Terms of Use
1. AN AGREEMENT BETWEEN YOU AND US
SupplyBox.com (“We,” “Us,” “Our,” or “SupplyBox.com”) operates this website,
http://www.supplybox.com/ (“Site”). These Terms of Use (“Terms of Use”) are applicable to you
(“User,” “You,” or “Your”). The terms contained herein apply to all Users of this Site. The Terms of Use
are effective upon Your access and use of the Site, and by accessing and using this Site, You agree to
comply with and be bound by these terms and conditions, together with the Privacy Policy
[http://www.supplybox.com/pages/privacy-policy], which are incorporated into this Agreement by reference,
represent the entire understanding and complete agreement by and among You and SupplyBox.com.
Read these Terms of Use carefully before You begin using this Site. If You do not agree to be bound by
these Terms of Use, then You should not continue to use this Site, and You should exit its pages.
Note that the Terms of Use may be updated from time to time, and any User’s continued use of this
Site after We have made updates to the terms is considered acceptance of those updates. For clarity,
all updates are effective immediately when posted. It is Your responsibility to check the Terms of Use
periodically for updates.
2. ACCESS AND USE OF THIS WEBSITE
All materials in this Site are made available only to provide information about SupplyBox.com and its
related or affiliated companies.
A. COPPA Notice. This Site is offered and available to users who are eighteen (18) years of age or
older. THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN EIGHTEEN (18)
YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy
Protection Act (“COPPA”) by reviewing Our Privacy Policy
[http://www.supplybox.com/pages/privacy-policy]. By using this Site, You represent and warrant that
You are at least eighteen (18) years old, and You are hereby bound to these terms and
conditions. If You do not meet this age requirement, You must not access or use the Site.
B. Use Intended for United States Only. SupplyBox.com controls and operates this website from
within the United States of America. We make no representation that these materials are
appropriate or available for use in other locations outside of the United States. If You use this
Site from other locations, You are responsible for compliance with applicable United States
and local laws. By using this Site, You represent and warrant that You are a lawful User of this
Site.
C. Reliance on Information Posted. We reserve the right to modify the Site in Our sole discretion
without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is
unavailable for any period of time. Periodically, We may restrict access to portions of the Site, or
the entire Site. We may make these modifications at any time and for any reason without prior
notice. You assume any and all risk for decisions based on information contained within this Site.
The information presented on or through the Site is made available solely for general
information purposes. We do not warrant the accuracy, completeness, or usefulness of this
information. Any reliance You place, or decisions You make, on such information is strictly at
Your own risk. We disclaim all liability and responsibility arising from any reliance placed on
these Site materials by You or any other User of the Site, or by anyone who may be informed of
any of its contents.
D. Links to Third-Party Websites. This Site may contain links to other websites on the Internet, and
which are not maintained by SupplyBox.com. When You leave this Site, You do so at Your own
risk. By providing a link to a third-party website, We are not endorsing or attempting to
associate with any other entity. Other websites are not under Our control, and You acknowledge
that We shall not be responsible or liable for any of the text, images, videos, content, or any
other content or information from a third-party website. You also acknowledge that
SupplyBox.com, shall not be responsible or liable for any damage or loss caused or alleged to be
caused by, or in connection with, Your reliance on any information, any good, any service, or any
other material provided through a third-party website.
E. Prohibited Uses. As a condition of Your use of the Site, You represent and warrant that You shall
not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree to
abide by all applicable federal, state, local, or international law or regulation (including, without
limitation, any laws regarding the export of data or software to and from the United States or
other countries). Evidence of possible use of this Site for illegal purposes may be provided to law
enforcement authorities.
While using the Site, You further agree:
- Not to falsify any personal information or otherwise create misleading information;
- Not to use the Site in any manner that could disable, overburden, damage, or impair the Site or
interfere with any other party’s use of the Site;
- Not to use any device, software, or routine that could interfere with the proper working of the
Site;
- Not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or
otherwise attempt to interfere with the proper working of the Site;
- Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms,
time bombs, or any other harmful or deleterious programs;
- Not to use any robot, spider, or other automatic device, process, or means to access the Site for
any purpose, including monitoring or copying any of the material on the Site;
- Not to use any manual process to monitor or copy any of the material on the Site or for any
other unauthorized purpose without Our prior written consent;
-
Not to download, decompile, reverse engineer, disassemble, or manipulate the Site files or Site
software in any manner;
- Not to interfere with or disrupt the Site networks or servers;
- Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or
networks connected to the Site, through password misuse, mining or any other means;
WE HEREBY DISCLAIM ANY OBLIGATION TO MONITOR USE OF THIS SITE, OR TO RETAIN THE CONTENT
ON THIS SITE, UNLESS OTHERWISE AGREED. Notwithstanding the foregoing, SupplyBox.com reserves the
right, in Our sole discretion, to audit or otherwise monitor any communication transmitted using the
Site. We further reserve the right at all times to review, retain, and/or disclose any information as
necessary to satisfy any applicable law, regulation, legal process, governmental request, or business
need of SupplyBox.com.
3. INTELLECTUAL PROPERTY
The Site, including all text, images, designs, graphics, content, source code, object code, data, features,
functionality (including but not limited to all information, software, displays, enablement of video and
audio, and the design, selection, and arrangement thereof) are owned by Us, Our licensors, or other
providers of such materials. For purposes of clarity, SupplyBox.com owns the rights to the compilation,
arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to
all information entered and stored within Our Site database(s), as part of the Site. This material,
collectively, is protected by United States copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws. Additionally, all of the Site content is copyrighted
material and is protected by the Copyright Act of 1976, and You are not permitted to republish,
reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this
Site without Our prior, express, and written permission. We retain all of these intellectual property
rights. You may not copy, download, republish, distribute, reproduce, post, upload, transmit, transfer,
prepare derivative versions or works, or otherwise use any of the information contained on this Site in
any form without the prior written consent of SupplyBox.com.
