This site is owned and operated by SINGLE-SOURCING SOLUTIONS, INC.
(referred to as "we," "us," or "our" herein). By accessing this
site, you agree to the terms and conditions set forth in this
document. Except as otherwise indicated on this site and except
for the trademarks, service marks and trade names of other companies
that are displayed on this site, all trademarks, service marks
and trade names are proprietary to Single-Sourcing Solutions, Inc.
ACCEPTANCE/ENTIRE AGREEMENT
By accessing this site and accepting this agreement, you agree
that all previous agreements with Single-Sourcing Solutions,
Inc. are hereby void. Submission of a document through the
online Request for Services form, Acceptance of materials,
Work or services, shall constitute your consent to or
acceptance of these terms. Upon acceptance, the terms contained
in this Agreement shall constitute the entire agreement between
the parties with respect to the subject matter of this Agreement
and the order(s) and shall not be modified or rescinded, except
by writing and signed by Single-Sourcing Solutions, Inc.
All provisions on customer's forms shall be deemed deleted.
Estimates or forecasts furnished by Single-Sourcing Solutions,
Inc. shall not constitute commitments. The provisions of this
Agreement supersede all contemporaneous oral agreements and
all contemporaneous and prior oral and written communications
and understandings of the parties with respect to the subject
matter of this Agreement.
CHOICE OF LAW
This Agreement and all transactions under it shall be governed
by the laws of the State of California excluding its choice of
laws rules and excluding the Convention for the International
Sale of Goods. Supplier agrees to submit to the jurisdiction
of any court wherein an action is commenced against
Single-Sourcing Solutions, Inc. based on a claim for which you
has agreed to indemnify Single-Sourcing Solutions, Inc. under
this Agreement. In all disputes between the parties arising
under this Agreement, Supplier agrees to submit to the jurisdiction
of the state of California, County of Santa Clara, and the
Northern District of California federal courts.
INDEMNITY
You agree to indemnify, defend and hold harmless Single-Sourcing
Solutions, Inc., its affiliates, customers, employees, successors
and assigns (all referred to as "Single-Sourcing Solutions, Inc.")
from and against any losses, damages, claims, fines, penalties
and expenses (including reasonable attorney's fees) that arise
out of or result from: (1) injuries or death to persons or
damage to property, including theft, in any way arising out
of or caused or alleged to have been caused by the Work or
services performed by, or material provided by Supplier or
persons furnished by Supplier; (2) assertions under Workers'
Compensation or similar acts made by persons furnished by
Supplier; or (3) any failure of Supplier to perform its
obligations under this Agreement.
DISCLAIMER
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
SINGLE-SOURCING SOLUTIONS, INC., DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. SINGLE-SOURCING SOLUTIONS, INC., DOES NOT WARRANT
THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SINGLE-SOURCING
SOLUTIONS, INC., DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT SINGLE-SOURCING SOLUTIONS, INC.)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR,
OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We are under no obligation to convert submitted documents.
Conversions are completely at our discretion. We do not guarantee
look and feel. Custom conversion services are not included in the
free sample conversion and will require an additional fee. See
pricing sheet
for details.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to,
negligence, shall Single-Sourcing Solutions, Inc. be liable
for any special or consequential damages that result from
the use of, or the inability to use, the materials in this
site, even if Single-Sourcing Solutions, Inc., or a
Single-Sourcing Solutions, Inc., authorized representative
has been advised of the possibility of such damages. In no
event shall Single-Sourcing Solutions, Inc., have any
liability to you for damages, losses and causes of action
(whether in contract, tort (including, but not limited to,
negligence), or otherwise) for accessing this site.
The following conditions apply:
- Single-Sourcing Solutions, Inc. shall not be responsible
for any misinformation provided to it by the Customer or any
third party.
- Single-Sourcing Solutions, Inc. limits its liability for
any loss or damages attributable to the provision of its
services and Products ("Loss or Damage"), at its option:
- in the case of services, to the delivery of
the relevant services again or payment for the
relevant services to be provided again; and
- in the case of Products, any one or more
of the following:
- the replacement of the Products or the
supply of equivalent Products;
- the payment of the cost of replacing the
Products or of acquiring equivalent Products;
- the payment of the cost of having the
Products repaired.
- In particular, Single-Sourcing Solutions, Inc. shall
not be liable for any direct or consequential Loss or
Damage including without limitation, direct or indirect
damages for personal injury, loss of business profit,
business interruption, loss of business information or
any other pecuniary loss arising out of the use of the
recommendations and solutions provided under this
agreement.
- Further, the Customer agrees that it may only take action
against Single-Sourcing Solutions, Inc. for Loss or Damage,
such that if any of: Single-Sourcing Solutions, Inc.'s
employees, directors, sub-contractors and agents; its
sub-contractors' and agents' employees, directors,
sub-contractors and agents; and so on down the line,
would be liable as well as Single-Sourcing Solutions, Inc.
for any Loss or Damage, action will not be taken by the
Customer against such person or entity.
- The Customer shall indemnify Single-Sourcing Solutions,
Inc. and hold Single-Sourcing Solutions, Inc. harmless from
and against any and all actions, claims, proceedings
or demands which may be brought or made against it or them
or any of them in respect of any loss, injury, or damage
arising out of these terms and conditions by Single-Sourcing
Solutions, Inc. or any negligent act or omission of
Single-Sourcing Solutions, Inc. and from and against all
damages, costs and expenses incurred in defending or settling
any action, claim, proceeding or demand arising from such
breach, act or omission unless such claims result from acts
of S3I, its employees, contractors or agents which constitute
willful and serious misconduct.
- For the purpose of the indemnity above, Single-Sourcing
Solutions, Inc. includes: Single-Sourcing Solutions, inc.;
its employees, directors, sub-contractors and agents;
its sub-contractors' and agents' employees, directors,
sub-contractors and agents; and so on down the line.
WARRANTY
All implied conditions and warranties are excluded to the
maximum extent permitted by law. To the extent permitted by
law, Single-Sourcing Solutions, Inc. does not warrant any
Products of its own accord and all remedies, repairs or
replacement for any Products will be at the ultimate
discretion of the Single-Sourcing Solutions, Inc.
Single-Sourcing Solutions, Inc. will not
make changes to source content. Any errors contained
in the original source documents will also be contained
in the delivered documents, are not covered by this
warranty, and will not be fixed by Supplier. These
warranties extend to the future performance of the
material and shall continue through six (6) months
from the date of delivery or until the first update to any
part of the converted source content, whichever
comes first.
EXCEPT FOR THE PARTIES RESPECTIVE INDEMNITY OBLIGATIONS
EXPRESSLY STATED HEREIN, NEITHER PARTY SHALL BE LIABLE
TO THE OTHER PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE,
INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS
AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER
SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR
OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN WARNED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
We reserve the right to alter the these Terms and Conditions
without notice at any time.
