This Usage Agreement between you and iSuppli Corporation ('iSuppli') sets forth the terms and conditions of your use of the web site available at http://www.isuppli.com
('iSuppli.com'). This Usage Agreement, together with our Privacy Notice constitute the sole and exclusive agreement between you and iSuppli concerning your use of the iSuppli.com site, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
By browsing the iSuppli.com site, you are agreeing to be legally bound by the terms, conditions, and notices contained or referenced herein. Please read this Agreement carefully before browsing this web site. If you do not agree to all the terms, conditions, and notices, please do not browse this web site.
iSuppli reserves the right to alter, change, or otherwise modify this Agreement at any time and we ask that you review it periodically for such changes. We also reserve the right to modify the availability of any feature of the iSuppli.com site. Your continued use of the iSuppli.com site after the posting of any changes to this Usage Agreement signifies your acceptance of those changes. This Usage Agreement was last revised on October 10, 2008.
Our Privacy Notice describes our privacy practices.
The iSuppli.com site provides information to its visitors; the iSuppli.com site is not intended to provide advice of any kind. iSuppli makes no guarantee regarding the accuracy, timeliness or completeness of the information provided on the iSuppli.com site and iSuppli shall not be liable for any errors or delays in the content appearing on the iSuppli.com site, or for any actions you or others may take based on that content. You acknowledge and agree that it is solely your responsibility to evaluate the accuracy, completeness, usefulness, or appropriateness of any information on the iSuppli.com site.
All content on the iSuppli.com web site, including all artwork, data, designs, graphic content, illustrations, images, photographs, text, or other copyrightable subject matter, and all trademarks, services marks, and trade names appearing therein (collectively, the 'Intellectual Property') are the sole property of iSuppli Corporation and/or its subsidiaries, affiliates, assigns, licensors or other respective owners, and are protected pursuant to United States and foreign law. Nothing contained on the iSuppli.com web site should be construed as granting either directly, by implication, estoppel, or otherwise, any license or right to use any copyrighted material, trademark, service mark, or trade name displayed on the web site without the prior written permission of iSuppli.
You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any of the Intellectual Property on the site. Notwithstanding the foregoing, you may download the Intellectual Property for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices appearing in any such Intellectual Property. In the event that you download Intellectual Property, you acknowledge and agree that (i) such property is licensed to you by iSuppli pursuant to the terms of this Usage Agreement, and (ii) no transfer of title to any such Intellectual Property is intended.
Any software available on the iSuppli.com site is subject to United States Export Controls. No software from the site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using software available on the iSuppli.com site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Linking to the iSuppli.com Site
iSuppli.com is not responsible for the content of any off-site pages or any other sites linked to the iSuppli.com site. Your linking to any other off-site pages or other sites is at your own risk.
You may only link to the iSuppli.com web site by linking to the homepage located at http://www.isuppli.com. Linking directly to any other page or content within the iSuppli.com site is prohibited without iSuppli's prior written consent. If you link to iSuppli.com, you may not duplicate the content and may not create frames or other borders around the iSuppli.com site. You also may not imply that iSuppli endorses you or your services or products and may not misrepresent a relationship with or otherwise create a false affiliation, association, or connection, with iSuppli or iSuppli.com.
Use of the iSuppli.com Site on Behalf of a Third Party
You represent that, if you are accessing and using the iSuppli.com site on someone else's behalf, you have the authority to bind that person as a principal to all terms and conditions provided herein. You agree to accept liability for harm caused by that person's wrongful use of the site.
Disclaimer of Warranties
THE CONTENT FOUND ON THE ISUPPLI.COM SITE IS PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ISUPPLI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ISUPPLI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISUPPLI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT APPEARING ON THE SITE OR ON THIRD PARTY SITES IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE CONTENT, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE CONTENT, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE CONTENT PROVIDED ON THE SITE. YOU (AND NOT ISUPPLI) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO SUCH DATA.
Limitation of Liability
IN NO EVENT SHALL ISUPPLI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ISUPPLI.COM SITE OR WITH THE DELAY OR INABILITY TO USE THE ISUPPLI.COM SITE, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE ISUPPLI.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ISUPPLI.COM SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ISUPPLI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify, and hold harmless iSuppli and its respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (i) any non-compliance by you with the terms and conditions of this Usage Agreement, and (ii) from claims brought by persons or entities other than the parties to this Usage Agreement arising from or related to your access and use of the iSuppli.com web site, including the information obtained through the web site.
Password-Protected Web Site
This Usage Agreement governs the use of the publicly available section of the iSuppli.com web site. The password-protected areas of the web site (such as the pay-per-use section) have additional terms and conditions associated with them.