User-Submitted Content. When You submit comments, ideas, suggestions, photos, graphics, or
any image, text, video, or audio files, or any other type of information through this Site, You
grant Us a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use
any content that You submit (“User-Submitted Content”). All User-Submitted Content shall be
considered public and non-confidential information. For purposes of clarity, SupplyBox.com will
be under no obligation to treat User-Submitted Content as confidential or proprietary. You
hereby acknowledge and agree that User-Submitted Content may be displayed on this Site and
used by Us in any of Our marketing material(s), at Our sole discretion and without any duty of
compensation to the User.
Additionally, when You submit information to this Site, You represent and warrant that You have
ownership and authority to post the information. You agree that You will not post any
information to this Site that You do not own. YOU HEREBY REPRESENT AND WARRANT THAT
YOU WILL NOT UPLOAD, OR OTHERWISE TRANSMIT, USER-SUBMITTED CONTENT ONTO THIS
SITE, THAT INFRINGES THE RIGHT(S) OF ANY OTHER PARTY. You further agree that you will
indemnify, defend, and hold harmless SupplyBox.com from and against any and all third- party
demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs, or expenses
(including without limitation reasonable attorneys’ fees and the costs of any investigation)
arising out of, in connection with, or resulting from any violation or alleged violation regarding
Your User-Submitted Content and a third party’s proprietary or intellectual property rights.
BY PROVIDING USER-SUBMITTED SITE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU
ARE RESPONSIBLE FOR ALL MATERIAL THAT YOU SUBMIT, AND YOU ASSUME ALL LEGAL
OBLIGATIONS RELATING TO YOUR USER-SUBMITTED SITE CONTENT, INCLUDING BUT NOT
LIMITED TO THE CONTENT’S APPROPRIATENESS, LEGALITY, AND INTELLECTUAL PROPERTY
RIGHTS AND OWNERSHIP.
4. DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT
ANY WARRANTIES OF ANY KIND.
SUPPLYBOX.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW,
STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO
WARRANTIES OF ANY KIND REGARDING THE SITE, SUPPLYBOX.COM, INFORMATION FOUND ON THIS
SITE, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THIS SITE. WE MAKE NO WARRANTIES WITH
REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS,
SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED OR IN CONNECTION WITH THE SERVICES
OFFERED IN CONNECTION WITH THE SITE. SUPPLYBOX.COM DOES NOT WARRANT THAT THE SITE WILL
BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
You are responsible for implementing sufficient procedures and security mechanisms to satisfy Your
particular requirements for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to and separate from Our Site to reconstruct any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE
ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY THIRD-PARTY WEBSITE LINKED TO IT.
5. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SUPPLYBOX.COM FROM ALL LIABILITY
ASSOCIATED WITH YOUR USE OF THIS SITE.
You, alone, acknowledge that You are responsible for any actions You take while on this Site. You
recognize that Your use of the Site and any subsequent actions arising from Your use of the Site are
taken solely at Your own risk.
IN NO EVENT WILL SUPPLYBOX.COM, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OR OUR
AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE
THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES,
OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED
BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE
FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
6. INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SupplyBox.com and
its affiliates, officers, directors, employees, agents, contractors, licensors, and any information
providers, from and against any and all third-party demands, claims, actions, proceedings,damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) arising out of, in connection with, or resulting
from any violation or alleged violation of Your breach of or default under the terms or
conditions of these Terms of Use, or any negligence, gross negligence or willful misconduct by
or on behalf of You or Your employees or agents. For purposes of clarity, these indemnification
obligations apply to Your use of the Site, along with Your use of the Site’s content and services,
other than as expressly authorized in this Terms of Use, Your use of any information obtained
from the Site, and any information You provide to this Site.
YOU FURTHER AGREE THAT SUPPLYBOX.COM SHALL RESERVE THE RIGHT, AT YOUR
EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE
SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO
COOPERATE WITH SUPPLYBOX.COM IN THE DEFENSE OF SUCH MATTER.
7. GOVERNING LAW, JURISDICTION
These Terms of Use shall be construed, governed, and enforced under the laws of the United States and
the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all
actions, relating in any manner to this Agreement, shall be in a federal or state court of competent
jurisdiction located in Davidson County, Nashville, Tennessee. Each party to these Terms of Use waives
any objection based on forum non conveniens and waives any objection to venue of any action
instituted hereunder to the extent that an action is brought in the courts identified above.
8. SEVERABILITY
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be
ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining
provisions will continue in full force and effect.
9. WAIVER
No waiver by SupplyBox.com of any term or condition set forth herein shall be deemed a further or
continuing waiver of such term or condition or a waiver of any other term or condition, and any failure
of SupplyBox.com to assert a right or provision shall not constitute a waiver of such right or provision.
10. CHANGES TO THESE TERMS OF USE
As iterated above, We will make changes to these Terms of Use from time to time. It is Our custom to
provide notification on this page when We make material changes. The date that these Terms of Use
were last revised is identified at the top of the page. You are responsible for ensuring that You
periodically visit Our Site and these Terms of Use to check for any changes.
11. CONTACT US
To ask questions or comment about these Terms of Use, You may contact Us at:
E-mail Address: customerservice@supplybox.com
Attention: Customer Service
Supplybox.com
435 Calvert Drive
Gallatin, Tennessee 37066
12. ENTIRE AGREEMENT
This Terms of Use, along with the Privacy Policy, represent the entire understanding and complete
agreement by and among You and SupplyBox.com.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE
TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.
