Terms of Service
Please read carefully the following Terms and Conditions before using this or any of the Sites (defined below) and before usingany of the products or services available through any of the Sites (collectively, the “Storeroom Logix Services”).
The “App” means the Storeroom Logix downloadable mobile app (application), and any other downloadable mobile apps from SRX and/or anyof its subsidiaries, divisions, affiliates and related companies.
“Site” and “Sites” mean storeroomlogix.com, the App, and all other websites and Apps from SRX and/or any of its subsidiaries, divisions, affiliates and related companies.
By your use, continued use, browsing or viewing of any Site, your transmitting information to the Site or any SRX system, your allowing data to be transmitted to the Site or any SRX system, your placing of orders for any products or services through a Site, your use of any of the products orservices available through any Site, or your download and/or use of any App, you agree to these Terms. The Terms represent binding commitments by you to SRX. If you do not accept and agree with all of the Terms without modification, do not use any Site, any App, and you are not authorized to access or use any Site orApp for any purpose. If you are using the Site on behalf of your company, the Terms are binding upon both you and your company. You must be 18 years or older to use the Site. You affirm that you are 18 or older, as the Sites are not intended for individuals under 18.
If you are under 18, then you are prohibited from using or accessing any Site or services through a Site.
Read and Agreed. You represent that you have read and agree to abide by the Terms for a Site, as well as any other terms, disclaimers or policies set forth on a Site.
Modifications to Terms. We reserve the right to modify at any time, without giving you prior notice, the Terms, as well as any other terms, disclaimers or policies set forth on a Site. Your use or continued use of any Site or App following any such modification constitutes your agreement to follow and be bound by such things as modified. For this reason, we encourage you to review the Terms, as well as any other terms, notices, disclaimers and policies set forth on any Site whenever you use a Site.
Specific Terms for Portions of Sites; Purchases. One or more activities on or portions of Sites, such as product or service purchases, may have its own, additional or more specific terms and conditions, disclaimers and/or Terms, such as purchase, sales or shipping terms (“Portion Specific Provisions”). In the event of a conflict between any portion of these Terms and any part of Portion Specific Provisions, then the Portion Specific Provisions control for that specific purchase, activity and portion of the Site. For example, should you create an account or login at the Site, make or request orders or purchases through a Site, or engage in any Storeroom Logix Services, you agree not only to the Terms but also to the Portion Specific Provisions, including any shipping and handling terms. Please review the applicable Portion Specific Provisions. As another example, should you take some other action through a Site that may be established in the future, you agree both to the Terms and also any applicable Portion Specific Provisions for that future activity.
Users Outside the United States
This Website is not directed at orintended for users outside the U.S. Please be advised that if you are locatedin the European Union or another region with laws related to data collectionand use that may differ from U.S. law, your data submitted through this Websiteand transferred to the U.S. may not have the same legal data protection as inyour jurisdiction.
Users, Products and Services
As used herein, a “User” means anyone who browses and views aSite, whether or not such person creates an account. We reserve the right to charge for access to any Site (including Apps) or other services in the future. In such event, we will notify you in advance. We reserve theright to modify any features of this access to the Sites or other services atany time.
“Products” means any tangible items or anything else that wemay provide you information about, that may be shown, sold, licensed or thatmay be promoted through a Site. In the event that any pricing for Products is displayed on any Site, we reserve theright to change, increase or decrease fees or rates from time to time and priorto any purchases by you. Offers aresubject to change without notice. Productsdisplayed may be out-of-stock, discontinued or not available in your area. Purchasers are responsible for all sales tax,tariffs, duties and fees, which might or might not be quoted on any Site.
“Services” means any services that may be sold or offered orthat may be promoted through any Site. In the event that any pricing for Services is displayed on a Site, wereserve the right to change, increase or decrease fees or rates from time to time and prior to any purchases of Services by you. Offers are subject to change withoutnotice. Services displayed may bediscontinued or not available in your area. Purchasers are responsible for all sales tax, tariffs, duties and fees,if any, which might or might not be quoted on a Site.
We make efforts to display Products and Services,information about Products and Services as accurately as possible. We further cannot guarantee that the Productsor Services will be available outside the United States or in your region.
Discontinuation. We may change, suspend or discontinue any aspect of any Site at anytime, including without limitation, the availability of any feature, database orcontent. We may also impose limits oncertain features and services or restrict access to parts of or all of any Sitewithout notice or liability.
