SuperShe Terms and Conditions of Use
Last Updated: November 7, 2019
We need rules to keep our platform and services a safe and happy place for our users and us. This is a contract between you and SuperShe as we want you to know your and our rights before you use the App or the Website (collectively, the “Services”). Please take a few minutes to carefully read these Terms before using the Services. By using or accessing any part of the Services, you agree to be bound by these terms. If you have a written agreement with SuperShe, that agreement will control in the event of a conflict with these Terms.
We have the sole right at any time and without prior notice to revise these Terms. If we do, we will post changes on the App and Website; it is your responsibility to review these Terms and any modifications.
THESE TERMS INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.
These Terms are between you and SuperShe, Inc. (“SuperShe”), which is a corporation registered in Delaware. When used in these Terms, the terms “us”, “we”, and “our” refer to SuperShe.
To use the Services, you must be at least 18 years old and comply with the laws of the jurisdiction in which you reside, the laws of the United States, where SuperShe is based, and with these Terms. You may not access, tamper with, or use non-public areas of the Services.
You need an account for most activities on the Services, including subscribing to SuperShe’s content. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid phone number or email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credentials with someone else, you are responsible for what happens with your account and SuperShe will not intervene in disputes between users who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting Customer Service. We may request some information from you to confirm that you are the owner of your account.
The Services are not intended for access or use by children, especially those under the age of 13. If you are under the age of 13, you may not access or use the Services or provide information to us.
By accessing or using the Services, you represent that you have legal capacity to enter into this Agreement and to fulfill your obligations set out in these Terms. If you are not of an age old enough to enter into contracts in your jurisdiction (i.e., a minor), you need to review these Terms with your parent or guardian before using the Services; if your parent or guardian does not agree with the Terms as applied to you, then you are not authorized to access or use the Services.
Real Names Policy
When registering on the App, you must use your real name as your user name. By “real name,” we mean your first name—the name your friends and family use to refer to you—and your last name.
SuperShe has worked very hard to make the Services a safe and friendly place, and our real names policy adds a level of accountability and transparency to the discussions that take place on the Services, preventing potentially disruptive users from hiding behind an anonymous screen name.
TERMINATION OF YOUR ACCOUNT
We hope that you will have a great time on the Services, but if you feel the need to leave, you can delete your Account at any time by emailing us at email@example.com and including either the email address or phone number you used to create your Account. Your Account will be deleted immediately; however, content that you have posted in forums and parts of the Services that are open to other users may remain on the Services.
We reserve the right at our sole discretion to terminate or suspend any Account, or make use of any operational, technological, legal or other means available to enforce these Terms (including without limitation blocking specific IP addresses), at any time without liability and without prior notice to you. If we terminate your Account for breach of these Terms, breach of the terms of other SuperShe rules or policies, or for your actions with respect to the Services that violate any applicable law, you forfeit any pending, current or future Rewards Program points and we are under no obligation, except as expressly stated herein or in applicable law, to provide any of Your Content to you.
SUPERSHE REWARDS PROGRAM
The SuperShe Rewards Program terms are incorporated here by reference and are available here.
USE OF SUPERSHE IS AT YOUR OWN RISK
SuperShe enables anyone to create and share content, including videos and talks, on the App. Our platform model means we do not review or edit content, including videos and talks, for legal or other issues, and we are not in a position to determine the appropriateness or legality of this content. We do not exercise any editorial control over the stories or videos that are uploaded by users on the platform and therefore do not guarantee in any manner their reliability, validity, accuracy or truthfulness. If you watch a video and/or follow advice from a video or talk, you rely on any information provided by the user that uploaded the video or talk at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. SuperShe has no responsibility to keep such content from you and no liability for your access to or enrollment in any video or talk, to the extent permissible under applicable law.
You have particular risk in participating in, or taking advice from, talks, videos, or other content relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these categories of content, and by following the advice given in such content, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make relating to talks, videos, or other content relating to health, wellness and physical exercise.
When you interact directly with another user, you must be careful about the types of personal information that you share. We do not control what users do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ SuperShe users nor are we responsible or liable for any interactions you may have with them. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of users.
LIVE VIDEOS AND ACCESS
When you watch a live video, you are getting a license from SuperShe to view the video via the SuperShe Services. Videos are licensed, and not sold, to you. This license does not give you any right to distribute or resell the video in any manner (including by sharing account information or illegally downloading the video and sharing it on torrent sites).
Specifically, when you watch a video, SuperShe grants you a limited, non-exclusive, non-transferable license to access and view the videos and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the SuperShe Services, in accordance with these Terms and any conditions or restrictions associated with a particular video or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any video unless we give you explicit permission to do so in a written agreement signed by a SuperShe authorized representative.
