TERMS and CONDITIONS
These Terms and Conditions ("Terms") are attached to and incorporated into the USA Supreme Technology Agreement ("The Agreement") between USA Supreme Technology and the Distributor. USA Supreme Technology currently offers Distributor Business and Consumer Certifications, Each Certification is sub-scribed separately. The terms and conditions are described concurrently below. Each term and condition will apply to both the Consumer and Business Certification. The concurrent stating of terms and conditions does not grant to you both Certifications unless you have subscribed to and paid for each. Your original invoice will state whether you have subscribed to one or both of the Certifications. USA Supreme Technology makes use of Electronic Signatures to facilitate expediency in moving forward on your behalf. As regards E-Signatures: On June 30, 2000 Congress enacted the "Electronic Signatures in Global and National Commerce Act" ("ESIGN" or "the ACT") to facilitate the use of electronic records and signatures in interstate and foreign commerce by ensuring the validity and legal effect of contracts entered into electronically. The "U.S. Federal E-SIGN Act" of 2000 gives the same legal protection to online signing as to traditional pen-and-paper signing and has been upheld and validated by the U.S. Federal Courts. Canada, Mexico, and the United Kingdom have all enacted similar policies and regulations that coincide with the U.S. E-Sign framework.
1. DEFINITIONS. In this Agreement the words "we", "us", and "our" means USA Supreme Technology "You", "your", and 'yours" mean any person who is entering into business as a Distributor marketing all ser-vices, products, software, maintenance, and installation provided by USA Supreme Technology. These words also refer to anyone you have authorized to assist or direct marketing services of your business on your behalf. "Certification" means your "Membership" in our Distributor's Program. You agree to be responsible for any purchases, applications, or inquiries made by you or any persons authorized by you under your Certification. "Customer" means the end-user of any services, products, software, maintenance, and installation marketed by you and supplied by us. "Products" means any services, products, software, maintenance and installation marketed by you and supplied by us. "Distributor Agreement" means "your original invoice / Terms and Conditions". "Software" means programs designed to run on a computer as well as certain elements of your website.
2. ACCEPTANCE. All products, software, services, installation, and maintenance provided by us shall be subject to the terms and conditions of this Agreement. We shall not be bound by additional or different terms and conditions in your purchase order or elsewhere unless expressly agreed to in writing by an officer of our company. Your acceptance of this agreement is indicated by the Return Authorization Form bearing your signature or electronic signature or that of an official of your company or your verbal acceptance at the time of purchase. DEFAULT ACCEPTANCE: If we do not receive your signed authorization form or verbal acceptance or a written statement declining the acceptance of the terms and conditions herein and a request for a refund within thirty calendar days from the date of purchase, you acknowledge that you accept the terms and conditions as stated in this agreement and all provisions of your purchase.
3. CERTIFICATION. This agreement permits you Certification in our Distributor's program. You agree with the acceptance of your Certification to communicate regularly with the staff that is provided to you to enhance your marketing success. You also agree to abide by all Certification rules and regulations set forth in Certification documentation. Your annual renewal date is set forth in the Distributor Agreement. We may change the Certification rules and regulations at any time to reflect legal changes or if they are found to be out of compliance with good business practices or government regulations.
4. COMPENSATION. You shall be compensated for any products that you are authorized to market on our behalf. Compensation will be according to the Commission Payment Schedule on page 11 of the Distributor Guide. Compensation will be provided by delivery to your designated address. We reserve the right to modify or alter the Distributor Schedule as is necessary from time to time.
5. Pricing-MAP (minimum advertised price): As a condition of all rights and/or benefits afforded through Authorized Distributorship, you agree to adhere strictly to MAP for any product distributed by or through USA Supreme Technology. Such MAP shall be defined as any product price listed on any current publication, printed or electronic, as authored and authorized by USA Supreme Technology, posted on www.usasupremetech.com, or posted and/or uploaded to your assigned Authorized Distributor Website. Any pricing publication through any form, method, or media, other than that directly listed and/or authorized by USA Supreme Technology shall be grounds for revocation of all rights and benefits afforded to any Authorized Distributor. This MAP policy shall not govern any non-published rate or price negotiated either by USA Supreme Technology on behalf of an Authorized Distributor, or any rate or price negotiated directly by the respective Authorized Distributor with any respective customer or prospect.
