Submatic, LLC (“Submatic,” “we,” “our,” the “Services”, “Company”), has adopted this privacy policy (“Privacy Policy”) to explain what information we may collect, use, and share, in relation to our website. Your right to privacy is one of our primary concerns. Submatic is committed to responsibly handling information and data we collect, whether personal information (“Personal Information,” or “Personal Data” means personally identifiable information that specifically identifies you as an individual which can include your e-mail and associated name as well as credit card information you provide) or non-personal browsing and site usage data.
Should you have any questions relating to this Privacy Policy, please contact us at legal@submatic.io.
BY USING, PURCHASING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE, PURCHASE OR OTHERWISE ACCESS THE SERVICES.
This Privacy Policy covers treatment of Personal Information that you provide to us and that we gather when you are using the Service. This Privacy Policy also covers our treatment of any Personal Information that our business partners may share with us.
This policy does not apply to the practices of third parties that the Company does not own or control, or to individuals that the Company does not employ or manage.
Our primary goal in collecting Personal Information is to provide you with a friendly, customized, and efficient experience while using the Service. We collect the following types of information from our users:
Submatic may use your Personal Identifiable Information to provide the Services or other information that you have requested, including, without limitation,
Additionally, Submatic may use web data to monitor user trends on our Site. Analytical data such as hits to our server, traffic patterns and page views shows us where our audience is coming from and how they interact with us online. This type of collected information does not personally identify specific Site users. This data may be aggregated with similar data collected from other users to help us improve Submatic products, services and our overall Site experience.
Personal Information may be disclosed in accordance with applicable legislation and this Privacy Policy.
We will transfer information about you if Submatic is acquired by or merged with another company. In this event, we will notify you by email and by putting a prominent notice on the Submatic Web Site before information about you is transferred and becomes subject to a different privacy policy.
Submatic may share demographic information with business partners, such as "58% of users who regularly use Submatic are small businesses" or the like. No personally identifiable information will ever be used without your permission (i.e. we will ask you for a quote or testimonial).
Submatic may disclose your Personal Information to third parties as required by law enforcement or other government officials in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose you or Submatic to legal liability. Submatic may also disclose your Personal Information to third parties when Submatic has a reason to believe that a disclosure is necessary to address potential or actual injury or interference with Submatic’s rights, property, operations, users or others who may be harmed or may suffer loss or damage, or Submatic believes that such disclosure is necessary to protect Submatic’s rights, combat fraud and/or comply with a judicial proceeding, court order, or legal process served on Submatic. To the extent permitted by applicable law, Submatic will make reasonable efforts to notify you of such disclosure through Submatic’s site or in another reasonable manner.
Submatic retains the data collected pursuant to this Privacy Policy for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required by law. In addition, Submatic may retain some data to the extent such retention is necessary to resolve disputes, enforce Submatic user agreements, and comply with technical and legal requirements and constraints related to the security, integrity and operation of the Services. Thereafter, if the collected data is no longer needed for purposes specified in this Privacy Policy, Submatic deletes all aforementioned data in its possession within a reasonable timeframe. Submatic does not verify the correctness of Personal Information.
You can delete your Submatic account at any time from your account page; however, please note that your identification and contact information may remain in Submatic’s records for some period.
Please note that your access to and use of the Services may be subject to certain third-party terms and conditions and privacy policies. You recognize and agree that Submatic is not liable for any such third-party terms and conditions and their use of your Personal Data.
Submatic may in its discretion make available links through advertisements or otherwise enable you to access third-party products or services. Please note that, while using such products or services, you are using products or services developed and administered by people or companies not affiliated with or controlled by Submatic. Submatic is not responsible for the actions of those people or companies, the content of their products or services, the use of information you provide to them, or any products or services they may offer. The fact that Submatic is linking to those products or services does not constitute our sponsorship of, or affiliation with, those people or companies.
