TERMS OF USE
Please carefully review these terms of use before using this site.
This Terms of Use Agreement (the “Agreement”) sets forth the terms and conditions for your use of this web site or any related web sites (collectively the “Site”). The Site is owned and operated by SupaDiscount USA, LLC (“SupaDiscount USA”,”We”,”Us,”Our”). SupaDiscount USA provide website features and other products and services to you when you visit or shop at supadiscountusa.com, use our products or services, mobile applications, or use software provided by SupaDiscount USA in connection with any of the foregoing (collectively, “Services”). By using the Site, you agree to be legally bound by this Agreement. If you do not agree to these Site Terms of Use, you may not visit, shop, use, or access the Site or Site Services as a Site Visitor, User or otherwise and may not click to accept the Terms of Service when prompted on the Site.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes, and all changes shall be effective upon posting. Your continued use of the Site after any changes to this Agreement constitutes your agreement to be bound by any such changes. SupaDiscount USA may terminate, suspend, change, or restrict access to all or any part of the Site without notice or liability.
About SupaDiscount USA
SupaDiscount USA is an online multi-vendor marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations of the globe. Our primary goal is to connect customers to buy products at reduced prices. The actual contract for sale is directly between the seller and buyer.
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational, and you may decide to follow it or not. Also, while We may help facilitate the resolution of disputes through various programs, SupaDiscount USA has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
SupaDiscount USA may provide you with certain information as a result of your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company, and other materials which may assist in your use of the Website or Services (“Company Materials”). Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, SupaDiscount USA or its content providers grants you a non-exclusive, limited, non-transferable and revocable license to use the Company Materials solely in connection with your use of the Site and Services. The Company Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the Website or Services or at the termination of this Agreement.
Product Descriptions
SupaDiscount USA attempts to be as accurate as possible. However, SupaDiscount USA does not warrant that product descriptions or other content of any SupaDiscount USA Service is accurate, complete, reliable, current, or error-free. If a product offered by SupaDiscount USA itself is not as described, your sole remedy is to return it in unused condition.
Payment and Pricing
We are determined to provide the most accurate pricing information on the Site to Our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the website. As such, We reserve the right to refuse or cancel any order. In the event that an item is mispriced, We may, at Our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. In the event that We are unable to provide the services, We will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
The Site and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and Us.
Your purchase of any of the products on the Website is at your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
All purchases of physical items from SupaDiscount USA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Our delivery to the carrier.
Your Account
You may need to create an account with us to use certain SupaDiscount USA Services. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name, phone number, shop name and shop URL if you are registering as a vendor. You are responsible for ensuring the accuracy of the information you provide. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms. This identifying information will enable you to use the Website and Services. You are responsible for keeping Us apprised of any changes to your identifying information.
Eligibility. You must be of 18 years of age or the legal age of majority in your state of residence. Minors under 18 and at least 13 years of age are only permitted to use Our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use SupaDiscount USA or the Services. You are responsible for any and all account activity conducted by a minor on your account.
Alcohol listings on the Site are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol.
Account Obligations. You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
Secure Your Account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
Termination. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and SupaDiscount USA. SupaDiscount USA reserves the right to refuse service, terminate accounts, terminate your rights to use SupaDiscount USA Services, remove or edit content, or cancel orders in its sole discretion.
Your Content and Intellectual Property
We do not claim any intellectual property rights over the Materials you provide (“Your Content”) to the SupaDiscount USA service. All Materials you upload like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc. remains yours.
SupaDiscount USA have great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact Us. If Your Content is alleged to infringe another person’s intellectual property, We will take appropriate action, such as disabling it if We receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of Our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
By posting Your Content, you grant SupaDiscount USA a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote SupaDiscount USA, your SupaDiscount USA store, or the Services in general, in any formats and through any channels, including across any SupaDiscount USA Services, Our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize Our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your store; (b) to allow SupaDiscount USA to store, and in the case of Materials you post publicly, display, your Materials; and (c) that SupaDiscount USA can, at any time, review all the Materials submitted to its Service, although SupaDiscount USA is not obligated to do so.
You retain ownership over all Materials that you upload to an SupaDiscount USA store; however, by making your store public, you agree to allow others to view Materials that you post publicly to your store. You are responsible for compliance of the Materials with any applicable laws or regulations.
We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing Our services. Your Confidential Information includes any Materials or information provided by you to Us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after We received it through no fault of Ours; (c) We received from someone other than you without breach of Our or their confidentiality obligations; or (d) We are required by law to disclose.
You can remove your SupaDiscount USA store at any time by deleting your Account.
We grant You a limited, non-exclusive, non-transferable, and revocable license to use Our Services. You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
You agree not to reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services.
You agree not to violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
SupaDiscount USA makes no claims concerning whether the Content may be downloaded or is appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
Force Majeure. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
Termination
Termination by You. We’d hate to see you go, but you may terminate your account with Us at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination and you’ll still have to pay any outstanding bills.
