Terms of Use

Last Modified: 5/22/23
IMPORTANT NOTICE: PLEASE NOTE THAT THESE TERMS OF USE REQUIRE THAT DISPUTES BE RESOLVED ONLY BY ARBITRATION (AND NOT BY COURT LITIGATION) IN SUFFOLK COUNTY, NEW YORK (OR THE CITY NEAREST TO OUR PRINCIPAL PLACE OF BUSINESS WHERE THE AMERICAN ARBITRATION ASSOCIATION HAS AN OFFICE), THAT YOU WAIVE ANY RIGHT TO JURY TRIAL, AND THAT YOU WAIVE ANY RIGHT TO BRING CLASS ACTIONS AGAINST US. PLEASE REVIEW SECTION 16 BELOW ENTITLED "GOVERNING LAW, ARBITRATION AND NO CLASS ACTIONS" FOR COMPLETE DETAILS.
SupplyHouse LLC dba SupplyHouse.com ("SupplyHouse", "we", "us" or "our") operates the SupplyHouse: and any other services necessary to provide the products and services made available through those digital properties (collectively, the "Site"). You must accept these Terms of Use in order to use the Site. If you do not understand or have questions about these Terms of Use, immediately stop all use of the Site and contact customerservice@supplyhouse.com.
The below Table of Contents enumerates the sections of our Terms for your convenience.

Limited License to Use

  1. Subject to your compliance with these Terms, SupplyHouse grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site and download and install a copy of our mobile application on a mobile device and to run such copy for your own personal purposes in accordance with these Terms. You may use the Site only for the purpose of shopping on the Site or placing an order through the Site. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Site, (b) distribute, transfer, sublicense, lease, lend, or rent the Site to any third party, (c) reverse engineer, decompile, or disassemble the Site, or (d) make the functionality of the Site available to multiple users through any means. SupplyHouse reserves all rights in and to the Site not expressly granted to you under these Terms.

  2. The Site is intended for your personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by us. Any use of the Site in violation of this provision, including communicating any advertisement or solicitation, or collecting usernames or email addresses of account holders by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, is prohibited.

Content and Submissions

  1. Rights Granted to You. Subject to your compliance with these Terms, SupplyHouse grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to download, view, display, and use the Content solely for your permitted use within the Site. "Content" means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available to or through the Site, including User Content. "User Content" means any Content a user of the Site provides us or otherwise makes available through the Site.

  2. Content Ownership. SupplyHouse does not claim ownership rights in User Content and nothing in these Terms restricts any rights that you may have to use and exploit your User Content. Subject to the foregoing, SupplyHouse and its licensors exclusively own all right, title, and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site or Content.
    We may offer users the opportunity to provide feedback/suggestions. In the event that you provide us with any feedback, suggestions or ideas regarding the Site, whether solicited or unsolicited, including without limitation: any flaws, errors, bugs, anomalies, problems with the Site; suggestions or ideas on how to improve or change the Site; or suggestions or ideas otherwise related to the Site (collectively, "Feedback"), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate, without compensation or notice to, or approval from, you and you expressly waive all moral rights you may have therein.

  3. Rights Granted by You. By making any User Content available to SupplyHouse or through the Site you grant to SupplyHouse a non-exclusive, transferable, sublicenseable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publish, publicly perform, market, promote, distribute or otherwise make available your User Content, in whole or in part, for any purposes, in any form, media or technology, whether known or hereafter developed, alone or as part of other works, with no payment or other compensation to you. The purposes shall include but are not limited to: in connection with operating and providing the Site and Content to you and to others; for demonstration, promotion and advertising; for all SupplyHouse products and services, including the Site; to satisfy any law, regulation, or government request; and to use the information in accordance with our Privacy Policy. By accepting these Terms, you allow SupplyHouse to benefit freely from the above rights, including but not limited to:
    1. The right to reproduce User Content in whole or in part by any means and in any form.
    2. The right to publicly or privately broadcast or make available the User Content (or any product incorporating the User Content), free of charge in all places by any means or process known or unknown at the present time, including but not limited to the Internet.
    3. The right to produce or order the production of any new product or service from the User Content or from any product incorporating or exploiting the User Content, either reproduced as it stands or modified by SupplyHouse or by any outside party of its choice.
    For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph ("Attributes"), you acknowledge and agree that the foregoing license rights granted by this Section shall apply to the same. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any User Content that you may have under any applicable law or under any legal theory. To the extent that any third party is included or depicted in your User Content, you acknowledge and agree to have first obtained any and all necessary rights, permission and releases from such third party (or, if a Minor, the rights, permission and releases from such Minor's parent/legal guardian on its behalf) to include or otherwise depict such third party in the User Content, to the use of such third party's Attributes therein and to grant to SupplyHouse those rights and permissions as part of the foregoing license, all of which rights are hereby granted by you to SupplyHouse. You also hereby do and shall grant each user of the Site a non-exclusive, perpetual license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content for non-commercial purposes, including after your termination of your Account or termination of the Site.

