Superpower Health, Inc. (“Superpower,” “we,” or “us”) owns and operates the websites located at superpower.com and other related websites and platforms and may own and/or operate a “Superpower” mobile application (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Superpower, and any affiliated website, software or application owned or operated by Superpower (collectively, including the Platform and the Content, the “Service”) are governed by these Terms of Service (“Terms of Service” or “Agreement”). Although accessible by others, the Service is intended for access and use only by U.S. customers.
Please read this Agreement carefully before accessing or using the Service because it sets forth the important terms you will need to know about the Service. In this Agreement, the terms “you” and “yours” refer to the person using the Service.
THE SERVICE IS NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS AND IS DESIGNED FOR HEALTH OPTIMIZATION AND WELLNESS ONLY. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.
THIS AGREEMENT IS SUBJECT TO CHANGE AS PROVIDED HEREIN. If we need to change the terms of this Agreement in the future, we will post the updated Terms of Service through our Platform and update the “Last Updated and Effective” date to reflect the date of the changes. By continuing to access or use the Service after we post such changes, you agree to the terms of this Agreement, as modified.
Acceptance of Terms of Service
Your access to and use of the Superpower Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to be bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or Content provided through the Service, except as necessary to review this Agreement. The Superpower Service is continually under development, and we reserve the right to revise or remove any part of the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of our Service.
Your Relationship with Superpower and Services
Superpower is a technology company that makes available to individuals who register as users of the Service (“Users”) convenient and streamlined access to certain products and services sold or offered by Superpower or by third-party medical providers, lab testing companies, pharmacies, and other vendors. Superpower helps coordinate with the providers, phlebotomists, laboratories, pharmacies, and other health and wellness services, and provides informational content relating to wellness, diet, and lifestyle to help you take ownership of your healthcare journey via the Platform.
Our Service provides access to:
Third-party phlebotomists to draw your blood (“Phlebotomists”), and third-party laboratory testing services so that you can request blood testing and other lab testing (e.g., breath, saliva, urine, and stool), including allergy, food sensitivity and genetic testing, to evaluate your health biomarkers (“Labs”),
Superpower’s marketplace (powered by Shopify) to purchase health related products,
Telehealth services provided by one or more third-party medical groups (“Medical Groups”) who can provide healthcare services to you through the Platform. These Medical Groups employ or contract with licensed physicians and allied health professionals (“Healthcare Providers”) who can consult with you through the Platform to interpret and review your Labs;
Following appropriate intake and review by a Healthcare Provider through the Platform, prescription ordering and fulfillment services offered by several third-party pharmacies (the “Pharmacies”);
Other third-party providers of health and wellness services, including, without limitation, VO2 max testing, DEXA scans and full body MRI.
Additionally, you will be able to input information about your lifestyle, health, nutrition, your past laboratory data, and receive non-medical educational information regarding your health data. You can also choose to connect your wearable devices to upload your biometric data to the Platform.
With respect to the Phlebotomists, Labs, Pharmacies, the Medical Groups and the Healthcare Providers, we act solely as a technology platform to connect you with the products and services offered by the Phlebotomists, Labs, Pharmacies, Medical Groups and Healthcare Providers through the Service. We do not control or influence the practice of medicine by the Medical Groups or any Healthcare Providers, each of whom is solely responsible for the medical care and treatment he or she provides to you. Superpower makes no representations or warranties about the suitability, reliability, timeliness or accuracy of the medical care and treatment provided by the Medical Groups or any Healthcare Providers. By accepting this Agreement, you acknowledge and agree that Superpower is not a healthcare provider and that by using the Service, you are not entering into a doctor-patient or other health care provider-patient relationship with Superpower.
Additionally, you acknowledge and agree that any services you receive from Phlebotomists, Labs, Pharmacies, Medical Groups or Healthcare Providers through the Platform are also subject to this Agreement, and that Phlebotomists, Labs, Pharmacies, Medical Groups and Healthcare Providers are third-party beneficiaries of this Agreement.
By accepting this Agreement, you acknowledge and agree that the Medical Groups and/or Healthcare Providers may send you messages, reports, and emails via the Service regarding your diagnosis and/or treatment. You further understand and agree that it is your sole responsibility to monitor and respond to these messages, reports, and emails and that neither Superpower nor the Medical Group nor any Healthcare Provider will be responsible in any way and you will not hold Superpower, Medical Group or any Healthcare Provider liable for any loss, injury, or claims of any kind resulting from your failure to read or respond to these messages or for your failure to comply with any treatment recommendations or instructions from the Medical Group or your Healthcare Provider(s).
