Terms of Use

 

This website is owned and operated on behalf of SUPRA Foods LLC. (SUPRA). It is provided by SUPRA for education and information on our products and services and to permit our customers to become familiar with our SUPRA products.

When using this website, your use constitutes that you have read and accept the terms and conditions of use, including the Privacy Policy included herewith. If you do not agree with SUPRA’s Terms of Use, please immediately discontinue any and all use of this website. With your continued use of this website, please check from time to time for updates on the Terms of Use Policy and Privacy Policy. SUPRA reserves the right to modify these Policies at any time.

You understand that SUPRA, in its sole discretion, may modify or discontinue this website, with or without notice, or may prevent your use of this website with or without notice to you. You agree that SUPRA will have no liability to you if this website is discontinued for any reason. You also agree that SUPRA will not be liable for any modification of this website.

SUPRA makes no representation that this website or its content is available for use outside the United States of America. Using this site from territories where it is illegal to do so is prohibited. 

You agree that you will not: (a) link to this website; (b) use any automated means to collect any information from the website, including without limitation robots, spiders or scripts; or (c) frame the website, place pop-up windows over its pages or otherwise affect the display of its pages. Further, you agree not to attempt to: (a) derive the source or object code; (b) access the accounts of others or attempt to penetrate security measures; or (c) use this website for unauthorized or unsolicited advertising or junk email.

SUPRA provides access to and use of this website subject to all applicable laws and regulations and the terms and conditions set forth herein. If you do not accept each of the terms and conditions contained without limitation, please do not use or download this website.

In certain areas of the website, you may be given the ability to provide us with personal information. Please read SUPRA Privacy Policy for information on our collection and use practices. SUPRA reserves the right to use third-party service providers in connection with SUPRA programs and services. By accessing or using SUPRA programs and services you consent to SUPRA sharing your information with any such third-party service providers as necessary to run and administer our programs and services.

The content of this website, including, without limitation, the text, images, information, trademarks, trade dress, data and other materials or elements found on this website  is the property of SUPRA and its Licensors, and is protected by the copyrights, trademarks, trade dress, patents, such as but not limited to US patent/application US62967759, and/or other proprietary rights of SUPRA or its Licensors, with all rights reserved. Any content may not be used except as expressly permitted by this Terms of Use or by the express written consent of SUPRA. No right, title, license or interest in any downloaded content is transferred to you as a result of any such downloading or copying. Any unauthorized use, copying, alteration or display of the content found on this website is strictly prohibited. SUPRA does not warrant or represent that your use of content on the website will not infringe the rights of third parties.

Images of people or places displayed on this website are either the property of SUPRA, or used with permission of SUPRA. The use of these images by you is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other laws and statutes.

SUPRA makes no representations or warranties as to accuracy of the information. SUPRA makes no representations about the reliability of this website or its content and disclaims all liability in the event of any mistakes herein or service failure. SUPRA has not reviewed sites that may be linked to this site and is not responsible for the content or information contained in any pages in off-site material. Viewing all other sites is at your own risk. The inclusion of any link does not imply endorsement by SUPRA.

Your use of this website is at your own risk. This website is provided on an “as is” and on an “as available” basis. To the fullest extent permissible by applicable law, SUPRA, its officers, directors, employees, agents, successors and assigns, disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Without limiting the foregoing, SUPRA disclaims any representation or warranty of any kind, express or implied: (i) as to the operation of this website, or the information, content, materials, services or products included on or available through the website; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability of any information, content, services or products on this website; and (iv) that the website, its servers or email on behalf of SUPRA, are free of viruses or other harmful components.

You understand and acknowledges that the operation of this website may be interfered based on numerous factors outside the control of SUPRA.

Under no circumstances shall SUPRA be liable for any damages that result from the use of or inability to use this website, including but not limited to reliance on any information obtained from this website or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation of transmission, or any failure of performance, whether or not resulting from communications failure, theft, destruction or unauthorized access to SUPRA programs or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through this website. Further, SUPRA shall not be liable for any indirect, incidental, special or consequential damages arising from the use of this website or the purchase of any product hereon, even if you advise SUPRA of the possibility of such damages.

SUPRA investigates notices of alleged infringement and takes appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”). SUPRA designated agent to receive notifications of claimed copyright infringement is:

By email to Legal@suprafoods.org

Any notice of claimed infringement must include the identification of the copyrighted work claimed to have been infringed, the material that is claimed to be infringing and that is to be removed from our website, as well as information reasonably sufficient to permit us to contact the copyright owner. You must also include a statement that you have a good faith belief that use of the material in the manner complained is not authorized by the copyright owner or its agent, and a statement that you are authorized to act on behalf of the copyright owner. See 17 U.S.C. 512(c)(3) for the requirements of valid notice.

If you purchase products through this website, you may be asked for certain information, such as your name, address and credit card information. You may check the SUPRA Privacy Policy on this website for further information on the collection and use of information by SUPRA. You are responsible for any use of this website by anyone using your credit card number or other identifier. If for any reason you suspect that your credit card or other identifying information has been compromised on this website, you should contact SUPRA immediately.

You agree to defend, indemnify, release and hold harmless SUPRA, including but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of SUPRA from all liabilities, claims, losses, expenses, and damages, including attorney’s fees and costs, arising out of or in connection with your use or misuse of this website or its content or breach of this Agreement. SUPRA reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with SUPRA in asserting any available defenses, and you shall not, in any event, settle any matter without the written consent of SUPRA.

You and SUPRA agree to give up any rights to litigate claims in a court or before a jury to participate in a class action or representative action with respect to a claim through Dispute Resolution. Other rights that you would have, if you went to court, such as access to discovery, also may be unavailable or limited.

Any claim or dispute between you and SUPRA and their respective officers, directors, employee, agents or contractors, arising from or relating to the website, will be resolved by binding arbitration before a sole arbitrator in Philadelphia, Pennsylvania administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, as supplemented by AAA Supplementary Procedures for Consumer-Related Disputes.

Prior to initiating any arbitration, you must first present any claim or dispute to SUPRA by contacting SUPRA to allow for an opportunity to resolve the dispute. You or SUPRA may initiate arbitration if your claim or dispute cannot be resolved within 60 days.

All administrative fees and expenses of arbitration will be divided equally between you and SUPRA during the course of the arbitration. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

An arbitrator may not award damages aside from the prevailing party’s actual damages, and may not award punitive damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If one or more provisions of this arbitration clause is deemed to be illegal or unenforceable, the remainder of this arbitration clause shall be unaffected and shall continue to be fully valid, binding, and enforceable. However, if arbitration is found unavailable for any reason, legal action is taken relating to these Terms of Use, you agree to file such action either in the Court of Common Pleas of Chester County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigation and such action. All disputes will be governed by the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal and you understand that you are waiving your rights to maintain other available resolution processes, such as a court action.

SUPRA may change the Terms of Use at any time, with or without notice. SUPRA will post the revised Terms on its website. As permitted by applicable law, any such changes will become effective at the time SUPRA posts the revised Terms.

If any provision of these Terms is determined to be illegal or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding and enforceable. Failure of SUPRA to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance.

SUPRA may suspend or terminate any program, product or service or terminate or limit your access and use of this website at any time without notice or liability. Any obligation or liability you incur prior to such termination will survive the termination.

These Terms constitute a binding agreement between you and SUPRA, and are accepted by you upon use of the website. These Terms constitute the entire Agreement between you and SUPRA regarding use of the website. By using the website, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

©2020 SUPRA Foods LLC. All rights reserved.