Slice Content Technologies, Inc. (“Seller”), a Delaware corporation, is pleased to accept the purchase of our subscription services (the “Services”) listed in the attached order (the “Order Form”). These subscription terms and conditions, available at https://slice.tech/, shall govern the sale of Services by Seller to Buyer. A “Buyer” is any individual who purchases or agrees to purchase Seller’s Services. Seller’s acceptance of Buyer’s order is expressly made conditional on Buyer’s acceptance of Seller’s terms and conditions (these “Terms”), and in the event Buyer’s purchase order contains terms and conditions that differ from or are in addition to these Terms, such terms and conditions are hereby expressly rejected by Seller and are null and void. Seller reserves the right to amend these Terms at any time.
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING BUYER RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO BUYER. PLEASE READ IT CAREFULLY. THESE TERMS MAY REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTION.
Seller’s acceptance of Buyer’s order is expressly conditioned on the following terms:
A subscription allows Buyer to access the Services. A subscription may be procured through the Services interface, or in some cases, via an Order Form. Subscriptions commence when Seller makes them available to Buyer and continue for the term specified in the Services “check-out” interface or in the Order Form, as applicable. Each subscription is for a single Buyer for a specified term and is limited to that Buyer. All orders are subject to Seller’s acceptance and Seller reserves the right to refuse to deal with any person or entity.
All prices are billed at the prices in effect at the time the order is placed at the Services “check-out” interface. All prices will be listed at the Services interface “check-out” or in the Order Form — and must be paid in advance. Payment obligations are non-cancelable. Except as expressly stated in these Terms, any fees paid are non-refundable. Price increases will only apply to orders placed after such price changes are posted.
For clarity, in the event Buyer downgrades any subscriptions from a paid plan to a free plan, Buyer will remain responsible for any unpaid fees under the paid plan, and Services under the paid plan will be deemed fully performed and delivered upon expiration of the initial paid plan subscription term. In the event that Seller agrees to invoice Buyer by email, full payment must be received within thirty (30) days from the invoice date. Listed prices do not include federal, state and local sales, use, excise and similar taxes that apply to the Services (collectively, “Taxes”). Buyer will be responsible for paying all Taxes associated with its purchases.
Terms of payment are within Seller’s sole discretion and payment must be received by Seller before formal acceptance of the Buyer’s order by Seller, unless otherwise agreed by Seller. Buyer represents and warrants that (i) any credit card information supplied is true, correct, and complete, (ii) Buyer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Buyer will be honored by Buyer’s credit card company, and (iv) Buyer will pay charges incurred by Buyer at the posted prices, including all applicable taxes, if any.
Buyer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, Services, catalogs or any other intellectual property rights (“IP”) reserved by Seller. All Slice-generated Content contained on Seller’s website is subject to the ownership rights of Seller. Buyer shall have no right to copy or use any IP of Seller without Seller’s express written permission.
BUYER ACKNOWLEDGES AND AGREES THAT ALL SERVICES ORDERED HEREUNDER ARE PROVIDED BY SELLER ON AN AS-IS AND WHERE-IS BASIS. SELLER MAKES NO REPRESENTATION THAT ANY SUCH ITEMS COMPLY WITH LEGAL REQUIREMENTS, AND MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, FOR ANY SUCH ITEMS ORDERED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, PERFORMANCE, USAGE OF TRADE, AND EXCLUDES ANY ORAL OR WRITTEN WARRANTIES OR REPRESENTATIONS, MADE OR IMPLIED IN ANY MANUAL, LITERATURE, ADVERTISING BROCHURE OR OTHER MATERIALS PROVIDED BY SELLER OF ANY ITEMS. SELLER’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY BUYER FOR THE SERVICES PURCHASED FROM SELLER NOR WILL SELLER UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO BUYER.
Buyer agrees to hold Seller harmless for any claims or losses arising from or relating to its purchase of Services hereunder, and hereby acknowledges that it has not relied on any representation or warranty made or provided by Seller, and will indemnify Seller for any claims or losses from third parties arising from or relating to its purchase of Services from Seller hereunder.
Seller will not be liable for delays in its Services due to causes beyond its reasonable control, including, but not limited to, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine or other governmental restrictions, riots, or war. Seller’s time for delivery or performance will be extended by the period of such delay or Seller.
Actions by Seller for non-payment by Buyer of the purchase price of Services sold by Seller, or for redress of other breaches by Buyer of these Terms, may be brought by Seller, at its option, before any U.S. or foreign judicial court of competent jurisdiction.
At Seller’s exclusive option and discretion, disputes between Buyer and Seller, including ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN BUYER AND SELLER ARISING FROM OR RELATING IN ANY WAY TO BUYER’S PURCHASE OF SERVICES FROM SELLER BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Such arbitration shall be finally settled by arbitration in Indiana, in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of Indiana, U.S. The language of the arbitration shall be English.
The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these terms and conditions shall be governed by the laws of the State of Indiana, U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by Buyer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.
Buyer will not assign any of Buyer’s rights or delegate any of Buyer’s obligations under these Terms without Seller’s prior written consent.
The failure by Seller to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.
These Terms do not and are not intended to confer any rights or remedies upon any person other than Buyer.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
Any questions or concerns regarding these Terms can be directed to Seller at:
Slice Content Technologies, Inc.
1130 Nelson Street
Fort Wayne IN 46802
Email: [email protected]