Welcome
to McNichols Supplier Portal (the "Portal")! These terms of use
("Portal Terms") impose conditions on your access to the McNichols
Supplier Portal, and any use you make of it, so please read them carefully.
They do not alter in any way the terms or conditions of any other agreement you
may have with McNichols Company.
McNichols
Company reserves the right to change or modify any of the terms and conditions
contained in the Portal Terms or any policy or guideline of the Portal, at any
time and in its sole discretion. Any changes or modification will be effective
upon posting of the revisions and notice of such changes to the Portal. Your
continued use of this Portal following the posting of its changes or
modifications will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review the Portal Terms and applicable
policies to understand the terms and conditions that apply to your use of the Portal.
BY
ACCESSING, BROWSING, AND USING THIS PORTAL, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY
REFERENCE, AND ANY SUBSEQUENT CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OR
ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS PORTAL.
Questions
or comments about the Portal or its contents should be directed to the McNichols
Company Supply Services.
Transactions
with McNichols Company are subject to the Terms and Conditions on McNichols Purchase Orders and Service Level Agreements. Any change through this Portal
that is approved by McNichols will become part of the original Purchase Order
and subject to that Purchase Orders terms and conditions. Changes made though
this Portal will not affect the originally agreed terms and conditions.
McNichols
Company grants you a limited license to make personal use of this Portal. Such
grant does not include, without limitation: (a) any resale or commercial use of
the content therein; (b) the collection and use of any product listings or
descriptions; (c) making derivative uses of the Portal and its contents; or (d)
use of any data mining, robots, or similar data gathering and extraction
methods. Except as noted above, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent, trademark,
copyright, or proprietary right of McNichols Company or any third party.
You
may not use any McNichols Company trademark, logo or other proprietary
information (including the images found at this Portal, the content of any text
or the layout/design of any page or form contained on a page) without McNichols
Company's express written consent. Further, you may not use any meta tags or
any other "hidden text" utilizing a McNichols Company name,
trademark, or product name without McNichols Company's express written consent.
Any
unauthorized use of this Portal will terminate the permission or license
granted by these Terms and may violate applicable law including copyright laws,
trademark laws (including trade dress), and communications regulations and
statutes. All violators will be prosecuted to the fullest extent of the law.
Content uploaded by you or a third party - McNichols Company takes
no responsibility and assumes no liability for content posted or uploaded by
you. As a provider of interactive
services, the Supplier Portal is only a forum and McNichols is not liable for content
provided by its users.
Responsibility for Content.
You shall remain solely
liable for the Content of any messages or other information you upload or
transmit to this Portal. You agree to indemnify and hold harmless McNichols
Company from any claim, action, demand, loss, or damages (including attorneys'
fees) made or incurred by any party arising out of or relating to the content
you upload.
Do
not use this Portal as a means of submitting information you consider to be
proprietary. Any submission of materials by you will be considered a
contribution to McNichols Company for further use in its sole discretion. Any materials, questions, comments,
suggestions, ideas, plans, notes, drawings, original or creative materials or
other information, provided by you on this Portal, are non-confidential
(subject to McNichols Company's Privacy Policy) and become the sole property of
McNichols Company
"AS IS" BASIS.
THIS PORTAL AND THE MATERIALS
CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS PORTAL,
INCLUDING ALL CONTENT, DATA, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS PORTAL,
IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER.
MCNICHOLS COMPANY DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND
PRODUCTS ON THE PORTAL. MCNICHOLS COMPANY DOES NOT REPRESENT OR WARRANT THAT
MATERIALS IN THIS PORTAL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR
ERROR-FREE. MCNICHOLS COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR
OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE MCNICHOLS COMPANY
ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE PORTAL IS SAFE, MCNICHOLS COMPANY
CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS PORTAL OR ITS SERVER(S) ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN
NO EVENT SHALL MCNICHOLS COMPANY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS PORTAL OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS PORTAL.
IN
NO EVENT SHALL THE AGGREGATE LIABILITY OF MCNICHOLS COMPANY (WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF
OR RELATING TO THE USE OF MCNICHOLS COMPANY'S PORTAL EXCEED $5.00 OR THE
COMPENSATION YOU PAID MCNICHOLS COMPANY, WHICHEVER IS LESS.
Certain
laws do not allow limitations on implied warranties, or the exclusion or
limitation of certain damages. If these laws apply, some or all of the above
disclaimers, exclusions, or limitations, may not apply to you, and you may have
additional rights to those contained herein.
These
terms and conditions shall be governed by and construed in accordance with the
laws of the State of Florida, applicable to agreements made and entirely to be
performed within the State of Florida, without resort to its conflict of law
provisions. You agree that any action at law or in equity arising out of or
relating to these terms and conditions shall be filed only in state or federal
court located in Hillsborough County, Florida, and you hereby irrevocably and
unconditionally consent and submit to the exclusive jurisdiction of such courts
over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding
any of these terms and conditions, McNichols Company reserves the right,
without notice and in its sole discretion, to terminate your license to use the
Portal, and to block or prevent future access to and use of the Portal.
If
any provision of these Portal Terms shall be deemed unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
terms and conditions and shall not affect the validity and enforceability of
any remaining provisions.