Terms & Conditions
Last Updated: February 2024
IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS (“TERMS”) OF SALE BEFORE PLACING AN ORDER THROUGH OUR WEBSITE OR OTHERWISE ACCESSING OR USING OUR WEBSITE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SUPERTROPIC (SUPERFOOD ENERGY LLC). PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This Website located at www.supertropic.co including any features, content, or other materials provided via this Website (the “Website”) are owned and operated by SUPERFOOD ENERGY LLC and its affiliates (collectively “SUPERTROPIC”, “we”, “us,” or “our”). These Terms, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and Supertropic, and governs your access to and use of these Website or any other Website of Supertropic, any order you place through the Supertropic website and your use or attempted use of our products and services (collectively, “Your Use”).
BY ACCESSING OR USING THE Website, INCLUDING PLACING AN ORDER ONLINE FOR ANY PRODUCTS MADE AVAILABLE ON OR THROUGH THE Website (SUCH PRODUCTS, “PRODUCTS”), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND SHALL BE ENFORCEABLE IN THE SAME WAY AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT ACCESS OR USE THE Website OR OTHERWISE PLACE AN ORDER ONLINE.
We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You may read a current, effective copy of these Terms by visiting the “Terms & Conditions” link on our website. Your continued use of the website after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, you will not access, browse, or use (or continue to access, browse, or use) the Website.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SUPERTROPIC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Eligibility
In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
AUTOMATIC RENEWAL TERMS FOR SUBSCRIPTIONS
SUPERTROPIC OFFERS CONSUMERS “PRODUCTS” THAT CAN BE PURCHASED THROUGH A SUBSCRIPTION (“SUBSCRIPTION”), WHICH WILL AUTOMATICALLY RENEW UNLESS CANCELED. IF YOU SIGN UP FOR A SUBSCRIPTION, THE PAYMENT METHOD YOU PROVIDE WILL BE CHARGED THE AMOUNT THEN IN-EFFECT EVERY 30 DAYS, OR THE SHIPPING CADENCE OF YOUR CHOOSING. (“BILLING PERIOD”)
YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME. TO AVOID A RECURRING CHARGE YOU MUST CANCEL YOUR SUBSCRIPTION BY THE LAST DAY OF YOUR BILLING PERIOD. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION , YOU MAY DO SO ELECTRONICALLY BY EMAILING US (SUPPORT@SUPERTROPIC.CO) OR BY CALLING A CUSTOMER SERVICE REPRESENTATIVE. ALL CANCELLATIONS ARE EFFECTIVE ON THE LAST DAY OF BILLING PERIOD.
YOU ARE OBLIGATED TO PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU ARE RESPONSIBLE FOR PROMPTLY UPDATING ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (E.G., CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). YOU MUST PROMPTLY NOTIFY US IF YOUR CREDIT CARD INFORMATION IS CANCELLED OR IS NO LONGER VALID. CHANGES TO SUCH INFORMATION CAN BE MADE BY EMAILING OR CALLING A CUSTOMER SERVICE REPRESENTATIVE AT THE TELEPHONE NUMBERS LISTED ON THE WEBSITE.
Return/Refund Policy
If you would like to return an item to SUPERTROPIC, you must contact us within 14 days of delivery of your item to request a return shipping label. You can request a return label by sending an email to support@supertropic.co. In this e-mail you must include your full name, order number, the date of your purchase and your address and payment details. We do not process return requests by phone or voicemails. We will then email you the mailing address and how to return the product in order to get your refund. You must return the product to us in order to get a refund. The refund will be processed within 6 weeks after receipt of the returned product. Please note that shipping costs cannot be refunded. We only accept returns of unopened, unworn, and undamaged items. Items returned without using our authorized return process will not be eligible for a refund or replacement.
User-Generated Content
Subject to the limitations set forth herein, you or third parties may be able to upload or submit any photographs, comments, video clips, reviews and other communications and content to us (either directly or through our partners, including, without limitation, through our reviews platform) the Website (“Your Content” or “Third-Party Content,” as applicable). Unless we indicate otherwise, by posting or submitting Your Content to the Website, you grant Supertropic a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (directly and indirectly through multiple tiers) right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content, and the name submitted in connection with such content, throughout the world in any media now known or hereafter conceived. Supertropic and its affiliates are free to use any ideas, concepts or know-how contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing, distributing and marketing products using such information. Supertropic is under no obligation (i) to maintain Your Content in confidence; (ii) to pay to you or any third party any compensation for any Your Content; or (iii) to respond to any Your Content. You are and shall remain solely responsible for Your Content.
