These Terms of Service (“Terms”) govern your access to and use of the websites, customer portal and related services operated under the commercial brand Synergy Packaging & Manufacturing by Smarther Sourcing Solutions LLC (a Delaware limited liability company) and Ecom Supplies S.A. de C.V.(a Mexican corporation) (together, “Synergy,” “we,” “us” or “our”). By accessing or using the Sites, you agree to these Terms. If you do not agree, do not use the Sites.
1. Eligibility
The Sites are intended for business users acting on behalf of a commercial buyer. By using the Sites, you represent that you are at least 18 years old and authorized to act on behalf of the company you are representing.
2. The Sites are informational
Product descriptions, specifications, stock catalog sizes, capacities and lead times shown on the Sites are provided for general information. They do not constitute an offer to sell, and are subject to change without notice. Any binding commercial commitment will be set out in a written quote, purchase order acknowledgment, or sales agreement signed by Synergy.
3. Quotes and orders
- Quotes are valid for the period stated on the quote (typically 30 days) and are subject to the specifications, pricing terms, payment terms and validity period stated there.
- Orders are accepted only upon Synergy’s written acknowledgment. Purchase orders and customer terms that conflict with our quote, acknowledgment or these Terms are expressly rejected unless we accept them in writing.
- Custom-spec orders (non-stock dimensions, gauges, films, prints or finishes) are made-to-order and non-cancellable once production has begun, except as expressly agreed in writing.
4. Customer portal accounts
- Portal access is granted by invitation. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
- You agree to notify us promptly of any unauthorized use of your account at legal@synergypackaging.mx.
- We may suspend or terminate accounts that violate these Terms or that we reasonably believe are being misused.
5. Intellectual property
All content on the Sites — including text, graphics, photography, logos, the Synergy name and brand assets, the brand pattern, and the underlying software — is owned by Synergy or its licensors and is protected by copyright, trademark and other laws. You may not copy, reproduce, distribute or create derivative works without our prior written consent, except as expressly permitted by law.
Artwork, plates, designs and specifications you provide to Synergy for production remain your property; you grant us a non-exclusive license to use them solely to manufacture and deliver your order.
6. Acceptable use
You agree not to:
- Use the Sites in any way that violates applicable law or these Terms.
- Interfere with or disrupt the Sites, attempt to gain unauthorized access, scrape at scale, or bypass security or rate limits.
- Upload or transmit malware, malicious code, or content you do not have the right to transmit.
- Reverse engineer the Sites or any portion of them, except as permitted by law.
7. Disclaimer of warranties
Except as expressly stated in a written quote, order acknowledgment or sales agreement, the Sites are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Sites will be uninterrupted, error-free or free from harmful components.
8. Limitation of liability
To the maximum extent permitted by law, Synergy will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenues, goodwill, or data, arising out of or related to your use of the Sites, even if advised of the possibility of such damages. Our total liability arising out of or related to your use of the Sites will not exceed US $100, except as expressly agreed in a signed commercial agreement.
9. Indemnification
You agree to defend, indemnify and hold harmless Synergy and our affiliates, officers, employees and agents from any claims, liabilities, damages and expenses (including reasonable attorneys’ fees) arising out of your use of the Sites or your breach of these Terms.
10. Third-party links and services
The Sites may link to third-party websites or services we do not operate. We are not responsible for the content, privacy practices or terms of those third parties.
11. Governing law and venue
For users contracting with Smarther Sourcing Solutions LLC, these Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles, and the state and federal courts located in San Diego County, California, will have exclusive jurisdiction.
For users contracting with Ecom Supplies S.A. de C.V., these Terms are governed by the laws of the United Mexican States and the State of Baja California, and the competent courts in Tijuana, Baja California, will have exclusive jurisdiction.
The UN Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any commercial agreement between you and Synergy unless expressly adopted in writing.
12. Changes
We may update these Terms from time to time. Material changes will be effective upon posting an updated version on this page, with a new “Effective” date. Continued use of the Sites after the update constitutes acceptance of the revised Terms.
13. Severability and entire agreement
If any provision of these Terms is held to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force and effect. These Terms, together with any quote, purchase order acknowledgment, sales agreement and our Privacy Policy, constitute the entire agreement between you and Synergy regarding the Sites.
14. Contact
Questions about these Terms can be directed to legal@synergypackaging.mx.