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WEB SITE USE AGREEMENT
("Site Agreement")
Private between the Parties.
This Site Agreement supersedes any prior version.
This Web Site Use Agreement (the
"Site Agreement") is between You and all individuals and persons You represent,
jointly and severally (collectively "You"), and Supreme Fulvic, LLC ("SFLLC"),
PO Box 7413, Sheridan, Wyoming 82801-7007, and governs Your use of the Web site
at www.supremefulvic.com and all computer data of said Web site
"www.supremefulvic.com" (collectively the "Web site") processed or stored in or
by the host computer.
Each and every time You use the Web site or access any of the Web site material
("material") in any manner You knowingly and willingly signify Your consensual
acceptance and agreement, and the consensual acceptance and agreement of all
persons You represent, without limitation or qualification, to be legally bound
by this Site Agreement as this Site Agreement then reads, and You represent and
warrant that You have the legal authority to agree to and accept this Site
Agreement on behalf of Yourself and all persons You represent. If You do not
agree with all provisions of this Site Agreement, or You are not authorized to
agree to and accept this Site Agreement, You are prohibited from using the Web
site and any computer data of the Web site in any manner.
Word Usage: As used in this Site
Agreement words and terms used in the singular form include the plural form,
and, words and terms used in the plural form include the singular form.
Definitions: To preclude any
meaning otherwise, as used in this Site Agreement, the following words and terms
have the meanings ascribed to them:
The term "Supreme Fulvic, LLC" means Supreme Fulvic, LLC, a
Wyoming Limited Liability Corporation doing business in Wyoming.
The terms "our", "we",and "us"
means Supreme Fulvic, LLC;
The term "you" means You, the individual reading this Site
Agreement, and all individuals and persons You represent, jointly and severally,
and all other individuals, entities, and devices that use the Web site or access
any computer files of the Web site in any manner whatever. The term "You" also
includes any and all individuals viewing, reading, in possession of, listening
to, or printing any information of the Web site irrespective of how the Web site
is accessed.
The term "any" is not limiting and means each and every and one
or more.
The term "and" and "or" are terms of inclusion
and not of exclusion and shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of this Site Agreement.
The term "individual" means a natural person.
The term "natural person" means a living, breathing man or
woman irrespective of the biological age of such man or woman and does not
include artificial persons created or recognized by law as separate entities
such as partnerships, corporations, trusts, estates, cooperatives, associations,
government or governmental subdivisions or agencies, or any other juristic
person.
The term "person" means any partnership, corporation, trust,
estate, cooperative, association, government or governmental subdivision or
agency, or (without limitation or qualification) any other type of juristic
person.
The term "juristic person" means (without limitation or
qualification) an abstract, legal entity ens legis, such as a
corporation, considered as possessing certain legal rights and duties of a human
being; an imaginary entity, which, on the basis of legal reasoning, is legally
treated as a human being.
The term “computer data” means representation of information,
knowledge, facts, concepts or instructions which are being processed, or have
been processed in the host computer and may be in any form, without limitation
or qualification, including, but not limited to text documents, printed text
documents, images, graphics, audio files, software programs, magnetic storage
media, simulated file folders, products, logos, punched cards, or any other form
of information stored in or obtained from the host computer.
The term "host computer" means the computer with a Web server
that serves the pages for www.supremefulvic.com.
The term "Web server" means a program that, using the
client/server model and the World Wide Web's Hypertext Transfer Protocol (HTTP),
serves the computer files that form Web pages to Web users whose computers
contain HTTP clients that forward requests.
The term "simulated file folder" means, in a graphical user
interface (GUI), a simulated file folder that holds data, applications and other
folders. Simulated file folders are discrete portions of the drive which allows
SFLLC to partition information into structures that make sense to the Owner.
The term "first-hand" means experienced or observed personally;
from the first or original source.
The term "report" means to relate or tell about; a narrative
description of events that may or may-not-be verified.
The term "second-hand" means not experienced or observed
personally; indirectly; provided by an individual other than the actual user.
The Term “Organic” means derived from living organisms.
The term "personally" means without the intervention of another
individual.
