Terms of Use

Welcome to SolidWorks' SupplierSource service. The SupplierSource service facilitates searches for custom manufacturing or rapid prototyping services (the "Service"). SolidWorks provides access to the SupplierSource service to the engineering and manufacturing community as a convenience, but subject to the following terms of use. By accessing, viewing, using or downloading materials from the SupplierSource Service, you agree to be bound by these terms and conditions.

Copyright Information.

Copyright 2007 SolidWorks Corporation. All rights reserved.

Use of Information on SupplierSource Website

The information and materials on the SupplierSource website (“SupplierSource Information”) are intended to help engineers and manufacturers find and source custom manufacturing services for products they design and build. The SupplierSource Information is supplied by a wide variety of custom manufacturers who are identified in the Service and are solely responsible for the SupplierSource Information they provide. SolidWorks does not verify this information. This information is provided to you at no charge and for your convenience only. By using the SupplierSource Service, a you acknowledge that: (i) SolidWorks may not pre-screen or verify the SupplierSource Information and, as such, SolidWorks does not guarantee the accuracy, integrity, or quality of such SupplierSource Information; (ii) you will evaluate, and bear all risks associated with, the use of any SupplierSource Information, including any reliance on the accuracy, completeness, or usefulness of such SupplierSource Information; (iii) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will SolidWorks be liable in any way for any SupplierSource Information, including, but not limited to, any errors or omissions in any SupplierSource Information, or for any loss or damages or any kind incurred as a result of the use of any SupplierSource Information or Service.

You select the Suppliers you wish to solicit for an RFQ and the Service facilitates your communication with those Suppliers.

Users of the SupplierSource Service: If you decide to engage the services of any supplier included in the SupplierSource Information, you should do your own investigation of their background and you engage them at your own risk. SolidWorks is not responsible for the actions of any supplier, including for breach of any confidentiality agreement or obligation they may have with you. Please note that although SolidWorks provides some security for the communications you may conduct on the Service, SolidWorks cannot assure either party to a transaction of the confidentiality of their communications with respect to an RFQ.

Access to your records is restricted via password. You are responsible for protection and appropriate use of the password.

If you commit to a transaction based on an RFQ initiated on this Service, you should not rely on the Service for the documentation of the terms of that transaction but should memorialize it in a separate agreement or contract.

SupplierSource will maintain information in your account for two years. Thereafter, SolidWorks may delete it.

You may not modify the materials at this Website in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose. Use of the SupplierSource website is only for your internal business purposes, and, other than as permitted herein, no part of the SupplierSource Service may be re-sold, leased, sublicensed, rented or otherwise provided to any other persons or entities.

SolidWorks' Privacy Policy

SolidWorks may collect information about the use of the SupplierSource service, including the information identified in SolidWorks' SupplierSource Privacy Policy. This information is subject to the SupplierSource privacy policy. For more information, please see the full SupplierSource Privacy Policy, below.

General Practices Regarding Use and Storage

SolidWorks will use commercially reasonable efforts to prevent the loss of or damage to SupplierSource Information in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the reconstruction of any SupplierSource Information that may be lost or damaged by SolidWorks in the event that a supplier or User, after using its best efforts, is unable to reconstruct such SupplierSource Information via its own back-up procedures and copies.

Changes In Terms and Conditions and SupplierSource Service

SolidWorks may modify or terminate our services from time to time, for any reason, and without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Right to Remove or Disable Access

You agree that you are responsible for your own communications using the Service and for any consequences thereof. If SolidWorks is made aware of Information that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or that SolidWorks determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the Acceptable Use Policy set forth herein, SolidWorks has the right, but not the obligation, to remove or disable access to that SupplierSource Information and/or Service immediately. SolidWorks reserves the right to investigate the validity of any complaint presented to it that alleges that any webpage contains information of the type prohibited above. Such investigations may include logging onto the SupplierSource website and/or reviewing any SupplierSource Information contained on the site.

Acceptable Use Policy

You agree you will not and will not use the Service to:

Acceptable Use Policy

You agree you will not and will not use the Service to:

• upload, post or otherwise transmit any SupplierSource Information or content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a SolidWorks official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the service;
• upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• interfere with or disrupt any other website or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to any Service;
• access SupplierSource Information not intended for you;
• log into a server or account that you are not authorized to access;
• attempt to probe, scan, or test the vulnerability of a system or network
• breach any security or authorization measures without proper authorization;
• attempt to interfere with service to any other user, host or network including, without limitation, via means of overloading, "flooding," "mailbombing," or "crashing";
• take any action in order to obtain services or products to which you are not entitled;
• "stalk" or otherwise harass another;
• collect or store personal SupplierSource Information about other users;
• promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "crush" websites;
• use your Service (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Service;
• use any robot, spider, bot, or other automatic or manual device or process to monitor or copy any pages on the website;

Trademark Information SolidWorks is the registered trademark of SolidWorks Corporation. All other trademarks are the property of their respective owners.

