source of truth for smb manufacturers
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Effective date: May 2025 · Governing law: State of Texas, United States
This Vendor Subscription Agreement ("Agreement") is a legally binding contract between the subscribing vendor or entity ("Vendor," "you," or "your") and the publisher of mfgselect.com ("Publisher," "we," "us," or "our"). By initiating a subscription payment, you represent that you have read, understood, and irrevocably agreed to all terms of this Agreement. If you do not agree, do not subscribe.
You represent and warrant that you have full legal authority to bind yourself or your organization to this Agreement.
A paid subscription activates the following features on your existing directory listing, and only the following features:
Contact button: A "connect me" button linking to your designated contact email or URL, allowing site visitors to reach out to you directly.
Featured badge: A visual indicator on your listing noting featured status.
Sort priority: Your listing will appear sorted above non-paying listings within the same filtered result set, subject to the Publisher's discretion and any overriding editorial judgment.
No other benefits, rights, or deliverables are included or implied. The Publisher expressly reserves the right to modify, expand, reduce, or discontinue any feature at any time with or without notice.
The Publisher maintains absolute and unconditional editorial independence over all content on mfgselect.com. This is the foundational term of this Agreement, and no other provision shall be construed to limit it.
Specifically, and without limitation, your subscription payment does not and shall never:
(a) entitle you to review, approve, modify, or veto any editorial content, blurb, description, score, rating, editor's note, or category assignment associated with your listing;
(b) obligate the Publisher to remove, soften, qualify, or retract any negative commentary, low score, critical editor's note, or unfavorable characterization of your product;
(c) entitle you to any particular position in search results beyond the sort-priority described in Section 2;
(d) constitute the purchase of advertising, sponsored content, a testimonial, an endorsement, or a paid review of any kind;
(e) create any obligation on the Publisher to maintain your listing in any particular form or to continue your listing on the site at all.
The Publisher may, at its sole and absolute discretion, publish critical commentary, assign low scores, add negative editor's notes, recategorize, or remove any listing — including that of a paying subscriber — for any reason or no reason, without liability of any kind.
The Publisher makes no representations, warranties, or guarantees of any kind regarding the commercial results, traffic, leads, inquiries, conversions, or business outcomes that may or may not result from your subscription or your listing on this site. Subscriber acknowledges that results will vary and that the Publisher has no control over whether site visitors contact you, evaluate your product, or purchase from you.
The Publisher makes no representation regarding the number of site visitors, page views, or impressions your listing will receive during any subscription period.
Subscriptions are billed monthly at $149.00 USD per month (or such other amount as may be communicated at the time of subscription). Payment is processed by Stripe, Inc. on behalf of the Publisher. Subscriptions renew automatically on a monthly basis until cancelled.
You may cancel your subscription at any time through the Stripe billing portal or by emailing [email protected]. Cancellation takes effect at the end of the then-current billing period. No refunds are provided for any partial billing period under any circumstances.
The Publisher reserves the right to cancel or suspend any subscription at any time, including for editorial reasons, violation of this Agreement, or for no stated reason. In the event the Publisher cancels your subscription without cause, your sole remedy is a prorated refund of unused days in the current billing period.
By subscribing, you represent and warrant that:
(a) your product or service is a legitimate commercial software product or service relevant to the manufacturing, distribution, or operations software market;
(b) you have full legal authority to enter this Agreement;
(c) you will not use the "connect me" contact button to send unsolicited commercial communications, spam, or communications unrelated to genuine sales inquiries;
(d) you will not misrepresent your subscription relationship with mfgselect.com in any marketing materials, including claiming that your product has been endorsed, recommended, or certified by mfgselect.com;
(e) you understand and accept that editorial content about your product may be negative, critical, or unfavorable, and you waive any claim arising from such content to the fullest extent permitted by law.
Vendors may not: attempt to threaten, coerce, or intimidate the Publisher into altering editorial content; publicly misrepresent the nature of the subscription arrangement; disparage mfgselect.com or its publisher in a manner that constitutes defamation; use the listing or contact button for any purpose other than legitimate sales outreach; or attempt to circumvent any feature of the subscription system.
Any violation of this Section is grounds for immediate subscription termination without refund and may subject Vendor to claims for damages.
To the maximum extent permitted by applicable law, the Publisher's total liability to Vendor for any claim arising out of or related to this Agreement or the subscription, regardless of legal theory, shall not exceed the total subscription fees actually paid by Vendor in the three (3) months immediately preceding the claim.
In no event shall the Publisher be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost business opportunities, reputational harm, or loss of goodwill, even if advised of the possibility of such damages.
Vendor agrees to indemnify, defend, and hold harmless the Publisher and its officers, agents, and representatives from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) Vendor's breach of any representation, warranty, or obligation under this Agreement; (b) Vendor's misuse of any listing feature; (c) any claim by a third party arising from Vendor's use of the contact button or listing; or (d) Vendor's violation of any applicable law or regulation.
By subscribing, Vendor grants the Publisher a non-exclusive, royalty-free license to use Vendor's product name and publicly available product descriptions for the purpose of maintaining a directory listing. The Publisher does not acquire any ownership interest in Vendor's trademarks, trade names, or intellectual property.
The Publisher retains all rights to editorial content, scores, ratings, and commentary about Vendor's product. Vendor may not reproduce, republish, or redistribute such content without the Publisher's prior written consent.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in Texas. Vendor irrevocably submits to the personal jurisdiction of such courts and waives any objection to venue.
Any claim or cause of action arising out of this Agreement must be brought within one (1) year of the event giving rise to the claim, or be forever barred.
In any dispute in which the Publisher prevails, Vendor shall pay the Publisher's reasonable attorneys' fees and costs.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior representations, understandings, or agreements. The Publisher reserves the right to modify this Agreement at any time. Continued subscription following notice of a modification constitutes acceptance of the revised terms. Vendor is responsible for reviewing this Agreement periodically.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
By clicking "Subscribe" on the listing page, you confirm that you have read and agree to this Vendor Subscription Agreement in its entirety.
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