1. Identity and Account.
- I confirm my identity is accurate and I am authorized to use the payment method provided.
- I understand access may be suspended if information cannot be verified.
2. Use at Your Own Risk.
- This is a self-service, unmanned dispensing system.
- I am responsible for safely operating the equipment at all times.
- I will not leave dispensing unattended.
3. Containers and Spills.
- I will only use a suitable container for sealant.
- I am fully responsible for spills, leaks, or misuse.
- I am responsible for any damage caused during dispensing.
4. Payment Authorization.
- My card may be preauthorized before dispensing.
- I will be charged based on the actual amount dispensed, not the estimate.
- Charges may differ from the preauthorized amount.
5. Damage and Cleanup Charges.
- I authorize charges for equipment damage, spills or cleanup, or environmental or site damage.
6. System Limitations.
- Service may be affected by network or system outages.
- The system’s recorded volume is the basis for billing.
By checking below, I agree to the SealStation Terms & Conditions and acknowledge:
☐ I accept full responsibility for my use of the equipment.
☐ I agree to be charged for all product dispensed and any damages caused.
☐ I have reviewed and agree to the SealStation End User Services Agreement.
By:______________________________
Date: ____________________________
SEALSTATION END USER SERVICES AGREEMENT
THIS END-USER SERVICES AGREEMENT (the “Agreement”) is entered into by and between Supply Loop LLC, a Delaware limited liability company (“Company”), and the individual accepting these terms (“User”), as of the date User accepts this Agreement (the “Effective Date”).
RECITALS
WHEREAS, Company operates a digital platform (“SealPoint”) and a hardware-enabled sealant dispensing system (“SealStation”) that facilitates the dispensing of bulk sealant and related transaction processing;
WHEREAS, sealant is sold through SealStation by independent distributors (“Distributors”), and Company provides authentication, metering, and payment facilitation services; and
WHEREAS, User desires to access and use SealStation to dispense sealant.
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
1. Definitions.
1.1 “Equipment” means the SealStation hardware, including pumps, hoses, valves, metering systems, sensors, and related components.
1.2 “Product” means the sealant dispensed through the Equipment.
1.3 “Transaction” means each dispensing event recorded by the system.
1.4 “Services” means the authentication, metering, data transmission, and payment facilitation services provided by Company.
2. Acceptance; Account; Identity Verification.
2.1 Acceptance. User agrees to this Agreement by creating an account, uploading identification, providing an electronic signature, or initiating a Transaction.
2.2 Account Requirements. User shall: (a) maintain an active SealPoint account; (b) provide accurate personal and payment information; and (c) maintain the confidentiality of account credentials.
2.3 Identity Verification. User agrees to provide valid government-issued identification and authorizes Company to verify identity using third-party services.
2.4 Authorization. User represents and warrants that all information provided is accurate, User is authorized to use the designated payment method, and User has legal capacity to enter into this Agreement. Company may suspend access for failure to satisfy this Section 2.
3. Nature of Services; Relationship of Parties. Product is sold by the applicable Distributor, who is the merchant of record. Company’s role is limited to providing access to Equipment, facilitating authentication and Transactions, and processing payments. Company does not take title to Product and is not the seller. Nothing herein creates any agency, employment, or partnership relationship. Company does not take possession, custody, or control of any Product at any time, and no bailment or similar relationship is created.
4. Access to Equipment; User Responsibilities. User acknowledges that SealStation locations may be unmanned and unsupervised. User is solely responsible for safe operation of Equipment, monitoring dispensing at all times, and compliance with posted instructions. User shall not tamper with or modify Equipment, bypass authentication or payment systems, or use Equipment in an unsafe or unlawful manner. Company has no obligation to monitor User activity, dispensing operations, or site conditions, and shall have no liability arising from any failure to do so. User acknowledges that the Equipment and Services are not designed or intended to function as a fail-safe, spill-prevention, or automatic shutoff system and may not detect or prevent overfills, leaks, spills, or other hazardous conditions.