Submatic uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information. We cannot, however, ensure or warrant the security of any information you transmit to Submatic and you do so at your own risk. Once we receive your transmission of information, Submatic makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Submatic learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Submatic may also post a notice on the Site if a security breach occurs.
Any credit card information you enter on our site is encrypted by an industry-standard protocol, SSL (Secure Sockets Layer). We use SSL to communicate with secure browsers. These browsers encrypt your credit card, if you opt to pay the Vendor online, and personal information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server. If your browser is insecure, you will not be able to transact business through our Website.
We take appropriate precautions to protect the security and privacy of the information stored on our computer networks. Our systems are also housed in secure facilities, and access to your data by our employees and contractors is limited to a "need to know" basis, controlled by password protected systems, and monitored for abuse.
Once created, your account can only be accessed by user login. You are responsible for maintaining the integrity of your password.
Any Personal Information or content that you voluntarily disclose online (on message boards, in reviews and discussion areas, and within your public profile page, etc.) becomes publicly available and can be collected and used by others.
Submatic recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. The Site and Services are only intended for persons who are aged 18 or older; the Site and Services are not intended for persons under 18 and Submatic does not knowingly collect Personally Identifiable Information from such persons. Submatic will make all reasonable efforts to delete any information collected on children under the age 18 once notified. Children under the age of 13 are prohibited from using the site even with a parent’s consent.
Upon receipt of a written request from you provided by e-mail or letter, and on condition that you have paid all outstanding fees due to Submatic and are otherwise in good standing with Submatic, you may request that Submatic delete your Personally Identifiable Information. Upon receipt of such request, Submatic will use commercially reasonable efforts to delete your Personally Identifiable Information from its files and records; provided however, that:
Our computer systems are currently based in the United States of America ('U.S.') so your personal data will be processed by us in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. In addition, the servers of our third party vendors and service providers may be located in the U.S. or other countries. By using the Site and Services as a visitor from outside the U.S., you agree to this Privacy Policy and you consent to the transfer of all such information to the U.S. and other countries, which may not offer an equivalent level of protection to that required in the European Union or other countries, and to the processing of that information as described in this Privacy Policy.
Any and all use of your Personal Information by Submatic is governed by United States law and the laws of the State of New York.
Submatic regularly reviews its compliance with this Privacy Policy. If Submatic receives a formal written complaint from you, Submatic will attempt to contact you directly to address any of your concerns. Submatic will cooperate with the appropriate governmental authorities, including data protection authorities, to resolve any complaints regarding the collection, use, transfer or disclosure of Personal Information that cannot be amicably resolved between you and Submatic.
Any possible dispute over privacy is subject to this Privacy Policy and our Terms and Conditions, including limitations on damages, arbitration of disputes and application of New York state law.
Submatic reserves the right to modify this Privacy Policy at reasonable times and to notify you accordingly via email. Your continued use of the Services will signify your acceptance of the changes to this Privacy Policy though we will make all efforts to inform you of any changes.
This Submatic Terms of Use Agreement (this "Agreement") is a legal agreement between you and Submatic ("we", "us", or "our") providing, among other things, the terms and conditions for your use of Submatic’s services, including those as a business user or consumer, (collectively, the "Submatic Services"), including but not limited to delivery via our Web site (the "Site"), a mobile device, or otherwise. If you have any questions about these terms, feel free to contact us at legal@submatic.io.
We may from time to time modify these terms of use and will post a copy of the amended Agreement. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Submatic Services or, if applicable, close your Submatic account. You will be deemed to have accepted the Agreement as amended if you continue to use any of the Submatic Services after any amendments are posted on the Site.
Our Privacy Policy is hereby incorporated by reference, and by using the Submatic Services, you agree to our use of your data consistent with that policy.
THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING OR SUBSCRIBING TO THE Submatic SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IN ORDER FOR YOU TO HAVE ACCESS TO THE Submatic SERVICES, THIS AGREEMENT MUST BE ACCEPTED BY YOU WITHOUT ANY MODIFICATIONS, ADDITIONS, OR DELETIONS. IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE Submatic SERVICES. YOU MAY BE DENIED ACCESS TO THE Submatic SERVICES, WITH OR WITHOUT PRIOR NOTICE TO YOU, FOR NONCOMPLIANCE WITH ANY PROVISION OF THIS AGREEMENT.
Submatic ("Submatic," "we," "our," the "Services", "Company"), has adopted this privacy policy ("Privacy Policy") to explain what information we may collect, use, and share, in relation to our website. Your right to privacy is one of our primary concerns. Submatic is committed to responsibly handling information and data we collect, whether personal information ("Personal Information," or "Personal Data" means personally identifiable information that specifically identifies you as an individual which can include your e-mail and associated name as well as credit card information you provide) or non-personal browsing and site usage data.
Should you have any questions relating to this Privacy Policy, please contact us at legal@submatic.io.
BY USING, PURCHASING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE, PURCHASE OR OTHERWISE ACCESS THE SERVICES.
In order to use any of the Submatic Services, you must be a resident of a country in which Submatic is legally authorized to operate the Submatic Services and be at least 13 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, (ii) you are at least 13 years old, or have express permission from a parent or legal guardian who has agreed to these terms on your behalf. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not attempt to access any of the Submatic Services. See our Privacy Policy for information on how we treat data of persons under 18 and our compliance with COPPA.
To use any aspect of the Submatic Services, you may be required to register and provide certain information, including a member or user name, a password and a valid email address (the "Account Information"). You agree to provide accurate Account Information, including, but not limited to, whether the account is for a business user or a consumer. You agree to update your Account Information as necessary to keep it accurate. Submatic will use your Account Information in accordance with its Privacy Policy. By providing Submatic your email address, you consent to our use of the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address, or for subscribers to mobile Services, your mobile telephone number, to send you other messages, including information about Submatic and special offers. For more information about how we use your data, please see Submatic’s Privacy Policy.
Our computer systems are currently based in the United States of America ('U.S.') so your personal data will be processed by Submatic in the U.S. where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. In addition, the servers of our third party vendors and service providers may be located in the U.S. or other countries. By using the Submatic Services you agree to our Privacy Policy consent to the transfer of all such information to the U.S. and other countries, which may not offer an equivalent level of protection to that required in the European Union or other countries, and to the processing of that information as described in Submatic’s Privacy Policy.
You agree that you will register no more than one account per business. You agree that you will not allow others to use any aspect of your Account Information. You have responsibility for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Submatic will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account and you agree to indemnify and hold harmless Submatic, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis ("Premium Services"), you agree to allow Submatic to store your payment information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that Submatic’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service. Please see our Privacy Policy for more detailed information about how we use your data.
You may use the Submatic Services for your wholesale or retail business. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
Submatic grants to you a limited, non-exclusive, non-transferable license to access and use the Submatic Services in legally authorized jurisdictions. Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Submatic Services. Submatic reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE Submatic SERVICES NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED. The Submatic Services are owned or licensed by Submatic and are protected by the copyright laws of the United States and other countries in which the Submatic Services are made available. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
Submatic may from time to time make available to all users of the Submatic Services, updates at no cost or subject to additional fees in Submatic's sole discretion. "Updates" means any updates, upgrades or error corrections to the Submatic Services that Submatic makes available generally to users of the Submatic Services. Notwithstanding anything else contained in this Agreement, Submatic will have no obligation to continue producing or releasing new versions of the Submatic Services or any updates thereto, nor to maintain existing Submatic Services.
We may offer certain Services as closed or open beta services ("Beta Service" or "Beta Services") for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Submatic will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
You need to sign up for an account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Submatic has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Submatic may terminate your user account and refuse current or future use of any or all of the Services.
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Submatic Services; (ii) provide any service based on the Services without prior written permission; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use the Submatic logo or company name without their prior written permission; or (v) use Submatic Services for spamming and other illegal purposes.
