Terms & Conditions
As a condition precedent to you being able to use any of the tools, functions and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this site, or use any tools, functions or services that this site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and you may not use any tool or service that this site provides. We reserve the right to amend or modify this Agreement at any time with no prior notice to you. You are asked to read this Agreement each time you use any of our tools or services or view any content present on our site. Your usage of any tool or service of our site or your viewing of any content on our site subsequent to our modification or change of any element of this Agreement is your express agreement that you agree to be bound by each and every term and condition of the new version of this Agreement.
You are granted a non-exclusive, non-transferable and revocable license to access and use this site according to the terms and conditions of this Agreement. You may use the site only for personal, non-commercial usage.
SuperPlantz Is Not A Medical Product Referral Service
We are not a medical referral service. We do not endorse, recommend, or approve any healthcare products or services or any third party products and services of any nature. We provide you with information so that you can begin to conduct your own research into whether or not consumption of these products is appropriate for you. You must conduct sufficient personal research on your own so that you can make your own knowing and intelligent decision regarding whether or not you should consume any of these products or services. It is crucial that as part of your decision making process that you consult with your own USA based physician or other licensed health care provider so that you may be fully informed about all the necessary facts and information required in order to make what may be the most important decision of your life. Please consider asking your USA based physician or other licensed health care provider to directly speak to any physician or other health care provider and related facility director regarding any questions regarding the medical treatment that you may be considering using any products.
You agree to assume all responsibility regarding whatever decision you make about obtaining products and services through this or affiliate sites and you agree to hold us harmless from any claims arising from consumption of any products .
Understanding the Purpose of SuperPlantz
SuperPlantz provides informational services regarding plant-based products and services. It is up to each individual who uses the tools and services that we provide to conduct their own comprehensive due diligence of any health effects. You, as our user, must agree to hold us harmless and to indemnify us from any claim of any nature arising from your use of our tools, services or your use of any products and services that you learn about via our website. Our site provides information only and we do not independently investigate any claims made by any third party that advertises on our site or regarding any information for any third party that is published on or via our website.
This site does not provide medical advice of any nature. Please consult with your health care professional before using any products and services that you learn about via our site.
Information that you view on our site may be inaccurate, incomplete or misleading. We do not screen the content provided by the third party that they provide on our site. Please use common sense when viewing any claims made by any third party that may be published on our site or that you may learn indirectly via our site and verify all claims with your own independent sources. We are not responsible for the claims of any advertisements that appear on our site.
We provide free monthly newsletter that you may subscribe to if you wish. You agree to independently investigate the claim of any third parties that you learn about in this newsletter and to refrain from buying or using any products or services from any third party that you learn about in the newsletter unless you have first consulted with your own personal health care provider. We also allow our site users to request reception of information directly from our suppliers.
Site members and visitors may not:
- Violate the law of any jurisdiction while visiting our site or using any tool or service that we provided.
- Harass or Cyberstalk any user.
- Conduct any activity that is harmful or detrimental to our site as solely determined by us.
- Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.
- Upload any material that is harmful to our user’s computers or objectionable to our community as a whole.
- Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.
- Falsely represent your professional or business credentials or professional background.
You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 21 years of age.
We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein.
Any user may terminate their use or membership at this site at any time. We may terminate usage or membership of any person or entity at any time for any reason we deem appropriate with no prior notice to the person or entity whose membership or usage is being terminated.
Disclaimer of Warranty
We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site is provided to you “As Is, Where Is”, without any warranty of any kind, express or implied.
Intellectual Property Provisions
All content provided within or via this site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
Termination of Service
We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you.
You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
Should you purchase a service or product from us, you agree to provide us with true, complete and correct credit information, that your credit card company will honor the charge you have placed against your account, that you will refrain from “charging back” the charge for any reason and that you will in fact pay for the product or service that you have ordered or placed, including all applicable taxes.
Links to Third Party Sites
All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. “Submissions” may be thought of as “letters to the editor” or “suggestions/ideas” type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
Limitation of Liability
We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool, product or service that we provide to you, whether directly or indirectly. We are not responsible for any medical care or other professional care that you receive from any person, entity or business that you learn about via our site. You must conduct your own due diligence and investigation regarding the appropriateness of seeking professional care from any person, facility or entity that you learn about via our site prior to seeking such care. You are solely responsible for any loss or injury that occurs to you or any third party you share such information with should you or that third party seek the professional care offered by any person, facility or entity that you learn about via our site, whether directly or indirectly.
This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the State of Colorado , excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Denver, Colorado, or any location closer to or within Kansas, before J.A.M.S./ENDISPUTE or its successor (“JAMS”) pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.’s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the “JAMS Rules”), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS’s panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party’s notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator’s award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator’s fees will be shared equally by the parties and each party will bear its own costs and attorneys’ fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). Do not use this site if such usage violates the law of the jurisdiction in which you reside, including the laws of any state of the United States or any USA federal law or regulation.
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this site or elsewhere. Any usage of this site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.
Intellectual Property Notices
You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
Links and References to our Website by Third Party Websites Disclaimer
As a robust information website, SuperPlantz and its official, company owned websites are often referred to or linked to by third parties, such as, but not limited to; medical websites, education websites, research websites, blogs, press releases, tourism websites, and local business development websites. Websites and all such commercial publications may do so under two circumstances:
- Prior approval is sought in writing, and approved in writing, by authorized personnel of SuperPlantz.
- That subject references or links are done in a way that is fair and legal and does not in any way, whether directly or indirectly, damage or take advantage of our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by and/or operated by you unless you have obtained our prior written permission.
We will not be responsible or liable for any damage or loss caused by any content or material linked to SuperPlantz or its official websites including in particular any third party content or comments, photos, product reviews, endorsements, opinions, comments or other testimonials or any other specific online user activities.