General
This website FoliPrime(the
"Site") is owned and operated by Supernatural Man, LLC (“COMPANY”
"we" or "us"). By using the Site, you agree to be bound by these
Terms of Service and to use the Site in accordance with these Terms
of Service, our Privacy Policy, our Shipping Policy, our Return
Policy and any additional terms and conditions that may apply to
specific sections of the Site or to products and services available
through the Site or from COMPANY. Accessing the Site, in any manner,
whether automated or otherwise, constitutes use of the Site and your
agreement to be bound by these Terms of Service. We reserve the
right to change these Terms of Service or to impose new conditions
on use of the Site, from time to time, in which case we will post
the revised Terms of Service on this website. By continuing to use
the Site after we post any such changes, you accept the Terms of
Service, as modified.
Intellectual Property Rights
Our Limited License to You.
This Site and all the materials available on the Site are the
property of us and/or our affiliates or licensors, and are protected
by copyright, trademark, and other intellectual property laws. The
Site is provided solely for your personal noncommercial use. You may
not use the Site or the materials available on the Site in a manner
that constitutes an infringement of our rights or that has not been
authorized by us. More specifically, unless explicitly authorized in
these Terms of Service or by the owner of the materials, you may not
modify, copy, reproduce, republish, upload, post, transmit,
translate, sell, create derivative works, exploit, or distribute in
any manner or medium (including by email or other electronic means)
any material from the Site. You may, however, from time to time,
download and/or print one copy of individual pages of the Site for
your personal, non-commercial use, provided that you keep intact all
copyright and other proprietary notices.
Your License to Us. By posting or submitting any material
(including, without limitation, comments, blog entries, Facebook
postings, photos and videos) to us via the Site, internet groups,
social media venues, or to any of our staff via email, text or
otherwise, you are representing: (i) that you are the owner of the
material, or are making your posting or submission with the express
consent of the owner of the material; and (ii) that you are thirteen
years of age or older. In addition, when you submit, email, text or
deliver or post any material, you are granting us, and anyone
authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify,
transmit, sell, exploit, create derivative works from, distribute,
and/or publicly perform or display such material, in whole or in
part, in any manner or medium, now known or hereafter developed, for
any purpose. The foregoing grant shall include the right to exploit
any proprietary rights in such posting or submission, including, but
not limited to, rights under copyright, trademark, service mark or
patent laws under any relevant jurisdiction. Also, in connection
with the exercise of such rights, you grant us, and anyone
authorized by us, the right to identify you as the author of any of
your postings or submissions by name, email address or screen name,
as we deem appropriate.
You acknowledge and agree that any contributions originally
created by you for us shall be deemed a “work made for hire” when
the work performed is within the scope of the definition of a work
made for hire in Section 101 of the United States Copyright Law, as
amended. As such, the copyrights in those works shall belong to
COMPANY from their creation. Thus, COMPANY shall be deemed the
author and exclusive owner thereof and shall have the right to
exploit any or all of the results and proceeds in any and all media,
now known or hereafter devised, throughout the universe, in
perpetuity, in all languages, as COMPANY determines. In the event
that any of the results and proceeds of your submissions hereunder
are not deemed a “work made for hire” under Section 101 of the
Copyright Act, as amended, you hereby, without additional
compensation, irrevocably assign, convey and transfer to COMPANY all
proprietary rights, including without limitation, all copyrights and
trademarks throughout the universe, in perpetuity in every medium,
whether now known or hereafter devised, to such material and any and
all right, title and interest in and to all such proprietary rights
in every medium, whether now known or hereafter devised, throughout
the universe, in perpetuity. Any posted material which are
reproductions of prior works by you shall be co-owned by us.
You acknowledge that COMPANY has the right but not the
obligation to use and display any postings or contributions of any
kind and that COMPANY may elect to cease the use and display of any
such materials (or any portion thereof), at any time for any reason
whatsoever.
Limitations on Linking and Framing.