We generally stream videos online, and do not make the video available to enrollees once the video stream has ended. We also reserve the right to revoke any license to access and use videos at any point in time in the event where we decide or are obligated to disable access to a video due to legal or policy reasons, for example, if the video you watched in is the object of a copyright complaint, or if we determine its content violates our Terms.
CONTENT WE DO NOT ALLOW ON THE SERVICES
We want our users to be able to express themselves and communicate with each other through the App, but we impose restrictions on certain types of content which:
- is violent or otherwise may offend human dignity;
- is disrespectful, harassing, abusive, insulting, threatening, discriminatory, or which promotes or encourages racism, sexism, hatred, or bigotry;
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of a crime;
- is defamatory or libelous;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from SuperShe or otherwise;
- infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights); or
- depicts another person and was created or distributed without that person’s consent.
We do not tolerate this type of content.
CONTENT AVAILABLE ON THE SERVICES
There are three types of content that you will be able to access on the Services:
- Content that you create, upload, or otherwise provide in portions of the Services visible to other users, such as product reviews, talks, pictures, and videos (“Your Content”);
- Content that other users provide (“User Content”); and
- Content that SuperShe provides (“SuperShe Content”).
Your Content; Our License to Use Your Content
Because Your Content is unique to you, you are responsible and liable for Your Content and you will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
Because SuperShe is a public community, Your Content will be visible to other users of the Website or registered users of the App, as applicable—so please make sure you are comfortable sharing Your Content. Consequently, you agree that Your Content may be viewed by other users of the Website or registered users of the App, as applicable.
License. Unless otherwise specified in a written agreement between you and SuperShe, by uploading Your Content on SuperShe, you represent and warrant to us that you have all necessary rights and licenses to do so, and you grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creative derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public Your Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign and/or sub-license this license to our partners, affiliates and successors without notice or any further consent from you.
We may remove, edit, limit or block access to any of Your Content at any time in our sole discretion.
If you choose to reveal any personal information about yourself to other users, whether via email, message board or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
Other users will also share content via the Services. You do not have any rights in relation to other users’ User Content, and you may only use other SuperShe users’ User Content within the App or Website, as applicable, to the extent that your use of it furthers SuperShe’s purpose in creating the SuperShe community.
You may not use other users’ User Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ User Content.
User Content is subject to the Digital Millennium Copyright Act. If you have a complaint about User Content, please see the Digital Millennium Copyright Act section below for more information.
Any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing in the Services are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights. All right, title and interest in and to SuperShe Content remains with us at all times.
All content, logos, graphics, pages, scripts, and service names included in or made available through the Services are subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries. SuperShe’s intellectual property may not be used without SuperShe’s written permission. All other trademarks and service marks not owned by SuperShe that appear in any part of the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SuperShe.
You may view and use the SuperShe Content for your personal information, for contributing Your Content to the Services, and for ordering and for no other purpose. Except as expressly stated herein, SuperShe does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the SuperShe Content on or transmitted through the Services.
RESTRICTIONS ON USE OF THE SERVICES
As a condition of using the Services, you agree to:
- comply with these Terms, all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- use your real name on your profile;
- keep secure and confidential your account password or any identification we provide you which allows access to the Services; and
- use the Services in a respectful manner.
As a condition of using the Services, you agree that you will not:
- act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory;
- submit or upload any content that is defamatory, harassing, threatening, bigoted, hateful, violent, disrespectful, or that harms or can reasonably be anticipated to harm any person or entity;
- misrepresent your identity, your current or previous positions, qualifications or affiliations with a person or entity;
- assign or otherwise transfer your Account to any other person or legal entity;
- authorize others to use your Account;
- copy, distribute or reproduce the Services or other SuperShe content without prior express written permission from SuperShe;
- disclose information that you do not have authority or permission to disclose;
- create or operate a pyramid scheme, fraud or other similar practice; or
- behave in an antisocial, disruptive, or destructive manner, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the internet.
SuperShe should be a welcoming experience for all of our users. Users should not do bad things to other users. Therefore, you can report any abuse or file a complaint about User Content by contacting us at firstname.lastname@example.org outlining the abuse and/or complaint.
If you say it is okay, we may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. On the App and the Website, you can accept or deny push notifications/alerts. If you do not opt in, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you.
If you no longer wish to receive push notifications/alerts from us, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at email@example.com.
In addition, you agree that if you elect to receive SMS notifications, standard messaging charges will apply.
We use Shopify to link the payment card you provide when making purchases on our Website. Payments made for subscriptions to the App are processed in accordance with the policies and procedures of the provider through which you subscribe (for example, Apple App Store, Google Play Store).
Our Terms for shipping and returns are available through this link.
The processing of payments or refunds, as applicable, in connection with your use of the Services will be subject to the terms, conditions and privacy policies of your payment card issuer in addition to these Terms. SuperShe is not responsible for any errors made by the payment processor.
