Supplyshark services are free for buyers and offer the following subscriptions and services at a fee to its sellers:
For more information please see our Subscriptions Page
User(s) represent and warrant that they have the right to avail or use the services provided by Supplyshark, including but limited to our Services. Our Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorized under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in the United States or other countries are not authorized to avail or use Supplyshark’s Services.
User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. Supplyshark or the websites hall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over Supplyshark’s Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the website. Supplyshark at it’s sole discretion reserves the right to refuse its Services to anyone at any time. Supplyshark Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by us.
Anything posted or otherwise submitted to Supplyshark whether on our website, through a blog or via any form of social media, will be treated as public and nonproprietary. By submitting photographs, comments or other materials to Supplyshark, you grant us a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions and the right to use your username, real name, image, likeness, and other personal attributes in connection with any use of such submissions. All submissions shall automatically become Supplyshark sole and exclusive property. In addition, when you post photographs, reviews, or comments to Supplyshark or on a Supplyshark social media network, you also grant us the right to use the name that you submit, if any, in connection with that submission. Anything you submit must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material. You represent and warrant that you own or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage, or otherwise claim any rights with respect to any content submitted to Supplyshark.
All graphics, images and content on an Supplyshark.com website belong exclusive to Supplyshark, or its affiliates. The use of any Supplyshark trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service that is in any way likely to cause confusion or to disparage or discredit Supplyshark. In addition, you may not use any of our trademarks or service marks in meta tags without our explicit prior consent.
All rights, not otherwise claimed under this Agreement by Supplyshark, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the Site or any offer displayed on or in connection with any service offered on the Site ("Site Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. Supplyshark does not represent, warrant or endorse in any manner the accuracy or reliability of Site Information, or the quality of any products and/or services obtained by the User(s) as a result of any Website Information.
Supplyshark respects the intellectual property rights of others and we require our members to do the same. Supplyshark has adopted the following policy concerning copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), as codified in 17 U.S.C §512. The contact information for our designated agent to receive notification of claimed copyright or intellectual property infringement (“Copyright Agent”) is listed at the end of this policy.
If you believe in good faith your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated by any content on Supplyshark.com or an Supplyshark, please provide the following DMCA requirements to Supplyshark’ Copyright Agent:
Upon receiving a proper notification of alleged copyright infringement as described above, we will remove or disable access to the allegedly infringing content and promptly notify the alleged infringer of your claim. Please submit your statement to Supplyshark by mail, fax or email as set forth below:
Email: [email protected] Fax: (866) 707-4275If sending your notice by electronic mail, please make sure to write DMCA Copyright Notice in the subject line.
Please review our privacy policy
Customers who access and use Supplyshark.com from outside of the United States are responsible for complying with their local laws and regulations.
Occasionally, a vendor requests that Supplyshark restrict the sale of a brand to certain countries. Though Supplyshark prefers not to limit the brands it sells, we must honor our vendor’s wishes. However, Supplyshark continually reviews such restrictions with its vendors to see if any changes can be made.
You will be alerted at checkout if an item in your cart is restricted from shipping to your country. If you put a restricted item in your cart, you will not be able to check out until that item is removed from your cart or you change your shipping address.
This site may contain links to other sites on the internet that are owned and operated by third parties (“Third Party Sites”). These links are provided for your convenience only. None of such links should be deemed to imply that Supplyshark endorses the Third-Party Sites or any content therein. You acknowledge that Supplyshark does not control and is not responsible or liable for the operation of any Third-Party Sites or any content, advertising, products or other materials on or available from such Third-Party Sites.
Most content and some of the features on the Site are made available to User(s) free of charge. However, Supplyshark reserves the right to terminate access to certain areas or features of the Site (to paying or registered User(s)) at any time without assigning any reason and with or without notice to such User(s). We also reserve the universal right to deny access to particular User(s) to any or all of our Services or content without any prior notice or explanation in order to protect the interests of Supplyshark and/ or other User(s) of the Site. We further reserve the right to limit, deny or create different access to the Site and its features with respect to different User(s), or to change any or all of the features of the Site or introduce new features without any prior notice to User(s).
We reserve the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
If Supplyshark terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of Supplyshark, such person will not have the right to re-enroll or join the Site under a new account or name unless invited to do so in writing by Supplyshark. In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded. User(s) acknowledge that inability to use the Site wholly or partially for whatever reason may have adverse effect on their business. User(s) hereby agree that in no event shall Supplyshark be liable to any User(s) or any third parties for any inability to use the Site (whether due to disruption, limited access, changes to or termination of any features on the Site or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Site or any of its features.
To become a registered User(s) of the Site a proper procedure has been made available on the Site which is for the convenience of User(s) so that they can easily use the website.
