Terms & Conditions
If you do not agree to any of these Terms, please discontinue your use of the Services immediately.
- CHANGES TO THIS AGREEMENT
- ADDITIONAL TERMS
- CHILDREN’S PRIVACY
- USERS AND ACCOUNTS
- RESPONSIBLE USE OF THE SERVICES
- CONTENT SUBMISSION TERMS
- MOBILE ACCESS
- UNITED STATES SERVICES
- PRODUCT INFORMATION
- PURCHASES FROM SUPERGOOP!
- COPYRIGHT AND TRADEMARK
- THIRD PARTY SITES
- INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
- LEGAL DISPUTES AND ARBITRATION AGREEMENT
- TERMINATION, SURVIVAL
- CONTACT US
1. CHANGES TO THIS AGREEMENT
Your failure to cease use of the Services after receiving notification of any modification will constitute your acceptance of the modified Terms.
If you do not agree to any of the Terms or any changes to the Terms, you are not authorized to use, access or continue to access the Services, and must discontinue any use of the Services immediately.
2. ADDITIONAL TERMS
Certain services offered through the Site or Blog may be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include product & service descriptions, prices, and restrictions posted on the Services, which are subject to change from time to time and should be reviewed by you each time you submit content or place an order.
3. CHILDREN'S PRIVACY
Supergoop!’s website and online services are not directed toward individuals under the age of 13, and we do not knowingly collect any personal information from children under the age of 13. If a child under 13 has provided our website or Services with personal information, we ask that a parent or guardian contact us as described below so that we may promptly delete the child’s information from our record.
4. USERS AND ACCOUNTS
To use certain Services, you may need to create an account. You may also have the option of creating an account in anticipation of making future purchases. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; and (d) notify Supergoop! if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Services. We do not guarantee that the Services will be accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Services or any component of the Services, and to block or prevent future access to and use of the Services and to delete your account and any related information. Any obligation or liability incurred prior to termination of your access to the Services will survive such termination.
5. RESPONSIBLE USE OF THE SERVICES
You may use the Services for lawful purposes and in accordance with these Terms. No other use is permitted.
Without limiting the foregoing, you may not use the Services:
You are solely responsible for all content you may submit to the Services or share with other users of the Services (“User Content”). You warrant and represent that your User Content does not contain any material or content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property, or otherwise in violation of any federal, state or local law, rule or regulation.
The Site may pull content from our users who share photos and videos on Instagram using our brand hashtags or tagging the @Supergoop! account (collectively, “Photos”). You acknowledge and agree that the Photos may be used in Supergoop!’s emails and on the Services, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the Photos for identification, publicity related to the Services and similar promotional purposes, including after your termination of your account. You represent and warrant that the posting and use of your Photos, including to the extent such Photos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyright, trademark and other intellectual property rights.
By uploading any User Content you hereby grant Supergoop! and its successors and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your account or use of the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, contract rights, copyright, trademark, or any other intellectual property or proprietary rights.
Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyright or “moral” rights or claim resulting from our alteration of the User Content or any submissions, photographs, footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint Supergoop! as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that we can use the User Content that you are licensing in any way we see fit, we can own and protect the rights in any derivative works created from your User Content, and we can have the User Content removed from any other website or forum.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Submissions”) that you provide to us are non-confidential and non-proprietary and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
We have no obligation to, but reserve the right to, monitor, flag, delete, or refuse to reproduce any User Content we believe may be in violation of these Terms, and to cancel any order based on such User Content. Under no circumstances will Supergoop! be liable in any way for any loss of any User Content. The Site is not intended as a storage depository for User Content, and you are responsible for retaining copies of your User Content.
7. MOBILE ACCESS
If you use a mobile device to access the Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services, and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that mobile device service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. By accessing or using any Services via a mobile device, you agree to these Terms.
8. UNITED STATES SERVICES
The Services are owned and operated by us in the United States. You are responsible for compliance with any local laws if you access or use the Services from anywhere else. All prices displayed on the Services are quoted in U.S. Dollars and are valid and effective only in the United States.
9. PRODUCT INFORMATION
Supergoop! may offer products for purchase through the Services (“Products”). All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the Product ingredients to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any Products or information in the Services before using or relying on them. Use by a child of any Product should be only after the child’s parent or legal guardian has discussed the Product with the child’s physician.
Supergoop! does not provide or intend to provide any answers to medical-related questions and the Services do not replace the advice of any medical professional or medical resource.
Statements made about Products available through the Services have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not occur in all individuals. Such statements and Products sold through Supergoop! are not intended to diagnose, treat, cure or prevent any condition or disease.
