Welcome to Supply Chain Finance, Inc. The www.supplychainfin.com web site and any derivative or affiliate web site on which these Terms of Service are posted linked are owned and operated by Supply Chain Finance Inc., a Nebraska corporation. All of our products, and services (collectively 'Services') are provided subject to the following conditions. Use of our Services requires full acceptance of this Terms of Service. If you do not fully agree, you may not use our Services.
Copyright and Trademarks
All of our Services, including text, graphics, logos, software, etc. are Copyright 2013 Supply Chain Finance, Inc. ('SUPPLY CHAIN FINANCE') or copyright by our suppliers and vendors. The SUPPLY CHAIN FINANCE name and the SUPPLY CHAIN FINANCE logo are trademarks of SUPPLY CHAIN FINANCE.
An account is required to access most of our Services. You must be of legal age to use our Services or create an account. You are responsible for maintaining the security and confidentiality of your account and credentials used to access our Services. The information provided to create or maintain your account must be accurate at all times. SUPPLY CHAIN FINANCE is not liable for damages or losses that come from your failure to sufficiently secure your account or keep it updated. You must notify us immediately if you suspect unauthorized use of your account or some other breach of security.
You must comply with the SUPPLY CHAIN FINANCE Acceptable Use Policy, a copy of which is provided herein under separate cover.
In the course of providing Services to you, SUPPLY CHAIN FINANCE creates, receives, stores, and/or transmits data that may be private or sensitive, such as personal name, business name, email addresses, phone numbers, credit card information, logs of account activity, and service information.
In general, we do not disclose personal or account information unless we believe, in good faith, that disclosing such information is necessary to identify, make contact with, bring legal action against, or otherwise protect against someone who may be causing harm or interfering with the property of SUPPLY CHAIN FINANCE, our Services, our customers, or others. We may also disclose personal or account information as necessary, in our discretion, to provide Services to you.
You may, in the course of using our Services, submit reviews, comments, suggestions, ideas, questions, or other content (collectively 'User Content') to our website(s) or to us by email or other communication channel. You grant SUPPLY CHAIN FINANCE a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, derive, and/or display any User Content you submit.
You may not submit User Content that is illegal, obscene, abusive, or otherwise harmful, injurious, or objectionable, as we determine in our sole discretion. While we do not regularly review User Content, and disclaim any obligation to do so, we reserve the right to remove or edit such content.
Determination of Misuse
SUPPLY CHAIN FINANCE has sole determination of misuse of an account or other violation of our Terms of Service.
Cancellation or Suspension of Services
You agree that SUPPLY CHAIN FINANCE may suspend Services or cancel Services at any time, for any reason, without notice. If such action is taken upon a determination of misuse, SUPPLY CHAIN FINANCE has the additional right to cancel Services without refund, impose fees, and/or pursue civil remedies. If we cancel Services without cause, a pro-rated refund will be granted based on the pre-paid time remaining for Services. If you cancel Services, you will still owe us any unpaid charges. Upon suspension or cancellation (by you or us), access to data and your right to use Services will stop immediately. Further, upon cancellation (by you or us), data may be permanently deleted immediately.
Payment is due upon invoicing. Services may be interrupted on accounts that are 3 or more days past due. Accounts that are past due may also be assessed a late fee and/or a reactivation fee.
SUPPLY CHAIN FINANCE is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SUPPLY CHAIN FINANCE. Currency exchange settlements will be based on agreements between you and your credit card provider.
Refunds and Credits
Any credits caused by cancellation of Services remain as a credit for future SUPPLY CHAIN FINANCE Services and will not be refunded. Such credits expire if unused after 6 months. Credits will not be issued at all when cancellation is because of a determination of misuse. Only in the case of cancellation by SUPPLY CHAIN FINANCE, without a determination of misuse, will the credit be refunded back to the billing credit card.
You agree to keep all contact and payment information current and up-to-date. In the event that we are unable to contact you, we may choose to determine that your account has been abandoned and close the account.
You agree that we may contact you by phone, SMS, email, or other such method as we determine for the purposes of providing Services; providing support; delivering updates about your Services; delivering billing or other account updates, notices, or warnings; or investigating potential misuse of Services.