  4. Your Representations and Warranties. You are solely responsible for all your User Content. By submitting User Content, you represent and warrant that you own all parts of your User Content or you have all rights, releases and permissions that are necessary to grant us the license rights in your User Content under these Terms. By including or otherwise depicting any third party in your User Content, you represent and warrant that you have obtained any and all necessary rights, permission and releases required to: (i) include or otherwise depict such third party (and, if such third party is a Minor, the consent of the Minor's parent/legal guardian); and (ii) grant SupplyHouse the license rights granted by these Terms, which shall include the right to the use of such third party's Attributes. Further, you agree to cooperate with SupplyHouse, upon its request, in taking any additional action or obtaining any documentation reasonably requested by SupplyHouse to effectuate the grant of those rights from such third parties. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by SupplyHouse on or through the Site will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, defame any third party, or result in the violation of any applicable law or regulation.

  5. Availability of Content. We do not guarantee that any Content will be made available on or through the Site. We do not practice editorial control over the content posted by third parties (including User Content).
    We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Site.

Conduct, General Prohibitions and Enforcement Rights

  1. As a condition of use, you agree not to use the Site for any purpose that is prohibited by these Terms. You agree that you are responsible for your own activities, conduct and User Content while using the Site, and for any consequences thereof. Violation of our Terms may result in the termination and cancellation of your Account. You acknowledge and agree that we may terminate any Account at any time for any reason (including, but not limited to, our independent assessment or the receipt of claims or allegations from third parties or authorities).

  2. Objectionable Actions/Content. You agree that you shall not, and shall not permit any third party to, (unless applicable law mandates that you be given the right to do so) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Site, including without limitation any User Content, that:
    • collects, solicits, stores or shares any personally identifiable information (such as passwords and phone numbers) of other users without their express permission,
    • extracts, scrapes, indexes, intercepts, mines or otherwise collects information about the Site or Content (including information about users),
    • uses automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Site,
    • uses the Site or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms, including but not limited to selling, reselling, or renting the Site or your Account,
    • attempts to access or search the Site or Content or download Content from the Site through the use of any technology or means other than those provided by SupplyHouse or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind),
    • attempts to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Content,
    • bypasses, removes, deactivates, descrambles, or otherwise attempts to circumvent any technological measure implemented by SupplyHouse or any of SupplyHouse's providers or any other third party (including another user) to protect or filter the Site or Content,
    • posts, publishes, submits or transmits any Content that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy,
    • uses any meta tags or other hidden text or metadata utilizing a SupplyHouse trademark, logo, URL, or product name without SupplyHouse's express written consent,
    • accesses, tampers with, or uses nonpublic areas of the Site, SupplyHouse's computer systems, or the technical delivery systems of SupplyHouse's providers,
    • attempts to probe, scan, or test the vulnerability of any SupplyHouse system or network or the Site, or breach any security or authentication measures,
    • forges any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Content to send altered, deceptive, or false source identifying information,
    • interferes with, or attempts to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Site,
    • deletes, obscures, or in any manner alters any attribution, warning, or link that appears in the Site or the Content,
    • sublicenses, rents, leases, sells, trades, gifts, bequeaths or otherwise transfers your Account to anyone,
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, otherwise violates any law or right of any third party, or is otherwise inappropriate as determined by us in our sole discretion,
    • promotes or contains illegal or tortious activities, promotes alcohol, tobacco, pseudo-pharmaceutical or prescription drugs, or conduct that is abusive, violent, threatening, obscene, sexually explicit, discriminatory on the basis of race, sex, religion, nationality, disability, sexual orientation, or age, defamatory or libelous,
    • contains criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets,
    • constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming"),
    • contains software viruses or any other computer codes, files, content, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party,
    • is designed or intended to obtain password, Account, or private information from any Site user,
    • impersonates any person or entity, including any of our employees, representatives, or users,
    • includes anyone's identification documents or sensitive financial information,
    • violates any applicable law or regulation, including U.S. export and re-export control laws, or
    • encourages or enables any other individual to do any of the foregoing.

  3. Although SupplyHouse is not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, to comply with applicable law or other legal requirements, and for any other reason in our sole discretion. We reserve the right to remove or disable access to any Content, at any time and without notice. SupplyHouse may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. Users agree to cooperate with and assist SupplyHouse in good faith, and to provide SupplyHouse with such information and take such actions as may be reasonably requested by SupplyHouse with respect to any investigation undertaken by SupplyHouse regarding the use or abuse of the Site. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law, and may disclose such users' identities to law enforcement.

