Terms of Service

SUPPLAX provides a platform which enables consumers ('Users' or 'you') to find and connect with Contractors ('Service Providers') in your local geographic market. We provide this information via https://supplax.com/ or at other affiliated web locations which contain these Terms and Conditions (the 'Website' or 'Websites'). This Terms of Service is intended for Users and Service Providers. SUPPLAX is owned and operated by SUPPLAX (the 'Company' or 'us' or 'we').

Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (the 'Terms of Service' or 'Terms' or 'TOS').

PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS TOS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

Updates to Terms of Service; Integration. We may, in our sole discretion, modify the Terms of Service by posting a notice on the Terms of Service page. The 'Last Updated' date at the top the Terms of Service indicates when the latest modifications were made to the TOS. By continuing to access and use the Service you agree to any such modifications. Therefore, you are responsible for reviewing and should become familiar with any such modifications. You are encouraged to review this Terms of Service periodically and to check the 'Last Updated' date at the top of the Terms of Service for the most recent version. In addition, when using services or features on the Site, you will be subject to any posted guidelines or policies applicable to such services or features that may be posted from time to time, including but not limited to our Privacy Policy, as noted below. All such guidelines or policies are hereby incorporated by reference into this Terms of Service.

Service Availability.

2.1. The Service may be modified, updated, interrupted, suspended or discontinued at any time, in the sole discretion of the Company, without notice or liability. The Service may be unavailable at certain periods, including but not limited to systems failures, anticipated or unanticipated maintenance work, upgrades or force majeure events.

2.2. The Company reserves the right, at any time, in its sole discretion to modify, temporarily or permanently block access to, suspend, or discontinue the Service, in whole or in part, with or without notice and effective immediately to any User.

2.3. The Company will have no liability whatsoever for any losses, liabilities or damages you may incur as the result of any modification, suspension, or discontinuation of the Service or any part thereof.

Privacy Policy. Use of the Service is subject to the terms of our Privacy Policy which is hereby incorporated into and made part of this Terms of Service. Please carefully review our Privacy Policy. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy.

Age. The Service is meant for those at least eighteen (18) years of age. Use of the Service by anyone under this age is a violation of the Terms of Service.

Intellectual Property.

5.1. You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Service are either the property of the Company, its affiliates or licensors. and other files and the selection and arrangement thereof (collectively the 'Materials') and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners.

5.2. Subject to this TOS, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable licence to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise.

5.3. Company authorizes you to view, download and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial resale purposes. The Company retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. The Company reserves the right to enforce its intellectual property rights fully under United States and international law.

5.4. Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by Us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service.

Use of the Service, General

6.1. You may be required to create an account to use the Service and/or take advantage of certain features, in which case you agree to:

(i) provide true, accurate, current and complete information about yourself as prompted by the Service;

(ii) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you; and

(iii) that your account is for your personal and/or business use. You may not resell the Service.

(iv) by creating an account, you agree to receive certain communications in connection with the Service.

6.2. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share your account for any reason. You agree to immediately notify Us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account.

6.3. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.

6.4. You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others' intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other user's use of the Service.

6.5. You may not do any of the following while accessing or using the Service:

(i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

(ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(iii) access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by Us, unless you have been specifically allowed to do so in a separate agreement with Us;

(iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or

(v) disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service.

6.6. You may not use manual or automated software, devices, or other processes to 'crawl,' 'scrape,' or 'spider' any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service.

6.7. You further agree that you will not access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations.

6.8. Company makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its contents are illegal, and that you, and not the Company Parties, are responsible for compliance with applicable law.

6.9. Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

6.10. Furthermore, you herein agree not to make use of the Services for:

(i) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

(ii) causing harm to any minor in any manner whatsoever;

(iii) impersonating any individual or entity, including, but not limited to, any company, group or forum leaders, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

(iv) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

(v) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

(vi) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

(vii) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, junk mail, spam, or any other form of solicitation, except in any such areas that may have been designated for such purpose;

(viii) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

(ix) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real-time interactions;

(x) interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;

(xi) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to any securities rules, regulations or laws of any nation or other securities exchange, and any regulations having the force of law;

(xii) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a foreign terrorist organization in accordance to Section 219 of the Nationality Act;

(xiii) stalking or with the intent to otherwise harass another individual; and/or,

(xiv) collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Third Party Websites

7.1. In the event we include links via the Service to Third-Party websites (including advertisements) which may include products, goods, services or information offered therein, these are provided only as a convenience. If you clickthrough using these links to other websites, you may leave our Site. We do not control nor endorse any such Third-Party websites. You agree that the Company Parties, as defined below, will not be responsible or liable for any content, products, goods, services or information provided or available via any Third-Party website or for your use or inability to use a Third-Party website.