App Download. Your license/permission to use an App is subject to these Terms as wellas any click-wrap agreement or license for the respective App. In the absence of such other license, bydownloading the respective App, and subject to your first paying any requiredfees for the respective App, you are granted a limited, non-exclusive,non-assignable, non-sublicensable, non-delegable license to use the respectiveApp for its intended purposes on only the device on which it is downloaded. TheApp may include optional additional purchases and/or advertising and/or links.
To the extent thatyou are permitted to create one or more user accounts for your company, yourepresent that you have authority to do so, and you will not use such a useraccount beyond the scope permitted.
You are responsible for maintaining the confidentiality ofany account information, user names, logins, passwords, and security questionsand answers that you use to access any page or feature on a Site, and forlogging off your account and any protected areas of a Site. Further, you are fully responsible for allactivities that may result from your negligence, carelessness, misconduct orfailure to use or maintain appropriate security measures. You agree to contact us immediately if youbecome aware of any suspicious, suspected or unauthorized use or conductconcerning your account(s), user name(s), email address(es), logins, passwords,and security questions and answers, including loss, theft or unauthorized disclosure of your password or credit card information. We will not be liable for any loss or damagearising from your failure to comply with this paragraph. You are responsible for all usage or activityon or through your account, including the use of such things by any thirdparty, whether or not authorized by you to use such things. Any fraudulent, abusive, or otherwise illegal activity is a violation of these Terms and may be grounds for termination, at oursole discretion, and the person may be referred to appropriate law enforcementagencies.
Information about Products and Services provided to youthrough a Site may involve the electronic transmission, including via any emailaddress you provide to us, of information that you may consider to be personal informationor personal financial information, and you consent to such transmission(s).
By creating an account, you consent to receive email, SMS and other notifications.
You are fully responsible for all activities, includingorders, requests, and transmission of information or data, performed throughyour account.
Content -Ownership & Use
Content. Sites and SRX systems may have three types of content and data(“Content”).
User SubmittedMaterials. Content that is providedor posted by you to us, or that is transmitted by you to us, or that istransmitted to us by devices (buttons, lockers, cameras, video recordingdevices, labels, scans, etc.) at your premises, is known in these Terms as a “UserSubmitted Material.” Such transmissionsby you or from your premises include those sent for your benefit and those senton behalf of others. User SubmittedMaterial includes, without limitation, inventory data, product data, notices oflow inventory, testimonials, information, comments, postings, ideas, concepts,methods, systems, designs, plans, techniques, photographs, images, illustrations,audio files or clips, video files or clips, or other materials. User Submitted Materials are discussed below.
Third PartyContent. Content that a third partyprovides to us for inclusion on a Site, whether through a User SubmittedMaterial or otherwise, is known in these Terms as “Third Party Content.” Third Party Content is discussed below.
Our Content. Everything else, including all other Contentprovided by us, a Site itself, Trademarks, blogs, text, photographs, images,logos, graphics, artwork, icons, characters, video, audio content, information,data, software, graphs, videos, typefaces, sounds, brands, the template orlayout in which you arrange or organize a User Submitted Material through toolsor features made available through any Site, the design, layout, look andappearance of a Site (overall and in part) and other material, whether in theform shown on a Site or in other forms, media, technologies existing now orhereinafter developed is known herein as “Our Content.” Our Content also includes the code andscripts in any format used to implement a Site. Our Content can include items which were originally known as UserSubmitted Materials and which have subsequently become owned by us.
Ownership of Our Content. All of Our Content published on a Site is, ormay be, protected by copyright, trademark or other laws, and isowned, licensed or controlled by us. Third Party Content may also be protected by copyright or other laws,and owned or controlled by the party credited as the provider of the content,software, or other materials. You shallabide by all additional copyright notices, information, or restrictionscontained in any Content accessed through a Site. Nothing contained herein shall be construedas conferring by implication, estoppel or otherwise any license or right to orof the Content or Products.
Trademarks. Our "Trademarks" include: STOREROOM LOGIX, STOREROOM LOGIX and its logo and SRX. These and other brand that have been or may be adopted by us are known in these Terms as the "Trademarks." You agree that we own the Trademarks and that you will not use the Trademarks in any way without our permission and certainly not in any way that is likely to cause confusion with or to dilute our uses or rights. By accessing or using in any way this Site or the Storeroom Logix Services, you do not and will not acquire any ownership or usage right in the Trademarks.