6. ACCOUNT PROTECTION POLICY. Any sale to any individual, organization, governmental facility, or educational institution facilitated by USA Supreme Technology, must reference an account number corres-ponding to that assigned to an Authorized Distributor. While such sales may originate from website referrals, marketing materials, email campaigns, direct mail, or direct or indirect distributor referral, this provision also applies to sales made through direct outbound marketing efforts by USA Supreme Technology personnel. Direct product sales shall be made only in the establishment of a new distribution account. No distribution account shall be established via any response to product marketing efforts conducted by individual distributors or by USA Supreme Technology's targeted marketing campaigns.
TERRITORIAL EXCLUSIVITY. While USA Supreme Technology has no provision in its charter for the assignation of geographic territorial exclusivity within the United States and Canada, exclusive account distribution rights are granted to an Authorized Distributor under the following conditions: (1. Any wholesale, retail, government, corporate, or educational sale referencing an Authorized Distributor account number shall be tentatively assigned exclusive account status to the respective distributor. (2. No other Authorized Distributor shall be allowed to sell or promote products distributed by USA Supreme Technology to this account for a thirty day period. (3. Barring any returns or sales cancellations, this account will be permanently assigned to the respective distributor. This distributor shall hold exclusive distribution rights over said account for the duration of distributor's Authorized Distributor Status with USA Supreme Technology.
7. ADVERTISING. Advertising under this Agreement may be conducted in any manner ac-ceptable by law provided it is done under your business name. Any advertising that uses our name or logo must be approved by us prior to publication. Failure to have us approve advertising prior to its use in any literature, signage, business cards, or other medium may be cause for immediate termination of this agreement. Advertising may not be misleading or suggest features that do not exist.
8. USE OF TRADEMARK. Under this Agreement, you are a Distributor engaged in the mar-keting of the products and services supplied by us or our affiliates. You may use our name, trademark, or other reference to us in any advertising material, marketing, literature, or other communication to potential customers. You may also use the logo that represents the product or service. You may also use your own business name, Web site name or other reference to yourself in any literature, marketing material or other communication to potential customers.
9. CUSTOMER PURCHASE AND SERVICE OF PRODUCT. Customers may purchase the product from you via your Web Site. You may also submit order forms to us for customer product purchases. All orders will be shipped to the customer's address. After the purchase, your customer will deal with us or the affiliate supplying the product directly for any service issues including receipt of product and customer service. You may not act on a customer's behalf or represent yourself as one of our customer service staff members. Customer will remit all funds regarding product purchase to us. You will be compensated as provided in the Commission Payment Schedule.
10. SHIPPING AND HANDLING. Shipping under this Agreement will be directed to the Customer's address. In addition to shipping and handling charges that are shown in the Agreement, any delivery required by you or your customer that exceeds the cost of normal ground delivery shall be invoiced to you or your customer at flat rates in effect at the time of shipping. We will not provide you or your Customer with copies of freight bills.
11. DELIVERY, RISK OF LOSS, TITLE, AND SECURITY INTEREST. Unless otherwise stated in this Agreement, all deliveries will be via ground carrier from our warehouse or our affiliate's warehouse. Shipping or deliveries dates are best estimates only. We and our affiliates reserve the right to make deliveries in installments and to bill separately for each such installment. Delivery delay or default on any installment shall not relieve you or your customer of any obligation to accept and pay for remaining deliveries. Claims for shipment shortage shall be deemed waived unless presented to us or our affiliate in writing within 45 days of delivery of each shipment. IN NO EVENT SHALL WE BE LIABLE FOR INCREASED COSTS, LOSS OF PROFITS OR GOODWILL OR ANY OTHER GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES DUE TO LATENESS, OR NON-DELIVERY OF PRODUCTS OR SOFTWARE. We shall at all times retain title to the software, as set forth in the Software License Agreement. You hereby grant us a security interest in the products, to secure payment in full amounts due hereunder, and you shall, upon our request, sign a Financing Statement and any other documents needed to perfect such security interest. You or the customer assume the risk of any loss, fire, damage, and theft upon delivery of the products and software to you or customer's facility, and you or your customer shall maintain insurance coverage for all such risks.