5. Transaction Authorization and Payment.
5.1 Preauthorization. User authorizes Company to place a preauthorization hold prior to dispensing.
5.2 Actual Usage Billing. User agrees that charges shall be based on the actual quantity dispensed as recorded by the Equipment, which may differ from any preauthorized or estimated amount. The system’s recorded dispensing data shall be deemed accurate absent manifest error.
5.3 Interrupted Transactions. In the event of interruption, Company may charge based on recorded volume, system-calculated estimate, or the preauthorized amount.
5.4 Charge Authorization. User authorizes Company to charge User’s payment method accordingly.
5.5 No Refund. User acknowledges that Product is dispensed in real time and cannot be returned, and all charges are final.
6. Authorized Containers; Handling and Transport. User shall dispense Product only into containers suitable for sealant storage and transport (“Authorized Containers”). User is solely responsible for container selection and condition, compatibility with Product, and proper handling and transport. User assumes all risks associated with container failure, overfilling, or misuse. User shall comply with all applicable laws, regulations, and industry standards relating to the handling, transport, storage, and use of Product. Risk of loss for Product transfers to User immediately upon commencement of dispensing.
7. Assumption of Risk; Site Conditions. User acknowledges risks including spills and leaks, equipment malfunction, pressurized flow hazards, and chemical exposure. User voluntarily assumes all such risks. Company does not control site conditions and is not responsible for hazards at the dispensing location.
8. Damage, Spills, and Environmental Responsibility.
8.1 User Liability. User is solely responsible for spills, leaks, or releases, property damage, and environmental contamination. Company shall have no responsibility for such events.
8.2 Charge Authorization. User hereby expressly authorizes Company (and its designated payment processor) to charge any payment method associated with User’s account, on a recurring and continuing basis, for: (a) all Product dispensed in connection with any Transaction; (b) any applicable taxes, fees, or price adjustments; and (c) any amounts arising under this Agreement, including without limitation charges for equipment damage, spills, cleanup, environmental remediation, site damage, third-party costs, or other losses attributable to User’s use of the Equipment (collectively, “Additional Charges”). User acknowledges and agrees that Additional Charges may be assessed and charged after completion of a Transaction, including where such amounts are not known at the time of dispensing. User agrees that Company is authorized to initiate such charges without further notice or consent, except as may be required by applicable law. User agrees that amounts charged under this Section 8 may be determined by Company based on system data, site inspection, third-party assessments, or reasonable estimates where actual costs are not yet known. This authorization shall remain in effect for so long as User maintains an account or has outstanding obligations under this Agreement and shall survive termination to the extent necessary to collect amounts owed. User shall be responsible for all reasonable costs incurred by Company in collecting amounts owed under this Agreement, including attorneys’ fees and collection costs, to the extent permitted by law.
9. Services; System Availability; Data and Payment Limitations.
9.1 Scope. Company provides access to the Equipment and facilitates authentication, metering, data transmission, reporting, and payment processing in connection with Transactions (collectively, the “Services”). User acknowledges that the Services are ancillary to the physical dispensing of Product and do not include supervision, monitoring, or control of User activity at the Site.
9.2 Monitoring and Recording. Company may monitor, record, and retain transaction activity, system usage, and site activity for safety, security, operational, and dispute resolution purposes.
9.3 Third-Party Dependencies. The Services rely on third-party systems and providers, including without limitation, cellular and wireless networks, internet service providers, cloud infrastructure, and payment processors and financial institutions. Company does not control and shall not be responsible for the performance, availability, or security of such third-party systems.
9.4 No Guarantee of Availability. The Services and Equipment are provided on an “as available” and “as is” basis. Company does not guarantee uninterrupted or continuous operation, real-time system responsiveness, error-free performance, or availability at any specific time. Service interruptions may occur due to network outages, power failures, hardware malfunction, software updates or maintenance, third-party failures, or force majeure events. User acknowledges that it is solely responsible for its business operations and shall not rely on the continuous availability of the Services or Equipment.