Protection. The Sites, Our Content and Products are, or may be, also protected asand by copyrights, trademarks, patents or other proprietary rights andlaws. The Sites and our systems for theSite and SRX systems are copyrighted as one or more collective works and/orcompilations pursuant to U.S. copyright laws, international conventions, andother copyright laws, and we own, to the fullest extent allowed by such laws,the copyright in the selection, coordination, arrangement and enhancement of theSite, Our Content, and SRX systems. Exceptas expressly allowed by the Site as part of the normal functioning of the App and Sites, you may not copy, use, modify, publish, republish, download, post,transmit, remove, delete, enter into a database, augment, add to, reproduce,create derivative works from, distribute, distribute over a network or as aservice bureau, perform, display, transmit, frame, stream, market, participatein the transfer or sale, lease or rental of, or in any way exploit, any of theSites, Our Content and SRX systems, in whole or in part, without our expressprior written consent. Neither title norintellectual property rights are transferred or granted to you by access to a Site.
Third-Party Content. A Site may include certain information provided by third-parties, someof which we may display pursuant to license, permission or other legal authorization,such as fair use. Neither we nor theprovider of Third Party content shall have any liability for any errors ordelays in the substance, content, provision, or availability of Third Party Content, or for any actions taken in reliance thereon. Third Party Content may also be protected bycopyright or other laws, and owned or controlled by a Third Party, who may ormay not be credited as the owner, author or provider of the Third-Party Content.
Site Integrity. The Site have been specially designed for presentation of content in aunique format and appearance. We areconcerned about the integrity of a Site when it is viewed in a setting createdby a third party that includes advertising or other materials that we have not authorized to be displayed with a Site. Without limiting other provisions ofthese Terms, neither you nor any third party shall make use of any Site or Contentin any manner that constitutes an infringement or violation of our rights,including copyright, or that has not been authorized by us.
Copyright Notice. Copyright 2019 Storeroom Logix, LLC. All rights reserved.
Copyright Management Information. You agree that you will not remove, change orobscure any copyright or other notices for a Site, Content or anything from orinvolved with a Site.
USER SUBMITTED MATERIALS
Provision. Youmay have the opportunity on a Site (or otherwise) to post, transmit orotherwise make available User Submitted Materials. You also acknowledge thatyou may be transmitting to us User Submitted Materials by devices at yourpremises (e.g., buttons, lockers, cameras, video recording devices, labels,scans, etc.), and that such User Submitted Materials may include your company’sdata, information about your company’s products, and pictures and videos of yourcompany’s premises, products and/or persons. You agree that you have sufficient rights and permissions to transmit tous all User Submitted Materials and that you will comply with all laws(including posting appropriate notices) concerning the transmission of suchthings to us.
We reserve the right to post and to remove any UserSubmitted Materials sent to us or posted to a Site for any reason, or for noreason at all. Decisions as to whether UserSubmitted Materials should be posted or removed, or violates our standards willbe made in our sole discretion after we have actual notice of suchposting.
If you contribute or allow to be transmitted any UserSubmitted Materials, you are publishing every word, image, video and materialyou provide. You should assume that itmay be retained forever, although we assume no obligation to retain or make itavailable for any length of time, much less forever.
User Submitted Materials. You are responsible for all User SubmittedMaterials you provide. You are consideredto be providing any and all User Submitted Materials that are transmitted to usby devices at your premises (e.g. buttons, lockers, cameras, video recordingdevices, labels, scans, etc.). Yourepresent and warrant that:
-all User Submitted Materials you provide are NOT illegal,unlawful, defamatory, libelous, threatening, intimidating, derogatory, abusive,threatening, harassing, rude, vulgar, obscene, bigoted or hateful, insensitive,petty, uncivil, offensive, profane, scandalous, pornographic, indecent,invasive of privacy or publicity rights, tortuous, unreasonable, orintentionally false, fraudulent, deceptive, wrong, improper or otherwiseobjectionable;
-all User Submitted Materials you provide do NOT infringe,violate or misappropriate any copyright, patent, trademark, trade secret, orother intellectual property right, or any personal or privacy right;
-all User Submitted Materials you provide are eitheroriginal to you or are provided without violation or infringement of anycontract or rights of any others;
-all User Submitted Materials you provide do not contain anymaterial, non-public information about any third party or third-party’sintellectual property, trade secret, or other rights;
-no other party has any rights to the User Submitted Materials you provide or that you have all rights necessary to grant the rights and agree to the provisions of these Terms;
-your act of providing, and the continued existence on aSite of, such User Submitted Materials does NOT violate any right, restriction,law, regulation, ordinance, governmental decree, contract or obligation;
-all User Submitted Materials you provide are providedwithout any restrictions and that you have authority to provide all of the UserSubmitted Material and to agree to these Terms;
-all User Submitted Materials you provide do NOT violatethese Terms;
-all User Submitted Materials you provide do NOT solicit,encourage or promote illegal activity or substances;
-all User Submitted Materials you provide do NOT express orimply that any statements you make are endorsed by us, without our prior writtenconsent; and
-none of your User Submitted Materials give rise to civil orcriminal liability, encourage conduct that constitutes a criminal offense orotherwise violates any local, state or federal law.