  4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site, (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, or (vi) use or develop any application that interacts with the Site or Content without SupplyHouse's written permission. You shall abide by all applicable local, state, national and international laws and regulations.

  5. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

  6. If for any reason the Site is not running as originally planned (e.g., if it becomes corrupted or does not allow the proper usage or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of SupplyHouse corrupts or affects the administration, security, fairness, integrity or proper conduct of the Site), SupplyHouse reserves the right, in its sole discretion, to take any action we deem appropriate.

  7. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SITE, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPUTER SYSTEM OR APPLICATION, IS A BREACH OF SUPPLYHOUSE'S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

  8. Trademarks. Trademarks, trade names, product names and logos (the "Trademarks") contained in or used by the Site or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.

Mobile Application Additional Terms

  1. Mobile App Upgrades and Ownership. You acknowledge that we may from time to time issue upgraded versions of the Site, and may automatically electronically upgrade the version of the Site that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Site is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Site or any copy thereof, and SupplyHouse or its third-party partners or suppliers retain all right, title, and interest in the Site (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Terms, is void. SupplyHouse reserves all rights not expressly granted under these Terms.

  2. Mobile App Compatibility and Usage. SupplyHouse does not warrant that the Site will be compatible with your mobile device. You may use mobile data in connection with the Site and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.

  3. Apple Device and Application Terms. In the event you are accessing the Site via an application on a device provided by Apple, Inc. ("Apple") or an application obtained through the Apple App Store (in either case, an "Application"), the following shall apply:
    1. Both you and SupplyHouse acknowledge that these Terms are concluded between you and SupplyHouse only, and not with Apple, and that Apple is not responsible for the Application or the Content;
    2. The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, as provide in Section 3 (Limited License to Use), solely to be used in connection with the Site for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Site;
    3. You will only use the Application in connection with an Apple device that you own or control;
    4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support with respect to the Application;
    5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure, upon notification, Apple's sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
    6. You acknowledge and agree that SupplyHouse, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
    7. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, SupplyHouse, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
    8. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
    9. You acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
    10. Both you and SupplyHouse acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third party beneficiary hereof.

  4. Mobile Applications from Google Play Store. The following applies to any mobile applications you acquire from the Google Play Store ("Google-Sourced Software"): (i) you acknowledge that these Terms are between you and SupplyHouse only, and not with Google, Inc. ("Google"); (ii) your use of Google-Sourced Software must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) SupplyHouse, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to SupplyHouse's Google-Sourced Software.

Third Party Services and Resources

  1. Third Party Links. The Site may contain links to third party websites or resources. SupplyHouse provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

  2. Third Party Resources. SupplyHouse is not responsible for the availability or quality of your devices or any third party services ("Third Party Resources"), including cell phone networks, hotspots, wireless internet and other services. Such Third Party Resources may affect your ability to utilize the Site or participate in any service made available through the Site and you hereby waive and release SupplyHouse and any other party involved in creating or delivering the Site from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

  3. Third Party Merchants/Providers. The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

  4. Third Party Accounts. In addition, the Site may prompt you to establish an account with a third party service provider not owned or operated by us. Your agreement and understanding with any such third party service provider is solely between you and such service provider. We will not be a party to or in any way be responsible for your agreement with such third party service provider. Any disputes you may encounter with such third party service provider shall be settled solely between you and the service provider.

Product Listings, Orders and Shipments

  1. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. SupplyHouse reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed over $5000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

  2. Sales Tax. Items sold through the Site may be subject to sales taxes based on specific state laws and local tax rates. Each customer shall be solely responsible for all sales taxes, or other taxes, on applicable orders.

  3. Typographical Errors in Listings.
    SupplyHouse tries to ensure that the information provided on our Site or in any SupplyHouse advertisement is accurate and up-to-date but due to the risk that the information may be compromised by software or procedural errors, SupplyHouse does not guarantee the accuracy or completeness of the information provided on the Site or in any SupplyHouse advertisement. Without in any way limiting the foregoing, SupplyHouse disclaims any and all responsibility for the accuracy or completeness of any information or other content in User Content. SupplyHouse reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Photos may vary. Pricing and shipping and handling rates are subject to change without notice. We apologize for any inconvenience this may cause you.
    In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, SupplyHouse shall have the right to refuse or cancel any orders placed for product listed at the incorrect price or with the incorrect information. SupplyHouse shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SupplyHouse shall immediately issue a credit to your credit card account in the amount of the charge.

