Subject to your compliance with this Agreement, S3 grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Application for your internal business purposes — namely to build estimates, view pricing appropriate to your account, and submit purchase orders to S3. This is a license to use the Application as a service; no ownership rights are transferred to you.
You agree that you will not, and will not permit any third party to:
Access to certain features — including network pricing and the ability to submit purchase orders — requires that your company be approved by S3 and that specific users be granted the appropriate authorization. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.
The Application, including all software, content, product data, trademarks, and the S3 name and marks, is and remains the exclusive property of S3 and its licensors, and is protected by intellectual property laws. All rights not expressly granted in this Agreement are reserved by S3.
Estimates generated by the Application are non-binding and for planning only. Purchase orders submitted through the Application are requests subject to acceptance by S3, and pricing and freight are confirmed by S3 at the time of acceptance. Your use of the Application for ordering is also governed by our Terms of Use.
The Application integrates with third-party services (for example, accounting/invoicing and freight/logistics providers) to deliver its functionality. Your use of the Application may be subject to those providers' terms, and S3 is not responsible for third-party services.
Your use of the Application is subject to our Privacy Policy, which describes how we collect, use, and share information.
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. S3 DOES NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY ESTIMATE, PRICE, OR FREIGHT QUOTE WILL BE ACCURATE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, S3 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATION. S3'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE APPLICATION WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
This Agreement is effective until terminated. S3 may suspend or terminate your license at any time if you violate this Agreement or for any other reason, with or without notice. Upon termination, you must stop using the Application. Sections concerning ownership, restrictions, disclaimers, limitation of liability, and governing law survive termination.
This Agreement is governed by the laws of the State of Georgia, without regard to its conflict of laws principles, and the exclusive venue for any dispute will be the state or federal courts located in Georgia.
We may update this Agreement from time to time. We will revise the "Last updated" date above, and your continued use of the Application after changes take effect constitutes acceptance of the revised Agreement.
Questions about this Agreement? Contact:
S3 Surface Solutions, LLC
136 W. Belmont Dr. #11 #155
Calhoun, GA 30701
Phone: (800) 933-7520
Email: sales@s3surfaces.com
Website: s3surfacesolutions.com