You may NOT provide or post User Submitted Materials thatare contrary to the above representations, warranties and restrictions.
Indemnity for User Submitted Materials and your Actions. Youagree to indemnify and hold harmless SRX and its subsidiaries, divisions,affiliates and related companies from and against any and all claims, causes ofaction, liabilities, damages, losses, expenses and costs (including, withoutlimitation, attorneys’ fees) that arise directly or indirectly out of or from:(i) your violation of these Terms, any other applicable agreement with SRX andits subsidiaries, divisions, affiliates and related companies, anyrepresentation or warranty contained herein or therein or any applicable law;(ii) your User Submitted Materials; (iii) your activities in connection withobtaining products or services offered on or through a Site and/or theStoreroom Logix Services; or (iv) any activity related to access to or use of aSite or your account by you or any other person. User Submitted Materials that violate theseTerms may be removed from a Site; provided, however, that we have no obligationto remove User Submitted Materials in response to user reports or requests. Weare not responsible for, and will have no liability for, the removal ornon-removal of any User Submitted Materials from the Sites. You should keepback-up copies of your User Submitted Materials or on your hard drive or other computersystem.
Prohibited User Submitted Materials. Additionally, you may not post, transmit orprovide as a User Submitted Material for a Site the following:
-advertising or commercial solicitations, chain letters,pyramid schemes, investment opportunities;-promotional materials relating to other websites or onlineservices competitive with us or a Site;
-any personally identifiable information of you or anyoneelse; uploading media like images or videos of other people without theirpermission is strictly prohibited;
-software or other materials that are or contain spam, viruses,worms, time-bombs, Trojan horses, or another harmful or disruptive component;-personalized information about your own investments,objectives, needs or portfolios;
-political campaign materials, chain letters, mass mailingsor spam; or
-any robot, spider, site search/retrieval application orother manual or automatic device or process to retrieve, index, database, datamine, or in any way reproduce or circumvent a Site or the navigationalstructure or presentation of a Site.
Unsolicited Materials. Unless specifically requested, we do notsolicit any confidential,secret or proprietary information or other material from you through or for aSite, by e-mail or in any other way. Ofcourse, information we request that you provide to us (such as in the course ofcreating a user account) is not a User Submitted Material as that term is usedin these Terms.
Use of User Submitted Materials. Please note that we need to obtain certain rights in your User Submitted Materials. While you retain ownership any ownership you may have in your User Submitted Material,by submitting or otherwise making User Submitted Materials available to us, oron/through a Site, you hereby grant to us a royalty-free, perpetual,irrevocable, transferable, sub-licensable (through multiple tiers), worldwide,non‑exclusive right and license to use, reproduce, modify, adapt, publish,translate, create derivative works from and analyze your User SubmittedMaterials, and to incorporate your User Submitted Materials in other works inany form, media, or technology now known or later developed. For example, when a device notifies us thatyou are out of a product, we may analyze such notice, post to a section of theSite a notice that you are out of such product, and then after your order for theproduct, relay such information to the third party distributor. You further agree that we may disclose your UserSubmitted Material and the circumstances surrounding the use thereof to a thirdparty in order to provide the intended services for the Storeroom LogixServices, or to enforce these Terms, or to comply with legal obligations orgovernmental requests.
