STORE SUPPLY WAREHOUSE, LLC
TERMS AND CONDITIONS
Last Modified: January 12, 2018
Acceptance of Terms and Conditions
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
Disputes between you and the Company will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. See “Arbitration and Waiver of Certain Rights” section below in this document . Claims must be commenced within one year after the cause of action accrues or the claim will be barred. See “Limitation on Time to File Claims” below in this document.
These Terms and Conditions (the "Terms") are a legally binding contract entered into by and between you and Store Supply Warehouse, LLC ("Company", "we" or "us"). The Terms govern your access to and use of our websites (including www.storesupply.com, the “Site”), and all content, functionality, goods and services offered through the Site.
The Terms include the following (each of which is incorporated into these Terms by reference):
The term “you” means any person that accesses or uses this Site, whether as a guest or a registered user. If you are accessing or using the Site or any of its features on behalf of a company or other legal entity, then “you” also means that company or legal entity, and the company or legal entity agrees to be bound by these Terms.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY EACH TIME YOU ACCESS OR USE THE SITE. ACCESSING OR USING THE SITE CONSTITUTES YOUR LEGALLY BINDING AGREEMENT TO ALL PROVISIONS OF THESE TERMS, AS THEY MAY BE CHANGED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT AND DO NOT ACCESS OR USE ANY PORTION OF THE SITE.
Information about our policy regarding copyright infringement and notices under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act is available at: Digital Millennium Copyright Act Notice
Changes to the Terms and Conditions
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them as indicated by the “Last Modified” date above, and apply to all access to and use of the Site thereafter. Your continued access or use of the Site after we post revised Terms means that you accept and agree to the changes. You should check these Terms each time you access this Site so you are aware of any changes.
Accessing the Website and Account Security
Provided you strictly comply with these Terms, we grant you a personal, non-exclusive, non-transferable, revocable, and limited privilege to access and use the Site only for purposes of viewing the Site and its publicly available contents, submitting inquiries and questions, ordering goods and services, and viewing offers and opportunities we make available. This is the scope of authorized use of this Site and you agree not to access or use the Site for any purpose or in any manner that is not consistent with these Terms.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
If you have a user name, password or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person. You must protect the security and confidentiality of the password and identification assigned to you, and immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security of which you are aware.
We may assume without investigation that any person using your password and account identification has the authority to do so. We have the right to disable any user name, password or other identifier, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
The Site is not targeted towards or intended for use by anyone under the age of 18. By using the Site‚ you represent that you are 18 years of age or older.
Intellectual Property Rights
The Site and its entire contents, features and functionality (including all information, computer code, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the terms "Store Supply Warehouse", among other trademarked terms, the SSW Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the Company’s prior written permission. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
If you access or use the Site in breach of these Terms, your privilege to use the Site will cease immediately and automatically, and you must, at our option, return or destroy any copies of the materials you have made.
No right, title or interest in or to the Site or its content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
You may use this Site only in accordance with these Terms. Your authorized use excludes any act to:
This Site may contain interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any User Contributions for any purpose. You represent and warrant that you own or control all rights in and to the User Contributions you submit or post, and you have the unrestricted right to grant the license granted in this paragraph.
All User Contributions must comply with these Terms and applicable law. In particular, your User Contributions must not:
contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
You understand and agree that you are responsible for any User Contributions you post; and you, not the Company, have full responsibility for such User Contributions, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any person for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Monitoring and Enforcement; Termination
We have the right to:
However, we do not undertake to review material before it is posted on the Site or to ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
We make the information presented on or through this Site available solely for general information purposes. We have no obligation to make sure that information on this Site is complete or current, and we undertake no obligation to update such information.
We do not warrant the accuracy, completeness or usefulness of information on or available through this Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Online Purchases and Other Terms and Conditions
All purchases through our Site or other transactions for the sale of goods or services through the Site or as a result of visits made by you are governed by our Terms of Sale.
Links from the Site
This Site may contain links to other sites and resources provided by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. These links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and policies for such websites.
The owner of the Site is based in the state of Missouri in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties; Limitation of Liability
You understand and agree that we do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE, THAT YOUR ACCESS OR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THE COMPANY AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELATED PERSONS”) SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR ACCESS OR USE OF THIS SITE.
THIS SITE AND ALL CONTENT AVAILABLE ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS RELATED PERSONS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THIS SITE OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS RELATED PERSONS WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THIS SITE OR MOBILE APPLICATIONS; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THIS SITE; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS RELATED PERSONS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THIS SITE HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
You agree to defend, indemnify and hold harmless the Company and its Related Persons from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your actual or alleged violation of these Terms or your use of the Site, including your User Contributions, any use of the Site’s content, services and products or your use of any information obtained from the Site.