  4. Title and Risk of Loss. Prices and deliveries of goods are F.O.B. shipping point. Title and risk of loss for the goods sold under these Terms pass to you upon SupplyHouse's issuance of Bill of Lading or upon delivery of goods to You or a common carrier, whichever occurs first. SupplyHouse shall not be liable to You for goods that are damaged or lost while in the possession of a common carrier, and You are solely responsible for recovering any and all damage directly from the common carrier. You hereby grant SupplyHouse a security interest in the goods sold by SupplyHouse to You under these Terms and any proceeds thereof as security for Your obligation to SupplyHouse to pay the purchase price. This security interest shall commence upon the delivery of goods to You, and shall terminate upon Your full payment of all amounts due SupplyHouse. You authorize SupplyHouse to file financing statements or other documents in SupplyHouse's sole discretion to perfect this security interest along with other notices, and will assist SupplyHouse in taking any other action that SupplyHouse deems necessary in its sole discretion to perfect and protect SupplyHouse's security interest.

  5. Product Compliance and Suitability. Jurisdictions have varying laws, codes and regulations governing construction, installation, or use of products for a particular purpose. Certain products may not be available for sale in all areas. SupplyHouse does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does SupplyHouse accept responsibility for construction, installation or use of a product. It is Customer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, or use involving the products are compliant.

Waiver of Unknown Claims under California Civil Code § 1542

It is possible that other claims not known to you will develop or be discovered arising from your use of the Site, the Content or from the activities discussed throughout these Terms. You acknowledge that your releases, indemnifications and waivers provided under these Terms are expressly intended to cover and include all such claims, including all rights of action therefor. You acknowledge that the claims released in those sections, may include unknown claims, and nevertheless waive California Civil Code § 1542 as to any such unknown claims. California Civil Code § 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
You acknowledge and understand the significance and consequences of this specific waiver of California Civil Code § 1542.

Limitation of Liability

  1. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NEITHER SUPPLYHOUSE, NOR OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND RELATED COMPANIES WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, PRODUCTS LISTED ON OR SOLD THROUGH THE SITE, OR CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SITE OR PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPPLYHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  2. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL SUPPLYHOUSE, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND RELATED COMPANIES BE LIABLE FOR ANY DEVICE (E.G. SMARTPHONES) OPERATING COSTS OR NETWORK CHARGES INCURRED WHILE USING THE SITE, OR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, PRODUCTS LISTED ON OR SOLD THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SUPPLYHOUSE'S RECORDS, PROGRAMS, OR PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

  3. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH OUR RETURNS AND REFUNDS POLICIES PUBLISHED ON THIS SITE.

  4. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF SUPPLYHOUSE, AND EACH OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, SUBSIDIARIES AND RELATED COMPANIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE, PRODUCTS LISTED ON OR SOLD THROUGH THE SITE, OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUPPLYHOUSE AND YOU.

  5. THE LAWS OF CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, INCLUDING BUT NOT LIMITED TO FOR PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, OR RECKLESSNESS. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS THAT ARE THE SUBJECT OF THOSE LAWS SHALL NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

Indemnification

YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS SUPPLYHOUSE, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND RELATED COMPANIES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SITE, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SITE, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

Governing Law, Arbitration and No Class Actions

  1. GOVERNING LAW. YOUR USE OF THE SITE AND ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SITE INCLUDING THE TERMS, PRIVACY POLICY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PROVISIONS.

  2. ARBITRATION. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND SUPPLYHOUSE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES ARISING OUT OF OR RELATING TO THE SITE, TO THE USE OR ACCESS THEREOF, TO PARTICIPATION OR USE OF ANY SERVICE MADE AVAILABLE THROUGH THE SITE OR OTHER SITE RELATED ACTIVITY/OPPORTUNITY, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD OR MADE AVAILABLE ON OR THROUGH THE SITE, OR TO THESE TERMS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE SITE CONCERNS INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT ("FAA") GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE NEW YORK STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN SUFFOLK COUNTY, NEW YORK, OR IN THE CITY NEAREST TO OUR PRINCIPAL PLACE OF BUSINESS WHERE THE AMERICAN ARBITRATION ASSOCIATION ("AAA") HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA'S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. YOU AND WE AGREE THAT ANY SUIT, ACTION OR PROCEEDING SHALL BE BROUGHT IN THE STATE OF NEW YORK AND HEREBY IRREVOCABLY CONSENT TO BE SUBJECT TO THE PERSONAL JURISDICTION THEREOF AND WAIVE ANY CLAIM OF FORUM NON CONVENIENS OR LACK OF PERSONAL JURISDICTION THAT YOU OR WE MAY OTHERWISE HAVE.

  3. NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD OR MADE AVAILABLE ON OR THROUGH THE SITE, OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO PARTICIPATION IN A CONTEST OR OTHER SITE RELATED ACTIVITY/OPPORTUNITY, TO THE ADVERTISING AND CONTENT ON THE SITE, TO THE PRODUCTS, SERVICES, MATERIALS, PROGRAMS OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD OR MADE AVAILABLE ON OR THROUGH THE SITE, OR TO THESE TERMS.