Conditions of Use

TERMS AND CONDITIONS OF USE

Thank you for your interest in the Internet sites and mobile device sites and apps[RLG1]  made available by the Supreme Oil Company, Incorporated (the “Services”).  The Services provide visitors and customers with access to content about our company and its brands and products including Admiration® and the admirationfoods.com site. We link to these terms and conditions of use (these “Terms of Use”) in or from all of our Services.

In the interest of continuing to build trust with visitors and customers, we want you to understand that by using or downloading our Services you are agreeing to these Terms of Use as well as our Privacy Policy[RLG2] . We may revise these Terms of Use at any time.  Although we ask that you please check this page periodically for such revision, we will try to post notice that a revision has been made somewhere within the Services.  Whether or not we provide, or you see such notice, however, by continuing to access and use the Services after the revisions are made, you will have accepted and agreed to the revised Terms of Use.

These Terms of Use are a legal document, so clarity is important. We use this section to let you know about some words that have special meanings whenever you see them here.  The words “you” and “your” refer to each individual accessing and using the Services. The words “Company”, “we”, “us” and “our” refer to the Supreme Oil Company, Incorporated, acting on behalf of itself and, where applicable, its affiliates and third-party licensors.  You also will notice that we capitalize certain additional words in these Terms of Use even though grammatical rules do not require. We do this because in the context of these Terms of Use, such capitalized words have specific meanings which can be found where they are first used, as indicated by bold text.

1. Rights and Conditions. You may access and view the text, images, graphics, logos, audio, video and other information and materials made available on or from the Services (the “Content”) on your computer or other Internet compatible device solely in connection with your personal, non-commercial use.  You also may print out and make copies of the Content in connection with such permitted, personal, non-commercial use. You may not make use of the Services or any Content for any commercial purpose whatsoever unless you have received our express written prior permission in advance. You acknowledge that any use of Services and Content, except as otherwise permitted in this paragraph, is a breach of these Terms of Use. Breach of certain paragraphs of these Terms of Use also may be a violation of applicable law.  We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.

2. United States; Governing Law.  We control and operate the Services from within the United States of America (the “USA”). Although we generally do not block or monitor visitors from other countries, the Services are directed only at visitors from the USA, 18 years of age and over.  The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt.  We do not represent that the Services or any Content are appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of submissions you may make) will comply with all local laws.  Users who choose to access the Services from outside the USA or, per paragraph 6, submit materials from outside the USA and/or as non-USA citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national and international laws and treaties.  These Terms of Use are governed by and construed in accordance with the laws of the State of New Jersey and the federal laws of the USA enforced within, without regard to principles of conflicts of laws.  All proceedings relating to us, the Services or these Terms of Use must be brought in the state or federal courts located in Bergen County, New Jersey, USA and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

3. Content. Content may have a variety of origins, including information generated and provided by us and third parties.  We do not provide any warranty that the Content is or will be:

·       accurate or complete;

·       current (or that it will be updated);

·       error free (either technically or with respect to typographical errors); and/or

·       free from interruptions, computer viruses or other harmful components.

You may make use of the Content under the rights set forth paragraph 1, but under no circumstances will we be liable for any loss or damage caused by your reliance on Content.  It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other elements of the Content.

4. Trademarks and other Intellectual Property Rights. The logos, names and other similar marks (collectively, the “Trademarks”) displayed on the Services are registered and unregistered Trademarks of ours and our licensors and may not be used unless authorized by the Trademark owner. The print-outs and copies you are permitted to make under paragraph 1 may have Trademarks on them and you may make incidental, non-commercial use to the same extent as those print-outs and copies. Except for such incidental use, nothing contained on the Services or in these Terms of Use should be construed as granting you any license or other right to use any Trademark displayed.  As between you and us, we are the exclusive owners of all right, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Services, its Content and its and their look and feel, design and organization and compilation as well as all Trademarks.  If you believe any content appearing on the Services violates your intellectual property rights, please give us notice so we can consider appropriate take down procedures[RLG3] .

5. Social Media. This section applies to everyone who interacts with our social media presence. You are therefor viewing this page because you either linked from the social media features on our Services (“Internal Social Media Features”) or from comment sections, feeds and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”). Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them.  Specifically, our Privacy Policy does not apply to our External Social Media Presence.  The sites and platforms that host our External Social Media Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use will apply. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of the Company. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features and on our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed.  If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.  If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.

6. Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts or other materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact Us” link or user generated content on our Internal Social Media Features or External Social Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy.  By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with applicable laws; and (b) you grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us, therefore you should retain copies of all such data and information in your own records.

7. Other Policies and Terms. Our collection of certain information about you including personal information provided as part of the above described Submitted Materials, is subject to the Company’s Privacy Policy which is incorporated herein by reference for all purposes.  Sales of our products are governed by separate terms and conditions of sale and related contract documents and not these Terms of Use.  Any attempt to submit a purchase order or similar document as Submitted Materials in order to circumvent our separate product sales contracts is hereby reject and null, void and of no effect.

8. Prohibited User Conduct. You warrant and agree that, while using the Services and the various features and functions offered on or through the Services, you shall not: (a) obscure, alter or destroy Trademarks or Content; (b) probe, scan or test the vulnerability of a system or network on, from or through the Services; (c) breach or defeat system or network security measures on, from or through the Services including authentication, authorization, confidentiality, intrusion, detection or monitoring; (d) interfere with or disrupt the Services or our business, including our systems, operations or network or telecommunications devices; (e) remove, modify or obscure any proprietary rights notices that we place on any component of the Services;  (f) engage in spidering, “screen scraping,” “database scraping,” harvesting of contact or personal information, or any other automatic means of accessing, logging-in or registering on the Services, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Services; (g) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (h) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (i) violate the privacy rights of any party under applicable law; (j) use any technology that is or reasonably should be known to contain malicious or destructive software code such as viruses or disabling devices; or (k) use the Services to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient.

9. Third Party Web Sites. Links from Our Services.  You may see on the Services hyperlinks or pointers to other web sites maintained by third parties and we also may provide third party content on the Services by framing or other methods (collectively, “Links”).  Links are provided for your convenience and information only.  The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party owners or sponsors.  Except for the links to our brands and products within the Services, neither the web sites nor parties to which a Link will bring you are under our control and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow an external Link, you are no longer subject to our Privacy Policy.  You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links.  We reserve the right to terminate a Link at any time without notice.

Links to Our Services.  In general, we do not object to Links to our Services from third-party sites including social media. If you Link to our Services, we: (a) reserve the right to object to and delete such Link at any time, for any reason; and (b) require that you abide by the following rules:

·     you may not present the Link to our Services in any manner that suggests Company has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products, services, or content on your site unless Company expressly agrees to your doing so in writing;

·     we reserve the right to object to any link which uses Trademarks; and

·     your Link may not in-line, frame or otherwise incorporate Content unless Company grants its express permission in writing.

Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect the name, reputation and goodwill of Company and its products are prohibited. In addition, the use of Trademarks or other words or codes identifying Company or its products in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.

10. Liability and Indemnity.  THE SERVICES, ITS CONTENT AND ANY OTHER INFORMATION, FEATURES AND FUNCTIONS OR SERVICES ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS AND REPRESENTATIVES (“COMPANY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY.  IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT OR ITS FEATURES AND FUNCTIONS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE.  THE COMPANY PARTIES, HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT OR FEATURES AND FUNCTIONS AND SERVICES THAT YOU ACCESS THROUGH THE SITE.  THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the Company Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services, or your breach or violation of Applicable Laws or of these Terms of Use.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

11. Term and Termination. These Terms of Use apply to all users of the Services at all times until we supersede and replace them.  We may at any time terminate, change, suspend, add to or discontinue any aspect of the Services itself, or your right to use it, including your Account, without notice or liability to you.

12. Miscellaneous. These Terms of Use and Privacy Policy are the entire and exclusive agreement between us and all visitors and users of the Services.  Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.  You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Services, these Terms of Use or the Privacy Policy must be filed by you within one year after such claim or cause of action arose or be forever barred.  Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect.  The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party.  You many not assign your rights or obligations hereunder.  The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination.  The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.

If you have questions please contact us at 66 Grand Ave 2nd Floor Englewood NJ, 07631, by phone at 201-408-0800 or by e-mail at customerservice@admirationfoods.com