We may also contact you about Services we offer that you do not presently use. You may request that we not send this type of information to you.
We may use a third-party to facilitate our contact to you (such as an SMS broker, phone company, or reputable email provider). We will not sell your information to third-parties for their commercial use, ever.
If you ever receive spam or other unwanted solicitations from a third-party on behalf of SUPPLY CHAIN FINANCE (such as someone attempting to gain referral credits), please notify us. We will investigate and terminate the offending account if appropriate.
Service Level Agreements
Some of our Services carry Service Level Agreements ("SLAs") which provide specific remedies if certain performance levels are not met. Those SLAs, where applicable, are herein incorporated into these Terms of Service. In any conflict, the Terms of Service shall prevail. The SLAs shall not be considered to create any additional warranty or liability and any remedy within the SLAs shall be the sole and exclusive remedy for any SLA-covered performance failure. Services that do not carry SLAs provide no remedy whatsoever.
Limitation of Liability
IN NO EVENT SHALL SUPPLY CHAIN FINANCE BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, GOODWILL, OR USE; OTHER INTANIGIBLE LOSSES; ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; USE OF THE SUPPLY CHAIN FINANCE SITE OR ANY SUPPLY CHAIN FINANCE SERVICES; OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY SERVICES PROVIDED HEREUNDER. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF SUPPLY CHAIN FINANCE AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE SUPPLY CHAIN FINANCE SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED ONE MONTH'S WORTH OF RECURRING FEES FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
USE OF SUPPLY CHAIN FINANCE SERVICES IS AND SHALL BE AT YOUR SOLE RISK. THERE IS NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND REGARDING OUR SERVICES. YOU ACCEPT, AND WE EXPRESSLY DISCLAIM, ALL LIABILITIES FROM THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FROM FAILURE TO PERFORM, FAILURE TO MEET EXPECTATIONS, LOSS OF SERVICE, LOSS OF EMAIL, LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY OTHER DAMAGE.
You agree to defend, indemnify and hold harmless SUPPLY CHAIN FINANCE, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the SUPPLY CHAIN FINANCE Services; (ii) your violation of any term of this Terms of Services; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that use of our Services caused damage to a third party; or (v) any claim that use of our services or participation in any program offered by SUPPLY CHAIN FINANCE creates a legal nexus between SUPPLY CHAIN FINANCE and any jurisdiction other than Colorado, USA. This defense and indemnification obligation will survive this Terms of Services and your use of our Services.
You grant us the right to use your name or other provided, publicly known information (such as domain names) for promotional purposes, including trademarks or other intellectual property, as long as such use is accurate in its claims. You may request, in writing, that we do not use this information for promotional purposes.
If any of the provisions, or portions thereof, of this Terms of Service are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Terms of Service shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. Further, when possible, a court shall give effect to the intention of the invalid provision to the fullest extent possible within the law.
This Terms of Service (including the Exhibits, attachments and/or addenda, if any) represents the full and complete agreement of the parties and supersedes all prior agreements or understandings, written or oral between the parties.
This Terms of Service and its rights and obligations may not be transferred, assigned or delegated in any manner by you, but may be transferred, assigned or delegated by SUPPLY CHAIN FINANCE.
Waiver or Delay
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any provision, shall neither be considered as a continuing waiver nor create an expectation of non-enforcement of that or any other provision.
Legal Proceedings and Jurisdiction
In any legal proceeding between the parties under this Terms of Service, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.
This Terms of Service, your use of our Services, and the relationship between you and SUPPLY CHAIN FINANCE are made under and shall be governed by the laws of the State of Nebraska without regard to conflict of law provisions. You further agree to the exclusive venue of the courts of Douglas County, Nebraska.
This Terms of Service and SUPPLY CHAIN FINANCE 's policies may be changed by SUPPLY CHAIN FINANCE at any time and posting them on our website shall be considered sufficient notice of doing so. Continued usage of Services after a change to this Terms of Service or after a new policy is implemented and posted on the SUPPLY CHAIN FINANCE website constitutes your acceptance of such change or policy. We encourage you to regularly check the SUPPLY CHAIN FINANCE website for any changes or additions.
Last update: July 10, 2013