You represent and warrant that (a) you own or otherwise control all of the rights to Your Content; (b) that Your Content is accurate; and (c) that use of Your Content does not violate this Agreement and will not cause injury to any person or entity.
We will not be responsible or liable to you or to any third party in any way for the content, or completeness, accuracy, or reliability of Your or Third-Party Content), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. Supertropic has the right, but not the obligation, in its sole discretion, to monitor and edit or remove any activity or content, or take legal action against you or the third party responsible for such content. Any content, views, opinions, comments, or questions/responses expressed, submitted, published, posted, uploaded, or otherwise transmitted by third parties or other users through or in connection with the Website, Supertropic, or its products, are solely the views, opinions and responsibility of the parties expressing, submitting, publishing, posting, uploading, or transmitting them and do not necessarily reflect the opinions of Supertropic. Supertropic takes no responsibility and assumes no liability for Your Content or for any Third-Party Content.
You hereby authorize Supertropic and its third-party service providers to derive statistical and usage data relating to your use of the Website or Products (“Usage Data”). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Website or Products (“Submissions”), provided by you to Supertropic are non-confidential and Supertropic will be entitled to the unrestricted use and dissemination of these Submissions for any purposes, commercial or otherwise, without acknowledgement, attribution, or compensation to you.
User Conduct
You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:
(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
In using the Website, you further agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
(b) not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
(c) not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(d) not to use, frame, or utilize framing techniques to enclose any Supertropic trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website's page) without Supertropic’s express written consent;
(e) not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
(f) not to use meta tags or any other “hidden text” utilizing an Supertropic name, trademark, or product name without Supertropic’s express written consent;
(g) not to deeplink to the Website without Supertropic’s express written consent;
(h) not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
(i) not use the Website to collect or store personal data about others;
(j) not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(k) not to post any material that is knowingly false or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you;
(l) to be bound by the product submission policies of Supertropic, including that any product submission you may make to Supertropic will not be held in confidence by Supertropic and is not proprietary, that Supertropic may use the product submission and any aspect thereof for any purposes in Supertropic’s sole discretion; and
(m) to comply with all applicable laws regarding your use of the Website.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Supertropic’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Health and FDA Disclaimer Regarding Information Provided on the Website
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION BEFORE TAKING ANY DIETARY, NUTRITIONAL, HERBAL, OR SIMILAR SUPPLEMENT OR PRODUCT OR STARTING ANY NEW TREATMENT. YOU SHOULD CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE USING ANY SUPERTROPIC PRODUCTS, PARTICULARLY IF YOU ARE PREGNANT OR NURSING, ANTICIPATE SURGERY, ARE TAKING ANY MEDICATIONS, HAVE A KNOWN HISTORY OF MEDICAL CONDITIONS, ILLNESSES OR OTHER HEALTH CONCERNS, OR ARE OTHERWISE UNDER MEDICAL SUPERVISION.
THE STATEMENTS MADE ABOUT THE PRODUCTS, INCLUDING ANY STATEMENTS MADE ON THIS WEBSITE, HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”). THESE PRODUCTS ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASES.
Disclaimer of Warranties
EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SET FORTH OTHERWISE. EXCEPT AS SPECIFICALLY PROVIDED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPERTROPIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUPERTROPIC DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECT. SUPERTROPIC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE PRODUCTS OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPERTROPIC OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Links to Other Websites That Supertropic Does Not Control
The Website may provide links to other Websites or resources, including advertisers, over which Supertropic has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Supertropic of content, items, or services on those third-party Websites. You access, view and use such website links, including the content, items or services on those Websites, solely at your own risk. Supertropic makes no representations or warranties with respect to the content, ownership, or legality of any such linked Website. You agree that Supertropic has no responsibility or liability for the availability of such external Websites or resources, or for the content, advertising, products, or other materials available through such Websites or resources. When you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other websites.
