1. Agreement. These Terms only apply to use of the Service by agents and distributors of manufacturers that include their products in the Service. If applicable, these Terms were provided in a link within your specific Service payment terms and conditions and your acceptance of these Terms includes acceptance of the payment terms and conditions These Terms are subject to change at any time without prior written notice by SL. The most recent version of these Terms will be posted on the Site. Your continued use of the Site after updated Terms have been posted (which will show the date of the most recent update) will constitute your acceptance of, and agreement to, all changes in the Terms. No use of bots or other automated access to the Site is allowed nor any access for the purpose of competing against SL, like scraping data or other malicious conduct.
2. Content. This Site is owned and operated by SL. Aside from Contractor and Buyer/Seller information, ratings and RSFs (“User Content”), all other elements in the Site, including text, logos, graphics, photos, and video (collectively, the “SL Content”) are owned or licensed by SL. Except as provided in the Terms, none of the SL Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site confers any license under any of SL’s intellectual property rights. Any rights not expressly granted are reserved.
3. Industry Standard Data. SL may use publicly available industry data input by Buyers and Sellers including but not limited to manufacturer part numbers, part descriptions, cut sheets, photographs, and existing equipment data, where this information is available publicly or as part of a standard manufacturer agreement. In addition, SL may leverage normative statistical metrics (e.g. average installation time) for use in anonymous, aggregate industry reporting. This will not include any proprietary information (including pricing, specific process and naming conventions). SL and its licensors shall have no liability, obligation, or responsibility for the accuracy of such data. No specific information from RFQs and responses to them can be publicly disclosed without prior, written consent by both the party making the RFQ and the party responding to it. Manufacturers will have the ability to see quote and order trends related to their products that occur within the Service.
4. Service Use Procedures. SL grants Buyers and Sellers the limited license to access and use the Site and Service as follows: Sellers may add and update information about themselves and their products to be viewed and reviewed to determine their compatibility with RFQs posted by Buyers, and Buyers may post RFQs requesting pricing for products..
5. Your Representations and Releases. Buyers and Sellers represent and warrant that all information they provide to SL and into the Service is true, complete and accurate in all respects. Buyers, Sellers and who use the Service expressly release SL, its owners, managers, employees, and agents from any and all liability for or relating to their use of the Service.
6. Disclaimer. We are providing the Site to you “as is” and “as available” without express or implied warranties of any kind. We do not have any duty to investigate or evaluate the accuracy of any information posted in the Service by Subs and Owners. By using the Service, Buyers and Sellers agree that it is their respective responsibilities to evaluate their risks associated with using the Service and dealing with each other. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SL DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF INFORMATION, AND NONINFRINGEMENT AS TO THE SITE, SERVICE AND SL CONTENT.
7. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SL HAVE ANY LIABILITY TO YOU FOR ANY LOSS OF USE, PROFIT, REVENUE OR DATA AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND RELATED TO YOUR USE OF THIS SITE OR SERVICE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY USER CONTENT OR FOR THE PERFORMANCE OR CONDUCT OF ANY BUYER OR SELLER. RATHER, THE SERVICE FUNCTIONS AS A MARKETPLACE IN WHICH BUYERS AND SELLERS CAN FIND AND INTERACT WITH EACH OTHER.
8.Links to Third Party Sites. The Site may contain links to websites controlled by parties other than SL (each a “Third Party Site”). SL may work with a number of partners and affiliates whose sites are linked to our Site. SL is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. SL makes no guarantees about the content or quality of the products or services provided by such sites. SL is not responsible for webcasting or any other form of transmission received from any Third Party Site. Any Third Party Site link in our Site is provided to you only as a convenience, and the inclusion of any link does not imply endorsement by SL of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that SL is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding links or content located on any such Third Party Site.
9. Intellectual Property Law Compliance. When accessing the Site, you agree to obey the law respecting the intellectual property rights of others including SL. Your use of the Site and Service is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your SL user account.
10. DMCA Notice. If you believe that any SL or User Content infringes your copyrights, you may seek the removal of such Content by providing notice to us in accordance with the take down notice provisions of the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(3)(A) to SL’s designated copyright agent: Jeff Seifert, StreamLinx, LLC, 387 Shuman Blvd., Suite 205W, Naperville, Illinois 60563 and info@StreamLinx.com and 888-203-3050.
11. Inappropriate Content. When accessing the Site you agree not to upload, display, transmit or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for products or services; or (d) language or images intended to impersonate other users. SL reserves the right to remove User Content without notice and terminate your access to the Site and Service if you post User Content that SL reasonably believes infringes another party’s rights or these Terms. SL will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.
12. Indemnification. Buyers and Sellers agree to indemnify and hold SL and each of its respective owners, managers, employees and agents harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), resulting from any third party due to or arising out of Buyer and Seller use of the Site and Service. You agree that SL shall be entitled to payment of its out-of-pocket costs, including reasonable attorneys’ fees, incurred by SL in connection with enforcing these Terms.
13. Force Majeure. SL shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
14. Assignment. SL may assign or otherwise transfer any or all of its rights or obligations under these Terms, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties under these Terms at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
15. Partial Invalidity. In the event that any part of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
16. Governing Law and Venue. This Agreement shall be construed and governed by the substantive laws of the State of Illinois, giving no effect to conflict of laws provisions. The parties agree that any action related to this Agreement must be brought in the Circuit Court for the 18th Judicial Circuit in Wheaton, Illinois or the U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago. The prevailing party will be entitled to an award of its attorney fees and costs.
17. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
18. Notices. We may provide notices to you by: (a) email; (b) regular mail; or (c) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by: (i) email to admin@StreamLinx.com; or (ii) personal delivery, overnight courier, or certified mail to: StreamLinx, LLC, 387 Shuman Blvd., Suite 205W, Naperville, Illinois 60563.