9.5 Metering and Data Accuracy. User acknowledges that all dispensing volumes, transaction records, and usage data are determined by the Equipment and associated systems. Such system-generated data shall be deemed conclusive and binding for purposes of billing, transaction records, and dispute resolution, except in the case of demonstrable and material system error.
9.6 Payment Processing Limitations. Company facilitates payment processing through third-party providers and does not guarantee successful completion of any Transaction. Company shall not be liable for declined transactions, insufficient funds, expired or invalid payment methods, payment processor outages or delays, or chargebacks or reversals initiated by financial institutions. User remains responsible for all amounts owed regardless of payment processing failures.
9.7 Delays. User acknowledges that: (a) transaction data may be transmitted, processed, and recorded with delay; (b) final settlement amounts may not be immediately available; and (c) discrepancies may arise due to timing differences between metering, transmission, and processing. Company shall have no liability for such delays or timing differences.
9.8 Suspension. Company may suspend or limit access to the Services without liability if required by third-party providers, necessary to address safety, fraud, or system integrity concerns, required for maintenance or updates, or User breaches this Agreement.
10. Disclaimer of Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, EQUIPMENT, AND ALL RELATED COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE EQUIPMENT OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT DISPENSING WILL OCCUR WITHOUT INTERRUPTION, OVERFLOW, OR MALFUNCTION, THAT METERING OR VOLUME CALCULATIONS WILL BE FREE FROM VARIANCE, OR THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, AND USER ACKNOWLEDGES THAT THE EQUIPMENT INCLUDES MECHANICAL AND ELECTRONIC COMPONENTS THAT MAY FAIL OR MALFUNCTION. USER FURTHER ACKNOWLEDGES THAT ALL PRODUCT IS SOLD BY THE DISTRIBUTOR AND NOT BY COMPANY, AND COMPANY MAKES NO WARRANTIES WHATSOEVER WITH RESPECT TO PRODUCT QUALITY, PERFORMANCE, SAFETY, OR FITNESS FOR ANY PARTICULAR USE, AND ALL CLAIMS RELATING TO PRODUCT SHALL BE MADE SOLELY AGAINST THE DISTRIBUTOR. COMPANY MAKES NO WARRANTIES REGARDING ANY THIRD-PARTY SERVICES OR SYSTEMS, INCLUDING WITHOUT LIMITATION PAYMENT PROCESSORS, CELLULAR OR NETWORK CONNECTIVITY, OR CLOUD INFRASTRUCTURE, AND SHALL NOT BE RESPONSIBLE FOR ANY FAILURE ATTRIBUTABLE TO SUCH THIRD PARTIES. USER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. TO THE EXTENT THAT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SUCH WARRANTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Indemnification. User shall defend, indemnify, and hold harmless Company, Distributor, and their respective affiliates, and each of their respective officers, directors, members, managers, employees, agents, contractors, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to (a) User’s access to or use of the Equipment or Services; (b) any dispensing of Product by or on behalf of User; (c) any spill, leak, release, discharge, or environmental contamination occurring during or after dispensing; (d) any personal injury, death, or property damage arising from User’s acts or omissions; (e) User’s failure to use an authorized container or to handle or transport Product safely; (f) any damage to the Equipment, the Site, or third-party property; (g) User’s breach of this Agreement or violation of applicable law; or (h) any dispute between User and any third party, including the Distributor, arising from a transaction or use of Product; in each case except to the extent finally determined by a court of competent jurisdiction to have resulted solely from Company’s gross negligence or willful misconduct. Company shall have the right to control the defense and settlement of any claim subject to indemnification, provided that Company shall not settle any claim imposing non-monetary obligations on User without User’s consent (not to be unreasonably withheld or delayed).