Likenesses. Youfurther consent to the use of your name and likeness, and the names andlikenesses of everyone in your User Submitted Material, and that you haveobtained the written consent, release and permission of every identifiableindividual in or shown in your User Submitted Material for the purpose of theStoreroom Logix Services and our analysis and improvement of our businesses,and that if any such other person is under 18, you have obtained the foregoingconsent, release and permission from such individual’s parent or guardian (andyou agree to provide us copies of all such documentation upon request). If your User Submitted Material contains thelikeness of an identifiable individual under 18, do not include such person’sidentifying information (such as, but not limited to, name and address) in yourUser Submitted Material. You also agreeand acknowledge that any and all of your User Submitted Materials, such asinformation, ideas, concepts, methods, systems, designs, plans, techniques orother similar materials, that you post, submit or otherwise communicate to usor a Site may be used by us and other users in any manner, and withoutlimitation may be displayed on a Site and copied, printed and distributed foreducational, promotional, marketing or any other purposes.
Noncommercial. To the extent that any forums, message boards, blogs and similar thingsare provided on a Site for the receipt and posting of User Submitted Materials,such things shall be used only in a noncommercial manner by you. You shall not, without our express approval,distribute or otherwise publish any material containing any solicitation offunds, advertising or solicitation for goods or services.
Responsibilities. We are not responsible for any content of any User Submitted Materials. We have the right, but assume no obligation,to monitor User Submitted Materials for compliance with these Terms or any otherreason. We reserve the right not to postand to delete, to move, or to edit messages that we, in our sole discretion,desire not to have on a Site, or deem abusive, defamatory, obscene, inviolation of copyright or trademark laws, otherwiseunacceptable or in violation of these Terms. We reserve the right, but not the obligation, to take any action we deemappropriate with respect to a Site, User Submitted Materials, and Third PartyContent to operate any Site properly, to protect other users, us, our businessrelationships, and guests to a Site, and to comply with legal obligations orgovernmental requests. The providers of UserSubmitted Materials shall remain solely responsible for the content of their UserSubmitted Materials, whether the User Submitted Material is edited or not. Any act by anyone working for us to commenton, like or respond to any User Submitted Material does not represent anyof: an acknowledgement of awareness ofthe User Submitted Material by anyone at our enterprise with suitable authorityand discretion, an endorsement of the User Submitted Material, a decision notto remove the User Submitted Material, or a re-publication of the UserSubmitted Material.
Editing. Byproviding a User Submitted Material, you acknowledge and agree that any UserSubmitted Materials (whether a letter to the editor, testimonial, review,commentary, or otherwise) may be edited, removed, modified, published,transmitted, displayed, truncated, or not posted, or not displayed by us. In addition, by providing a User SubmittedMaterial, you warrant that you have irrevocably waived all moral rights andother rights with respect to attribution of authorship or integrity, under anyapplicable law under any legal theory, in any User Submitted Materials you provide.User Submitted Material Inaccuracy. User Submitted Materials and the Third PartyContent that may be found on a Site have not necessarily been reviewed bypeople with the expertise required to provide you with complete, accurate orreliable information. Such things aretherefore “as is” and without any warranties of any sort from us. Without limitation, such things are NOTprovided with any warranties as to their accuracy, commercial reasonability,condition or non-infringement. Additional disclaimers are set forth below. We do not represent or endorse the accuracy orreliability of any User Submitted Material, Third Party Content, advice,opinion, statement, or other information displayed, uploaded, or distributedthrough a Site by any user, information provider or any other person orentity. You acknowledge that anyreliance upon any such opinion, advice, statement, memorandum, or informationshall be at your own sole risk. Wereserve the right, in our sole discretion, yet assume no obligation, to correctany errors or omissions in any portion of a Site.
Personal Information. Requested personallyidentifiable information you provide when utilizing the Storeroom Logix Servicesor otherwise ordering Products, Services or information about Products orServices is not considered a User Submitted Material. Information, including personallyidentifiable information (any information which can be used to identify aspecific individual, such as a name, email address, postal address or telephonenumber) which is provided as a User Submitted Material or posted by you on aSite in an area viewable by other users will be accessible to other usersincluding people you may not know. Makingthis information available may result in a user receiving “spam” or unsolicitede-mail. You are encouraged to usediscretion when communicating with others and/or disclosing personallyidentifiable information on-line. Inaddition, we have no control over, and shall have no liability for, damagesresulting from the use or misuse by any third party of information that youvoluntarily make public through a User Submitted Material. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLYIDENTIFIABLE INFORMATION PUBLICLY AVAILABLE THROUGH A USER SUBMITTED MATERIAL,YOU DO SO AT YOUR OWN RISK. Withoutlimiting the foregoing, you consent to the publication of any of the followingthat you provide to us, including in a testimonial: your name, first name, lastname, initials, the testimonial and signature.