Subscription Services. The SuperShe App is available only through creation of a subscription account and payment of a fee, or agreement to an initial free trial period followed by payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which will renew automatically unless otherwise disclosed to you when you pay for the Subscription Services. Subscription terms, including renewal and cancellation, are governed by your app provider, e.g., Apple App Store, Google Play, or Windows Store.
Access Restrictions. You are not authorized to access any Subscription Services unless you have opened a subscription account (including a subscription account with an initial free trial) and paid the appropriate fee (if any), and have set up access credentials (e.g., a login and password), and are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.
Age and Billing Authorization. By subscribing to a Subscription Service, you confirm that you are at least 18 years of age, that all information you submit is true and correct (including all credit card information), and that you are the authorized holder of the credit card.
Fees. You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. SuperShe and/or the particular service provider reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.
Mobile Access. Some Subscription Services are accessible only using a particular kind of device. You should investigate Subscription Services before you pay for access to them to ensure that they will work with your device because we will not refund any fees you paid if the Subscription Services to which you subscribe are not compatible. Also, certain Subscription Services may not be available for use in every jurisdiction, and we will not refund any fees you paid if the Subscription Services to which you subscribe are not available. For information on compatibility and availability, please visit the applicable provider’s website or contact us at firstname.lastname@example.org before you subscribe.
Suspension or Termination. We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the term during which termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.
Cancellation. To cancel your subscription to Subscription Services, you must follow the procedures described on the applicable provider’s website, e.g., Apple App Store, Google Play, or Windows Store. If we do not list cancellation procedures for a particular Subscription Service, you must contact us at email@example.com. We do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason.
DISCLAIMER AND LIMITATION OF LIABILITY
THE SERVICES, SUPERSHE CONTENT, AND USER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR THAT YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE SERVICES, SUPERSHE CONTENT, ANY USER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SUPERSHE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. SUPERSHE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS.
WE NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES, SUPERSHE CONTENT, OR ANY USER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY FOR FINANCIAL OBLIGATIONS OF ANY KIND SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. WE WOULD NOT PROVIDE THE SERVICES WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
All the actions you make and information you post on the Services remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or incurred by us arising as a result of, or in connection with:
- your acts, omissions or willful misconduct;
- your access to and use of the Services;
- your uploading or submission of Your Content to the Services;
- any breach of these Terms by you; and/or
- your violation of any law or any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.
DISPUTE RESOLUTION AND CLASS ACTION WAIVER
Any dispute relating in any way to your visit to, or use of, the Services or otherwise relating to this Agreement (“Disputes”) shall be submitted to confidential arbitration in Seattle, Washington, USA and shall be governed exclusively by the laws of the State of Washington, excluding its conflict of law provisions.
If a Dispute arises under this Agreement, you agree to contact us at firstname.lastname@example.org. Before formally submitting a Dispute to arbitration, you and SuperShe may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or SuperShe may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms and is hereby expressly excluded.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR SUPERSHE WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
DIGITAL MILLENNIUM COPYRIGHT ACT
SuperShe has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any User Content or SuperShe Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
All DMCA Takedown Notices should be sent to email@example.com.
These Terms, which we may amend from time to time, constitute the entire agreement between you and SuperShe. Except as expressly stated herein, the Terms supersede all previous agreements, representations and arrangements between us (written or oral). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from SuperShe is free of viruses or other harmful components. You accept that the Services will not be provided uninterrupted or error free, that defects may not be corrected or that the Services, or the servers that makes them available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. SuperShe is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but not limited to, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
If, for any reason, any of these Terms are declared illegal, invalid or otherwise unenforceable by a court of competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remainder of these Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under these Terms shall operate as a waiver of such right or acceptance of any variation of these Terms, nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Services, you agree and acknowledge that the Services are global, operating through servers located in the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information or by making use of the Services, you agree to the transfer of your personal information to, and storage and processing of your personal information in, the United States.
THIRD PARTY WEBSITES
The Services may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the Services are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Your access to the Services are governed and interpreted according to the laws of the State of Washington, without regard to its conflict of law provisions. By using the Services, you consent to the exclusive jurisdiction of the courts of the United States and the state of Washington. You agree that such courts shall have in personam jurisdiction and venue and you agree to waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.
The Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them. Mobile devices and/or mobile apps may be subject to additional terms and conditions from e.g., the mobile device manufacturer or the app store provider.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SuperShe’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Your use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple.
This Agreement is between you and SuperShe only, not with Apple, and Apple is not responsible for the App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services.
Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the App infringe that third party’s intellectual property rights.
You agree to comply with any applicable third party terms when using the Services. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Any questions about these Terms should be submitted to firstname.lastname@example.org.