Terms of Use

Thank you for visiting MPOWR, a SupplyCore Solution. (“MPOWR”) and our Site www.mpowr.com which is owned and operated by SupplyCore (“we” or “us”). The Site provides informational content related to the products and services provided by SupplyCore under the name MPOWR (the “Services”).

This Site Terms of Use (“Terms of Use”) and our related Privacy Policy constitute a binding agreement between you and SupplyCore. Please read carefully through all sections of these Terms of Use. Your access to and use of the Site are subject to these Terms of Use, the Privacy Policy and all applicable laws. By registering, creating an account, accessing and/or otherwise using the Site, or otherwise submitting your contact information to receive more information from us through the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Site and you should not register with or submit your contact information to the Site.

We reserve the right, at any time, to add to, change, update or modifythese Terms of Use, simply by posting such change, update, or modificationon the Site and without any other notice to you. Any such change, update,
or modification will be effective immediately upon posting on the Site.Accordingly, it is your responsibility to review the Terms of Use from time to time to ensure that you continue to agree with them. Each time you access or the Site, you agree to be bound by the then-current Terms of Use.

User Registration/Requesting Information

You must be eighteen (18) years of age or older to use the Site. You maynot use the Site and should not register with or submit your contactinformation to the Site if you are less than eighteen (18) years of age.

Certain users may be able to register, create an account or otherwiseprovide information in order to access certain features of the Site. If so, you may choose a user name and a password through the Site registration process. You are responsible for keeping any user name and password you create with the Site confidential. You are responsible for all activities and purchases (whether by you or by others) that occur under your password and/or account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. SupplyCore will not be liable for any loss or damage arising from your failure to keep your account information protected.

By registering for an account on the Site and/or providing informationthrough the Site, you assert that you are a real person and that yourinformation is true and accurate to the best of your knowledge. You agree not to submit false information when registering and/or providinginformation on or through the Site. By registering with the Site and/orproviding information through the Site, you consent to receive periodiccommunications from SupplyCore, and their affiliates, employees, agents, representatives and any third party service provider of SupplyCoreregarding your inquiry or in obtaining the Services. For more informationon how we may use the information you provide during registration orotherwise provide to us, please see the Privacy Policy.

Proprietary Rights

SupplyCore or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of SupplyCore’s or its licensors’ intellectual property rights. You may not copy or post any content of the Site in any other public forum without the written consent of SupplyCore, including other Site, web services, or print publications. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.

The Services are owned and operated by SupplyCore and contain materials(including but not limited to all software, design, text, photographs, illustrations, audio and/or video clips, names, logos, trademarks) whichare derived in whole or in part from materials supplied by SupplyCore andits partners, affiliates, employees, agents and representatives, as well as other sources. The Services and materials contained therein are protected in whole or in part by U.S. copyright laws, international treatyprovisions, trademarks, service marks, U.S. patent laws and/or otherintellectual property laws. You agree to abide by all applicableintellectual property laws, as well as any additional notices, such ascopyright notices or restrictions, contained in the Services. Youacknowledge that the Services and materials contained therein constitutevaluable intellectual property of SupplyCore and its licensors. You agreeto protect the proprietary rights of SupplyCore and its licensors. Youagree to notify us immediately upon becoming aware of any claim that theServices infringe upon any intellectual property rights of another. Allpresent and future rights in and to any intellectual property in theServices and materials therein, including, for example, trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights, shall, as between you and us, remain the exclusive andsole property of SupplyCore. Any unauthorized use of the Services or materials contained therein may violate intellectual property laws.

License

Subject to your compliance with these Terms of Use, SupplyCore grants you a limited, non-exclusive, non-sublicensable, non-transferrable and revocable right to access and use the Services only for your own internal, personal or non-commercial use, and only in a manner that complies with the legal requirements that apply to you and your use of the Services. We may revoke this license at any time, in its sole discretion. Upon any such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Services, as well as copies of such materials.

Your Communications to the Site

Except to the extent your content or communications include PersonalInformation (as defined in the Privacy Policy), by forwarding any contentor communications to us through the Site or by other electronic means, yougrant SupplyCore a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. As to your Personal Information, we will only use it in accordance with the Privacy Policy. No compensation will be paid with respect to SupplyCore’s or its sublicensees’ use of the information in your communications. SupplyCore is under no obligation to post or use any content and communications you may provide and may remove any content or communication at any time in SupplyCore’s sole discretion. By posting, uploading, inputting, providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content and communications and grant the license above.