7.2. You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party websites linked from our Site, might contain material or information:

(i) that some people may find offensive or inappropriate;

(ii) that is inaccurate, untrue, misleading or deceptive; or,

(iii) that is defamatory, libelous, infringing of others' rights or otherwise unlawful.

7.3. We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party website or in advertisements or content that Third Parties may have listed or offered on our Site.

7.4. Your interactions with Third Parties found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third Parties, except as may be otherwise stated herein. You acknowledge and agree that Company is not a party to any transactions you may enter into, except as may be stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Thirty-Party.

(i) Notwithstanding anything to the contrary herein, we may have affiliate relationships with Third Parties and in the event you make a purchase with such Third Parties, we may receive an affiliate payment or commission.

Dealing With Service Providers.

8.1. The Company is not in the business of providing home improvement services of any kind. The Websites are for the sole purpose of connecting Users with Service Providers.

8.2 Upon providing us with your information and placing a request to be connected with a Service Provider we will attempt to match you with Service Providers in your area who may be interested in fulfilling your service need.
However, we do not guarantee that we will be able to match your service needs with a Service Provider.

8.3. Your interactions with Service Providers found on or through the Service.
8.4. Should you have a dispute with respect to any services provided by a Service Provider or fees charged, you must address such dispute with the Service Provider directly.

Use of the Company Service, Service Providers.

9.1 The Company is not in the business of providing home improvement services of any kind. The Websites are for the sole purpose of connecting Users with Service Providers.
9.2. Service Providers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their businesses and listings.
9.3. Information regarding the Service Providers shall be accurate in all regards including descriptions, photos, and any other representations made by Service Providers.
9.4. Service Providers are solely responsible for establishing the price for their products and services.
9.5. You understand and agree that leads are not guaranteed jobs, but merely consumer inquiries.
9.6. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A USERS INFORMATION IS A VIOLATION OF THIS TERMS OF SERVICE.
9.7. By enrolling in the Company Service you consent to being contacted by us and our agents via phone, fax, email, mail, or other reasonable means, including for account service and marketing related emails.
9.8. Service Providers are and shall remain independent contractors of the Company and nothing contained herein creates an employer/employee, principal/agent, partnership or joint venture relationship.
9.9. BY USING THE SERVICE, YOU HEREBY RELEASE THE COMPANY PARTIES FROM ANY DAMAGES OR CLAIMS ARISING OUT OF THE ABOVE SCREENING PROCESS OR IN ANY WAY CONNECTED WITH DISPUTES AND YOUR DEALINGS WITH USERS' WRONG OR FALSE FULL INFORMATION.
9.10. Liability Clause. The Call Center is a third-party service provider and is not responsible for any actions or omissions of its clients. The Client agrees to indemnify and hold harmless the Call Center, its officers, directors, employees, and agents from and against any and all claims, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Client's use of the Call Center's services.

Information You Provide to Us & TCPA Consent

10.1. When filling out our forms you will be prompted to provide information such as first and last name, email address, phone number, street address, zip code, comments, and services requested.
10.2. When you submit forms, you consent to be contacted by us and/or Third-Party Providers via phone, text, fax, email, SMS, or other means, even if listed on a Do Not Call list.
10.3. You authorize Company and Third-Party Providers to contact you using prerecorded telephone technology, including autodialed messages.
10.4. Your use of the Services and acceptance of these Terms is your prior express consent for Third-Party Providers to use prerecorded/autodialed calls.
10.5. SMS Messaging. Third-Party Providers may send informational SMS messages; you may opt out by texting STOP.
10.6. Call Recording. You agree and acknowledge that we and/or Third-Party Providers may monitor and/or record calls.