You may establish a
hypertext link to the Site so long as the link does not state or
imply any sponsorship of your site by us or by the Site. However,
you may not, without our prior written permission, frame or inline
link any of the content of the Site, or incorporate into another
website or other service any of our material, content or
intellectual property.
Disclaimers
Throughout the Site, we may provide links
and pointers to Internet sites maintained by third parties. Our
linking to such third-party sites does not imply an endorsement or
sponsorship of such sites, or the information, products or services
offered on or through the sites. In addition, neither we nor
affiliates operate or control in any respect any information,
products or services that third parties may provide on or through
the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services,
offers, or other information or content expressed or made available
by third parties, including information providers, are those of the
respective authors or distributors, and not COMPANY. Neither COMPANY
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content. Furthermore, COMPANY
neither endorses nor is responsible for the accuracy and reliability
of any opinion, advice, or statement made on any of the Sites by
anyone other than an authorized COMPANY representative while acting
in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH
THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO
THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS
FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS,
OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE
OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless
COMPANY its affiliates, their successors, transferees, assignees and
licensees and their respective parent and subsidiary companies,
agents, associates, officers, directors, shareholders and employees
of each from and against any and all claims, causes of action,
damages, liabilities, costs and expenses, including legal fees and
expenses, arising out of or related to your breach of any
obligation, warranty, representation or covenant set forth herein.
Online Commerce
Certain sections of the Site may allow
you to purchase many different types of products and services online
that are provided by third parties. We are not responsible for the
quality, accuracy, timeliness, reliability or any other aspect of
these products and services. If you make a purchase from a merchant
on the Site or on a site linked to by the Site, the information
obtained during your visit to that merchant's online store or site,
and the information that you give as part of the transaction, such
as your credit card number and contact information, may be collected
by both the merchant and us. A merchant may have privacy and data
collection practices that are different from ours. We have no
responsibility or liability for these independent policies. In
addition, when you purchase products or services on or through the
Site, you may be subject to additional terms and conditions that
specifically apply to your purchase or use of such products or
services. For more information regarding a merchant, its online
store, its privacy policies, and/or any additional terms and
conditions that may apply, visit that merchant's website and click
on its information links or contact the merchant directly. You
release us and our affiliates from any damages that you incur, and
agree not to assert any claims against us or them, arising from your
purchase or use of any products or services made available by third
parties through the Site.
Your participation, correspondence or business dealings with
any third party found on or through our Site, regarding payment and
delivery of specific goods and services, and any other terms,
conditions, representations or warranties associated with such
dealings, are solely between you and such third party. You agree
that COMPANY shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such
dealings.
You agree to be financially responsible for all purchases made
by you or someone acting on your behalf through the Site. You agree
to use the Site and to purchase services or products through the
Site for legitimate, non-commercial purposes only. You also agree
not to make any purchases for speculative, false or fraudulent
purposes or for the purpose of anticipating demand for a particular
product or service. You agree to only purchase goods or services for
yourself or for another person for whom you are legally permitted to
do so. When making a purchase for a third party that requires you to
submit the third party's personal information to us or a merchant,
you represent that you have obtained the express consent of such
third party to provide such third party's personal information.
Interactive Features
This Site may include a variety of
features, such as bulletin boards, web logs, chat rooms, and email
services, which allow feedback to us and real-time interaction
between users, and other features which allow users to communicate
with others. Responsibility for what is posted on bulletin boards,
web logs, chat rooms, and other public posting areas on the Site, or
sent via any email services on the Site, lies with each user - you
alone are responsible for the material you post or send. We do not
control the messages, information or files that you or others may
provide through the Site. It is a condition of your use of the Site
that you do not:
Restrict or inhibit any other user from using and enjoying the
Site.
Use the Site to impersonate any person or entity, or
falsely state or otherwise misrepresent your affiliation with a
person or entity.
Interfere with or disrupt any servers or
networks used to provide the Site or its features, or disobey any
requirements, procedures, policies or regulations of the networks we
use to provide the Site.
Use the Site to instigate or
encourage others to commit illegal activities or cause injury or
property damage to any person.
