This Website is operated by Suan Farma, Inc. (“Suan Farma” “we” or “us”). This Website allows you to: (a) view information and data about our dietary ingredients that we produce, market, distribute and sell to businesses to incorporate into their end products, (b) place orders for our dietary ingredients, (d) establish an account for your business to facilitate future orders with us, (e) check the status of your orders, and (f) view all policies applicable to your transactions with us (shipping policies, product information, return polices, and related matters).
YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE RISK. When you use this Website, you represent that: (a) as applicable, you will update your contact information if it changes so that we can contact you; (b) your use of this Website and your use of services available on this Website do not violate any applicable law or regulation, including, but not limited to, United States export control and economic sanctions requirements; and (c) you are 18 years of age or older, and have the authority to bind your business .
Not Intended for Children Under the Age of 18
Our products and services are for commercial use (B2B). Our Website, product and services are not intended for children under eighteen (18) years of age, and you must be of the age of majority in your jurisdiction to form a contract for the purchase of product with us. The Website, our product and the services, content, information and programs provided or made available on and/or through the Website may not be accessed or used by any individuals that are not at least 18 years of age. No one under age 18 may provide any information to or through the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at [email protected].
INDEMNITY AND LIMITATIONS OF DAMAGES
To the fullest extent allowed by law, you agree to indemnify, defend and hold harmless Suan Farma, its subsidiaries and affiliates, and its and their respective officers, directors, shareholders, members, managers, employees, agents, licensors, suppliers and any third party information providers to the Website against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website violates these Terms, any applicable law or regulation, or the rights of any third party.
TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL SUAN FARMA, ITS PARENT, SUBSIDIARIES, AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY ENTITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE, EVEN IF SUAN FARMA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, SUAN FARMA’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, SHALL NOT EXCEED FIFTY DOLLARS (USD $50).
Subject to the criteria provided above (including without limitation, that you accept these terms and you are 18 years or older), any person is hereby authorized to view the information available on the Website for informational purposes only. The text and images resident on this Website, however, may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of Suan Farma. Please direct any inquiries related to use of the materials on this Website to: [email protected]. Please provide a cover letter explaining your proposed use.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you agree not to use the Website or any device, including a compromised device, to intentionally or unintentionally access the Website for any unlawful purpose, or any other purpose prohibited by law or these Terms, our Privacy Statement, and notices. You may not use this Website in any manner that could be damaging to, disable, overburden, crash, or impair any Suan Farma server, networks connected to any Suan Farma server, or interfere with any other party’s use and enjoyment of the Website or any of its services. You may not attempt to gain unauthorized access to any portion of the Suan Farma Website, its services, other accounts, computer systems, or any network connected to any Suan Farma server, through hacking, password “mining”, or any other means.
Without limiting the foregoing, you agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
LINKING TO THE WEBSITE
If you link to Suan Farma’s Website, you agree that you:
- Will not replicate any Suan Farma Website content;
- Will not frame or otherwise create a browser or border environment around Suan Farma Website content
- Will not imply that Suan Farma is endorsing you, your company or business, your website or its contents, your products, or your services;
- Will not misrepresent your or your website’s relationship with Suan Farma;
- Will not present false, misleading or inaccurate information about Suan Farma, Suan Farma’s products or services, or any of Suan Farma’s affiliates or their products or services;
- Will not disparage Suan Farma, Suan Farma’s products or services, or any of Suan Farma’s affiliates or their products or services;
- Will not use Suan Farma’s trademarks, logos or copyrighted materials without first receiving express prior written permission from Suan Farma.
- Will not include content on your Website that is or could be construed as illegal, distasteful, offensive, or controversial and will include on your Website only content that is appropriate for all age groups;
- Will not link to an internal page of this Website that is located one or several levels down from the home page or bring up or present content of this Website on another Website without Suan Farma’s prior written permission.
Suan Farma grants you a non-exclusive, revocable, non-transferable, limited right to access, use and display this Website and the materials thereon; provided, however, that you comply with these Terms. You agree not to disrupt, interrupt or attempt to interrupt the operation of the Website in any way. You agree not to change or delete any proprietary notice from materials downloaded from the Website. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Website and to prevent any unauthorized copying of the materials and information contained on this Website. Except as expressly provided herein, Suan Farma does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information, all of which are expressly reserved.