Registration and Security
Should you wish to subscribe to a pay-per-use or subscription portion of the iSuppli.com web site, iSuppli will provide you with a user name and password. You will also have to provide iSuppli certain registration information, all of which must be accurate and updated. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your user name and password.
- You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your user name or password, or any known or suspected breach of security, including the loss, theft, or unauthorized disclosure of your password or credit card information.
- You must be 18 years or older to subscribe to the pay-per-use portion of the site; however, persons of all ages may use them. Thus, you may share your password and user name with others, subject to [(d), below].
- You are responsible for all usage or activity on your user name and password, including use of the account by any third party authorized by you.
Fees and Payments
iSuppli reserves the right at any time to charge fees for access to any portion of the iSuppli.com web site or the web site as whole. If at any time iSuppli requires a fee for portions of the web site that are now free, iSuppli will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in an appropriate location on the web site. You shall pay all fees and charges incurred through your use of pay-per-use portions of the web site at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the web site by iSuppli. All fees and charges shall be billed to and paid for by you.
Communications Between iSuppli and You
iSuppli reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the web site. iSuppli also reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. For more information please read our Privacy Notice.
This Usage Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated by you or by iSuppli. You may terminate this Usage Agreement at any time by sending an e-mail to email@example.com. If this Usage Agreement is terminated, you will have no further access to the iSuppli.com site. iSuppli may, in its sole discretion, terminate this Usage Agreement for any reason, including, without limitation, your breach or assignment of this Usage Agreement, or your tampering with or altering any of the software and/or data files contained in, or accessed through, the web site. Upon termination, you will receive an automated confirmation via e-mail that this Usage Agreement has been terminated, and that your access has been suspended. You are responsible for all charges incurred up to the time this Usage Agreement is terminated. Termination of this Usage Agreement or your access rights shall not affect any right or relief to which iSuppli may be entitled, at law or in equity. Upon termination of this Usage Agreement, all rights granted to you will terminate and revert to iSuppli.
Unless otherwise specified, the materials on the iSuppli.com web site are presented solely to provide information regarding and to promote iSuppli's products. The iSuppli.com site is controlled and operated by iSuppli from its offices within the State of California, United States of America. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Usage Agreement or your use of the iSuppli.com web site shall be filed only in the state or federal courts located within the State of California, and you submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that, local laws are applicable.
You agree that, unless other instructions are posted on the iSuppli.com site, all notices will deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or by Federal Express or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for iSuppli.com posted on the site. All notices shall be effective upon receipt, except that e-mail and fax notices shall be effective upon transmission.
You acknowledge and agree that any acceptance of your application for the services and performance thereof will occur at our offices in El Segundo, California. You acknowledge and agree that, to the extent necessary, it is your responsibility to: (i) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (ii) provide for your own connection to the Internet and pay any telephone fees associated with such connection.
Nothing contained in this Usage Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
This Usage Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of iSuppli. Any assignment other than as provided for in this Section shall be null and void. If any provision of this Usage Agreement shall be declared unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Usage Agreement and shall not affect the validity and enforceability of any remaining provisions. iSuppli will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of iSuppli.com as reflected in the original provision. This Usage Agreement may not be amended or modified by you except by means of a written document signed by you and an authorized representative of iSuppli.
Any failure by iSuppli to enforce any of its rights under applicable laws shall not constitute a waiver of such right. The titles and subtitles used in this Usage Agreement are used for convenience only and are not to be considered in construing or interpreting this Usage Agreement.
You acknowledge and agree that this Usage Agreement may change, an that access to and use of the iSuppli.com site is subject to the Usage Agreement in effect at the time of access and use.
Important Information for California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information Current prices for the products available on the iSuppli.com site may be obtained [by emailing firstname.lastname@example.org]. iSuppli reserves the right to change its prices at any time.
Complaints The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
Use of RSS Feeds
RSS is a free service offered by iSuppli for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted toward the iSuppli Content, are strictly prohibited. You must use the RSS feeds as provided by iSuppli, and you may not edit or modify the text, content or links supplied by iSuppli. For web posting, reprint, transcript or licensing requests for iSuppli material, please send your request to email@example.com.
Link to Content Pages
The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the iSuppli website. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable iSuppli web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable iSuppli web page.
iSuppli retains all ownership and other rights in the RSS Content, and any and all iSuppli logos and trademarks used in connection with the RSS Service. You must provide attribution to the appropriate iSuppli website in connection with your use of the RSS feeds. If you provide this attribution using a graphic, you must use the appropriate iSuppli website's logo that we have incorporated into the RSS feed.
Right to Discontinue Feeds