While you are not establishing a doctor-patient or other health care provider-patient relationship with Superpower, by using the Service, you are establishing a direct customer relationship with Superpower to use the Platform and to purchase any non-prescription products or non-medical services sold directly to you by Superpower through the Platform. In connection with such relationship, you may provide to us, or cause to be provided to us on your behalf, personal information, including health information, that is subject to use by us in accordance with our Privacy Policy. Please refer to the “Privacy Policy” section and the “Protected Information” section below for additional information.
NO MEDICAL ADVICE FROM SUPERPOWER
YOU UNDERSTAND THAT SUPERPOWER DOES NOT PROVIDE MEDICAL ADVICE AND WILL NOT PROVIDE A DIAGNOSIS, OR MEDICAL TREATMENT.
IF YOU THINK YOU MAY HAVE A MEDICAL CONDITION OR ISSUE YOU AGREE TO CONSULT YOUR HEALTHCARE PROFESSIONAL. YOU UNDERSTAND THAT THERE WILL BE NO PROVIDER-PATIENT RELATIONSHIP FORMED WITH SUPERPOWER VIA YOUR USE OF THE PLATFORM. OUR SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL MEDICAL CARE. YOU SHOULD NOT DELAY TREATMENT OR ADVICE BY YOUR MEDICAL PROFESSIONAL BASED ON INFORMATION PROVIDED VIA THE PLATFORM.
YOU AGREE TO SEEK ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL PRIOR TO USING OUR PLATFORM AND SERVICES. YOU SHOULD NOT INTERPRET ANY INFORMATION PROVIDED THROUGH THE PLATFORM, MEDICAL GROUPS, HEALTHCARE PROVIDERS, OR YOUR LABORATORY RESULTS AS A REPLACEMENT FOR PRIMARY CARE OR OTHER MEDICAL SPECIALISTS. THE HEALTHCARE PROVIDERS ARE NOT PROVIDING PRIMARY CARE SERVICES AND THE HEALTHCARE SERVICES PROVIDED VIA THE PLATFORM ARE LIMITED IN SCOPE.
WE DO NOT HANDLE MEDICAL EMERGENCIES. IF YOU ARE CONCERNED THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 9-1-1 IMMEDIATELY.
DISCLAIMER OF LIABILITY FOR MEDICAL GROUP SERVICES
MEDICAL GROUPS ARE THIRD-PARTY PROVIDERS OF HEALTHCARE SERVICES. SUPERPOWER HAS NO RESPONSIBILITY OR LIABILITY FOR HEALTHCARE SERVICES PROVIDED BY A MEDICAL GROUP OR ANY HEALTHCARE PROVIDER. SUPERPOWER DOES NOT INTERFERE WITH THE PRACTICE OF MEDICINE OR ANY OTHER LICENSED PROFESSION, AND SUPERPOWER DOES NOT HAVE CONTROL OVER THE HEALTHCARE PROVIDERS. EACH MEDICAL GROUP MAY CHANGE OR DISCONTINUE ITS HEALTHCARE SERVICES AT ANY TIME, AND SUPERPOWER HAS NO OBLIGATION TO PROVIDE NOTICE TO YOU. SUPERPOWER HEREBY DISCLAIMS ANY LIABILITY FOR ANY HEALTHCARE SERVICES PROVIDED BY A MEDICAL GROUP AND OBTAINED THROUGH THE SUPERPOWER SERVICES.
Limited Use and Availability
Certain portions of our Service are currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the Service, and (c) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.
Certain products available through the Service are subject to additional age restrictions, and not all products or services on our Platform are available to all ages.
Notice Regarding Your Financial Responsibility for Services; No Insurance or MedicareSuperpower and the Medical Groups are not enrolled with, and are not participating providers with, any federal, state, or private payor healthcare programs (i.e., Medicare, Medicaid) for the provision of any healthcare services or supplies and, as such, neither you nor Superpower or the Medical Groups may receive payment from such programs for the services or products provided to you by Superpower or the Medical Groups. Further, to the extent that any of the Labs, Pharmacies, or Healthcare Providers may be enrolled in federal, state, or private payor healthcare programs, the means through which the services and products are provided or made accessible through the Service typically precludes such services and products from being covered benefits under these programs. The healthcare services provided by the Healthcare Providers through the Platform are not medically necessary services and are solely for health optimization and wellness. By choosing to use the Service, you are specifically choosing to obtain products and services on a cash basis outside of any federal, state, or private payor healthcare program. Thus, you are solely responsible for the costs of any service or product provided to you.