USE AND PROTECTION OF ACCOUNT INFORMATION AND PASSWORD
Access to and use of certain areas of this Website is restricted to authorized users only. By registering for such areas of this Website, you agree to provide true, accurate, current and complete information about yourself. Please see our Privacy Statement https://nutrasmallpacks.com/content/3-privacy-policy for more information about how we use the information you provide to us. You are responsible for maintaining the confidentiality of your account number and password, if applicable. We strongly encourage you to not use the password for this Website for any other site or account, and in no event should you use a password for this Website that you use for your personal accounts. You are responsible for all statements made, acts or omissions that occur, and uses of your account, whether or not actually or expressly authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, please notify us immediately. We may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Website, have been made by you unless we receive notice indicating otherwise.
SUAN FARMA CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS WEBSITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE.
THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH MATERIALS AND INFORMATION MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. SUAN FARMA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE. NO CONTRACTUAL RIGHTS ARE ESTABLISHED OR SHOULD BE INFERRED BECAUSE OF YOUR RELIANCE ON THE MATERIALS AND INFORMATION CONTAINED ON THIS WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SUAN FARMA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. SUAN FARMA MAY MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY TIME WITHOUT NOTICE.
THIS WEBSITE AND THE INFORMATION AND MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND SUAN FARMA DOES NOT MAKE – AND SPECIFICALLY DISCLAIMS - ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT, INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE WEBSITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE AND SUAN FARMA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY THEREFROM. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD PARTY SITES
The trademarks, trade names, logos, service marks, trade dress and products (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Suan Farma and others. The trademarks, trade names, logos, service marks, trade dress and products in this Website are protected in the United States and internationally. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Suan Farma or such third party that may own the Trademarks displayed on the Website. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms, is strictly prohibited. You are also advised that Suan Farma will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. The materials of this Website are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to Suan Farma. All content of this Website is owned or controlled by Suan Farma. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Website, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of Suan Farma. Suan Farma maintains this Website for your and your company’s information, product and service education, purchase order processing and communication.. You may download material displayed on the Website for your noncommercial use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without Suan Farma’s prior written consent.
TERM AND SURVIVAL
These Terms shall remain in full force and effect while you use this Website and apply to your use of any content that you download or copy from this Website. Upon termination of your or your company account for any reasons, we will close your account, and you will no longer be able to retrieve materials contained in the account. Even after your use and participation is terminated, these Terms will remain in effect. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the termination or expiration of these Terms.
GOVERNING LAW; DISPUTE RESOLUTION
This Website is operated and administered from within the United States of America (“U.S.”). Use of this Website shall be governed by all applicable Federal laws of the U.S. and the laws of the State of New Jersey, without giving effect to its conflict of laws provisions. For matters that are not resolved by arbitration, as provided herein below, or for the enforcement of any arbitration award, you agree to submit to the jurisdiction of the courts located in the State of New Jersey.
You and Suan Farma agree to arbitrate all disputes, except disputes related to the enforcement of Suan Farma’s intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and Suan Farma concerning these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
In the event of a Dispute, you or Suan Farma must send to the other party a notice of dispute (“Notice of Dispute”), which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute and the relief requested. You must send any Notice of Dispute to the Suan Farma address set forth above. Suan Farma will send any Notice of Dispute to you at the contact information that Suan Farma may have for you.
YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Suan Farma will seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another with the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
FOR ANY ACTIONS NOT SUBJECT TO ARBITRATION, YOU AND Suan Farma AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MORRIS COUNTY, NEW JERSEY. YOU AND Suan Farma FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF NEW JERSEY (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.
- These Terms, together with our Privacy Statement, constitute the entire agreement between you and Suan Farma regarding the use of this Website and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
- When you place orders through this Website, these Terms, and the other applicable terms, including our Terms of Sale, Limited Product Warranty, Return Policy, Shipping Policy and Payment Terms all form part of your Agreement with Us regarding your purchases.
- Suan Farma shall be excused from performance under these Terms to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) pandemics, government orders, quarantines or embargoes; (d) labor strikes, or (e) other causes beyond Suan Farma’s reasonable control. While we use reasonable measures to prevent security incidents, we cannot guaranty that this Website will not be impacted by a third party’s unauthorized access or disruption of this Website.
- These Terms are between you and Suan Farma. There are no third-party beneficiaries to these Terms. Suan Farma’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- You may not assign your rights under these Terms to any third party; Suan Farma may assign its rights under these Terms without condition.
ENTIRE AGREEMENT; LIMITATION ON COMMENCEMENT OF ACTIONS
These Terms constitute the entire agreement between Suan Farma and you (the “Agreement”) with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
©2022 Suan Farma, Inc. All rights reserved. Suan Farma Corporation Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by Suan Farma Corporation (“ Suan Farma”), and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web Website may be Suan Farma Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of Suan Farma.