You must engage in good behavior when utilizing a Site and the Storeroom Logix Services. Rude, insensitive, illegal, malicious or petty behavior is not productive, is not good behavior and will not be condoned. Personal attacks, fraudulent behavior, the use of aliases, sock puppetry, and vandalism also are not productive, not good behavior and will not be condoned.
Your Use of Sites. Your use of Sites must only be in legal fashion, for lawful purposes only, and in accordance with the Terms. Your use of Sites must be for your own personal use. Unauthorized use of a Site may give to a claim for damages and/or be acriminal offense. You acknowledge that we have no obligation to monitor any aspect of the Sites or the Content, and we assume no such obligation. We, however, reserve the right to monitor use of Sites to determine compliance with these Terms. We also reserve the right to refuse to post,to modify, or to remove, in whole or in part, any User Submitted Materials, Content, information or material(s), that, in our sole discretion, is unacceptable, undesirable, inappropriate, uncivil, wrong, incomplete, in violation of these Terms or otherwise should be removed, modified or not posted for any reason or no reason at all. We may also suspend, terminate and/or block anyone’s use of a Site, or any aspect of a Site, at any time in our sole discretion, for any reason or no reason at all. You may not copy or otherwise use automated means, robots, spiders or screen scrapers to copy or gather any data or information from a Site
No Duty to Police or Check
We under take no duty or obligation to police, monitor, review or verify any aspect of User Submitted Materials or Third Party Content. If you believe that you, your rights, intellectualproperty rights, or copyrights have been infringed, violated or defamed by Third Party Content or from anything on a Site, please contact us. We undertake no duty to comply with your request, but we have no tolerance for copyright infringement, libelous statements or other actions to violate rights.
Reporting Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use the Sites do the same. If you believe that your work has been improperly copied on any Site or by us in a way that constitutes copyright infringement, please forward the following six (6) itemsof information to the Copyright Agent named below:
(1) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, e-mail address;
(2) An identification of the copyrighted work that you claim has been infringed (or if multiple works allegedly infringed at a single online site, then provide a representative list of the copyrighted works you claim to have been infringed);
(3) Identification of the material that is claimed to be infringing (or to be the subject of infringing activity) and that you think should be removed (or access to which should be disabled) and other information sufficient to permit us to locate the material (such as the exact URL and description of the materials);
(4) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
(5) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(6) a statement by you, made under penalty ofperjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: ____(Person),_____(Address), _______________ (City), __ (State), _____ (zip code), phone number: ________________. Email:__________________. This contact information is only for suspected infringement. Contact information for other matters may be provided else whereon this site.
No Warranties from Us concerning Sites, Services or Content
The Sites and Content, as well as the Storeroom Logix Services, if any, are provided “as is” and without any warranties or any sort. Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition, or non-infringement. Additional disclaimers are set forth below.
With respect to product information provided to us by a third party, such as quantities, order time times, product identity, product specifications and price, such third party is solely responsible for its content and accuracy. We will not be responsible for typographical or other errors or omissions from third parties. Products, services and pricing are subject to change without prior notice. Product design is subject to change without notice. Inventory availability and published resale pricing are subject to rapid change.