12. BUSINESS MANAGEMENT SOFTWARE SERVICES: Business Management Software Services (Web-site Statistics) become effective when this Agreement has been signed by you and returned to us and all required products and software have been installed and are operational. Our sole obligation pertaining to the Website statistics is to provide you with accurate, up-to-date information about the condition of your business. By accepting this agreement, you agree that you shall hold us harmless from any liability arising from incorrect information, software imperfections, misinterpretations of information, or any and all unintentional and erroneous conveyance of information to you. We shall advise you of any changes to the Website statistics through such communication channels that are available to you.
13. TERMS OF AGREEMENT. This agreement shall commence the date on which construction is begun on your website. Construction of your website shall begin immediately upon receipt of initial funding, once construction of your web site commences, funds applied to this activity become non-refundable.
14. TERMINATION OF AGREEMENT. Termination of this Agreement may occur if you fail to maintain your Certification in the Distributor Program or for failure to remit your web maintenance fees, as described in the Distributor Schedule. We may terminate this Agreement for your non-payment or your being in default of this Agreement. After your website construction has begun, you may terminate this agreement by submitting a written request to our headquarters at address; 1500 E Thomas Rd #104 Phoenix, Az. 85014. Termination of this Agreement will not entitle you to a refund in whole or in part of any fees for service, use fees, reimbursements or other monetary remedies or refunds. Upon receipt of a written termination request, we may contact you to determine the nature of the termination request. Terminations will become effective not more than 90 days after such request has been received.
15. INTERRUPTION OF SERVICE FORCE MAJEURE. We shall not be liable to you or customers or any other person for any loss or damage caused by any interruption of services, regardless of cause. In the event of any failure or delay in services attributable to the fault of us or our subcontractors, you and your customer's sole remedy shall be limited to refund of your or customer's charge for services during the time of such failure or delay. You and your customer's agree, however, that no allowance will be given for any single delay that does not exceed 48 hours. We shall have no liability for a failure to provide or for delay in providing products, software, installation, services or maintenance due directly or indirectly to causes beyond the control of us or subcontractors, including, without limitation, acts of God or governmental entities, or of the public enemy, customer abuse, strikes, unusually severe weather, interruptions of transportation or inability to obtain necessary labor, materials or facilities, default of any supplier, or delays in Federal Communications Commission ("FCC") frequency authorization or license grant. The delivery schedule shall be considered extended by a period of time equal to the time lost because of any such delay. If we are unable to wholly or partially perform because of any cause beyond our control, we may terminate the Agreement without any liability to customer, other than refund of any amounts paid for undeliverable products, software, maintenance or installation, or Services that have not been provided.
16. REVISION OF FEES AND SERVICES. We may at any time, upon 30 days with prior written notice revise (a) the monthly rates for Plans set forth in the Agreement, (b) all fees for support of your website, (c) all fees for Certification in the Distributor program and (d) the cost and features of services and programs, as set forth in the Agreement, the volume pricing schedule and on the volume pricing schedule in effect on the date of our execution of the Agreement. You may terminate the Agreement by written notice to us within the 30 day period; otherwise the new rates and revised services shall become effective on the date specified in our notice. If you terminate the Agreement as herein provided, all accrued and unpaid charges shall be immediately due and payable.
17. AUTOMATIC RENEWAL; TERMINATION. The Agreement, including these terms, shall remain in full force and effect from the date that the Agreement is executed by us and shall remain an Agreement terminable upon 30 days written notice by either. The Agreement shall terminate immediately and without liability if the authorizations held by us are revoked by the FCC.