User(s) can become registered User(s) by filling an on-line registration form on the Site by providing the required information (including name, contact information, details of User(s) business, etc.). Supplyshark will establish an account ("Account") for the User(s) upon successful registration and will assign a user alias ("User ID") and password ("Password") for log-in access to the User(s)’s Account. We may at our sole discretion assign to User(s) upon registration a web-based email or messaging account (“Email Account”) with limited storage space to send or receive emails or messages. Users will be responsible for the content of all the messages communicated through the account.
User(s) registering on the Site on behalf of business entities represent and warrant that: (a) they have the requisite authority to bind such business entity this Agreement; (b) the address provided by such User(s) at the time of registration is the principal place of business of such business entity; and (c) all other information provided to Supplyshark during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office of a User(s) will not be considered a separate entity and the principal place of business of the User(s) will be deemed to be that of its head office.
User(s) agree that by registering on the Site, they consent to the inclusion of their personal data in Supplyshark’s on-line database and authorize Supplyshark to share such information with other User(s). Supplyshark may refuse registration and deny the membership and associated User ID and Password to any User(s) for whatever reason. Supplyshark may suspend or terminate a registered membership at any time without any prior notification in interest of Supplyshark or general interest of its User(s) without assigning any reason thereof and there shall arise no further liability on Supplyshark of whatsoever nature due to the suspension or termination of the User account. User(s) registered on the Site are in no manner a part of or affiliated to Supplyshark.
User(s) further agree and consent to be contacted by Supplyshark through phone calls, SMS notifications or any other means of communication, in respect to the services provided by Supplyshark even if contact number(s) provided to Supplyshark upon registration are on Do Not Call Registry.
Some content displayed on the Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Site using the self-help submit and edit tools made at the respective sections of the Site. User(s) may need to register and/or pay for using or availing some of these services.
User(s) understand and agree that Supplyshark in such case is not the author of the content and that neither Supplyshark nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Site. User(s) further understand and agree Supplyshark is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. Supplyshark shall not be liable for a User(s) activities on the Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
User(s) hereby grant Supplyshark an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Site (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Site or provided to the Site or authorized by the User(s) for display on the Site, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) agree that they will not use Supplyshark Content and/or Supplyshark’s Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Site agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree that any content, material or information submitted to Supplyshark for display on the Site or transmitted or sought to be transmitted through Supplyshark’s Services does not and shall at no point:
Supplyshark reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Site which in Supplyshark’s reasonable belief is unlawful or could subject Supplyshark to liability or in violation of the Agreement or is otherwise found inappropriate in Supplyshark’s opinion. Supplyshark reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, Supplyshark reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by Supplyshark at its sole discretion. User(s) agree that Supplyshark shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event Supplyshark takes any of the actions mentioned in this provision.
User(s) understand and agree that the Site acts as a content integrator and is not responsible for the information provided by User(s) displayed on the Site. Supplyshark does not have any role in developing the content displayed on the Site. Supplyshark has the right to promote any content including text, images, videos, brochures etc. provided by User(s) on various platforms owned by the company.
Supplyshark provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. Supplyshark does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. Supplyshark does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses on the Site. Our Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). Supplyshark however, cannot and does not confirm each User(s)’s purported identity on the Site. Supplyshark encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
User(s) agree that Supplyshark shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Site , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify Supplyshark (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction
Supplyshark reserves the right to add/modify/discontinue any of the features offered on Supplyshark’s Services.
Features and services on the Site are provided on an " as is " and " as available " basis, and Supplyshark hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Supplyshark makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Site. Supplyshark does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site does not violate any Third Party Rights; and Supplyshark makes no representations or warranties of any kind concerning any product or service offered or displayed on the Site. Any material downloaded or otherwise obtained through the Site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) through or from the Site shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall Supplyshark be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Supplyshark, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save Supplyshark, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to Supplyshark.
User(s) hereby further agree to indemnify and save Supplyshark, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Web Site. User(s) hereby further agree that Supplyshark is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). Supplyshark reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with Supplyshark in asserting any available defenses.
Supplyshark shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
You agree to indemnify, defend, and hold harmless Supplyshark, Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Supplyshark Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your use of our services, or any violation of these Terms, any law or the rights of any third party. You, for yourself, and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Supplyshark Parties from any and all claims or causes of action you may have for damages relating in any way to your use of our services.
The laws of the State of Pennsylvania will govern these disclaimers, terms, and conditions. Any dispute relating in any way to your use of the Supplyshark Services or products purchased on our Sites shall be submitted to confidential arbitration in Pennsylvania, except in regard to issues regarding violations of our intellectual property rights, which we may seek relief from in any state, or federal court in the State of Pennsylvania. By using our website, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Pennsylvania. By using Supplyshark.com, you agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate. As such, we shall be entitled to specific performance, injunctive relief, por both, in addition to any damages that we may be entitled to recover, along with our reasonable expenses for any form of dispute resolution, including, without limitation, our attorneys’ fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
If any of the provisions in these Terms are deemed invalid or otherwise unenforceable, that condition shall be deemed several and shall not affect the enforceability of the remaining provisions.
If you have any question regarding these Terms, you may contact us:
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