Prohibited Activities

The following activities are expressly prohibited from the Site:

  • Creating a username in violation of anyone’s trade secret, copyright, or other intellectual property right.
  • Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages or defamatory statements.
  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
  • Engaging in activity that compromises the Site. Such activity mayinclude, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  • Engaging in any activity designed to impede the use of the Site byother users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Accessing the Site by means of automated process, spiders, bots orsimilar device.

Federal and State Laws

When using the Site or when using any other media provided by SupplyCore, you must obey all applicable federal, state and local laws. Any use of theSite that violates any applicable laws will be grounds for discontinuingyour rights to access the Site.

Disclaimer of Representations and Warranties

EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS SITE AND THE INFORMATION PROVIDED THROUGH IT AND ANY REFERENCED THIRD-PARTY SITES AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INFORMATION REGARDING THIRD-PARTY GOODS OR SERVICES IS SUPPLIED AS A CONVENIENCE TO YOU AND THEIR LISTING ON THE SITE DOES NOT CONSTITUTE A SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT OF THE THIRD PARTY GOODS OR SERVICES. SUPPLYCORE DISCLAIMS ALL EXPRESS AND IMPLIED REPRESENTATIONS AND WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SUPPLYCORE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USEOR THE RESULTS OF THE USE OF THE SITE OR ANY CONTENT ON THE SITE INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS OR WARRANTIES REGARDING THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
By providing THE SERVICES on the Site, SUPPLYCORE does not in any way promise that the SERVICEs will remain available to you. SUPPLYCORE isentitled to terminate all or ANY part of the site at any time, in its sole discretion without notice to you.

Limitation of Liability

THE LIABILITY OF SUPPLYCORE and its affiliates, employees, agents,
representatives and third party service providers (collectively,
“SUPPLYCORE parties”) WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OFYOUR USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THESITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OROTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF ONE HUNDREDDOLLARS ($100).
IN NO EVENT WILL the SUPPLYCORE parties BE LIABLE TO ANY PARTY FORCONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNiTIVE ORSIMILAR DAMAGES OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OFPROGRAMS OR LOSS OF DATA RELATED TO OR ARISING FROM YOUR USE OF THE SITE,
EVEN IF SUPPLYCORE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless the SupplyCore Parties for any and all claims, demands, actions, liability, fines, penalties andexpenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to submissions, unauthorized use of material obtained through the Site, or breach of theseTerms of Use.

Third-Party Links

The Site may contain links to other third-party Sites. Such third-partysites are maintained by persons or organizations over which SupplyCoreexercises no control. SupplyCore expressly disclaims any responsibility for the content or results from your use of such third-party links. All third party sites are provided in their AS-IS condition.

Copyright Complaints

SupplyCore respects the intellectual property of others. If you believethat your work has been copied in a way that constitutes copyrightinfringement, please provide SupplyCore’s agent with the followinginformation.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

SupplyCore’s agent for notice of claims of copyright infringement on the Site can be reached as follows:

SupplyCore
Attn. Legal Counsel
303 N. Main Street, Suite 800

Rockford, IL 61101

(815) 997-1660

mpowr@supplycore.com

Miscellaneous Provisions

Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to theextent necessary to make it valid and enforceable. If the offendingprovision cannot be so modified, then the same shall be deemed strickenfrom these Terms of Use in its entirety, and the remainder of these Termsof Use shall survive with the said offending provision eliminated.

Site Availability. SUPPLYCORE cannot guarantee the Site will be available100% of the time Because public networks, such as the internet,
occasionally experience disruptions and for other reasons that may beoutside of the control of SUPPLYCORE. Although SUPPLYCORE strives toprovide the most reliable Site reasonably possible, interruptions anddelays in accessing the Site are unavoidable and SUPPLYCORE disclaims anyliability for damages resulting from such problems.

Typographical Errors. Information on the Site may contain technicalinaccuracies or typographical errors. We attempt to make the Site’ postings as accurate as possible, but SupplyCore does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Controlling Law and Venue. It is understood and agreed that theconstruction and interpretation of these Terms of Use and the relationshipbetween the parties shall at all times and in all respects be governed bythe internal laws of the State of Wisconsin, USA, without giving effect tothe conflict of laws provisions thereof. Venue of any action brought toenforce or relating to these Terms of Use or arising out of therelationship between the parties shall be brought exclusively in the stateor federal courts located in Milwaukee, Wisconsin and the parties waive any objections or defenses to such jurisdiction including, without limitation, defenses of forum non-conveniens.

Questions

If you have any questions about MPOWR, SupplyCore, the Site, our products,
the Services, the Privacy Policy, or these Terms of Use, you may contact us at:

SupplyCore
303 N. Main Street, Suite 800

Rockford, IL 61101

(815) 997-1660

mpowr@supplycore.com