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The information contained in the Supergoop!™ web site is provided for informational purposes only, and should not be construed as medical advice.
No recipients of content from this site, customers or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue. The content of this site contains general information and may not reflect current medical developments. Taylor James Ltd. expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this site.
Any information sent to Taylor James Ltd. via Internet e-mail or through this site is not secure and is done so on a non-confidential basis. In exchange for availing yourself of the information on this web site, you agree that Taylor James Ltd., its general partner, or any of its affiliates shall not be liable to you for any loss or injury caused in whole or part by either negligence or contingencies beyond its control in procuring, compiling, or delivering the information. In no event will Taylor James Ltd, its general partner or any affiliate company, or the contributors of information to this site be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
YOUR USE OF THE SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME.
Please read this Agreement carefully as it forms a binding contract between you and the Company. Please print a copy of this Agreement for your records.
PERSONAL USE OF CONTENTS
The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of any portion of the contents, you must secure the written consent from the appropriate content provider (including but not limited to reproduction on other web sites, distribution by electronic mail, or republication in a printed publication).
USE OF SITE
Your use of the Site is at the sole discretion of the Company, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site and any orders for merchandise placed through the Site do not entitle you to continued use of the Site.
Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:
a. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
b. upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
c. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
d. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of the Company and that all title and interest therein, including all rights of copyright, shall rest with the Company at the time they are submitted and/or posted. You will be deemed to have granted to the Company a non-revocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice, and you waive all rights of attribution and integrity. The submission of such materials in no way creates any obligation or duty on the part of the Company to post or use such materials or, if we do so, to give you credit.
LINKS TO OTHER WEBSITES
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION, CLAIMS BASED UPON THE NEGLIGENCE OF THE COMPANY, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY WEBSITES LINKED TO THIS SITE.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ANY AND ALL INFORMATION CONTAINED ON THE SITE, INCLUDING SUGGESTED RETAIL PRICES, PRODUCT SPECIFICATIONS, AND INFORMATION CONCERNING LAUNCHING OF PRODUCTS, IS SUBJECT TO CHANGE WITHOUT NOTICE.
b. THE COMPANY MAKES NO WARRANTY THAT:
1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
3. THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
INTELLECTUAL PROPERTY RIGHTS
The Site is owned and operated by the Company and is protected by copyright, trademark, trade dress and other intellectual property rights.
a. The Company grants you a personal, revocable, non-transferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
b. The Company mark and logo, and other trademarks, service marks, labels, product names and service names (collectively, the “Marks”) are owned or licensed by the Company. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of the Company. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized, sponsored, endorsed by, or affiliated with the Company.
c. The entire Site and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and other mark up languages, and all scripts within the Site associated therewith, are Copyright 2005, Taylor James Ltd. All rights reserved. The copyrighted and proprietary property of the Company may not be duplicated or used without the Company’s express prior written consent.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS, OR THE INFORMATION OR DATA CONTAINED IN SUCH MATERIALS, CONTAINED IN THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. FURTHER, ANY USE OF THE SITE MATERIAL FOR ANY OTHER PURPOSE THAN AS PERMITTED HEREIN IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN CIVIL AND CRIMINAL PENALTIES.
The Company may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
The Company owns, protects and enforces copyright in its own creative materials and respects the copyright properties of others. The Site may contain materials of third parties and links to third party websites, portals and directories. As a result, materials of third parties, not owned or controlled by the Company, may be included in or linked to the Site or may be stored or transmitted over the Site. To the best of the Company’s knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, the Company will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of the Company to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to the Company to be repeat infringers in connection with their use of the Company’s sites, links, or storage and communication systems and networks. The designated agent (i.e. the proper party) to whom you should address such notice is Ms. Holly Thaggard, Taylor James Ltd., 200 E Grayson, Suite 112, San Antonio, TX 78215 Tel: 210-787-1377; info (at) supergoop.com.
This Agreement constitutes the entire agreement between you and the Company with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the Site are supplemented by our Ordering Policies.
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.
GOVERNING LAW AND VENUE
This Agreement, the entire relationship between you and the Company, and any litigation or other legal proceeding between you and the Company (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. This contract is fully performable in Bexar County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
The Company may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.
- Qualified Referral. A Qualified Referral is defined as a purchase made at www.supergoop.com by a person (a “Referred Customer”) who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must be a new customer.
- Reward Payments. Rewards are granted to the Referrer upon the time that a Referred Customer completes a purchase.
- Eligibility. Eligibility is limited to individuals only. Supergoop!’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Supergoop!’s sole discretion.
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Supergoop!’s Refer-a-Friend program.
- Right to Close Accounts. Supergoop! reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Supergoop! Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Supergoop! reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
If you have a comment, question or request, or if you need to contact the Company for any other reason, there are two (2) easy ways to do so.
a. E-mail: You can send us a message to info (at) supergoop.com.
b. U.S. Mail: Send mail to the Company at:
200 E Grayson, Suite 112
San Antonio, TX 78215