Termination by Us. We may terminate or suspend your account (and any related accounts) and your access to the Services at Our discretion, at any time, for any reason, and without advance notice. If We do so, it’s important to understand that you don’t have a contractual or legal right to continue to use Our Services, for example, to sell or buy on Our websites or mobile apps. SupaDiscount USA may refuse service to anyone, at any time, for any reason.
If you or SupaDiscount USA terminate your account, you may lose any information associated with your account, including Your Content.
Modification of Service. We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Return Policy
Each seller on SupaDiscount USA is responsible for their own policies regarding refunds, exchanges, and returns. Policies vary from shop to shop. If you’re unsatisfied with an order, you may be able to request a refund for your order depending on the shop’s policies.
Before purchasing, review the shop’s Returns & exchanges policy. Specific questions about a shop’s policies are best answered by the seller.
Privacy
We know your personal information is important to you, so it’s important to Us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that We can process your information in the ways set out in the Privacy Policy, so please read it here.
Both SupaDiscount USA and sellers process members’ personal information (for example, buyer name, email address, and shipping address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not SupaDiscount USA, will be responsible for that unauthorized disclosure.
Electronic Communications
When you use SupaDiscount USA Services, or send e-mails, text messages, and other communications from your desktop or mobile device to Us, you may be communicating with Us electronically. You consent to receive communications from Us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other SupaDiscount USA Services, such as Our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright complaints
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the “Digital Millennium Copyright Act”) to the SupaDiscount USA designated agent. Notification should include:
SupaDiscount USA’s agent for notification of claimed copyright infringement is:
SupaDiscount USA, LLC
Attorney
admin@supadiscountusa.com
+1(770) 480-5809
Attention: General Counsel.
Warranties and Limitation of Liability
You understand that SupaDiscount USA does not manufacture, store, or inspect any of the items sold through Our Services. We provide the venue; the items in Our marketplaces are produced, listed, and sold directly by independent sellers, so SupaDiscount USA cannot and does not make any representations or warranties of any kind, express or implied about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release SupaDiscount USA from any claims related to items sold through Our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
You may come across materials that you find offensive or inappropriate while using Our Services. We make no representations concerning any content posted by users through the Services. SupaDiscount USA is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release Us from all liability relating to that content.
Our Services may contain links to third-party websites or services that We don’t own or control (for example, links to Facebook, and Twitter). You may also need to use a third party’s product or service in order to use some of Our Services (like a compatible mobile device to use Our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. SupaDiscount USA is not a party to those agreements; they are solely between you and the third party.
We are dedicated to making Our services the best they can be, but we’re not perfect and sometimes things can go wrong. Our services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Site are provided by SupaDiscount USA on an “as is” and “as available” basis, unless otherwise specified in writing. SupaDiscount USA makes no representations or warranties of any kind, express or implied, as to the operation of the SupaDiscount USA services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the SupaDiscount USA services, unless otherwise specified in writing. You expressly agree that your use of the SupaDiscount USA services is at your sole risk.
To the extent legally permitted, SupaDiscount USA expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of supadiscountusa.com even if you advise Us or We could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if We are found to be liable, Our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50).
Indemnity
You will indemnify and hold Us (and Our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Links to third-party sites
The Site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). Caliber Home Loans cannot control and has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those web sites, and not by this agreement. Links to third-party sites do not constitute an endorsement by Caliber Home Loans of such sites or the content, products, advertising or other materials presented on such sites, but are provided for your convenience and you access them at your own risk. We are not responsible for the content of any third- party web sites, nor do We make any warranties or representations, express or implied, regarding the content (or the accuracy of such content) on any third-party web sites, and the Caliber Home Loans Parties shall have no liability of any nature whatsoever for any failure of products or services offered or advertised at such sites or otherwise.
Sanctions and Export Policy
You may not use any SupaDiscount USA Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using SupaDiscount USA Services. You must comply with all U.S. or other export and re-export restrictions that may apply to products and services.
Personal Information
By using Our Site and Services, you agree to the collection, transfer, retention and use of your personal information by SupaDiscount USA as described in the SupaDiscount USA privacy policy.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
Governing Law. The Terms are governed by the laws of the State of Georgia, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from SupaDiscount USA. For any dispute with SupaDiscount USA, you agree to first contact Us at admin@supadiscountusa.com and attempt to resolve the dispute with Us informally in good faith. In the unlikely event that SupaDiscount USA has not been able to resolve a dispute it has with you after sixty (60) days, you and SupaDiscount USA agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Georgia. You agree that Atlanta, Georgia is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in this section is found to be unenforceable.
Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and AssureServe are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
General
These terms and the other policies posted on supadiscountusa.com constitute the entire agreement between SupaDiscount USA and you, superseding any conflicting parts of any prior agreements. If We do not enforce any particular provision, we are not waiving Our right to do so later. If a court strikes any of these terms, the remaining terms will survive. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement. We will send notices to you via the email address that you provide, or by registered mail to the address you provide. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update these terms at any time, with updates taking effect 30 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by users, and by Us.
Contact Us
help@supadiscountusa.com
Phone: +17704805809
Effective as of 09/01/ 2020
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