You agree to be solely responsible for the contents of your transmissions through the Submatic Services. You agree not to use the Submatic Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", "phishing", or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity. Make sure you read this entire agreement, including Section 12 – Indemnification.
We respect your right to ownership of content created or stored by you. You own the content created and/or stored by you. However, you grant Submatic permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account, as related to providing the Submatic services to you and other users, and promoting the Submatic services to the general public.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Submatic Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Submatic Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Submatic Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Submatic will have the right to block access to or remove such content made available by you, if Submatic receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Submatic Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third-party rights in such content by the agent designated by Submatic for this purpose.
Submatic may have registered and has common law trademarks in its name, brand, logo, and other designs. Submatic retains all rights, and you are not granted any right or license to those trademarks. The Submatic Services may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to the trademarks of any third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. Submatic EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Submatic MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM Submatic, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Submatic MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE Submatic SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, Submatic MAY MODIFY, SUSPEND, OR DISCONTINUE THE Submatic SERVICES (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER Submatic ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE Submatic SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION OR DATA TO US IS AT YOUR OWN RISK. Submatic DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION OR DATA IN ANY WAY.
YOU UNDERSTAND THAT YOU MAY ENCOUNTER OFFENSIVE, INDECENT OR OTHER OBJECTIONABLE CONTENT WHEN USING THE Submatic SERVICES. Submatic WILL HAVE NO LIABILITY TO YOU FOR ANY SUCH CONTENT.
SOME OF THE CONTENT, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE Submatic SERVICES MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT Submatic ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR SERVICES.
YOU AGREE THAT Submatic SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF Submatic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Submatic RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL Submatic’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Submatic, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, CONTRACTORS, AGENTS, LICENSORS, SUBLICENSORS, AND AFFILIATES, FROM AND AGAINST ANY LOSSES, DAMAGES, FINES AND EXPENSES (INCLUDING ATTORNEY'S FEES AND COSTS) ARISING OUT OF OR RELATING TO ANY CLAIMS THAT YOU HAVE USED THE SERVICES IN VIOLATION OF ANOTHER PARTY'S RIGHTS, IN VIOLATION OF ANY LAW, IN VIOLATIONS OF ANY PROVISIONS OF THE TERMS, OR ANY OTHER CLAIM RELATED TO YOUR USE OF THE Submatic SERVICES.
We may suspend your user account or terminate access to whole or part of any Submatic Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. We will also terminate your user account on your request. In addition, we reserve the right to terminate your user account and deny the Submatic Services if you breach any payment agreement you make with us, or upon reasonable belief that you have violated the Terms and to terminate your access to any Submatic Service in case of unexpected technical issues or discontinuation of the Service. Termination of user account will include denial of access to all Services, deletion of information in your user account such as your e-mail address and password and deletion of all data in your user account.
Submatic or its business partners may present advertisements or promotional materials via the Submatic Services. Your dealings with, or participation in promotions of any third-party advertisers via the Submatic Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. YOU AGREE THAT Submatic IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES VIA THE Submatic SERVICES.
The Submatic Services may present links to third-party Web sites or third-party services not owned or operated by us. We are not responsible for the availability of these third-party sites, services, or their content. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of, or reliance on, any content of any such third-party site or services or goods or services available through any such third-party site or service.
This Agreement will be governed by the laws of the State of New York, without regard to conflicts of laws provisions thereof.
ALL CLAIMS AND DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF NEW YORK OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
If the above arbitration clause is held to be unenforceable as it relates to any claim or dispute arising under or relating to this agreement, except as expressly prohibited by applicable law, the exclusive jurisdiction for such claim or dispute with Submatic will be in the state and federal courts of the State of New York and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of New York, New York.
Submatic may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email, mobile text message, written or hard copy notice, or through conspicuous posting of such notice on Site, as determined by Submatic in its sole discretion. Submatic reserves the right to determine the form and means of providing notifications to you.
Any failure on Submatic’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms are not assignable, transferable or sublicensable by you except with Submatic's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.