The term "testimonial" is synonymous with the word "report",
meaning: to relate or tell about; a narrative description of events that may or
may-not-be verified.
The Web site, inclusive of all Web site content and materials, is owned and
maintained by Diversified Systems (the "Owner"), a Wyoming Corporation. The Web
site is used by SFLLC to present to you the Web site content and
materials. All Web site content, images, information and materials provided by
the Owner, in any medium whatsoever (collectively referred to as "Content and
Materials"), are protected by common-law copyright, and U.S. and international
copyright laws. The Owner allows You to search for, view and use the Content and
Materials of the Web site only as permitted below. You may be able to access
additional Content and Materials of the Web site not available to the general
public only by first reading, understanding, and agreeing to all terms of any
additional related-thereto agreement/s.
The Web site is not directed at children under the age of 13. SFLLC values the
privacy and safety of children who may visit the Web site and will not knowingly
collect personally identifiable information from any child under the age of 13,
in compliance with the Children's Online Privacy Protection Act ("COPPA").
By Your act of using the Web site in any manner You signify that You knowingly
and willingly waive all defenses and unconditionally understand and consensually
agree that:
1. All sales of any products of Supreme Fulvic, LLC are approved and finalized
in the state of Wyoming;
2. Supreme Fulvic, LLC is not doing business in any state other than the state
of Wyoming;
3. You are unconditionally contractually bound to all terms and conditions
of this Site Agreement;
4. None of the statements presented anywhere at the Web site have been
evaluated by the Food and Drug Administration;
5. None of the statements in any document printed from any file of the Web
site have been evaluated by the Food and Drug Administration;
6. Irrespective of any statements made at the Web site, none of the
products referenced anywhere at the Web site or referenced in any document
printed from any file of the Web site, diagnose, treat, mitigate, cure, or
prevent any disease in any manner whatever;
7. None of the products referenced anywhere at the Web site or in any
document printed from any file of the Web site is intended nor infers to
diagnose, treat, mitigate, cure, or prevent any disease;
8. None of the statements made anywhere at the Web site or in any document
printed from any file of the Web site diagnoses, treats, mitigates, cures, or
prevents any disease, nor infers to diagnose, treat, mitigate, cure, or prevent
any disease;
9. None of the statements made in any of the testimonials anywhere at the
Web site or in any document printed from any file of the Web site diagnoses,
treats, mitigates, cures, or prevents any disease, nor infers to diagnose,
treat, mitigate, cure, or prevent any disease;
10. None of the products referenced anywhere at the Web site or in any
document printed from any file of the Web site are "drugs" or "new
drugs";
11. No medical advice is given anywhere at the Web site, nor in any document
printed from any file of the Web site;
12. No pill, liquid or any other substance cures any disease and that the human
body can and does repair, regenerate and heal itself when it (the human
body) is provided the nutritional substances that it needs, to do what it needs
to do and to maintain health and keep itself disease free;
13. No medical claims whatsoever are made or inferred at the Web site, nor in
any document printed from any file of the Web site;
14. All information provided at the Web site has been published and provided
for informational purposes only, and that the content of the Web site is
provided solely for Your personal use, and that all terms of this Site Agreement
apply to any and all information printed, copied, recorded, or obtained from the
Web site in any manner.
