Site Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, including purchasing products from this website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms & Conditions. If you do not agree to these terms of use, you may not use this website. You agree that by using this website, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract. It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, please do not use this site.
WEBSITE
We grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the website for your personal use.
This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, or descriptions; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or data gathering and extraction tools.
Except as permitted above, this website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Super & Fresh Co. You may not use any metatags or any other “hidden text” utilizing Super & Fresh Co.’s name or trademarks without the express written consent of Super & Fresh Co.
Any unauthorized use terminates the permission or license granted by Super & Fresh Co. We reserve the right to change any information, features and functions of this website without prior notice. We may refuse service, terminate accounts and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
UNLAWFUL OR PROHIBITED USAGE
By using this website, you warrant that you will not utilize it for any purpose deemed unlawful or prohibited by these terms, conditions, and notices. You are forbidden from utilizing this website in a manner that could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site. Unauthorized attempts to procure materials or information through means not deliberately made available or provided on this website are strictly prohibited.
NO PROVISION OF MEDICAL ADVICE
The information contained within this website, or provided at your request, is for informational purposes only. Although we may offer some Food and Drug Administration regulated products on this website, these products are not intended for diagnosing, treating, curing, or preventing any disease. We advise against individuals managing their health problems without the counsel of a licensed healthcare provider. Any information found or received through this website should not be used in lieu of a visit, call, consultation, or advice from a healthcare provider. If you suspect a medical problem or if you have any health care-related questions, please promptly consult a healthcare provider.
PRODUCTS AND SERVICES
Our products and services, available on this website, are intended solely for personal use. You are not permitted to assign, transfer, re-market, resell or otherwise dispose of these products and services without obtaining Super & Fresh Co.'s prior written consent. Super & Fresh Co. and its suppliers reserve the right to cancel or modify purchases on the website if they appear to result from fraudulent or inappropriate activity, or under other circumstances where the purchase appears to result from a mistake or error. Other terms and conditions included on this website, including return and shipping policies, may apply to your purchase and are incorporated by reference into these Terms and Conditions. We reserve the right to revise and discontinue products at any time, limit order quantities at any time without prior notice, and change prices and promotions without notice.
BILLING AND PAYMENT
The terms of payment are within our sole discretion. Unless otherwise agreed by us, payment must be received prior to our acceptance of an order. Payment can be made via credit card, PayPal, or other prearranged payment methods unless credit terms have been agreed by us. Invoices are due within the time period noted on the reverse side of the invoice, measured from the invoice date. We may invoice parts of an order separately, and orders are not binding upon us until accepted. We reserve the right to refuse and refund any order or part of any order placed on this website. Any quotations given by us will remain valid for the period stated on the quotation. You agree to pay interest on all past-due sums at the highest rate allowed by law.
SHIPPING
Separate charges for shipping and handling will be indicated on our invoice(s). Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location prior to our acceptance of the order, you are responsible for all taxes associated with the order, except for our franchise taxes and taxes on our net income. A separate charge for taxes, if applicable, will be shown on the invoice. By default, all pre-orders will ship within 30 days of purchase.
TITLE; RISK OF LOSS
Title to products passes from us to you upon shipment from our facility. We bear the responsibility for loss or damage that occurs during shipping by a carrier selected by us. However, loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
RETURN POLICIES
Products purchased directly from this website by an end-user may be returned within ninety (90) days from the date of purchase for a full refund, minus shipping and handling. Only one opened package of any product is eligible for return. All others of the same product must be in a "factory new" condition to be eligible for a refund.
ACCOUNTS
Some services on the website require or allow you to create an account to participate or to secure additional benefits. You agree to provide, maintain, and update accurate, current, and complete information about yourself as prompted by our registration processes (the "Registration Data"). You must not impersonate any person or entity, nor misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information. You also agree to notify us promptly at support@superfresh.co of any unauthorized use of your username, password, other account information, or any other breach of security involving or relating to the website. We may suspend or terminate your account and your ability to use the website or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason.