Gain unauthorized access to the
Site, or any account, computer system, or network connected to this
Site, by means such as hacking, password mining or other illicit
means.
Obtain or attempt to obtain any materials or
information through any means not intentionally made available
through this Site.
Use the Site to post or transmit any
unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any local, state,
national or international law.
Use the Site to post or
transmit any information, software or other material that violates
or infringes upon the rights of others, including material that is
an invasion of privacy or publicity rights or that is protected by
copyright, trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission from the
owner or rights holder.
Use the Site to post or transmit any
information, software or other material that contains a virus or
other harmful component.
Use the Site to post, transmit or in
any way exploit any information, software or other material for
commercial purposes, or that contains advertising.
Use the
Site to advertise or solicit to anyone to buy or sell products or
services, or to make donations of any kind, without our express
written approval.
Gather for marketing purposes any email
addresses or other personal information that has been posted by
other users of the Site.
COMPANY may host message boards,
chats and other private/public forums on its Sites and on other
platforms. Any user failing to comply with the terms and conditions
of this Agreement may be expelled from and refused continued access
to, the message boards, groups, chats or other such forums in the
future. COMPANY or its designated agents may remove or alter any
user-created content at any time for any reason. Message boards,
chats and other public forums are intended to serve as discussion
centers for users and subscribers. Information and content posted
within these public forums may be provided by COMPANY staff,
COMPANY's outside contributors, or by users not connected with
COMPANY, some of whom may employ anonymous user names. COMPANY
expressly disclaims all responsibility and endorsement and makes no
representation as to the validity of any opinion, advice,
information or statement made or displayed in these forums by third
parties, nor are we responsible for any errors or omissions in such
postings, or for hyperlinks embedded in any messages. Under no
circumstances will we, our affiliates, suppliers or agents be liable
for any loss or damage caused by your reliance on information
obtained through these forums. The opinions expressed in these
forums are solely the opinions of the participants, and do not
reflect the opinions of COMPANY or any of its subsidiaries or
affiliates.
COMPANY has no obligation whatsoever to monitor any of the
content or postings on the message boards, chat rooms or other
public forums on the Sites. However, you acknowledge and agree that
we have the absolute right to monitor the same at our sole
discretion. In addition, we reserve the right to alter, edit, refuse
to post or remove any postings or content, in whole or in part, for
any reason and to disclose such materials and the circumstances
surrounding their transmission to any third party in order to
satisfy any applicable law, regulation, legal process or
governmental request and to protect ourselves, our clients,
sponsors, users and visitors.
Registration
To access certain features of the Site, we
may ask you to provide certain demographic information including
your gender, year of birth, zip code and country. In addition, if
you elect to sign-up for a particular feature of the Site, such as
chat rooms, web logs, or bulletin boards, you may also be asked to
register with us on the form provided and such registration may
require you to provide personally identifiable information such as
your name and email address. You agree to provide true, accurate,
current and complete information about yourself as prompted by the
Site's registration form. If we have reasonable grounds to suspect
that such information is untrue, inaccurate, or incomplete, we have
the right to suspend or terminate your account and refuse any and
all current or future use of the Site (or any portion thereof). Our
use of any personally identifiable information you provide to us as
part of the registration process is governed by the terms of our
Privacy Policy.
Passwords
To use certain features of the Site, you will
need a username and password, which you will receive through the
Site's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are responsible for
all activities (whether by you or by others) that occur under your
password or account. You agree to notify us immediately of any
unauthorized use of your password or account or any other breach of
security, and to ensure that you exit from your account at the end
of each session. We cannot and will not be liable for any loss or
damage arising from your failure to protect your password or account
information.
Limitation of Liability
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY
AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR
MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR
SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE
AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE
ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN
SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND
PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY
MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE
SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR
MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES
NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY,
COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON
THE SITE:
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL
INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU
SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT
REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF
YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD
ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL.
DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED
ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU
MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON
THIS SITE IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY
SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE
PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS
AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT
LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING
HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.