Purchasing Items from Us
Product Representations. Supertropic reserves the right to discontinue or change at any time without notice the specifications, content, messaging, products, and other information, and prospectively change prices on products, in each case without incurring any obligation to you. Supertropic takes reasonable precautions to try to ensure that the prices quoted on the Website are correct, to ensure that the Website is complete, accurate, and current, and to describe the items available on the Website as accurately as possible and to depict the most up to date packaging. However, Supertropic does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the Website will match the actual product that you receive. If a product described on the Website is not as described when you receive it, or the packaging on the Website does not match the product you receive, you agree that your sole remedy is to return it to us in an unused and undamaged condition in accordance with our Return Policy, which is listed on the Website under Customer Service, for a refund or credit. Supertropic’s descriptions of, or references to, products not owned by Supertropic do not imply endorsement of that product, or constitute a warranty by Supertropic.
Pricing Errors and Omissions. Please be aware that prices, availability and other purchase terms are subject to change. We make every effort to ensure the accuracy of the information on the Website and to correct errors once discovered. Any product on this Website at a particular time does not imply or warrant that these products will be available at any other time. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order.
Order Placement and Acceptance. If you order a product, payment must be received by Supertropic prior to Supertropic’s acceptance of the order. Supertropic may require additional information regarding your order if you have not provided all of the information required, and may cancel or limit an order any time after it has been placed.
Your order is expressly conditioned on acceptance of this Agreement. With respect to participation in Supertropic’s auto-renewal subscriptions, you expressly agree that by submitting your initial order you accept and are agreeing to the terms of the auto-renewal offer and understand the cancellation policy. Once a properly completed order, your authorization, and a form of payment have been received, we will promptly locate the item(s) you have ordered to place them in line for shipment. All items are subject to availability. We will promptly inform you if the product(s) you have ordered are not available and we may offer you alternative product(s) of equal quality and value.
Supertropic only accepts orders for personal use. You cannot resell items offered on the Website. If Supertropic discovers that you are placing orders with the intent to resell items offered on the Website or are otherwise using or intend to use the products inappropriately or illegally, we may immediately cancel your order, suspend or terminate your account, and pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as purchasing products through the use of fake or stolen cards, Supertropic will also report you to federal, state and/or local enforcement authorities. It is your responsibility to understand and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping and Risk of Loss. Supertropic will add applicable shipping and handling fees to your order. Unless otherwise noted, Supertropic will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Although Supertropic may provide delivery or shipment timeframes or dates, you understand that those are Supertropic’s good-faith estimates and may be subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery, in which case the products will be delivered when they become available. If your order will be delayed (either from the date specified at the time of order or, if no date was specified, beyond 30 days from the date of your order, Supertropic will use reasonable good faith efforts to contact you. If Supertropic cannot contact you or you no longer wish to receive the item, Supertropic will cancel the order and promptly refund the amount tendered. Supertropic may reject orders where the stated delivery address is outside the United States.
Sales Tax. In the United States, Supertropic is required to collect applicable state and local sales tax on orders shipped to certain states. Taxes apply to most merchandise, but some states exclude certain items, like food products. Some taxing authorities also require the taxable amount to include any shipping and handling charges, while others charge sales tax only on merchandise. Supertropic is required to follow the rules of each state. Your final order total will include the appropriate state and local taxes.
Payment Information. In ordering products through the Website, you agree to provide only true, accurate, current, and complete payment information. By placing an order, you represent and warrant that you will only provide payment information which is yours or for which you are authorized to provide. Supertropic shall have the right to cancel your order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, not current, fraudulent, or incomplete payment information to Supertropic, or for any other reason that we, in our sole discretion, deem appropriate.
Electronic Communications, Signatures and Agreements
The information communicated on the Website constitutes an electronic communication. When you communicate with Supertropic through the Website or via other forms of electronic media, such as e-mail, you are communicating with Supertropic electronically. You agree that Supertropic may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that Supertropic provides to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication (e.g., by Supertropic or you).
You further acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Supertropic, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY SUPERTROPIC. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
Communications with Supertropic
To the extent permissible by applicable law, you acknowledge that telephone calls to or from Supertropic are monitored and recorded and you agree to such monitoring and recording.
You verify that any contact information provided to Supertropic, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Supertropic. You acknowledge that by voluntarily providing your telephone numbers to Supertropic, you expressly agree to be contacted at the telephone numbers you provide.
You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Supertropic relating to this Agreement, any purchase or transaction with Supertropic, matters related to your account (including debt collection), and promotions regarding Supertropic products. These communications may be made by or on behalf of Supertropic, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these calls by your telephone carrier and that Supertropic will not be responsible for these charges.