15. Any and all statements made at the Web site pertaining to the
properties and functions of nutritional supplements are for informational and
educational purposes only, and that any and all such statements made anywhere at
the Web site have not been evaluated by the Food and Drug Administration, and
that i) every individual is different, ii) not
everyone will experience the same results, iii) results may and often do vary,
and iv) that some people may not experience any results at all;
16. You agree that the effective date and time of this Site Agreement is each
date and time You use the Web site or access any of the Web site computer files
in any manner;
17. The Owner and SFLLC disclaim any and all responsibility for the accuracy of
the content of the Web site and the Web site's materials, and that You accept
100-percent responsibility for viewing, listening-to, reading, using, relying,
upon any and all information presented at the Web site;
18. You assume 100-percent responsibility for any damage or harm caused to Your
computer or computer-software by interacting with the Web site and the Web
sites' contents;
19. Any and all information at the Web site is subject to change without notice,
and that no commitment is made by the Owner to update any information at the Web
site;
20. Neither SFLLC nor the Owner make any representations or warranties with
regard to the accuracy or completeness of any of the information at the Web
site;
21. No relationship whatsoever between You and SFLLC, nor You and the Owner is
created by Your use of the Web site in any manner, and that the Owner or SFLLC
may deny You access to this web site at any time for any reason whatever;
22. In addition to any other restrictions set forth in this Site Agreement, You
agree not to: (1) use or attempt to use any "deep-link," "scraper," "robot," "bot,"
"spider," "data mining," "computer code" or any other automated device, program,
tool, algorithm, process or methodology or manual process having similar
processes or functionality, to access, acquire, copy, or monitor any portion of
the Web site, any data or content found on or accessed through the Web site, or
any other information at the Web site without obtaining prior express written
consent of SFLLC; (2) obtain or attempt to obtain through any means any
materials or information on the Web site that have not been intentionally made
publicly available either by their public display on the Web site or through
their accessibility by a visible link on the Web site; (3) violate the security
of the Web site or attempt to gain unauthorized access to the Web site, data,
materials, information, computer systems or networks connected to any server of
the Web site, through hacking, password mining or any other means; (4) interfere
or attempt to interfere with the proper working of the Web site or any
activities conducted on or through the Web site, including accessing any data,
content or other information prior to the time that it is intended to be
available to the public on the Web site; and (5) take or attempt any action
that, in the sole discretion of the Owner, imposes or may impose an unreasonable
or disproportionately large load or burden on the Web site or the infrastructure
of the Web site.
23. As a convenience, the Web site may link to other Web sites that may be of
interest to You, but are not under the Owner's, nor SFLLC's control. Linking to
such linked Web sites does not imply endorsement of such linked Web site by the
Owner, SFLLC, nor by the owner of such linked Web site, and neither the the
Owner, nor SFLLC shall be responsible in any manner for the availability of the
content contained in any such linked Web site.
24. The Content and Materials of the Web site may not be used as a trademark or
service mark, for any unlawful or pornographic use, to defame any person, or to
infringe upon any intellectual property rights of any person/entity.
Unauthorized use of the Content and Materials of the Web site constitutes
common-law copyright infringement and shall entitle the Owner to exercise all
rights and remedies under applicable copyright law, including an injunction
preventing further use and monetary damages against all user and/or
beneficiaries of such said unlawful use.
25. Waiving all rights, You hereby unconditionally agree to indemnify, defend
and hold the Owner, SFLLC, and, if any exist, all of the Owner's and SFLLC's
managers, partners, officers, trustees, members, agents, representatives,
employees, volunteers, information providers, affiliates, licensors, licensees,
successors and assigns (collectively the "Indemnified Parties") harmless from
and against any and all complaints, legal claims, legal actions, arbitrations,
liability, and costs (including attorneys' and other professional fees) incurred
by such Indemnified Parties in connection with any and all claims arising out of
any breach by You of this Site Agreement or the foregoing representations,
warranties, covenants. You shall cooperate with SFLLC and the Owner as fully as
reasonably required in the defense by Owner of any such claim. The Owner
and SFLLC reserve the right, at their own expense and sole discretion, to assume
defense and control of any matter otherwise subject to indemnification by You
and You shall not in any manner settle any matter without obtaining prior
written consent of the Owner.
26. THE Owner PROVIDES TO SFLLC AND YOU THE WEB SITE AND ITS CONTENT AND
MATERIALS ON AN "AS IS" BASIS. THE Owner MAKES NO WARRANTY, EXPRESS OR IMPLIED,
REGARDING THE WEB SITE AND THE CONTENT AND MATERIALS, THE ACCURACY OF ANY
INFORMATION, OR ANY RIGHTS UNDER THIS SITE AGREEMENT, INCLUDING, WITHOUT
LIMITATION, THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
27. NEITHER THE Owner, NOR SFLLC SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY
CLAIMING THROUGH YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF, OR RELATING TO ANY USE OF ANY CONTENT AND MATERIALS OF
THE WEB SITE.
