This is the
user agreement (the "Agreement" or "User
Agreement") for NewSuperFoods.com. This Agreement describes
the terms and conditions applicable to your use of our products
and services. If you do not agree to be bound by the terms
and conditions of this Agreement, you are not permitted to
access our
website, resources, or services.
You must read, agree with and accept all of the terms and
conditions contained in this User Agreement and the Privacy Policy,
which include those terms and conditions expressly set out below
and those incorporated by reference, before you may access our
site, NewSuperFoods.com
Copyrighted Materials:
This web site, and materials contained within, are subject to
the protection of USA and International copyright laws. Users may
not reproduce any of these materials without the prior written
permission of NewSuperFoods.com.
Licensing Restrictions:
Users agree to abide by any and all licensing rules or restrictions
that have been created by the owners of the works contained within
the NewSuperFoods.com website.
Minimum Age:
Services are available only to individuals who can form legally
binding contracts under applicable law. Without limiting the foregoing,
our services are not available to minors. You must be AT LEAST
18 years old to access the NewSuperFoods.com website, resources,
and services.
Liability:
In no event
shall NewSuperFoods.com be liable for any punitive, special,
direct, indirect, incidental,
or consequential damages,
whether arising under contract, warranty, or tort (including
negligence or strict liability) or any other theory of
liability. Applicable
law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above limitation
or exclusion
may not apply to you. Our liability for damages, regardless
of the form of the action, shall not exceed the fee paid
for the service.
We cannot be held responsible for factors beyond our control
that may interfere with our ability to provide access to
our website.
Such factors include, but are not limited to server downtime,
password/verification problems, or network outages beyond
our servers. NewSuperFoods.com
does not warrant that the functions contained in the materials,
resources or services offered will be uninterrupted or error-free,
that defects will be corrected, or that this site are free
of viruses or other harmful elements. In no event will
NewSuperFoods.com be
liable to any party for any direct, indirect, punitive, special,
incidental or other consequential damages arising directly
or indirectly from any use of the products or resources
contained within the
NewSuperFoods.com website. All products and resources are
provided "as
is" and without warranties.
These include (but are not limted to) damages or injury caused
by any:
use of (or inability to use) the site
use of (or inability to use) any site to which you hyperlink
from our site
failure of our site to perform in the manner you expected
or desired
error on our site
omission on our site
interruption of availability of our site
defect on our site
delay in operation or transmission of our site
computer virus or line failure
Please note that we are not liable for any damages, including:
Damages intended
to compensate someone directly for a loss or injury damages
reasonably expected to result
from a loss or injury
(known in legal terms as "consequential damages.")
Other miscellaneous
damages and expenses resulting directly from a loss or
injury (known in legal terms as "incidential damages.")
We are not liable even if we’ve been negligent or if our
authorized representative has been advised of the possibility
of such damages or both.
Exception:
Certain state laws may not allow us to limit or exclude
liability for these "incidental" or "consequential" damages.
if you live in one of those states, the above limitation
obviously would not apply which would mean that you might
have the right
to recover these types of damages.
However,
in any event, our liability to you for all losses, damages,
injuries, and claims of any and
every kind (whether the damages
are claimed under the terms of a contract, or claimed to
be caused by negligence or other wrongful conduct, or they’re
claimed under any other legal theory) will not be greater
than the amount
you paid if anything to access our site.
Termination of This Agreement:
These Terms of Use are effective until terminated by either party.
You may terminate these Terms of Use by destroying all copies and
installations of products and services obtained from us. The agreement
will automatically and immediately terminate without notice should
you violate any terms of this agreement. Violating our Terms Of
Use, Copyrights, or any of our licensing restrictions, will result
in termination of membership, and forfeiture of all reseller licenses,
without notice or refund.
Submitting Your Online Material to Us:
All remarks,
suggestions, ideas, graphics, comments, or other information
that you send to NewSuperFoods.com
through our site
(other than information we promise to protect under our privacy
policy becomes and remains our property, even if this agreement
is later terminated. That means that we don’t have to treat
any such submission as confidential. You can’t sue us for
using ideas you submit. If we use them, or anything like them,
we don’t have to pay you or anyone else for them. We will
have the exclusive ownership of all present and future rights
to submissions of any kind. We can use them for any purpose
we deem
appropriate to our NewSuperFoods.com mission, without compensating
you or anyone else for them. You acknowledge that you are
responsible for any submission you make. This means that
you have full responsibility
for the message, including its legality, reliability, appropriateness,
originality, and copyright.
Communications from us:
By joining our site, you give us permission to contact you periodically
via email with regards to your access to NewSuperFoods.com. If
you wish to no longer receive communications from us, you will
just need to send us an email an info@NewSuperFoods.com.
Jurisdiction and Other Points to Consider:
If you use our site from locations outside of the United States,
you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to
violate NewSuperFoods.com and/or its affiliates' intellectual property
rights, NewSuperFoods.com and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the
State of NewSuperFoods.com, and you consent to exclusive jurisdiction
and venue in such courts.
Users agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding use of the
NewSuperFoods.com website.
Users agree to abide by any and all licensing rules or restrictions
that have been created by the owners of the works contained within
this website. Violating our Terms Of Use, Copyrights, or any of
our licensing restrictions, will result in termination of account,
and forfeiture of all reseller licenses, without notice or refund.
Furthermore, Use of this website constitutes acceptance of the
Legal Agreement and Terms Of Use.
NewSuperFoods.com may modify these Terms of Use, and the
agreement they create, at any time, simply by updating
this posting and without notice to you. This is the ENTIRE
agreement regarding all the matters that have been discussed.
If any provision of this agreement is void or unenforceable in
whole or in part, the remaining provisions of this Agreement shall
not be affected thereby.
NewSuperFoods.com reserves the right to amend this agreement at
any time.
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