Legal Usage and Terms & Conditions
Last updated on September 11, 2020
Thank you for visiting the Superior Group of Companies, Inc. (“SGC”) website (the “Site”). This page provides our respective rights and obligations with respect to the use of the Site (the “Agreement”). Please refer to our Privacy Policy for a description of our privacy policies and practices. We reserve the right to modify this Agreement. Accordingly, please review this page often. This Site and related services are provided subject to these Terms and Conditions. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages within this Site. Please read the following information carefully. Your continued use of this Site will indicate your agreement to be bound by the terms and conditions set forth below. If you do not agree to these terms and conditions, promptly exit this Site. All references to “SGC” in this Agreement shall also be meant to refer to and include SGC’s subsidiaries, affiliates, divisions, and brands.
Contents
Restrictions on Use and Ownership
All pages within this Site and any material made available for download are the property of SGC and/or its affiliates or licensees. SGC grants you a nonexclusive license to use the Site solely for your personal and job related commercial use. As a condition of your use of this Site, you warrant to SGC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
The contents of the Site, including the text and images, are copyrighted and may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of SGC. SGC customers are granted a personal, nontransferable, non-exclusive, revocable license to copy images from the Site for the purposes of only internal distribution and evaluating the purchase or possible purchase of products from SGC. Notwithstanding the foregoing, no images or any content from the Site may be used by or for any competitors of SGC, and may not be used in any manner competitive with or potentially detrimental to SGC, or that may result in lost sales to SGC. All uses of such images must clearly identify that the images are owned by SGC, and the products depicted therein are products offered for sale by SGC. The foregoing license may be revoked by SGC at any time upon written notice to the customer.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by SGC and/or its vendors and licensors.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users, if any.
Accessing Website and Account Security
You are responsible for both:
- Making all arrangements necessary for you to have access to the Site.
- Ensuring that all persons who access the Site through your internet connection are aware of these Terms and Conditions and comply with them.
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
User Contributions
The 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 or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates, divisions, and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not SGC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for SGC.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS SGC AND ITS AFFILIATES, DIVISIONS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SGC/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SGC/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot/do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Online Purchases and Other Terms and Conditions
All purchases through our Site or other transactions for the sale of goods, services, or information formed through the Site, or resulting from visits made by you, are governed by any terms of sale which are hereby incorporated into these Terms and Conditions.
Additional terms may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms and Conditions.
Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Site:
- 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, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate SGC, a SGC employee, another user, or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing.
- To engage in any other conduct that restricts or inhibits anyones use or enjoyment of the Website, or which, as determined by us, may harm the SGC or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other partys use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- 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 Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
Intellectual Property Rights Notice
The SGC name, SGC logo, and certain other icons, logos, and descriptions on the Site are trademarks and service marks of SGC and/or its subsidiaries or affiliates. Other trademarks, service marks, icons, logos, and descriptions used in this Site are the trademarks, service marks, or logos of their respective owners.
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 SGC, its 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.
You must not use the aforementioned intellectual property without the prior written permission of SGC.
Warranty Disclaimer
SGC does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your 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, WE 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 YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SGC OR SGC’S AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
Limitation of Liability
SGC AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD-PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND PRODUCTS, CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. ADDITIONALLY, SGC’S MAXIMUM LIABILITY TO YOU IN CONNECTION WITH YOUR USE OF THE SITE WILL BE $100. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Accuracy and Integrity of Information
Although SGC attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site contains typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third-parties. In the event that an inaccuracy arises, please inform SGC so that it can be corrected. Information contained on the Site may be changed or updated without notice.
Your License to Us
Unless otherwise indicated in this Site or in connection with one of our services, any communications or material of any kind that you e-mail, post, or transmit through the Site, including, questions, comments, suggestions, and other data and information (your "Communications") will be treated as non-confidential and non-proprietary. You grant SGC a non-exclusive, perpetual, world-wide, irrevocable license to reproduce, transmit, display, disclose, and otherwise use your Communications on the Site or elsewhere for our business purposes. We are free to use any ideas, concepts, techniques, or know-how in your Communications for any purpose, including, but not limited to, the development and use of products and services based on your Communications.
Investor Information – Forward-Looking Statements
This Site contains information for investors, which may include forward-looking statements about SGC and the industry and markets in which SGC operates. These statements are within Section 27A of the Securities Act of 1933, the Private Securities and Litigation Reform Act of 1995, and Section 21E of the Exchange Act of 1934. These statements can be identified by our use of words such as “expects,” “anticipates,” “intends,” “plans,” “believes,” “seeks,” “estimates,” “should,” “could” and similar expressions. All forward-looking statements are subject to risks and uncertainties, including without limitation, those identified in SGC’s SEC filings, which could cause actual results to differ from those projected. These forward-looking statements reflect our current expectations, but they are not guarantees of performance. They are based on assumptions and are subject to risks, uncertainties, and other factors. Forward-looking statements speak only as of the date made; SGC is not obligated to update them. We caution users of our Site not to rely on the forward-looking statements.
Links or Pointers to Other Sites
SGC makes no representations whatsoever about any other website that you may access through this Site. When you access a non-SGC site, please understand that it is independent from SGC, and that SGC has no control over the content on that website. In addition, a hyperlink to a non-SGC website does not mean that SGC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk.
If you link to our homepage, then you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Online Payments
You can purchase products and/or services on the Site. We accept credit cards issued by U.S. banks. If a credit card account is being used for a transaction, SGC may obtain pre-approval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process.
You represent and warrant that if you are making online payments (i) all credit card information you supply is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including all applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received, we shall have the right to refuse or cancel any orders placed for product/service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card already has been charged for the purchase and your order is canceled, we shall issue a credit to your credit or debit card account in the amount of the incorrect price as soon as possible.
Indemnification
You agree to defend, indemnify, and hold harmless SGC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions, Privacy Policy, or your use of the Site, including, but not limited to, your user contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.
Choice of Law; Arbitration
These Terms and Conditions are entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida exclusive of its choice of law rules. Any dispute, controversy or claim arising under, out of, in connection with or in relation to the Site or these Terms and Conditions will be resolved by final and binding arbitration conducted in accordance with and subject to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then applicable. One arbitrator will be selected by the parties’ mutual agreement or, failing that, by the AAA, and the arbitrator will allow such discovery as is appropriate and consistent with the purposes of arbitration in accomplishing fair, speedy, and cost effective resolution of disputes. The arbitration will take place in Pinellas County, Florida. Any award entered by the arbitrator(s) shall be final and judgment thereon may be entered in any court having jurisdiction. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys’ fees (including the cost of in-house counsel). In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
Force Majeure
SGC shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, terrorism, shortages, cyber- attack, telecommunications or Internet outages, or any other circumstances or causes beyond the control of SGC in the conduct of its business.
Entire Agreement
Except as provided below, these Terms and Conditions constitute the entire agreement between SGC and you pertaining to the subject matter hereof. In its sole discretion, and without prior notice, SGC may from time-to-time revise these Terms and Conditions by updating this posting. All changes are effective immediately when we post them. You should, therefore, periodically visit this page to review the current Terms and Conditions so that you are aware of any such revisions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