Links to Other Websites SolidWorks provides certain links to other websites as a convenience to you. SolidWorks does not monitor nor control the content of any other website and assumes no responsibility or liability of any kind for any material or communications available at such websites.

General Practices Regarding Use and Storage

SolidWorks will use commercially reasonable efforts to prevent the loss of or damage to SupplierSource Information in its possession and will maintain commercially reasonable back-up procedures and copies to facilitate the reconstruction of any SupplierSource Information that may be lost or damaged by SolidWorks in the event that a manufacturer or User, after using its best efforts, is unable to reconstruct such SupplierSource Information via its own back-up procedures and copies.

WARRANTIES AND DISCLAIMERS

THIS SERVICE AND/OR THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. SOLIDWORKS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION POSTED BY MEMBERS. ALL INFORMATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SERVICES ON THIS SERVICE AND/OR WEBSITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SOLIDWORKS MAKES NO WARRANTY THAT (i) THE SERVICES AND INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND INFORMATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE AND/OR WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) THE SERVICE AND/OR WEBSITE AND/OR INFORMATION IS COMPLETELY SECURE. IN NO EVENT WILL SOLIDWORKS BE RESPONSIBLE FOR ANY SITUATION WHERE THE SECURITY, AVAILABILITY OR STABILITY OF THE SERVICE AND/OR WEBSITE IS COMPROMISED BY A USER, A SUPPLIER OR A THIRD PARTY.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SOLIDWORKS OR ITS LICENSORS BE LIABLE TO ANY USER OR SUPPLIER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF THIS SERVICE AND/OR WEBSITE OR OTHER MATERIALS OR SERVICES FURNISHED HEREUNDER OR ANY UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR TRANSMISSIONS OR SUPPLIERSOURCE INFORMATION, EVEN IF SOLIDWORKS HAS BEEN ADVISED, KNOWS OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SOLIDWORKS' LIABILITY ARISING OUT OF OR OTHERWISE RELATED TO THIS AGREEMENT AND SUBJECT MATTER HEREOF WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE CLAIMING PARTY OVER THE PRECEDING TWELVE (12) MONTH PERIOD FOR THE PRODUCTS AND/OR SERVICES THAT GAVE RISE TO ANY CLAIM OR, IF THE CLAIMING PARTY HAS NOT PAID FOR ANY ACCESS, ONE HUNDRED DOLLARS ($100.00).

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION THROUGH THE SERVICE AND/OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF SUPPLIERSOURCE INFORMATION OR UNSATISFACTORY BUSINESS EXPERIENCE THAT RESULTS FROM SUCH ACTIVITIES.

INDEMNITY

You agree to defend, indemnify and hold SolidWorks, its subsidiaries, affiliates, officers and employees, harmless from and against any claim, action or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post to or transmit through the Service, your connection to a Service, your violation of these Terms of Use, or your violation of any rights of another.

INTERNATIONAL USE

Although the Service is generally accessible worldwide, access may not be available to all persons or in all locations. SolidWorks reserves the right to limit access and use of the Service by any person and from any location. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical SupplierSource Information exported from the United States or the country in which you reside. It is your responsibility to determine how the export control laws may apply to your use of this Service.

GOVERNING LAW, JURSIDICTION AND VENUE

This Service is controlled by SolidWorks from its offices within the Commonwealth of Massachusetts, United States of America. By accessing this Service, you and SolidWorks agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Service and any SupplierSource Information. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible and the remainder of this Agreement shall remain in full force and effect. You hereby consent to the personal and exclusive jurisdiction of the state and federal courts located in Middlesex County, Massachusetts, U.S.A. in all disputes arising hereunder or out of or relating to the use of or access to the Service and waive any jurisdictional, venue or inconvenient forum objections to such courts. Use of or access to the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.

The limitations and disclaimers of warranties, and the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.

COMPLIANCE WITH LAWS

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service, your quoting and purchasing of products and services and your posting and retrieval of information (including without limitation those governing export control, unfair competition, antitrust, and false advertising). You are responsible for paying all applicable fees, duties and taxes you may incur as a result of conducting business via the Service. You acknowledge that we have an express policy of complying with all applicable laws, including but not limited to United States antitrust laws, and that the operation of the Site is not intended to facilitate collusion or other illegal agreements among competitors. To further that end, you represent and warrant to us that you do not intend to use the Service to violate the antitrust laws and will not knowingly act as a conduit or intermediary for price-fixing or any other anti-competitive activities.

TERM AND TERMINATION

This Agreement is effective as of the date you make use of a Service and continues in force and effect until terminated in accordance with your the Service agreement, this Section, or upon your breach of any of the Terms of Use. SolidWorks may terminate this Agreement effective upon written (or emailed) notice to you if you materially breach any of the terms or conditions of the Terms of Use and do not cure such breach within ten (10) days after notice from SolidWorks. SolidWorks reserves the right to suspend access to and use of the Service pending cure of your breach.

Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, you shall cease to access or to use any Information obtained through any Service.