Terms of Use

Date of Last Revision:
  1. Acceptance of Agreement

    1. NumberCruncher.com. Inc. (“our”, “we”, “us” or the “Company”) provides its Service (as defined below) to you (the “Member”, “your” or “you”) through its web site located at www.reorderpoint.com and its directly associated domains (the “Site”), subject to this Terms of Use agreement (the “Agreement”). By accepting this Agreement or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement. You further agree that users using the Service or Site under the your account will be also be bound by this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and you may not use the Service.
    2. The Company may change this Agreement from time to time without prior notice. You can review the most current version of this Agreement at any time at this page. The revised terms and conditions will become effective upon posting and we will indicate at the top of this page the date these terms were last revised. If you use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this Agreement is not acceptable to you, your only remedy is to stop accessing and using the Service.
  2. Description of Service

    The “Service” includes (a) the Site, (b) the system, tools and services provided through the Site (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the ReorderPoint.com API and (collectively referred to as the “Content”) and d) the Integration software. Any new features added to or augmenting the Service are also subject to this Agreement.
  3. Access and Use of the Service or Site

    1. Subject to the terms and conditions of this Agreement, You may access and use the Service only for your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service or Site available to any third party, other than as expressly permitted by this Agreement or without the prior written permission of the Company; (b) use the Service or Site to process data on behalf of any third party; (c) use the Service or Site in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (d) use the Service or Site to harvest or collect email addresses or other contact information of other Members or users of the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (e) upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; (f) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or (g) register for more than one Member account, register for a Member account on behalf of an entity other than your own.
    2. Subject only to the limited right to access and use the Service expressly granted to you under this Agreement, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to the Company. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
    3. You are responsible for all information, data, text, messages, transactions or other materials that you post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your Membership Plan allows.
    4. The Company reserves the right to access any or all your accounts in order to respond to your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of your data. We will not disclose your data except if compelled by law or if permitted by you.
    5. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to the Company’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. We will use reasonable efforts to publish on the site or notify you of any planned downtime of the Service.
    6. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not be a waiver of that right. You acknowledge that this Agreement is a contract between you and the Company, even though it is electronic and is not physically signed by you and the Company, and it governs your use of the Service and takes the place of any prior agreements between You and the Company.
  4. Trademarks

    ReorderPoint.com and other the Company graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
  5. Payment and Refunds

    1. Trials and Payments: The Service are made available on a pay-as-you-go basis and is charged to your credit card at the start of your elected subscription term. All pay-as-you-go plans come with an initial free trial period of up to 14 days. If you do not provide your credit card details to the Company within the free trial period your account will be deactivated. Plans can only be reactivated by either submitting your credit card information: once you have provided credit card details, you will be promptly billed and your account will be re-activated.
    2. Plan and Price Changes: If you choose to upgrade your plan or number of users during your elected subscription period the new Plan rate will be charged to your credit card immediately without prorating for the partial billing cycle. Subsequently, your credit card will automatically be charged the new Plan rate on your next billing cycle subsequent to the first billing. Regardless of your billing cycle, there are no refunds or credits for partial months of service, plan downgrades, or refunds for months unused if you close your account before the end of your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading your plan level may cause the loss of content, features, or capacity of your account and the Company does not accept any liability for such loss. Prices for the Site and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, the Company reserves the right to contact you about special pricing if you maintain an exceptionally high number of users or an unusually high number of monthly transactions.
    3. Credit Card Billing, Receipts and Privacy: The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the Site. The Site provides an interface for the account owner to change credit card information (e.g., upon card renewal). The Company uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for the Company. Please visit http://www.reorderpoint.com/home/privacy to understand how the Company collects and uses personal information.
  6. Cancellation and Termination

    1. You are responsible for properly canceling your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by clicking on the Account link in the global navigation bar at the top of the screen. There are no other means of canceling your account. You will lose access to all of your content upon cancellation and we may delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid-up subscription period, your cancellation will take effect immediately and you will not be charged again.
    2. The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if the Company believes that you have violated this Agreement. The Company will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. The Company shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service.
  7. DISCLAIMER OF WARRANTIES

    THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREENENT.
  8. LIMITATION OF LIABILITY

    1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE, IF ANY, BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
    2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  9. Assignment

    The Company may assign or transfer this Agreement, in whole or in part, without restriction.
  10. Export Compliance

    You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
  11. Governing Law

    This Agreement shall be governed by the laws of the State of Florida without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Florida for the purpose of resolving any dispute relating to your access to or use of the Service.