10. PURCHASES FROM SUPERGOOP!
Products, including any samples Supergoop! may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Supergoop!. All orders are subject to our acceptance or rejection based on product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. We may take steps to verify your identity to process your order and may limit or cancel quantities or Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made, and we will either not charge you or will refund the charges for orders that we cancel or do not process. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All prices displayed on the Services are quoted in U.S. Dollars, are exclusive of any applicable local, state, or federal taxes, and are valid and effective only in the United States. Shipping and handling fees, if any, will be reviewable prior to submitting your order. Product prices are subject to change without notice.
All payments through the Services are processed using a third-party processor. If you wish to purchase a Product or any service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us (or the third party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the products as such costs are specified by us when you submit your order. After you place your order, we will send you a confirmation email.
We strive to provide accurate pricing information regarding the Products. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, not to process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email and refund the payment for such order. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, but sold out by the time we attempt to process the order. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order.
We offer subscription services that may consist of an initial one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) SUPERGOOP! (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT firstname.lastname@example.org. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment.
We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.
Supergoop! currently ships only to locations within the 50 United States although some Products cannot be shipped to addresses in Alaska or Hawaii due to federal regulations. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. [All orders containing hazardous materials must be shipped via standard ground shipping methods and cannot be shipped via expedited shipping methods. The time period from order to delivery will vary depending on location.
Your order will be fulfilled by the delivery date set out in your order confirmation or, if no delivery date is specified, then within 30 days after the date of the order confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, we will contact you. Products comprised within the same order cannot be delivered to different addresses.
The Product ordered will be at your risk from the time you receive the Product. Ownership of the Product ordered will also pass to you upon your receipt of the Product, provided full payment of all sums due in respect of the Product, including any delivery charges, has been received.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. If you believe a Product was delivered in a damaged or faulty state or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
RETURNS AND EXCHANGES
Except for Products that are a final sale, we accept returns if you are not satisfied with any supergoop.com purchase. If you would like a refund or a replacement Product, please email email@example.com with your order number and we will send you a free return shipping label. Once you have your shipping label, just send us the unused portion of the Product within 30 days, in its original packaging, accompanied by your order receipt.
Upon receiving the returned Product from you, a refund will be credited by your original payment method for the price of your Product and sales tax, if applicable. All shipping and handling costs are non-refundable.
Only items purchased on supergoop.com may be returned or exchanged. Products purchased through supergoop.com may not be returned or exchanged at any retail location that sells Supergoop! products.
All other information regarding the purchase of Products from the Site can be found on the FAQ and Help Page located at https://help.supergoop.com/, including our policies on shipping, billing, order acceptance, gift cards, returns and exchanges.
11. COPYRIGHT AND TRADEMARK
Supergoop! owns or controls all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code on the Site and in the Services (collectively, “Content”), including but not limited to the design, structure, selection, expression, “look and feel” and arrangement of such Content, some or all of which is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site or Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, mobile application or other medium for publication or distribution or for any commercial enterprise without Supergoop!’s express prior written consent.
You may use information about Supergoop! and its Products (such as knowledge based articles and similar materials) purposely made available by Supergoop! for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copy of such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
The trademarks, service marks, and logos of Supergoop! (the “Supergoop! Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Supergoop!. Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Supergoop! Trademark without our prior written consent specific to each such use.
Supergoop! is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances.
To report a problem other than copyright or trademark infringement, please email us at firstname.lastname@example.org. We may, in our sole discretion, limit, suspend, or terminate any user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Services if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies or Terms (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
DIGITAL MILLENNIUM COPYRIGHT ACT ("DCMA") POLICY
Supergoop! will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material on the Site. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to our designated DMCA agent at:
Attn: DMCA Copyright Agent
200 East Grayson, #112, San Antonio, TX 78215
Any such notice should include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your name, address, telephone number and email address (if available); and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our designated DMCA agent listed above, provided that such counter-notification must be in writing and contain the following required information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
- Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court in Bexar County, Texas, and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
12. THIRD PARTY SITES
The Services may contain links or access to third-party web sites or services that are not owned or controlled by us (“Third-Party Services”). A description or link to Third-Party Services does not imply our endorsement of the Third-Party Services.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You further acknowledge and agree we 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 use of or reliance on any such content, goods or services available on or through any such Third-Party Services.
You may be required to agree to additional Third-Party Services terms and conditions, warranties, or other policies. We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Services that you access or use.
13. INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
You agree to release, indemnify, defend, and hold harmless Supergoop!, its affiliated companies (collectively “Supergoop!”), and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, business associates, suppliers and representatives (the “Supergoop! Entities”) from and against any actual or threatened claims, actions, demands, liabilities, costs, damages, settlements, and expenses (including interest, penalties, and attorney, accounting and expert witness fees) (“Liabilities”) incurred by any Supergoop! Entity in any way arising out of or relating to your breach of these Terms, applicable law or our other policies referenced in these Terms, including but not limited to your use of the Site or any use of your User Content that infringes the rights of third parties. Supergoop! reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, if Supergoop! assumes defense and control of such matter, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any Liabilities subject to indemnification by you.
EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE SUPERGOOP! ENTITIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE SUPERGOOP! ENTITIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
THE SUPERGOOP! ENTITIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO SUPERGOOP! ENTITY SHALL BE RESPONSIBLE FOR THOSE COSTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUPERGOOP! ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE SERVICES OR CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE, AND NON-INFRINGEMENT. THE SUPERGOOP! ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SUPERGOOP! ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.
YOU FURTHER ACKNOWLEDGE THAT THE SUPERGOOP! ENTITIES ARE NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY MISUSE OF ANY PRODUCTS OFFERED THROUGH THE SERVICES. YOU HEREBY AGREE NOT TO USE SUPERGOOP! PRODUCTS FOR ANY ILLEGAL PURPOSE AND YOU ASSUME ALL LIABILITY FOR ANY ACTION YOU TAKE FOR ANY ACTION THAT IS CONTRARY TO THE TERMS OR ANY LAW, RULE, OR REGULATION OF ANY TERRITORY.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL ANY SUPERGOOP! ENTITY BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, STATUTORY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION ARISING IN CONNECTION WITH, OUT OF, OR AS A RESULT OF (i) THESE TERMS OR THE SERVICES, AND (ii) ANY ACTS OR OMISSIONS OF ANY OF THE SUPERGOOP! ENTITIES IN CONNECTION WITH THESE TERMS OR THE SERVICES. THE MAXIMUM REMEDY AVAILABLE TO YOU UNDER THESE TERMS AND IN CONNECTION WITH THE SITE AND SERVICES IS $250 IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE SUPERGOOP! ENTITIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
FOR NEW JERSEY RESIDENTS, THE LIMITATIONS SET FORTH ABOVE ARE INAPPLICABLE WHERE ATTORNEYS’ FEES, COURT COSTS, OR OTHER DAMAGES ARE MANDATED BY STATUTE.
14. LEGAL DISPUTES AND ARBITRATION AGREEMENT
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SUPERGOOP! AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
INITIAL DISPUTE RESOLUTION
We are available by email at email@example.com or by certified mail addressed to Supergoop! Legal Department, 200 East Grayson, #112, San Antonio, TX 78215 to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Please include the following information in your communication: (a) your name, residence address, email address, and telephone number; (b) a description of the nature and basis of the claim; and (c) the specific relief sought. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
AGREEMENT TO BINDING ARBITRATION
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS on a confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state arbitration act.
You and Supergoop! agree that for any arbitration you initiate, you will pay the filing fee and Supergoop! will pay the remaining JAMS fees and costs. For any arbitration initiated by Supergoop!, Supergoop! will pay all JAMS fees and costs. Arbitration proceedings will be held in Bexar County, Texas or may be conducted telephonically or via video conference for disputes alleging damages less than $500, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), the most recent version of which are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/, and are hereby incorporated by reference. You may also contact JAMS by calling 1.800.352.5267.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
CLASS ACTION WAIVER
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
EXCEPTION – SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 DAY RIGHT TO OPT OUT
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out via email to firstname.lastname@example.org. The notice must be sent within thirty (30) days of your agreement to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the Terms. If you opt-out of these arbitration provisions, Supergoop! also will not be bound by them.
EXCLUSIVE VENUE FOR LITIGATION
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Bexar County, Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to the exclusive jurisdiction of the state or federal courts located in Bexar County, Texas for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in the state or federal courts located in Bexar County, Texas for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction in such courts in any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of any of the Supergoop! Entities in connection with these Terms or the Services.
15. TERMINATION, SURVIVAL
These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of Texas without regard to principles of conflict of laws will govern these Terms and any claim or dispute that has arisen or may arise between you and Supergoop! relating to use of any aspect of the Services.
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Supergoop!.
Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
In construing or interpreting these Terms, headings are for convenience only and do not have any substantive meaning or interpretive value.
The Services may contain forward-looking statements with respect to Supergoop! future events and business development. The forward-looking statements are not binding obligations or guarantees of Supergoop!, but are Supergoop!’s beliefs with respect to the subject matter. Supergoop!’s future actions or results could differ materially from those included in any forward-looking statement. It is our intent to regularly update the Services but make no commitment or warranty to do so.
You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.
17. CONTACT US
200 East Grayson, #112 San Antonio, TX 78215
Toll-free: +18775647330, Email: email@example.com