18. PAYMENT/TAXES. You are responsible for your purchases. Your customers are responsible for their purchases. You or your customers shall make payment to us or our affiliates in accordance with the terms stated in this Agreement, at such place as designated in a bill. Installation fees if any are billed sep-arately. Except for the amount, if any, of tax included in the Agreement, the prices set forth in the herein and in the Volume Pricing Schedule are exclusive of any amount for federal, state, local or foreign excise, sales, use, property, retailer s occupation or similar taxes, or any duties, customs or similar charges. If any such excluded tax or charge is determined to be applicable to this transaction or we are required to pay or bear the burden thereof, the prices set forth in the Volume Pricing Schedule, shall be increased by the amount of such tax or charge and any interest or penalty thereon, and you or your customer shall pay to us the full amounts of any such increase no later than 10 days after receipt of a bill therefore. All charges are due as of the due date set forth on the bill. Accounts delinquent in excess of 15 days from the due date shall be subject to a late fee and interest at the rate of one and a half percent (1.5%) per month (or the highest rate permitted by law if such rate exceeds the highest rate permitted by law). We may repossess the products and software and terminate the services and maintenance if any charges payable hereunder are delinquent in excess of 30 days from the due date or customer is otherwise in default under the Agreement. You or your customer shall be liable for all reasonable costs associated with the collection process of you or your customer's delinquent account, including but not limited to, a minimum charge of $10.00 a month as long as the account remains delinquent and reasonable attorney s fees and court costs if such action is utilized in order to collect a delinquent amount.
19. GENERAL. The agreement shall be governed under the laws of the State of Arizona. You agree that the court of jurisdiction for any and all disputes arising between you and USA Supreme Technology be the appropriate court in Arizona. You acknowledge that you have read and understand these terms and agree to be bound by them. Together, the Agreement including these terms, the Volume Pricing Schedule, the Commission Payment Schedule, Terms of Service and the Software License Agreement, constitute the entire agreement and understanding of parties supersede all proposals, oral and written, and all other communications between the relating products, software, services, installation and maintenance purchased under this Agreement. No amendment or modification hereof shall be binding upon us unless such amendment or modification is in writing signed by an authorized agent designated by us.
If any term hereof is contrary to, prohibited by, or deemed invalid under the applicable laws or regulations such term shall be deemed omitted to the extent prohibited or invalid but the remainder of these terms and agreements shall not be invalidated and shall be given effect so far as possible. If any term here is found by a court to be overbroad, it shall be limited to the extent to make it enforceable. You agree to observe and abide by all applicable laws, ordinances rules and regulations of the federal, state, local, or foreign government and any agency or public authority thereof, and to hold us harmless from liability or loss by reason of any established violation of said laws, rules, or regulations by customer, its employees, agents or representatives. Furthermore, any waiver or any right in, breach of, or any other term of the agreement will be enforceable. This agreement is fully assignable by us or any other person or entity and shall insure to the benefit of such assignee or successor. You may not assign the Agreement without our prior consent except that you may without our consent, assign an Agreement (a) to your parent company a subsidiary or an affiliate; (b) to any successor corporation by consolidation or merger; or (c) to any corporation with the authority to carry on a business of a nature transacted by you and to which you have sold all or substantially all of your assets, provided that you have advised us of such assignment in writing and you remain liable for any obligations or liabilities arising under this agreement.
20. CHANGE OF TERMS. Upon such prior written notice, as is required by law, we may change the terms of this agreement. No such event, to the extent permitted by applicable law, the new terms shall apply to your Certification at the time of the change. You may avoid the new terms if you surrender your Certification in our Distributor Program, along with all claim to refunds or pro rations of Certification fees, within 30 days of notification of change. Notification may take place by email, US Mail or other conveyance. Date of change shall be the date that the notification leaves our offices. Failure to make the notification of surrender Certification within the time limit will constitute your consent and acceptance of the change of terms.
21. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. All express or implied warranties, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose are expressly excluded, except where prohibited by law and, where prohibited, any such warranty shall be limited to the minimum warranty and period required by law. No employee or agent of ours has the authority to grant and other warranty to you, written or oral. The express warranties, described above are given in satisfaction of any and all obligations or liabilities of us to you or any third party, with respect to the products, software, services, installation and maintenance (whether such liabilities or obligations arise out of contract, negligence, strict liability, tort or otherwise). Without limiting the foregoing, we shall not be liable for any product damage, products, software, services, installation and maintenance (and you expressly indemnify and agree to hold us harmless from any such liability, including reasonable attorney's fees). Your sole remedy for breach of any warranty is the right of repair or replacement of the defective product, software or installation or, in the case of software, return of software license fees, all as described above. In no event shall our liability to you exceed the amount paid by you for the product, software, services, installation and maintenance in question. Without limiting the foregoing, we shall not be liable to you or any third party for consequential, incidental, general, special or exemplary damages, including, without limitation, loss of profits, revenues or data, even if we have been advised of the possibility of damages. No action shall be brought for any breach of the agreement more than one year after accrual of such cause of action except for money due on an open account. Certain limitations may not apply in some states.