28. Any dispute regarding this Site Agreement shall be governed by Wyoming law
and applicable United States Federal law, as may be amended. The parties to this
Site Agreement agree to accept the exclusive jurisdiction of the state and
federal courts located in Wyoming. No action nor inaction of the Owner may be
construed as a waiver or amendment of this Site Agreement, unless such action or
inaction is expressed in writing and signed by the Owner.
29. You have read all terms of this Site Agreement and completely understand all
such terms and agree to be unconditionally bound by all such terms and
conditions.
This Site Agreement constitutes the entire Site Agreement between the parties
with respect to the subject matter hereof and merges all prior and
contemporaneous communications into this Site Agreement. This Site Agreement
shall not be modified in any manner except solely by the Owner. If any
provision of this Site Agreement is found by a court of competent jurisdiction
to be invalid or unenforceable, such offending provision shall immediately
thereupon such finding be deemed to be modified to the minimal extent necessary
to bring such offending provision within the scope of validity and
enforceability. If such offending provision can not be so modified such
offending provision shall immediately thereupon such determination be stricken
and the remaining provisions of this Site Agreement shall remain in full force
and effect according to this Site Agreement's terms. The parties of this Site
Agreement intend that the provisions of this Site Agreement be enforced to the
fullest extent permitted by applicable law. This Site Agreement shall inure to
the benefit of and be binding upon the parties, their successors and assigns,
except that You many not assign or transfer this Site Agreement without the
Owner's prior written consent.
Your obligations regarding privacy, confidentiality, indemnification, security
and compliance with state and federal laws shall survive the termination of this
Site Agreement.
WEB SITE PRIVACY STATEMENT
Summary
- ALL personal information is kept private - it is never shared, given nor
sold to any third party.
- The e-commerce application used for our Internet Web site on-line store is
not vulnerable to cross-site scripting attacks, script injection or any other
known exploits that commonly affect web applications.
Detailed
Supreme Fulvic, LLC ("Supreme", "We", "Our", "Us") takes safeguarding online
privacy seriously and respects the privacy needs and concerns of our visitors
and customers. That is why how we
handle personal information, such as your name, address, email address, phone
number, credit card number, etc. ("Personal Information") that you provide to us
is important to us.
To gain your trust and confidence, this policy statement describes how we
respect your privacy by the manner in which we handle Personal Information
relating to you and your transactions with us, whether through the Supreme
Fulvic Web site store or over the telephone. This Privacy Statement describes
the Personal Information we gather about you, what we do with it, the safeguards
we have in place to protect it, and how you can control our use of it. By using
the supremefulvic.com Internet Web site (the "Web site"), the Web site user
signifies that the Web site user agrees, without limitation or qualification, to
be bound by this Privacy Statement.
When you provide to us Personal Information through our Web site or over the
phone you are consenting to the manner in which Supreme will collect, use,
disclose and otherwise manage your Personal Information, as set out below.
From time to time, Supreme may need to modify this privacy statement because of
changes in its business, or its attempts to serve your needs better. Supreme
will use reasonable efforts to publish any such changes to its privacy statement
and your use of the Web site shall constitute acceptance of such modifications
to the Privacy Policy. Supreme's use of information previously, now, and
hereafter obtained is subject to the Privacy Policy in effect at the time of
such use. Supreme adheres to the Safe Harbor program developed by the US
Department of Commerce and the European Union.
Who May Use the Web site
The Web site is not intended or designed to attract users under the age of 18
years. We do not collect Personal Information from any person we know to be
under the age of 18 years. If you are under 18-years of age, we ask that you not
send us any Personal Information.
The Web site is not directed at children under the age of 13. Supreme complies
with the Children's Online Privacy Protection Act ("COPPA") and does not
knowingly collect, or permit registration or submission of, personally
identifiable information by anyone less than 13 years of age.
The Web site is intended for users from the United States and those not governed
by privacy policies of other countries. Users from the European Union are
advised not to disclose Personal Information to Supreme. Do not send us
information unless you consent to the application of U.S law and to the use and
disclosure of your information consistent with this Privacy Statement.
