Security Policy

Security Procedures to Protect Confidential Information

 A fundamental element of safeguarding your confidential information is to provide protection against unauthorized access or use of this information. We maintain physical, electronic and procedural safeguards that comply with federal guidelines to guard your nonpublic personal information against unauthorized access or use. Our employees are subject to a corporate code of ethics and other policies that require maintaining the confidentiality of customer information.

Morningstar Minerals will continue to enhance and maintain prudent security standards and procedures to protect against unauthorized access or use of your nonpublic personal information and records. These security procedures also protect former customers and consumers who have applied for an account or service with Morningstar Minerals and our parents, affiliates (and their franchisees and licensees), and subsidiaries for as long as the information is retained.

Morningstar Minerals encourages you to help us protect your information and to keep your information accurate. If you suspect someone has made unauthorized transactions on your Morningstar Minerals accounts, or if you believe that any information about you is not accurate, please call us anytime at 505-325-2401.

Morningstar Minerals utilizes state-of-the art security technology to protect your data and transmissions over the internet. Any application or enrollment forms on the Morningstar Minerals web site use Secure Socket Layer (SSL) technology to transfer your information across the internet to us. This technology encrypts - or scrambles - the information you provide so it's virtually impossible for anyone other than Morningstar Minerals to read it. We use this technology whenever confidential information, such as your username or password is requested. However, in some cases we give you the option of sending information to us in an unencrypted mode. We will always inform you if we detect you are using a browser that does not support encryption.

If you send us e-mail, we may retain the content of the e-mail and your e-mail address in order to respond to questions or concerns that you may have. To help secure transmissions, your e-mails to us should be sent using the "Contact Us" page. Since we cannot ensure our response back to you is secure, we will not include nonpublic personal information such as account numbers or passwords in the response.

Although Morningstar Minerals has taken these reasonable and appropriate measures to ensure that your personal information is secure, we cannot guarantee that the nonpublic personal information you provide will not be intercepted by others and decrypted. We are not liable for a breach of security that occurs for reasons outside of our control.

Terms of Use

Thank you for visiting Morningstar Minerals online website and web store. In order to provide you with the best service possible, we want you to fully understand the terms and conditions set forth below (our "Terms of Use") by which Morningstar Minerals (referred to herein as "MSM", "us" or "we") offers services and information on or through this website. Please review these Terms of Use carefully.

By using this website (collectively referred to in these Terms of Use as our "Website") you agree to be bound by the terms set forth herein. We may make changes to our Website, these Terms of Use, or the policies and conditions that govern the use of our Website at any time. We encourage you to review our Website and these terms periodically for any updates or changes. Your continued access or use of our Website shall be deemed your acceptance of these changes and the reasonableness of these standards for notice of changes. If you do not agree and/or no longer agree to be bound by the Terms of Use, you may not use and must immediately cease your use of the Website.

Morningstar Minerals is located in Farmington, New Mexico in the United States. This site is for U.S. residents who are adults. Access to the site may not be legal in other countries. You transmit data to our Website subject to U.S. and New Mexico law. Do not transmit data to our Website unless you agree to be bound by U.S. and New Mexico law.

HEALTH-RELATED INFORMATION

The information contained in the Website is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional.
You should not use the information available on or through the Website (including, but not limited to, information that may be provided on the Website by healthcare or nutrition professionals employed by or contracting with Morningstar Minerals) for diagnosing or treating a health problem or disease, or prescribing any medication.

Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

USE OF WEBSITE

You agree to use the Website for lawful purposes. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another or that violates any federal, state, or local law. You agree that Morningstar Minerals may in its sole discretion terminate your access to our Website, without notice, if we believe you have in any way violated our Terms of Use.

ELECTRONIC COMMUNICATIONS

When you visit this Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

MODIFICATIONS

We reserve the right to modify or discontinue, temporarily or permanently, any or all of the Website and/or any or all features, products, prices of products, services or information appearing on or available through any or all of the Website with or without notice to you. You agree that we shall not be liable to you or any third party for any modification or discontinuance of such features, products, prices, services, or information on the Website or the Website itself.

INDEMNITY

You agree to indemnify and hold Morningstar Minerals and our parents, affiliates (and their franchisees and licensees), and subsidiaries, officers, directors, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms of Use, or your violation of any rights of another party. This indemnity survives termination of these Terms of Use.

SUBMISSION OF INFORMATION OR MATERIALS

You agree to provide true, accurate, current and complete information about yourself if and when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead. Other than personally identifiable information, which is addressed under our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Website becomes and will remain the property of Morningstar Minerals and may be used by Morningstar Minerals anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to Morningstar Minerals will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. Morningstar Minerals will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Website. You should rely solely on your rights under patent, trademark, and copyright laws. The receipt or consideration of your information by Morningstar Minerals shall in no way impair the right of Morningstar Minerals to contest the validity of your patent, trademark or copyright.

LINKS

Our Website provides links to other websites or resources. These links are for your convenience only and are not under our control. You acknowledge and agree that Morningstar Minerals is not responsible for the availability of such external sites or resources, and does not endorse any such site, its use or contents and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Morningstar Minerals shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on such external sites or resources. In the event you decide to access or use any of these other websites or resources, you agree you do so at your own risk.

OUR PROPRIETARY RIGHTS

The Website is owned and operated by Consolidated Star Companies. The contents of the Website are ©2003-2005 Morningstar Minerals. All Rights Reserved. You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in advertisements or information presented to you on our Website is protected by our or other third parties' copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Morningstar Minerals authorizes you to view and download materials at the Website only for your personal, non-commercial use, provided you retain all copyright and proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials on the Website in any way or reproduce or publicly display, perform, distribute, transmit, create derivative works of, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website (including without limitation, displaying this Website or any material displayed on or that can be downloaded from this Website in frames on another website without Morningstar Minerals’ express written permission) is prohibited.

SALE OF PRODUCTS

You may be provided with the opportunity to purchase products through the Website and/or from third party websites linked to the Website. Products purchased through the websites of others (including, but not limited to, mineralstar.com) are subject to the terms and conditions of such other parties and their websites, and Morningstar Minerals shall have no liability or responsibility therefore.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

MORNINGSTAR MINERALS AND ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MORNINGSTAR MINERALS AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MORNINGSTAR MINERALS OR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY THEREOF. MORNINGSTAR MINERALS MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE WEBSITE OR ANY WEBSITE LINKED HEREUNDER.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION AND ANY BODILY INJURY. MORNINGSTAR MINERALS AND ITS AFFILIATES MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MORNINGSTAR MINERALS OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU AGREE THAT MORNINGSTAR MINERALS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF MORNINGSTAR MINERALS OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.

YOU FURTHER AGREE THAT MORNINGSTAR MINERALS AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 DOMESTIC USE; EXPORT RESTRICTION

We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.

APPLICABLE LAW; JURISDICTION

Any claim relating to the Website, our Terms of Use, and the relationship between you and us shall be governed by the laws of the United States and the Commonwealth of New Mexico without regard to its conflict of law provisions. You and Morningstar Minerals agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of New Mexico.

GENERAL

These Terms of Use and our Privacy Policy constitute the entire agreement between you and Morningstar Minerals with respect to the Website; provided, however, that certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms which may be located on particular pages on the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of our Terms of Use remain in full force and effect. Your agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or our Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

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