These terms of use are an agreement (this “Agreement”) between LPC Naturals LLC. (“LPC Naturals”) and each user (a “User”) of www.primesuperior.com (the “Site”) governing User’s use of the Site, regardless of the device used by User for accessing the Site (including, but not limited to, a mobile device).

These Terms of Use are effective January 1, 2021. The services and products are offered and available to users who 18 years of age or older. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Site.

The following terms and conditions, together with any documents they expressly incorporate by reference collectively, these “Terms of Use”), govern your access to and use of the Site to which these Terms of Use are linked, including any content, functionality, and services offered on or through this domain. These Terms of Use are entered into by and between you and us and form a binding legal agreement.

Acceptance of these Conditions of Use

Please read these Terms of Use carefully before you start to use or access this Site. The Site is provided upon the absolute condition of your full and complete acceptance of these Terms of Use in their entirety. You acknowledge that but for your full and complete acceptance of these Terms of Use, we would not make the Site available to you. You acknowledge that by (i) clicking to submit information or initiate an action through the Site, (ii) clicking to accept or agree to these Terms of Use, or (iii) otherwise using or accessing the Site, in each situation where these Terms of Use are linked, you accept and agree to be bound and abide by these Terms of Use, which is a binding legal agreement between you and us regarding your use and all claims arising out of or related to the Site to which these Terms of Use are linked. If you do not want to agree to these Terms of Use, you must not access or use the Site.

Changes to these Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Online Services thereafter. Your continued use of the Online Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page as necessary so you are aware of any changes, as they are binding on you as a legal agreement between you and us.

Intellectual Property Rights

The Site and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by LPC Naturals, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Trademarks

As between User and LPC Naturals, we own all names, logos, product and service names, designs, slogans, and trademarks appearing on Site, except where noted. User must not use such marks without LPC Naturals’ prior written permission.

User Contributions

Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on Site.

All User Contributions must comply with the provisions under the section entitle “Content Standards” set out in these Terms of Use. Any User Contribution posted to Site will be considered non-confidential and non-proprietary. By providing any User Contribution on Site, you grant LPC Naturals and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

User represents and warrants that: (i) User owns or controls all rights in and to the User Contributions and have the right to grant the license granted above to LPC Naturals and our affiliates and service providers, and each of our respective licensees, successors, and assigns, and (ii) All of your User Contributions do and will comply with these Conditions of Use.

User understands and acknowledges that User is responsible for any User Contributions submitted or contributed, and User, not LPC Naturals, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. LPC Naturals is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by User on the Site.

Reliance on Information Posted

The information presented on Site is made available solely for general information purposes. LPC Naturals do not warrant the accuracy, completeness, or usefulness of this information. Any reliance User places on such information is strictly at Users own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by User or any other visitor to o Site, or by anyone who may be informed of any of its contents.

The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by LPC Naturals, is solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect LPC Naturals’ opinion. LPC Naturals is not responsible, or liable to User or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to Site

LPC Naturals may update the content on the Site from time to time, but the Site is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Terms of Sale and Supplemental Terms

All purchases through the Site or other transactions for the sale of goods or services, or information formed through the Site, or resulting from visits made by you, are governed by the Terms of Sale, which are hereby incorporated by reference into these Terms of Use.

Links from the Online Services

If the Site contains links to other sites and resources provided by third parties, these links are provided for User’s convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. LPC Naturals have no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Site, User does so entirely at User’s own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

Users understand that LPC Naturals cannot and does not guarantee or warrant that files available for downloading from the internet or Site will be free of viruses or other destructive code. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

To the fullest extent provided by law, LPC Naturals will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect User’s computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site.

User’s use of the Site, its content, and any services or items obtained through the Site is at User’s own risk. The Site, its content, and any services or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither LPC Naturals nor any person associated with the LPC Naturals makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither LPC Naturals nor anyone associated with LPC Naturals represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Site or the server that makes it available are free of viruses or other harmful components, or that the Site or any services or items obtained through the Site will otherwise meet User’s needs or expectations.

To the fullest extent provided by law, LPC Naturals hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will LPC Naturals, its affiliates, or any of its or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with Users use, or inability to use, the Site, any websites linked to Site, or any content on the Site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

Used agrees to defend, indemnify, and hold LPC Naturals, and our affiliates, licensors, and service providers, and each of LPC Naturals’ and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to User’s violation of these Terms of Use or your use of the Site, including, but not limited to User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or User’s use of any information obtained from the Site.