12. Limitation of Liability. To the maximum extent permitted by applicable law, in no event shall Company or its affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, revenue, business, data, or use, or business interruption, including any damages arising from delays, incomplete dispensing, or inability to complete a job or project, arising out of or relating to this Agreement, the Equipment, the Services, or any Transaction, regardless of the theory of liability (whether in contract, tort (including negligence), strict liability, or otherwise), even if advised of the possibility of such damages. Without limiting the foregoing, Company shall have no liability for (a) any injury, damage, or loss arising from User’s use of the Equipment or dispensing of Product; (b) any spill, leak, or environmental condition; (c) any failure or malfunction of the Equipment; (d) any interruption or unavailability of the Services; (e) any failure of third-party systems, including payment processors or network providers; or (f) any inaccuracy in data or metering that does not constitute manifest error. Except for liability arising from Company’s gross negligence or willful misconduct, Company’s total aggregate liability arising out of or relating to this Agreement shall not exceed the total amounts paid by User to Company in connection with the applicable Transaction giving rise to the claim. The parties acknowledge that the allocation of risk set forth in this Section 12 is a fundamental basis of the bargain, and that Company would not provide access to the Services or Equipment without such limitations.
13. Suspension and Termination. Company may, at its sole discretion and without liability, suspend, restrict, or terminate User’s access to the Services or Equipment, with or without notice, if (a) User breaches this Agreement; (b) User fails to pay any amounts when due or any payment method is declined or revoked; (c) Company suspects fraud, unauthorized use, or misuse of the Equipment or Services; (d) User’s use presents a safety risk, environmental risk, or risk of damage to the Equipment, the Site, or third parties; (e) Company is required to do so by a third-party provider, payment processor, or applicable law; or (f) continued access would expose Company to legal, financial, or operational risk. User acknowledges that suspension may occur automatically based on system controls or third-party actions and that Company shall have no liability for any resulting inability to access the Equipment or complete a Transaction. Company may terminate this Agreement at any time upon notice to User, and User may discontinue use of the Services at any time; provided that termination shall not relieve User of any obligations accrued prior to termination, including payment obligations, indemnification obligations, and any amounts owed for Product dispensed or damages incurred. Company reserves the right to take any action it deems necessary to protect the integrity, security, and proper operation of the Services and Equipment, including disabling access, blocking transactions, or restricting functionality. Sections relating to payment obligations, charge authorization, indemnification, limitation of liability, and any other provisions which by their nature should survive shall survive termination of this Agreement.
14. Miscellaneous. This Agreement and any dispute, claim, or controversy arising out of or relating to this Agreement, the Equipment, the Services, or any Transaction shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. User hereby irrevocably submits to the exclusive jurisdiction of the state courts located in Erie County, New York, and, where applicable, the United States District Court for the Western District of New York, and waives any objection based on lack of personal jurisdiction, improper venue, or forum non conveniens. TO THE MAXIMUM EXTENT PERMITTED BY LAW, USER AND COMPANY EACH HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT. This Agreement constitutes the entire agreement between User and Company with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral. Company may update or modify this Agreement from time to time, and such updates shall be effective upon posting or upon notice to User, and User’s continued use of the Services following such update constitutes acceptance of the revised Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver unless in writing and signed by the party against whom the waiver is asserted. User may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder without the prior written consent of Company, and any attempted assignment in violation of the foregoing shall be null and void; Company may assign this Agreement without restriction. Nothing in this Agreement shall be deemed to create any partnership, joint venture, or agency relationship between the parties. Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, governmental actions, power failures, or failures of third-party service providers. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. The section headings used herein are for convenience only and shall not affect the interpretation of this Agreement. Electronic acceptance of this Agreement, including by checkbox, digital acknowledgment, or electronic signature, shall be deemed binding and enforceable to the fullest extent permitted by law.