Collection and Use of Personal Information
Supreme may collect Personal Information that you provide us when you:
- Purchase, order, return, exchange or request certain information about our
products and services;
- Contact customer service by email, regular mail, Web site feedback, or
telephone;
- Visit or register with our Web site or send us email;
- Respond to any of our surveys; or
- Provide us with comments or suggestions.
We may also collect Personal
Information about you from our Service Providers who provide us with e-commerce
related services related to the Sites.
The choice of how much personally identifiable information you disclose to
Supreme is completely at your discretion. It is never mandatory for you to
disclose any information or answer any question - although it may limit the
services and/or products that Supreme is able to provide to you.
Shopping at the Internet Web Site
When you order products through the Web site or over the telephone we will
collect your credit or debit card information and keep a history of your
purchases. We use this information to process your orders and to better assist
you when you call us.
When you return previously purchased merchandise or request a refund or
exchange, you may be asked to give your name, address, phone number and credit
card information. We collect this information to help prevent fraud.
Web site Registration
Registration at our Web site is not necessary, you do not have to register to
browse our Web site, but, at the present time, you do have to create an
account/register to purchase products through our Web site (this will change in
the very near future*). When you register, you are asked for information such as
your name, address, phone number, e-mail address, and a username and password
that you create. Your registration information may be used to help make your
online shopping quicker and easier, by pre-filling certain parts of your
shopping information. When you register you will have the opportunity to sign up
for future marketing information from Supreme.
Use of Service Providers
Supreme may use other companies to provide limited services on Supreme's behalf
- such as processing on-line transactions at the Web site. Supreme will only
provide such companies with personal information
needed to process such transaction. Such companies are
required to maintain the confidentiality of your information and are
prohibited from using that information for any other purpose.
Promotional Information and Marketing Materials
We would like to inform you of products and services, sales and special offers
that might benefit you. When you register online or participate in a survey, you
will have the opportunity to sign up for e-mails about our products, services,
sales and special offers.
We may also send you mail, email or call you with information about our product
and service offerings if you have provided us with your name and address, email
address or phone numbers. If you would like to stop receiving such promotional
information from Supreme, please see the “Privacy Preferences/Opt-Out” section
of this Privacy Statement.
Disclosure of Personal Information
ALL personal information is kept private - it is never shared, given nor sold to
any third party - including law enforcement, without a valid court order.
If your purchases are being shipped to you, your shipping information will be
shared with our delivery service providers (U.S. Postal Service, UPS, FedEx, or
other delivery companies we or you select). Our delivery service providers are
asked not to use your Personal Information for any purpose other than making the
delivery.
Access to Personal Information by Companies that Work with or on Behalf
of Supreme
Some of our operations, such as our electronic commerce (ecommerce), may be
managed by Service Providers who are unaffiliated companies. Examples of these
services include payment processing and authorization, fraud protection and
credit risk reduction, and shipping. These companies may have access to your
Personal Information on a confidential basis only to the extent necessary to
perform their functions. In no event will we authorize these companies to use
your Personal Information for any reason other than to provide you with those
specific services.
How does Supreme use my personal information?
Supreme uses the information for processing and shipping your order and managing
elements of your order, and, to contact you in an event that we have any
questions about your order or account, as well as notifying you of any special
pricing and discounts available. Guests of the Web site may be required to
provide certain personal information - such as their name and email address, so
that Supreme may uniquely identify such guest and provide better service on the
Web site for future visits. Other than as referenced in the above section
(Use of Service Providers), Supreme will not share any of your
personally-identifiable information with any third party whatsoever.
Access to Personal Information
You may request access to the Personal Information that we have about you. If
you are a registered user with our Web site, you can access your profile
information at any time by clicking on the "Your Account" link at the top of any
page of the Web site through which you registered.
Privacy Preferences / Opt-Out
You can opt-out of receiving email subscriptions by logging into your account at
the Web site store and clicking on the "email subscriptions" link on the right
side of the page. On the next page simply un-check the subscriptions you do not
want to receive. When you create your Web site account you have the option of
selecting any of the available email subscriptions by selecting the
subscriptions that you want to receive. You may change these preferences at any
time, but you must first register by creating an account before you can update
any of your preferences.
