Terms of use

TERMS OF USE

SureWay PA, LLC provides access to this website, located at www.supertenders.com, and all pages associated with that Internet domain (hereinafter the “Website”), in exchange for the commitments you make under all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). By using this Website, you agree to comply with and be bound by these Terms of Use. These Terms of Use set forth the terms and conditions under which you are authorized to use the Website and are intended to be fully effective and binding upon you and us. To the extent additional terms and conditions apply to your use of particular pages of the Website, those terms and conditions are incorporated by reference into these Terms of Use. Please do not use this Website if you do not agree to these Terms of Use. We reserve the right, in our sole discretion, to update or revise these Terms of Use at any time, without notice. You agree to review the Terms of Use as posted each time you use this Website so that you are aware of any modifications made to these Terms of Use. Your continued use of this Website following the posting of any changes to the Terms of Use constitutes your acceptance of, and agreement to, those changes. For the purposes of these Terms of Use, “SureWay PA, LLC” shall mean: SuperTenders, its affiliated entities, successors, assigns, or licensees, and their respective directors, officers, managers, employees, agents, suppliers, licensors, and representatives.

AGREEMENT TO RULES OF USER CONDUCT

You agree to abide by the SureWay PA, LLC Rules of User Conduct, including but not limited to, agreeing not to use this Website for any unlawful purpose.

By posting information in or otherwise using any communications service, chat room, message board, or other interactive service that may be available to you on or through this Website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates SureWay PA, LLC’s rules or policies; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any associate or representative of SureWay PA, LLC.

You also agree that you will not harvest or collect information about the users or members of this Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.

SureWay PA, LLC specifically reserves the right not to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, SureWay PA, LLC has the right, at its sole discretion, to remove any content that, in SureWay PA’s sole judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate. SureWay PA, LLC is not responsible for any failure or delay in removing such content.

SureWay PA, LLC is committed to preserving and protecting the privacy of children in an age of increasing online participation. As a result, this Website is not intended for use by children under the age of thirteen (13) years old.

NO WARRANTIES

All content available through this Website is provided “as is” and “as available” for your personal, authorized use and SureWay PA, LLC makes no representations or warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement, regarding the nature, quality, reliability, or accuracy of any content on the Website; the availability of the Website at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses, worms, trojan horses or other harmful components. SureWay PA, LLC does not assume any responsibility for the loss of any information, data or other materials resulting from your use of the Website. In no event will SureWay PA, LLC be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information contained on or provided through the use of this Website.

LIMITATION OF LIABILITY

Your use of this Website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SUPERTENDERS SHALL ASSUME NO LIABILITY FOR ANY INJURY OR DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING IN ANY WAY, YOU SPECIFICALLY AGREE THAT SUREWAY PA, LLC ASSUMES NO LIABILITY FOR ANY VIRUSES, MALWARE, TROJANS, OR ANY OTHER CODE THAT MAY AFFECT YOUR COMPUTER AS A RESULT, OR ARISING OUT, OF YOUR USE OF THE WEBSITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCE SHALL SUPERTENDERS BE LIABLE FOR ANY DAMAGE – WHETHER DIRECT OR INDIRECT, GENERAL OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR OTHERWISE – ASSOCIATED WITH ANY FINANCIAL, BUSINESS, PHYSICAL, EMOTIONAL, OR MENTAL INJURY OR ANY PROPERTY DAMAGE OF ANY KIND ASSOCIATED WITH YOUR USE OF THE WEBSITE AND/OR YOUR INABILITY TO USE THE SITE. YOU AND SUPERTENDERS INTEND THIS LIMITATION OF LIABILITY TO BE COMPREHENSIVE TO THE FULLEST EXTENT PERMITTED BY LAW, AND APPLICABLE TO ALL LEGAL CLAIMS, WHETHER CONTRACTUAL, TORTIOUS, OR OTHERWISE IN NATURE. YOU ACKNOWLEDGE AND AGREE THAT YOUR RIGHT TO STOP USING THE WEBSITE SHALL BE YOUR SOLE FORM OF RECOURSE IN THE EVENT OF ANY DISPUTE ARISING OUT OF, OR ASSOCIATED WITH, YOUR USE OF THE SITE.