Supertropic may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing. You agree to provide Supertropic notice within 30 days of any change to your contact information by writing to 4850 Tamiami Trail N Ste. 301, Naples, FL 34103 Attention: Supertropic Customer Service or emailing support@supertropic.co. Your consent to this communications provision is not required to make any purchase with Supertropic.
Limitation of Liability
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, SUCH AS NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SUPERTROPIC, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY, “SUPERTROPIC PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE Website; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE Website; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL SUPERTROPIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID SUPERTROPIC IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).
BECAUSE SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITE, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Indemnification
Except where otherwise inapplicable or prohibited by law, including in the state of New Jersey, to the fullest extent permitted by law, you agree to indemnify and hold harmless Supertropic Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation arising out of or relating to Your Use or your breach of this Agreement.
Termination of Website
Supertropic may, in its sole discretion, and at any time, terminate or suspend its operation of the Website or your use of the Website, if Supertropic reasonably believes that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Supertropic may, in our discretion, cancel any outstanding orders for the product.
Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THIS WEBSITE, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST SUPERTROPIC, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
General
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Supertropic, or any involved third-party relating to your account, your use of the Website, your relationship with Supertropic, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Supertropic or any third-party related to your use or attempted use of the products, and any communications from Supertropic or any third party on Supertropic’s behalf. You, Supertropic, or any involved third-party may pursue a Claim. Supertropic agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Supertropic. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Tennessee on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Supertropic both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Supertropic will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Tennessee: (i) an action by Supertropic relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by Supertropic for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Tennessee, and forever waive any challenge to said courts’ jurisdiction and venue.
Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to Supertropic, Attn: Legal Department, 4850 Tamiami Trail N Ste. 301, Naples, FL 34103. Supertropic will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Supertropic or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
Commencing Arbitration
You and Supertropic agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Tennessee unless Supertropic otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules and the Arbitrator
We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Supertropic.
Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
Governing Law and Award
The arbitrator shall follow the substantive law of the State of Tennessee without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Enforceability
This provision survives termination of your account or relationship with Supertropic, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the one (1) year limitation period set forth above. This provision is the entire arbitration agreement between you and Supertropic and shall not be modified except in writing by Supertropic.
Amendments. Supertropic reserves the right to amend this arbitration provision at any time. Your continued use of any Supertropic Website, purchase of an Supertropic product, or use or attempted use of an Supertropic product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Supertropic will provide you notice. Your continued use of any Supertropic Website, purchase of an Supertropic product, or use or attempted use of an Supertropic product, after receiving such notice is affirmation of your consent to such material changes.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF AN SUPERTROPIC PRODUCT (WHICHEVER COMES FIRST) BY WRITING TO 4850 Tamiami Trail N Ste. 301, Naples, FL 34103 ATTN: GENERAL COUNSEL. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY SUPERTROPIC PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF SUPERTROPIC PRODUCTS. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Privacy
In addition to these Terms of Use and Conditions for Sale, your purchase of products through the Website is subject to the Website Privacy Policy, which is incorporated herein by reference.
Exclusive Venue for Other Controversies
Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in New York City, New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Remedies for Supertropic
Notwithstanding the arbitration agreement contained in this Agreement, in order to avoid irreparable injury to Supertropic, in the event of any breach or threatened breach by you of the provisions of this Agreement, we shall be entitled to seek an injunction and other equitable relief restraining such breach in any court of competent jurisdiction. Nothing in this Agreement shall be construed as prohibiting Supertropic from pursuing any other remedies available to it for such breach or threatened breach, including the recovery of monetary damages from you.
Trademark Notices
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of SUPERTROPIC. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of SUPERTROPIC or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of SUPERTROPIC. SUPERTROPIC prohibits the use of any SUPERTROPIC logo and Trademark as a deeplink to any website unless establishment of such link is approved in advance by SUPERTROPIC in writing.
Other Important Terms
Supertropic may assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party at our discretion.
You acknowledge and understand that if Supertropic is unable to provide the products as a result of an event outside of its control, Supertropic will not be in breach of any of its obligations to you under this Agreement.
Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Supertropic. No delay by Supertropic in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or shall affect Supertropic’s ability to subsequently exercise that right or remedy. These Terms (together with any terms incorporated by reference herein) constitute the entire agreement between you and Supertropic relating to the subject matter herein. Any waiver must be agreed to by Supertropic in writing. These Terms supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Supertropic agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New York County in New York State.
Contact Us
Questions about these Terms of Use should be sent to legal@supertropic.co.