Cookies and Tracer Tags
The Web site store uses a technology called "cookies". A cookie is a tiny
element of data that the Web site can send to your browser, which may then be
stored on your hard drive so we can recognize you when you return. All pages of
our Web site store where you are prompted to log in or that are customizable
require that you accept cookies. If you have registered with the Web site store,
these cookies (1) may let us know who you are, (2) are necessary to access your
account information (stored on our computers) in order to deliver products and
personalized services, and (3) will provide us with information that we will use
to personalize our Web site in accordance with your preferences. Cookies are
also required to optimize your shopping experience in that they allow you to add
multiple items to your shopping basket before checking out. You may set your Web
browser to notify you when you receive a cookie. However, should you decide not
to accept cookies from our Web site, you will limit the functionality the
on-line store can provide when you visit our Web site. Tracer Tags: Our Web site
store may also use a technology called "tracer tags". These tags may also be
referred to as "Clear GIFs" or "Web Beacons". This technology allows us to
understand which pages you visit on our Web site. These tracer tags are used to
help us optimize and tailor our Web site for you and other future Web site
visitors.
Security of Personal Information
We maintain administrative, technical and physical safeguards to protect against
unauthorized access, use, modification and disclosure of Personal Information in
our custody and control. We are also committed to employing reasonable
technology in order to protect the security of our Web site. However, even with
the best technology, no website is 100% secure. We will take reasonable measures
which we believe are appropriate to protect your Personal Information from loss,
misuse, alteration or destruction.
Secure Shopping
When you place orders through our Web site, all of your order information,
including your card number and delivery address, is transmitted through the
Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your
browser to encrypt your order information before transmitting it to our secure
server. SSL technology, an industry standard, is designed to prevent someone
other than Supreme from capturing and viewing your Personal Information. Since
any order information you provide to Supreme through our Web site will be
transmitted using a secure connection, if your Web browser cannot support this
level of security, you will not be able to order products through our Web site.
The most recent versions of Netscape Navigator™, Microsoft Internet Explorer®,
FireFox® and Opera can support a secure connection and can be downloaded for
free from their respective Web sites.
Passwords
To provide you with an increased level of security, online access to your
Personal Information is protected with a username and password that you select.
We strongly recommend that create a password at least eight(8) characters (any
type) in length and that you not disclose your password to anyone. Supreme will
never ask you for your password in any unsolicited communication (including
unsolicited correspondence such as letters, phone calls or e-mail messages).
Our Privacy Statement and Outside Links
The Web site may contain links to other Web sites. Supreme is not responsible
for the privacy policies or procedures or the content of any other Web site, so
You should review the privacy policies of other Web sites carefully before
providing any personal or financial information to such Web sites.
Privacy Statement Modifications
From time to time we may modify or amend this Privacy Statement in order to
comply with new laws or regulations or to reflect future changes in our business
practices. Any changes in our policies will be communicated in this statement so
please check back on occasion. We also may post a notice on our Web site or send
an email describing the changes.
E-Mail
Supreme does not rent, sell, or give any email addresses that Supreme might
obtain from any quests to any third parties. Supreme reserves the right to send
You responsive email in response to any questions or comments that You may at
any point in time send to Supreme.
Security
The Web site has reasonable security measures in place to protect against the
loss, misuse or alteration of information under Supreme's control. While Supreme
strives to protect your personal information, Supreme cannot ensure, and does
not warrant, the security of any information. Communication via the Internet is
not fail-safe, and there is always a possibility that data may be lost, or
intercepted by unauthorized parties during such transmission or after receipt by
Supreme.
Contacting Us
If you have any questions about our (Supreme's) handling of Personal
Information, please contact us at Supreme Fulvic LLC, 23 Taylor Ave Box 3,
Manasquan, New Jersey 08736, or
e-Mail us. Alternatively, from within the USA and Canada you may call us
toll-free at 1 866 428-9027.
Last Updated: June 14, 2011
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