22. INCLUSIONS. This agreement includes the USA Supreme Technology Distributor s Agreement, the USA Supreme Technology Software License Agreement, and the USA Supreme Technology Payment Schedule, and the Authorization Form.
SERVICE AGREEMENT
1. Use of Site. USA Supreme Technology maintains the USA Supreme Technology Web site for use by owners of USA Supreme Technology Business and Consumer Certifications. It is provided for the entertainment, education, and shopping convenience of owners of Certifications, their customers, and any other person or entities. You may download material displayed on the USA Supreme Technology site for non-commercial use provided you also retain copyright, trademark, and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post material on any network or broadcast the material in any 'media. It is strictly prohibited to modify, transmit, dispute, re-use, "frame" or use the content of the USA Supreme Technology site including the text, images, audio, and/or video, for public or commercial purposes without the written permission of an authorized representative of USA Supreme Technology It is strictly prohibited to download the images of products for sale within this site. Tampering with the site, misrepresenting the identity of a user, using buying agents, or conducting
fraudulent activities on the site are prohibited.
2. DISCLAIMERS OF LIMITATION OF LIABILITY. Products are provided on an "AS IS", "as available" basis. Neither USA Supreme Technology nor its affiliates, subsidiaries, or designees not each of their respective officers, directors, employees, agents, third-party content providers designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "associates") warrant that the use of products will be uninterrupted or error-free. Neither USA Supreme Technology nor its associates warrant the accuracy, integrity, or completeness of the content provided on the USA Supreme Technology site or the products and services offered for sale on the USA Supreme Technology site. Further, USA Supreme Technology makes no representation that the content provided on the USA Supreme Technology site is applicable or appropriate for use in locations outside the United States. USA Supreme Technology specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by neither USA Supreme Technology, nor its associates shall create a warranty. You expressly agree that use of the products is at your own risk. Under no circumstances shall USA Supreme Technology or its associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the products, including, but limited to reliance by a user on any information obtained of the products, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from Acts of God, communication failure, theft destruction or unauthorized access to USA Supreme Technology, records, programs, or services. The foregoing Limitation of Liability shall apply whether in an action of contract, negligence, or other tortuous action, even if an authorized representative of USA Supreme Technology, has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through all products. Because some states do not allow for the exclusion of Limitation of Liability for consequential or incidental damages, in such states, liability is limited to the fullest extent of the law.
2. ERRORS. Prices and availability are subject to change without notice. Errors will be corrected where discovered, and USA Supreme Technology reserves the right t revoke any stated offer and to correct any errors, inac-curacies, or omissions including after an order has been submitted and whether or not the order has been con-firmed and your credit card has been charged. If your credit card has been charged for the purchase and your or-der is cancelled before delivery of the product to you, USA Supreme Technology will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
3. QUANTITY PURCHASES. USA Supreme Technology may, at its own discretion, limit quantities pur-chased per person, per household, or per order. These restrictions may include orders placed by the same USA Supreme Technology account, credit card, or domain name, and also orders that use the same billing and or shipping address. Notification will be sent to the email and or billing address provided should such change occur. We reserve the right to limit the quantities sold, including the right to limit or prohibit sales to owners of Electronic Intertrade Business Certifications.
4. PROPRIETARY RIGHTS. Content included on or comprising the products, including information data, software, photos, graphs, videos, typeface, graphics, music, sounds, and other material (collectively “content”) are protected by copyrights, trademarks, patent or other proprietary rights and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All content is copyrighted as a collective work under the U.S. and international copyright laws, and USA Supreme Technology owns to the fullest extent allowed by such laws, the copyright in this selection, coordination, arrangement, and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, sale, lease or rental of, create derivative works from, or in any way exploit the content in whole or in part.