DISCLAIMERS& LIMITATIONS ON LIABILITY
DISCLAIMER. YOUR USE OF THE SITEs and SToreroom logix SERVICES are AT YOUR OWN RISK. The SITES, OUR Content, products, and STOREROOM LOGIX SERVICES on a siteor provided through a site ARE EACH provided “as is,” ON AN “AS AVAILABLE”BASIS, and without guarantees or warranties of any kind, either expressed orimplied. Third PARTY content and User Submitted Materials are PROVIDED BY others, who may or may not make other promises, guarantees or warranties, and we are not responsible for any such things. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACITES IN a site, CONTENT, INFORMATION, products, STOREROOM LOGIX SERVICES OR OTHER MATERIALS AVAILABLE THROUGH a SITE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR substance OF THE content or OTHER SERVICES THAT MAY BE connected TO or associated with a SITE. We, OUR affiliates and OTHER third party service providers hereby expressly disclaim all warranties, including any and all warranties, express and implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, TITLE, accuracy, timeliness, completeness,reliability, suitability, NON-INFRINGEMENT, and condition. We, OUR affiliates and OTHER third party service providers do not represent or warrant that access to the site will be uninterrupted, or that there will be no failures, errors or omissions or lossof transmitted information, or that defects will be corrected, that no viruses will be transmitted on the site, or that a site or a server that makes it available are free of viruses or other harmful components. We, OUR affiliates and OTHER third party service providers do not warrant or make any representation regarding use, orthe result of use, of the content, SERVICES or products in terms of accuracy, reliability, or otherwise. The content, SERVICES and products may include technical inaccuracies or typographical errors, and WE may make changes or improvements at any time. You, and not WE, assume the entire cost ofall necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM your USE OF a SITE, products, STOREROOM LOGIX SERVICES, or theCONTENT. We, OUR affiliates and OTHER third party service providers MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT, STOREROOM LOGIX SERVICES, or products WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FORERRORS OR OMISSIONS IN SUCH things. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM any content, STOREROOM LOGIXSERVICES, or products THROUGH a SITE SHALL NOTCREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH a SITE, products, SERVICES, OR ANY CONTENT OR FUNCTION of a site, YOUR SOLE AND EXCLUSIVE REMEDY is TO DISCONTINUE USING THE products, STOREROOM LOGIX SERVICES, or site. WE DO NOT ENDORSE ANY OF THE third party content AND WE DO NOT ENDORSE THE ACCURACY OFANY OF such third party content.
Without limiting other provisions of these Terms, SRX is not responsible for poor connectivity or Services caused by transmission errors, improper tag usage, outside interference, improper set up or network issues. Without limiting other provisions of these Terms, SRX is not responsible for the upkeep and maintenanceof RFID hardware, buttons, lockers, vending devices, or any other item of your hardware, including your network to connect to the Site.
Goods or services neither manufactured nor rendered by SRX are the sole responsibility of the manufacturer or provider of those goods or services. We disclaim all warranties and responsibility for those goods and services.
SRX had the right to monitor the amount of data being transferred in connection with the Site and/or Storeroom Logix Services; SRX reserves the right to limit the amount of such data being sent or allowed, to prevent excessive usage, to aid with quality control, or for any other purpose. SRX reserves the right to charge overage fees if data fees exceed a limit, although SRX aims to provide notification and a warning.
Buttons, and/or support for Buttons, may be discontinued at any time upon the discretion of SRX.Not Professional Advice.
Content on a Site is not intended to be professional licensed advice. If you need specific advice (for example, medical, legal, financial or risk management), please contact a professional licensed by an appropriate governmental body.Timeliness.
The information on a Site, whether historical in nature or forward-looking, speaks only as of the time and date the information is posted on a Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from a Site if it is not, or is no longer, accurate or complete. Investors, borrowers, and other persons should use a Site in the same manner as any other educational medium and should not rely on a Site to the exclusion of their own professional judgment. Information obtained by using a Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. Your Requirements.
It shall be your own responsibility to ensurethat any Products, Services or information available through a Site meet yourspecific requirements. You areresponsible for obtaining and maintaining all telephone, computer hardware, andother equipment and all internet access services needed for access to and useof a Site, and you are responsible for all charges related thereto.Corrections.
We reserve the right to correct any errors or omissions on a Site. Althoughwe intend to take reasonable steps to prevent the introduction of viruses,worms, "Trojan horses" or other destructive materials to a Site, wedo not guarantee or warrant that any Site or materials that may be downloadedfrom a Site do not contain such destructive features. We are not liable for anydamages or harm attributable to such features. If you rely on a Site and anymaterials available through a Site, you do so solely at your own risk.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SRX, ITS SUBSIDIARIES, AFFILIATES, OWNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, A SITE, products, STOREROOM LOGIX SERVICES, the Content, or any materials and/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM A SITE, OR INFORMATIONAVAILABLE ON A SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ORANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER WHETHER THE ALLEGED LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. YOU HEREBY AGREE TO RELEASE SRX, ITS AFFILIATESAND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THETIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” WITHOUT LIMITING THE FOREGOINGOR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL SRX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS BY YOU OR ANY USE OF A SITE OR SERVICES; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OFTHESE TERMS BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET FORTH IN THESE TERMS. WITHOUT LIMITING THE FOREGOING, SRX IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSE BY YOUR USE ORMISUSE OF A SITE, CONTENT, STOREROOM LOGIX SERVICES OR PRODUCTS. ANY CLAIMS ARISING IN CONNECTION WITH A SITE, CONTENT, SERVICES OR PRODUCTS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.WE MAKE NOREPRESENTATION THAT A SITE OR CONTENTS ARE APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LAWS APPLICABLE, INCLUDING THOSE APPLICABLE WHERE YOU ARE, AND INCLUDING ALL IMPORT AND EXPORT REGULATIONS ANDLAWS.