Termination
We may cancel or terminate your right to use
the Site or any part of the Site at any time without notice. In the
event of cancellation or termination, you are no longer authorized
to access the part of the Site affected by such cancellation or
termination. The restrictions imposed on you with respect to
material downloaded from the Site, and the disclaimers and
limitations of liabilities set forth in these Terms of Service,
shall survive.
Refund Policy
Your purchase of a product or service or
ticket to an event may or may not provide for any refund. Each
specific product, service, event or course will specify its own
refund policy.
Amendment to reseller policy- 3/7/2022
As of 3/7/2022 we
will no longer honor refund requests, or be able to provide support
stemming from purchases that were made on our authorized sites and
then resold on third-party sites such as eBay, Amazon, and the like.
Supernatural Man products are NOT for resale and are verified for
personal use only. Therefore, any requests to refund an order which
violates this not for resale clause will not be honored under any
circumstances. Refunds will only be issued and processed for
customers we have records of purchasing directly from us within our
system. If you have purchased a Supernatural Man product from a
secondary reseller/site, we will be unable to provide assistance
with your purchase, as we only sell directly to consumers (DTC) at
this time. Any attempt to refund a purchase of a Supernatural Man
product purchased on a third-party site will be denied, as we cannot
ensure that the product you are intending to refund is indeed an
authentic Supernatural Man product. Additionally, if deemed that you
have violated these terms after an issued warning, a hold will be
placed on your customer account, if applicable, to blacklist further
purchases on your behalf. To report “not for resale” fraud- If you
have seen the sale of Supernatural Man products on any other
third-party site, please do not hesitate to report the listing(s)
via: [email protected]. We appreciate your support in
assisting us in keeping our customers safe. At Supernatural Man, we
strive to ensure safety and consistency for our customers and are
committed to creating a fraud-free environment. Thank you for your
understanding.
Digital Millennium Copyright Act
The Digital Millennium
Copyright Act of 1998 (the "DMCA") provides recourse for copyright
owners who believe that material appearing on the Internet infringes
their rights under the U.S. copyright law. If you believe in good
faith that materials hosted by COMPANY infringe your copyright, you,
or your agent may send to COMPANY a notice requesting that the
material be removed or access to it be blocked. Any notification by
a copyright owner or a person authorized to act on its behalf that
fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon
COMPANY actual knowledge of facts or circumstances from which
infringing material or acts are evident. If you believe in good
faith that a notice of copyright infringement has been wrongly filed
against you, the DMCA permits you to send to COMPANY a
counter-notice. All notices and counter notices must meet the then
current statutory requirements imposed by the DMCA; see
http://www.loc.gov/copyright for details. COMPANY's Copyright Agent
for notice shall be [email protected]
Assignment
This Agreement shall be binding upon and
inure to the benefit of COMPANY and our respective assigns,
successors, heirs, and legal representatives. Neither this Agreement
nor any rights hereunder may be assigned without the prior written
consent of COMPANY Notwithstanding the foregoing, all rights and
obligations under this Agreement may be freely assigned by COMPANY
to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution:
These Terms of Use shall be governed
by and construed in accordance with the laws of the State of TX and
any dispute shall be subject to binding arbitration in San Antonio,
TX. If any provision of this agreement shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity and
enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with
us on an individual basis, and may not bring a claim as a plaintiff
or a class member in a class, consolidated, or representative
action. Class arbitrations, class actions, private attorney general
actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s
claims, and may not otherwise preside over any form of a class or
representative proceeding or claims (such as a class action,
consolidated action or private attorney general action) unless all
relevant parties specifically agree to do so following initiation of
the arbitration.
Severability
If any clause within these Terms of Service
(other than the Class Action Waiver clause above) is found to be
illegal or unenforceable, that clause will be severed from these
Terms of Service, and the remainder of these Terms of Service will
be given full force and effect. If the Class Action Waiver clause is
found to be illegal or unenforceable, this entire Provision will be
unenforceable and the dispute will be decided by a court.