5. LOGOS. The product logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or where required, used with permission of USA Supreme Technology, and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
6. EXPORT. Certain software and products may be further subject to United States Export Controls. No such software from this site may be downloaded or exported contrary to any laws, which may include prohibitions against download or export 1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or 2) anyone on the United States Treasury Department List of Specially Designated Nationals or the U.S. Commerce Department Deny Orders. By downloading or using software, you agree to abide by the laws, rules, and regulations including, but not limited to the Export Administration Act and Arms Export Control Act-applicable to such download or use and not to transfer by electronic transmission or otherwise, any Content derived from USA Supreme Technology or products to either a foreign national or a foreign destination in violation of any such laws.
8. WEBSITE LINKS. The USA Supreme Technology site may contain links to other sites. The links are meant to enable access to publicly available information to those who are allowed to access the products only. USA Supreme Technology makes no representation whatsoever about any other web site which you may access through the USA Supreme Technology site. When you leave the USA Supreme Technology site, please understand that USA Supreme Technology has no control over the content on that web site. In addition, slink to anon-USA Supreme Technology, web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party web products or ser-vices. No rights to use or copy the information on this or the third-party sites are granted or implied.
9. WHOLE AGREEMENT. These terms of service represent the entire agreement between you and USA Supreme Technology, regarding your use of the USA Supreme Technology Website with USA Supreme Tech-nology, and supersede any prior statements or representations. By using the products you agree to be bound by the terms of service. If you are dissatisfied with the products or any content on the USA Supreme Technology Website or with these Terms of Service, your sole and exclusive remedy is to discontinue using any products or services.
REFUND POLICY
The following policies govern authorized returns and the issuance of refunds. No returns will be accepted without reference to a Return Merchandise Authorization (RMA) number. Issuance of such RMA will be dependent upon the nature of the return, with USA Supreme Technology retaining full authority over the entire return and refund process. Requests for RMA must be made in writing, unless alternate arrangements are made by management. USA Supreme Technology will refund some items within thirty days of delivery, provided that all goods are returned in original condition and in the original packaging. All returns are subject to shipping, handling, and processing fees. Please call our staff of trained professionals to handle your return or refund requests.
All refund requests must be made by the individual(s) whose credit card was charged, or by the person(s) making the original payment. A brief statement must be included detailing the reason for the return requested. Defective product may be exchanged for like product regardless of current market price. All returns must be preauthorized by our office; unauthorized returns will be refused.
We at USA Supreme Technology value you as a customer. Let us help you work through any problems that you may encounter. When considering a return or refund, please take into consideration the steps taken to get your business off the ground:
Domain Name Registration
Website Construction
Upload Site to Internet
Website Maintenance
Coaching
Unit Sales Support
Customer Support (for Distributors)
Technical Support (for Distributors and End Users) Specialized Marketing Materials (for Specific Presentations)
Failure to request a refund in writing within thirty days of the
date of sale forfeits eligibility for any refund on any products or services. Termination of agreements between USA Supreme Technology and an Authorized Distributor negates said dis-tributor's rights to future sales commissions.
The Best Course of Action is to CALL FIRST! We're here to help! (866) 500-6999
RETURN POLICY
Refunds will only be granted if all materials (product, hardware, software and original packaging) are received within 30 days from the date of shipment. Follow the directions below to make your return or exchange:
1. Request the issuance, preferably in writing, of a Return Merchandise Authorization (RMA) number. This number must be marked clearly on the outside of all returned packages. All packages failing to reference an RMA number will be refused.
2. Include a copy of the original invoice and/or packing list, the RMA, and a brief summary of the reason for the return.
3. We recommend items be returned via FedEx or insured parcel post for proof of delivery. We also recommend that you reuse the original shipping carton and packing materials.
4. You are responsible for all freight charges. However, you will be credited all reasonable and customary freight charges relevant to that item if product is damaged or defective or the wrong item was shipped. Please include the postal receipt in your return package.
5. Items received past the return period plus a reasonable shipping time may not be processed. Notification will be sent to the email and/or billing address provided should your return not be accepted. Items will be resent to you upon receipt of your payment of freight charges. Items will be deemed abandoned if we are not contacted within 30 days.
