For purposes of this agreement, “Sustainment Technologies” shall mean Sustainment Technologies, Inc. and its affiliates, and their officers, members, and employees. The “Site” shall mean the website of Sustainment Technologies located at www.sustainment.tech, and select other domains.
If you are using the Site on behalf of any business, enterprise or entity, you represent and warrant that you have all power, right and authority to accept this Agreement and bind your business, enterprise or entity to the terms of this Agreement.
You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site.
It is your responsibility to review this Agreement periodically. Sustainment Technologies reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by Sustainment Technologies shall constitute your acceptance of such modifications.
Scope of Use
The information, data and other content (the “Information”) provided on the Site is provided by Sustainment Technologies and its third party information providers (“Information Providers”) is for general informational purposes only and may not be redistributed by you except as expressly provided herein.
When using the Site, you may provide Sustainment Technologies with data, information or content regarding you, your company, capabilities, products, services, offerings, or procurement requirements (“Your Content”) including, without limitation, when listing your business, capabilities or offerings on the Site for access, use and evaluation by potential clients, customers or buyers (collectively, “Buyers”) or for access, use or evaluation by potential vendors or suppliers (collectively, “Suppliers”). When providing Your Content, whether as a Buyer or Supplier, you represent and warrant that Your Content is accurate, current, correct, complete and not otherwise misleading.
As a potential Buyer or Supplier, you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of Your Content. Sustainment Technologies makes no representation or warranty regarding any information, data, or content provided to or displayed on the Site by or for any Buyer or Supplier.
Sustainment Technologies reserves the right to modify the Site from time to time without notice and in its sole discretion at any time. You agree to use the Site and the Information provided thereon only for your own personal use or for your internal business purposes in evaluating potential Buyers or Suppliers for the purpose of engaging in business transactions as contemplated by the Site. Except for such limited purpose, you agree not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site in any manner without the express written consent of Sustainment Technologies, nor to use the Information available on the Site for any unlawful purpose.
You may not attempt to gain unauthorized access to any portion or feature, or probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, or any other systems or networks connected to the Site or to any Sustainment Technologies server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
Purchases; Other Terms and Conditions
Copyright and Intellectual Property Right Ownership
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Our Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of Our Content, contained on the Site is owned, controlled or licensed by or to Sustainment Technologies or its affiliates or Information Providers, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Whether as a Buyer or Supplier, you grant Sustainment Technologies a perpetual, non-exclusive, worldwide, royalty-free and fully paid license to use, process, modify, enhance, display, distribute and publish Your Content both on the Site and in connection with the Site, our business, and the operation of the Site including, without limitation, to provide Your Content and other information to potential Buyers or Suppliers including, without limitation, those that that may be interested in using or procuring your products, services, capabilities or offerings. You also acknowledge and agree that Sustainment Technologies may aggregate and anonymize Your Content to improve its services and develop new offerings, and You hereby assign all right, title and interest in and to such aggregated and anonymized data and information.
As a Buyer, you grant each potential Supplier a perpetual, non-exclusive, worldwide, royalty-free and fully paid license to use, process, and distribute Your Content in connection with evaluating you as a Buyer and engaging in transactions.
As a Supplier, you grant each potential Buyer a perpetual, non-exclusive, worldwide, royalty-free and fully paid license to use, process, and distribute Your Content in connection with evaluating you as a Supplier and engaging in transactions.
You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and thereto remains with Sustainment Technologies (and its Information Providers, as may be applicable).
Disclaimer of Warranties
Everything on the Site is provided “as is” without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, Sustainment Technologies and its respective officers, members, officers, employees, Information Providers, suppliers, and agents (collectively, the “Sustainment Technologies Parties”) hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice.
Disclaimer of Damages and Limitation of Liability
To the fullest extent permitted by applicable law, no Sustainment Technologies Party shall be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information contained on the Site, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site. Your sole remedy for dissatisfaction with the Site and/or Information contained on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Sustainment Technologies Parties to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the aggregate cumulative amount paid by you to Sustainment Technologies at such time, if any, to access the Site.
You agree to indemnify, defend and hold harmless the Sustainment Technologies Parties from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.
Links to Other Websites
The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by Sustainment Technologies of the contents of such third-party websites. Sustainment Technologies neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that Sustainment Technologies shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.
This Agreement, as amended by Sustainment Technologies from time to time in accordance with its terms, shall remain effective indefinitely until terminated by Sustainment Technologies. Sustainment Technologies shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.
You agree that Sustainment Technologies may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
Governing Law; Dispute Resolution
Void Where Prohibited
Sustainment Technologies administers and operates the www.sustainment.tech Site from its location in the State of Oklahoma, USA; other Sustainment Technologies sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations. Sustainment Technologies reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Last revised: September 24, 2020