Governing Law and Jurisdiction

This is a binding legal agreement between User and LPC Naturals, and it may not be altered, supplemented, or amended by any other document, except an amendment signed by User and LPC Natural authorized representative. All matters relating to the Site and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that may provide the application of the law of another jurisdiction. For all disputes not otherwise subject to arbitration in accordance with these Terms of Use, User agrees to submit to the exclusive personal jurisdiction of the state and federal courts in or for Erie County, New York, for the purpose of litigating all such claims or disputes, which courts shall also be the exclusive venue for the litigation such claims and disputes, although for such claims not covered by binding arbitration we retain the right to bring any suit, action, or proceeding against User for breach of these Terms of Use in User’s country of residence or any other relevant country. User waives any and all objections to the exercise of jurisdiction over User by such courts and to venue in such courts.

Arbitration and Class Action Waiver

Please read this section carefully. User agrees that User and LPC Naturals LLC are each waiving the right to a trial by jury or to participate in a class or representative action. Follow the instructions below if you wish to opt out of the requirement of arbitration on an individual basis.

User and LPC Naturals agree to resolve any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to the site or otherwise arising between User and LPC Naturals or our affiliates and each of our and their directors, officers, employees, and contractors exclusively by binding arbitration. Further, you agree arbitration is final and binding, and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, to the fullest extent allowed by law.

This provision is intended to be interpreted broadly to encompass all disputes or claims between User and LPC Naturals or our affiliates and each of our and their directors, officers, employees, and contractors, including those arising out of or relating to these Terms of Use. Any dispute or claim made by User against us or our affiliates and each of our and their directors, officers, employees, and contractors, or vice versa arising out of or relating to these Terms of Use (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such a court.

User must first present any claim or dispute to us by contacting LPC Naturals to allow it an opportunity to resolve the dispute. User may request arbitration if your claim or dispute cannot be resolved within sixty (60) days after presenting the claim or dispute to LPC Naturals. LPC Naturals may request arbitration against you at any time after it has notified User of a claim or dispute. The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by these Terms of Use. The place of any arbitration shall be exclusively Erie County, New York, USA, and shall be conducted in the English language; provided, however, User may request that any or all proceedings within the arbitration be conducted by phone or written submission.

Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief; except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

Any arbitration shall be confidential, and neither User, nor LPC Naturals nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. There shall be no right or authority for any claims subject to the arbitration clause to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

LPC Naturals will pay all administrative filing fees for any arbitration that it initiates. All other administration filing fees will be divided between User and LPC Naturals according to the then-current applicable rules of the American Arbitration Association. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. LPC Naturals will not seek to recover attorneys’ fees from User for any claims filed in arbitration that are not frivolous.

If User does not wish to be bound by arbitration and waive User’s rights to participate in a class-action, User must notify LPC Naturals in writing by certified United States mail within thirty (30) days of the date that you first access the Site after the effective date of these Terms of Use and include: (i) your name, (ii) your account number or user name, if any, (iii) your mailing address, (iv) the original purchase receipt showing the product name and date of purchase used in connection with the Site, if any, and (v) a statement that you do not wish to resolve disputes with LPC Naturals through arbitration. You must send your notice to: Attn: Legal Department, LPC Naturals LLC, 8545 Main Street, Williamsville, New York 14221. If User does not notify LPC Naturals within the time and method provided, User agrees to be bound by the arbitration and class-action waiver provisions of these Terms of Use.

The requirement of arbitration does not apply to actions for injunctive or other equitable relief to protect confidential information and intellectual property rights or to prevent loss of data or damage to Site or servers in any court of competent jurisdiction.

Limitation on Time to File Claims

User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising between User and LPC Naturals including those that arise out of or are related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver and Severability

No waiver by LPC Naturals of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LPC Naturals to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, together with any applicable Terms of Sale, and any applicable Supplemental Terms constitute the sole and entire agreement between User and LPC Naturals and our affiliates regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

How to Contact

User may contact LPC Naturals regarding these Terms of Use by phone at 716-529-6333 or mail Attn: Legal Department, LPC Naturals LLC, 8545 Main Street, Williamsville, New York 14221.

Telephone communications with LPC Naturals, including calls with any of our agents or independent contractors, may be monitored and/or recorded. User expressly consents, on behalf of User and other users of your phone number, to being monitored or recorded. By providing LPC Naturals with a phone number (including mobile) as User’s contact number, User expressly authorizes LPC Naturals to contact User for non-telemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.