We will do our best to process the return in a timely manner. Please allow 14-21 days for processing. Refunds will be credited to the original purchasing credit card account only, or by check when the original purchase was paid by check. All exchanges, returns, and refunds are made at the sole discretion of USA Supreme Technology
SOFTWARE AGREEMENT
1. LIMITATION OF USE. The software provided with this license agreement is licensed to you for your use only. Use of the software in any method not explicitly granted or in conjunction with other software, or any attempt to defeat any functions of the software, will be a violation of this agreement and may result in termination of the operation agreement.
2. ALL TERMS. USA Supreme Technology is willing to license the accompanying software to you only upon the condition that you accept all the terms contained in the license agreement and any supplementary or unique license terms included here with ("agreement"). Your use of the software also indicates your consent to be bound by the license terms set forth herein.
3. COPYING. Copying of a computer program or its documentation except as permitted by this license is copyright infringement under the laws of your country. If you copy this computer program without the permission of USA Supreme Technology you are violating the law. You may be liable to USA Supreme Technology for damages, and you may be subject to criminal penalties.
4. YOUR WEB SITE. USA Supreme Technology will create a website for you, with a domain name chosen by you, and hosted by USA Supreme Technology or a company employed by USA Supreme Technology to provide hosting services. The website is composed of various internet programs and images that are the property of USA Supreme Technology. You may alter your website as desired, except that images, slogans, verbage, or other messages communicated by your website must be in good taste. USA Supreme Technology will be the sole arbitrator in determining whether any part of your website is in good taste.
5. MODIFICATIONS. USA Supreme Technology shall reserve the right to make changes to any of the problems associated with your website. You may or may not receive notice of changes made, except that if the changes are to items that you have specifically requested, we will contact you before changes are made. You may request that USA Supreme Technology make changes to your website as directed by you.
6. GRANTS OF LICENSE. USA Supreme Technology grants you a nonexclusive, nontransferable internet program (the "software"), the website and any other accompanying materials ("Documentation") pertaining to the operation of your business according to the terms of this license agreement. The license agreement permits you to use the software on only one website hosted by us or a company contracted by us.
7. RESTRICTIONS. You may not 1) Copy the software or Documentation except as permitted by license. 2} Reverse engineer, decompile or disassemble the software except to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the software or another program and such information is not readily available from USA Supreme Technology or elsewhere. 3} Distribute, rent, loan, lease, sell or otherwise transfer all or part of the software, documentation or any rights granted hereunder to any other person without the prior written consent of USA Supreme Technology. 4} Remove, alter or obscure any proprietary notices, labels, or marks from the Software or documentation. 5} Modify, adapt, translate, or create derivate works based on the software documentation for any purpose. b} Utilize any equipment, device, software, or other means used to circumvent or remove any form of copy protection used by USA Supreme Technology in connection with the software, or use the software together with any hardware lock, authorization code, serial number, or other copy protection devise not supplied by USA Supreme Technology 7} Use the software or documentation outside the current schedule of countries with services as published by USA Supreme Technology. Export the Software or documentation in violation of the U.S. or other applicable export control laws.
8. COPYRIGHT. Title and copyrights to the software, documentation and accompanying materials and any copies made by you remain with USA Supreme Technology. Unauthorized copying of the software or docu-mentation, or failure to comply with the above restrictions, will result in automatic termination of this license.
9. NO WARRANTY. The software and documentation is provided to you "AS IS", and you acknowledge that it may contain errors. USA Supreme Technology disclaims any warranty or liability obligations to you of any kind. USA Supreme Technology makes and you receive no warranties, express, implied, statutory, or in any communication with you; and USA Supreme Technology specifically disclaims any other warranty including the implied warranty of merchantability or fitness for a particular purpose. USA Supreme Technology does not guarantee that the operation of the software will be error free or uninterrupted. The above exclusions may not apply to you, as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction.