You Assume the Risk.
To the extent permitted by law, you assumethe risk of all use of a Site and the Content. As set forth below in these Terms, you release us from all liability and you will indemnify and defend us.Risk of Loss.
Items purchased from a Site, if any, may made pursuant to a shipment contract. The risk of loss and title for such items, if any, passes to you upon our delivery of the product to the carrier.Indemnity.
You agree to indemnify and hold SRX, its subsidiaries, affiliates, parents, licensors, content providers, and service providers, and all of our/their employees, agents, officers, managers, directors, owners, shareholders, agents,and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you or done at your direction or request or from any illegal conduct by you, including without limitation any use of A Site, Products, Storeroom Logix Services, or any Content other than as expressly authorized in these Termsor as may be expressly authorized in another agreement. You agree that the Indemnified Parties will have no liability in connection with any such breachor unauthorized action, and you agree to indemnify any and all resulting loss,damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection there with. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your providing a User Submitted Material, violating any of these Terms or using any Product, Storeroom Logix Services, or Content. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provideus with such cooperation as is reasonably requested by us and reimburse us all defense costs, including reasonable attorneys’ fees.Class Action Waiver.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.No Obligation to Participate in Disputes Between Users or Third Parties.
If there is a dispute between users of a Site, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with oneor more other users, you release us, our subsidiaries, and affiliates and each of their officers, employees, shareholders, members, agents, representatives, and successors from any and all claims, demands, and damages of every kind ornature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or a Site.
You may not create a link to this website from another website or document without our prior written consent. From time to time, a Site may also include links to other websites. These links are providedfor your convenience to provide further information and for you to access at your own risk. They do not signify that we endorse or have an association with the linked website(s). We have no responsibility for the content of the linked website(s), and we disclaim all warranties and responsibilities for linked website(s), and for their accuracy, availability or completeness. We make no representations or warranties asto the security of any information (including without limitation credit cardand other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to linked websites and third-party content.User Information.
Please keep in mind that whenever you voluntarily disclose personal information online - for example, through email, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.
Ultimately, you are solely responsible for determiningwhether you intend for your personal information to be confidential and for maintaining its confidentiality. Please be careful and responsible wheneveryou are online. Applicable Laws.
We control and operate the Sites from our offices in the United States of America, and the Sites are not intended to subject us to the laws or jurisdictions of any state, country or territory other than that of the United States. We do not represent that materials on a Site are appropriate or available for use in other locations. Persons who choose to access a Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You and we agree that any cause of action that may arise under these Terms shall be commenced and be heard in the appropriate court in the State of NorthCarolina. You and we agree to submit tothe personal jurisdiction of the courts located within the State of North Carolina and waive any defenses to the assertion of jurisdiction by or venue in these courts, and you consent to extra-territorial service of process. To the extent allowed by law, you agree that the exclusive jurisdiction for any cause of action that may arise under the Termsor that may relate to a Site shall be an appropriate court, federal or state, in North Carolina. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by acourt of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action of yours arising out of or related to use of a Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.Drafting.
These Terms shall be interpreted according to their express terms, withno presumptions against the drafting party.Breaches of Security.
We are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information. We also may allow to be displayed on a Site advertisements of third parties. We are not responsible for such third party’s privacy policies or how they treat information about their users.Legal Subpoenas.
We may disclose personal information, User Submitted Content if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized useof a Site; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as partof any investigation into your actions).
You are further notified, pursuant to 47 U.S.C. section230(d) that parental control protection protections (such as computer hardware, software or filtering services) are commercially available that may assist youin limiting access to material that is harmful to minors. Information identifying current providers of such protections is or has been available at the websites of the Electronic Frontier Foundation (http://www.eff.org
) and America Links Up (http://www.netparents.org
Severability and integration: Unless otherwise specified herein and unless additional provisions apply to the specific purchases or activities at issue, these Terms constitute the entire agreement between you and us with respect to a Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, orelectronic) between you and us with respect to a Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain infull force and effect.