Notwithstanding the foregoing or any other provision of these Terms of Use, nothing in these Terms of Use shall limit your liability for any breach of confidentiality or indemnification obligations hereunder, violation of law, or infringement of intellectual property rights. INDEMNIFICATION OF SUREWAY PA, LLC. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless SureWay PA, LLC from and against all liabilities, claims, suits, demands, damages, fines, losses, judgments, legal action initiated by any third-party, cost and expenses, including but not limited to attorney’s fees, of every kind and character, in each case arising out of or in any way incident to, associated with, or based on, your use or misuse of this Website, or any breach or violation of these Terms of Use and any violation of a third-party’s enforceable intellectual property rights, or any other term or condition contained on the Website. SureWay PA, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with SureWay PA, LLC in asserting any available defenses.

PROPRIETARY RIGHTS

You acknowledge and agree that all materials, pictures, videos, information, software, products, services, design and layout of the Website, names, slogans, symbols, and logos available on this Website (the “content”) are protected by United States or international copyright, trademark, service mark, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by SureWay PA, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, post, publicly perform, publish, adapt, edit, or create derivative works from the content. All uses, including systematic retrieval of data or other content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from SureWay PA, LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

USER SUBMISSIONS

Certain pages or sections of the Website may contain content submitted by individuals or entities that are not affiliated with SureWay PA, LLC Any content sent, uploaded, submitted, posted to, or copied, displayed, or presented, or otherwise made available on, the Website that does not originate from SureWay PA, LLC is the sole and exclusive responsibility of the individual or entity placing that content on the Website. You assume full and complete legal responsibility and liability for any content you post, provide, or distribute – whether knowingly, intentionally, or otherwise – to or through the Website. You acknowledge and agree that you may not, and will not, transmit to or through the Website any material that is obscene, defamatory, or which through your transmission, would give rise to any criminal or civil liability.

Except as otherwise provided for herein, any communication you submit to the Website, including, but not limited to, suggestions, ideas, questions, or comments may be treated as nonconfidential and non-proprietary. In exchange for access to the Website, you hereby grant SureWay PA, LLC a non-exclusive, royalty-free, irrevocable license to use, disclose, reproduce, transmit, display, perform, and create works derived from any copyrightable content you submit or transmit to or through the Website. You further grant SureWay PA, LLC permission to use any ideas, information, and/or know-how that you submit to or through the Website without any charge unless otherwise expressly provided for in a separate written document signed by you and SureWay PA, LLC.

THIRD-PARTY WEBSITES

The Website may contain links to other websites that are not owned by, or affiliated with, SureWay PA, LLC. These sites may contain information or material that some people may find inappropriate or offensive. SureWay PA, LLC assumes no responsibility or liability in any form whatsoever for any content found on those third-party websites. SureWay PA, LLC has no control over any third-party website, and therefore cannot, and does not, endorse any content or material those websites may or may not contain. You acknowledge that you knowingly assume all risks associated with visiting and using any third-party Website linked to the Website and that SureWay PA, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. SureWay PA, LLC specifically disclaims any responsibility for any and all content found on any other Website and SureWay PA, LLC does not operate, control, supply, endorse, warrant or guarantee any information, products, services or merchandise available on this Website or through the Internet generally in any way.

INTERNATIONAL USE

SureWay PA, LLC makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW & JUDICIAL VENUE

You and SureWay PA, LLC agree that this agreement is governed by the laws of Utah and any legal disputes between you and SureWay PA, LLC involving these Terms of Use will be heard and resolved in the state or federal courts located in Utah. You and SureWay PA, LLC agree that the prevailing party in any legal action or proceeding to enforce the terms of these Terms of Use shall be entitled to recover their costs and attorney’s fees and costs from the non-prevailing party in such an action.

SEVERABILITY AND SEGREGATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and SureWay PA, LLC with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and SureWay PA, LLC with respect to this Website. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in the Terms of Use. Anything contained on the Website that is inconsistent or conflicting with the terms of these Terms of Use is superseded by these terms. If any part of these Terms of Use is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

THIRD-PARTY RIGHTS AND LIMITATIONS

Certain sections of these Terms of Use are for the benefit SureWay PA, LLC and its licensors, suppliers, and information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. LIMITED LICENSE: By your agreement to these Terms of Use, SureWay PA, LLC grants, subject to the terms herein, only a limited, non-transferable and non-exclusive license to use the software and documentation necessary to access, explore and otherwise use this Website in real time and to use the content on this Website in a manner consistent with these Terms of Use.