User Content

11.1. User Content means any and all information and content that a user submits to, or uses with, the Services.
11.2. You are solely responsible for your User Content and assume all risks associated with it.
11.3. You may not represent that User Content is provided, sponsored, or endorsed by Us.
11.4. Company is not obligated to back up User Content.
11.5. We may pre-screen and remove User Content at our discretion.
11.6. We may investigate and take action if you violate these Terms.
11.7. Company is not liable for third-party communications you may receive.
11.8. Suggestions and Improvements. By sending Feedback, you grant Us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute, and sublicense the Feedback.

Term and Termination

12.1. These Terms remain in effect while you use the Service. We may suspend or terminate your rights at any time.
12.2. Upon termination, your account and right to access/use the Service terminate immediately.
12.3. Company will not have liability for termination of your rights, account, or User Content.

Representations

13.1. Information contained herein is for informational purposes only and not advice.
13.2. Company does not warrant or guarantee suitability or availability of any material, data, products, or services.
13.3. Company does not screen authenticity or quality of any provider.
13.4. Company makes no representations regarding material/content owned or licensed by Third Parties.
13.5. Company is not a party to transactions between you and providers except as stated herein.
13.6. Any information on the Site or social media pages is for informational purposes only.
13.7. You assume all risk when using the Service.
13.8. You represent you are of legal age and legally permitted to use the Service.

Indemnification

14.1. You agree to indemnify, defend and hold harmless the Company Parties against all claims, demands, losses, damages and costs (including reasonable attorneys' fees) arising from your use of the Service, your account activity, your content, your breach of Terms, or infringement of others' rights.
14.2. You hereby release and forever discharge the Company Parties from all disputes, claims, and causes of action related directly or indirectly to the Service and related interactions.
14.3. Company reserves the right, at your expense, to assume exclusive defense and control of any matter for which you must indemnify Us.

Warranties, Disclaimers and Limitations of Liability

15.1. Your use of the Service is at your sole risk. The Service is provided on an 'as is' and 'as available' basis, and Company Parties disclaim all warranties, express or implied.
15.2. Company Parties shall not be liable for any damages of any kind arising out of, in connection with, or relating to use of or inability to use the Service.
15.3. The sole and entire maximum liability of Company Parties shall be limited to charges paid by you directly to Company in the three (3) months prior to the claim, or alternatively $100 if no charges were paid.
15.4. Any claim must be filed within one (1) year after the cause of action occurred.
15.5. Some jurisdictions do not allow certain disclaimers/limitations, so parts may not apply to you.
15.6. If you are a California resident, you waive California Civil Code Section 1542.

Digital Millennium Copyright Act (DMCA) NOTICE

16.1. The Company respects intellectual property rights and will respond expeditiously to proper DMCA claims.
16.2. If you believe infringement occurred, provide required notice details including description, location, contact info, good-faith statement, perjury statement, and signature.
16.3. We may request additional information before removing material and may notify the uploader.

Pursuant to 17 U.S.C. 512(c), the Company's designated Copyright Agent is:
SUPPLAX
[email protected]

Applicable Law and Jurisdiction. Your use of the Service is governed by the laws of the State of California without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction of the applicable courts. You waive any right to trial by jury in claims relating to these Terms of Service.

Arbitration. Any controversy or claim related to the Service or these Terms shall first be settled by binding arbitration under the commercial rules of the American Arbitration Association before a single arbitrator in Los Angeles County, CA. Each party shall assume its own arbitration costs.

Miscellaneous.

(i) These Terms constitute the entire agreement between Company and each user with respect to the subject matter herein.
(ii) If any provision is unlawful, void or unenforceable, remaining provisions remain in effect.
(iii) Failure to insist on strict performance is not a waiver. You may not assign rights/obligations; we may assign without your consent.
(iv) We are not liable for delay or failure caused by events beyond reasonable control, including force majeure events.
(v) No agency, partnership, joint venture, or employment is created by these Terms.
(vi) No action may be brought by you more than one (1) year after the cause of action arose.

Customer Service. If you have comments or questions regarding these Terms of Service or wish to report any violation, contact:
[email protected]