All matters relating to this Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule of Missouri or any other jurisdiction. The Federal Arbitration Act governs the agreement to arbitrate set forth below.
Arbitration and Waiver of Certain Rights
YOU AND WE AGREE THAT ALL CONTROVERSIES, CLAIMS, COUNTERCLAIMS AND OTHER DISPUTES RELATED TO THESE TERMS MUST BE RESOLVED BY BINDING ARBITRATION.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AMERICAN ARBITRATION ASSOCIATION RULES. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
The arbitration will be conducted with the American Arbitration Association (see www.adr.org for information) under its Commercial Arbitration Rules by a single neutral arbitrator. If you elect at the beginning of an arbitration proceeding, the arbitrator will apply the American Arbitration Association’s Consumer Arbitration Rules instead of the Commercial Arbitration Rules. As much as possible, for disputes where the relief sought does not exceed $10,000, the arbitrator will also allow for the presentation of evidence by alternative means including video conferencing, internet communication, telephonic conferences and means other than an in-person presentation (provided there is an opportunity to cross-examine witnesses).
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Missouri, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users of this Site, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the American Arbitration Association’s rules, unless otherwise stated herein. However, if you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This agreement to arbitrate will not apply to the following:
Seeking any such relief shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration.
Neither you nor the Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim or proceeding. Proceedings may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or the Company’s individual claims. The arbitrator must not consolidate or join the claims of other persons or parties who may be similarly situated. If the provisions of this paragraph are deemed unenforceable by an arbitrator or any court of competent jurisdiction, then instead of arbitration you and the Company shall litigate their dispute exclusively in the United States District Court for the Eastern District of Missouri or the Circuit Court for St. Louis County, Missouri (and their respective appellate courts), and you and the Company consent to the personal jurisdiction of such courts and waive any defense that the forum is inconvenient, the venue is improper, or such courts lack personal jurisdiction. YOU AND THE COMPANY EACH IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU OR IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Digital Millennium Copyright Act Notice
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
By mail, courier or fax:
Store Supply Warehouse, LLC
12955 Enterprise Way
Bridgeton, MO 63044
Attention: Copyright Agent
These Terms and Conditions (which include the items incorporated by reference) contain all of the representations, warranties, terms and agreements (whether written or oral) governing the subject matter covered by them, and supersede all prior understandings, statements, or agreements about that subject (none of which are binding or may be relied on). These Terms and Conditions prevail over any terms or conditions in any of your documentation including your purchase order, general terms and conditions or any other document you issue in connection with any purchase of merchandise, regardless whether or when submitted. Our fulfillment of your order does not constitute our acceptance of your terms and conditions (all of which are hereby rejected) and does not modify or amend these Terms and Conditions. We have not authorized any person to make any representations, statements or promises in addition to or in any way different than those in these Terms and Conditions concerning the subjects covered in them.
If any provision of these Terms is held to be illegal, invalid or unenforceable to any extent in any context, that provision shall be modified or restricted however necessary to render it valid, legal, and enforceable in that context. Modification or restriction may be accomplished by mutual agreement between you and us; or, alternatively, by disposition of a court or arbitrator. If the provision cannot be modified or restricted, then that provision will be fully severed, these Terms and Conditions will be construed and enforced as if the illegal, invalid or unenforceable provision was never a part of them, and the remaining provisions of the Terms and Conditions will remain in full force and effect and will not be affected by the illegal, invalid or unenforceable provision or by its severance from the Terms and Conditions.
Any waiver of our rights must be in writing and manually signed by us, and no waiver affects any matter not expressly identified by such written waiver. Our failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms will not operate as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
A printed version of these Terms and of any notices given to you in electronic form shall be admissible in legal proceedings based to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
None of the rights or remedies conferred by these Terms and Conditions are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time to time.
Access to or use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
In these Terms: the word “person” means natural persons and all forms of legal entities; the word “including” (or its variants) will be deemed to be followed by “without limitation;” and the word “law” means and includes all statutes, regulations, ordinances, orders, rulings, or other federal, state, local or international legal requirement. These Terms will be construed in accordance with their plain meaning and not against the Company as the drafting party.
Your Comments and Concerns
You may direct all other feedback, comments, requests for technical support and other communications relating to the Site to:
Store Supply Warehouse, LLC
12955 Enterprise Way
Bridgeton, MO 63044