10. DISCLAIMER. Due to the large variety of potential applications for the software, the software has not been tested in all situations under which it may be used. USA Supreme Technology shall not be liable in any manner whatsoever for the results obtained through the results of the software. Persons using the software are responsible for the supervision, management and control of the software. This responsibility includes, but is not limited to, the determination of appropriate uses for the software and the selection of the software and other programs to achieve intended results. Persons using the software are responsible for establishing the adequacy of independent procedures for testing the reliability and accuracy of any program output.
11. LIMITATION OF LIABILITY. In no event will USA Supreme Technology be liable for any loss or damages of any kind, including loss of data, lost profits, cost of cover or other special, incidental, consequential or indirect damages arising out of the use or inability to use the software or documentation, however caused and on any theory of liability. This limitation will apply even if USA Supreme Technology or any USA Supreme Technology Distributor has been advised of the possibility of such loss or damage. You acknowledge that the license fee reflects this allocation of risk.
12. ALL SALES IN CANADA. If you purchased this product in Canada you agree to the following; The parties hereto confirm that it is their wish that this agreement, as well as other documents relating hereto, including Notices, have been, and shall be, written in the English language only.
13. ALL SALES IN MEXICO. . If you purchased this product in Mexico you agree to the following; The parties hereto confirm that it is their wish that this agreement, as well as other documents relating hereto, including Notices, have been, and shall be, written in the English language only.
14. TERM. The term of this agreement is limited by the term of the Certification agreement. All rights to use the software or website will expire when the Certification agreement expires.
15. CHANGES. Upon such prior notice as is required by applicable law, we may change the terms of this agreement in such event to the extent permitted by applicable law the new terms shall apply to your Certification at the time of change. You may avoid the terms if you surrender your Certification in our Distributorship Program, along with all claims to refunds or pro-rations of Certification fees, within 30 days of notification change. Notification may take place by e-mail, US Mail or other conveyance. Date of change shall be the date that the notification leaves our offices. Failure to make notification of surrender of Certification within the time limit will constitute your consent and acceptance of the change of terms.
16. GENERAL. A} This license shall terminate without further notice or action by USA Supreme Technology. If you, the licensee shall become bankrupt, make an arrangement with your creditors or go into liquidation. B} If any provision of these license conditions is found to b invalid or otherwise unenforceable, the further conditions of this license will remain fully effective and the parties will be bound by obligations which approximate, as closely as possible, the effect of the provision found invalid or unenforceable, without being themselves invalid or unenforceable.
ADVERTISING OPTIONS
USA Supreme Technology offers many resources to you to advertise your business, from no charge items ready for shipping or download and printing, to for sale target direct mailing campaigns.
Direct mail advertising campaigns, as presently structured, range in length depending on the size of the campaign, from one month to one year. Mailings are typically sent in sets of at least 500 direct mail cards, but may be more and will require as many mailers as necessary to complete your order. Mailers may be sent to companies or individuals, or those who have an identified interest in our products.
All mailers are prepared by professional printing, mail handlers and are mailed via U.S.P.S. to prospective clients. Each card will bear your domain name and/or Distributor ID# which has been assigned to you. The list of names to whom the mail was sent is available to you by request. Also, to verify mailing, a sample card is sent to you when each mailing is sent. Please be certain that USA Supreme Technology has your correct mailing address.
USA Supreme Technology does not and cannot suggest or guarantee any percentage of response to any ad campaign. Advertising in any medium is designed to create interest in the product and USA Supreme Technology cannot and does not guarantee any specific return on your purchase. Your enrollment in the program starts with the printing of the postcards with your information on them and postage permit fees. Your batches then begin going out in the mail. There are no refunds on any printed materials or advertising campaigns. If you have any questions please contact customer service.
PAYMENT
USA Supreme Technology assigns and credits all sales above current published distributor price to an established, authorized distributor. Twenty percent (20%) of the difference between final sales price and distributor cost shall be retained by USA Supreme Technology, with the remaining eighty percent (80%) credited the respective distributor in the form of commission payment. The twenty percent (20%) assessment SHALL NOT APPLY to any sale initiated and finalized through purchase order submitted to USA Supreme Technology by the Authorized Distributor or through the distributor’s website.
Commissions due shall be paid to the respective Authorized Distributor thirty (30) days after original invoice, corresponding to the time period in which returns are authorized for defective replacement only.
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