FORUMS / BLOG / SOCIAL MEDIA
A "Forum" refers to any area, site or feature offered as part of this website that enables users to post content for viewing by one or more website users. This includes, but is not limited to, chat areas, message boards, instant messaging, mobile messaging, social community environments, profile pages, conversation pages, blogs, email functions (including electronic greeting cards and send-a-friend emails). Furthermore, a “Forum” also includes any other website page created by Super & Fresh Co., on social media platforms like Facebook, Twitter, and Pinterest.
Forums are designed for public, not private communications, and as such, you have no expectation of privacy regarding any content posted to a public Forum. The security of any information you disclose through any of these media cannot be guaranteed; you make such disclosures at your own risk.
You agree to use the Forums to post, send, and receive messages and material that are proper and related to a particular Forum. You should not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying a Forum.
Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
Harvest or otherwise collect information about others, including email addresses, without their consent.
Violate any applicable laws or regulations.
You are solely responsible for the content you post on or through the website under your username or otherwise by you in any Forum. While we have no duty to monitor any Forum, we reserve the right to review material posted to a Forum and to remove any materials at our sole discretion. Products marketed and sold by Super & Fresh Co., are not intended to diagnose, treat, cure, or prevent any disease. Super & Fresh Co., and the administrators of this website and any Forum reserve the right to remove, edit, move or close any content item for any reason, including comments that violate laws and regulations issued pursuant to the Federal Food, Drug and Cosmetic Act.
We reserve the right to terminate your access to any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website. Furthermore, you should be skeptical about information provided by others. The use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum, and we specifically disclaim any and all liability in connection therewith.
DISCLAIMERS
Except as otherwise specifically provided, the website and the products offered on the website are provided on an "as is" and "as available" basis and without warranties of any kind, unless specifically set forth otherwise. To the fullest extent permissible pursuant to applicable law, Super & Fresh Co., disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
Super & Fresh Co. does not represent or warrant that the functions contained on the website will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes the website available are free of viruses or other harmful components. Super & Fresh Co. does not make any warranties or representations regarding the use of the materials on the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Applicable law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
LIABILITY
Super & Fresh Co. shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the website or materials on the site, even if Super & Fresh Co. has been advised of the possibility of such damages. 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.
COPYRIGHT
The technology underlying, and the entire contents of the website, including but not limited to text, graphics, images, audio clips, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws. It is the property of Super & Fresh Co. and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Super & Fresh Co. Copyright 2023, Super & Fresh Co. All rights reserved.
TRADEMARKS
All trademarks, service marks, and trade names of Super & Fresh Co., used on the website are trademarks or registered trademarks of Super & Fresh Co., or of their respective owners.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Super & Fresh Co., its officers, directors, employees, agents, licensors, and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, or any activity related to the use of the site (including negligent or wrongful conduct) by you or any other person accessing the website using your Internet account.
PRIVACY
Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. For more information, please see our privacy policy at https://www.superfresh.co/pages/privacy-policy.
THIRD-PARTY LINKS
The website may link to websites operated by third parties. Super & Fresh Co., has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Super & Fresh Co. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services, or use of any third-party site, any website accessed from a third-party site, or any changes or updates to such sites. These linked websites are only for your convenience, and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third-party site and agree that Super & Fresh Co., is not responsible for any loss or damage of any sort you may incur from dealing with a third party. If you have any concerns regarding such links or the content located on any such third-party site, you should contact the website administrator for the applicable third-party site.
APPLICABLE LAW
Your use of this website shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from our suppliers, Super & Fresh Co., reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Super & Fresh Co., has the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Super & Fresh Co. will immediately issue a credit to your credit card account in the amount of the charge.
TERMINATION
These terms and conditions are applicable to you upon your accessing this website. The provisions relating to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination of these Terms and Conditions.