By agreeing to use the Service, you acknowledge and agree that (1) you are explicitly choosing to obtain products and services on a cash basis outside of any federal, state or private payor healthcare program and you have sole financial responsibility for all services or products provided to you by or through the Service, and (2) neither you nor Superpower, the Labs, the Pharmacies, the Medical Groups or the Healthcare Providers will submit a claim for reimbursement to any federal, state, or private payor healthcare program for the costs of the services and products provided to you through the Service.
Payment and Billing
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor, Stripe) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by emailing hello@superpower.com.
You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount.
Fee Transparency
Superpower provides administrative, technology, and billing coordination and support for the Phlebotomists, Labs, Pharmacies, and Medical Groups and their Healthcare Providers to provide convenient and streamlined access to these third-party services. Superpower does not receive any compensation for the services provided by the Phlebotomists, Labs, Pharmacies, and Medical Groups. You understand that Superpower is collecting your Subscription fee as well as one-time fees for services of third-party Medical Groups, Phlebotomists, Labs, Pharmacies, and third-party providers and is passing through the full amounts attributable to each of the services directly to such third party providers as paymaster, as shown on your invoice. You understand that Superpower does not retain any portion of the Subscription fee for clinical services and will only retain the portion attributable to Superpower’s SaaS platform and non-clinical services. By using the Platform and Services, you agree that you understand and authorize payment of these fees.
Superpower Membership and Subscription Products and Services
When you register for a membership with Superpower to have access to the Platform (“Membership”), you expressly acknowledge and agree that (a) your Membership automatically renews and Superpower (or our third-party payment processor) is authorized to charge you on an annual basis for your Membership (in addition to any applicable taxes and other charges) for as long as your Membership continues, and (b) your Membership continues to automatically renew until you cancel it or we suspend or stop providing access to the Platform in accordance with these Terms of Service. Your Membership type, current price, payment method, and next billing date will be confirmed in an acknowledgement email after you register. You will also receive a payment receipt each time your card on file is charged. When you register for an annual Membership, you understand and agree that you are obligated to an initial one-year, non-cancellable period (“Non-Cancellable Period”). Effective after the Non-Cancellable Period, you may opt-out of any renewal annual Membership at least 72 hours prior to the renewal date to avoid being charged for the subsequent billing cycle. Cancellations made within this timeframe will take effect immediately, and the member will not be charged for the upcoming renewal period. We reserve the right to change Membership prices or this Membership policy at any time at our sole discretion. If prices or material terms of this Membership policy are changed, you will be notified by email prior to the change, and the change will not apply to any Memberships within the one-year minimum period.
Additionally, certain products or services available for purchase through the Service may allow you to purchase on a one-time or on a subscription basis. For subscription-based products, your payment method on file will be automatically charged at regular intervals as described for that product or service during the checkout process. You may cancel a subscription at any time up to 72 hours before the applicable monthly processing date of your subscription by emailing hello@superpower.com.
In order to simplify the User experience on the Platform, you will only see and be required to pay a single “total” subscription price for certain products and services. However, if a subscription product you purchase requires a consultation with a Healthcare Provider and/or includes a prescription product that you fill through one of the Pharmacies, then the total price you pay includes the amount charged by the Pharmacy for the prescription drug and the amount charged by the Medical Group for the services of the Healthcare Provider, as well as the amount we charge for use of and access to the Platform. We collect the amounts charged by the Pharmacies and the Medical Groups on behalf of the Pharmacies and Medical Groups and pass the applicable amounts through to them.
Cancellation & Refund Policy
Membership Fees:
All membership fees are non-refundable. Once payment is processed, it cannot be refunded for any reason, although we may provide refunds on a case-by-case basis in our sole and absolute discretion. If you have any questions or concerns about membership refunds, you can contact our customer service team at hello@superpower.com.
Membership Cancellation Procedure:
Members wishing to cancel their membership must do so at least 72 hours prior to the renewal date to avoid being charged for the subsequent billing cycle. Cancellations made within this timeframe will take effect immediately, and the member will not be charged for the upcoming renewal period. For cancellation requests, members can contact our customer service team at hello@superpower.com. Our support representatives will assist in processing the cancellation and provide any necessary guidance. Please note that failure to cancel within the specified timeframe will result in the automatic renewal of the membership for the subsequent billing period, and the associated fees will be charged accordingly.
We reserve the right to modify or update this cancellation policy at any time without prior notice. It is the responsibility of the member to review this policy periodically for any changes or updates.
Third Party Products & Services:
Due to the varied nature of third party products and services available on the platform, cancellation and refund terms for individual products and services are dependent on the product or service purchased and the terms will be presented to you in the platform for review prior to payment.
EXCEPT AS OTHERWISE SET FORTH IN ANY RETURN OR REFUND POLICY PROVIDED TO YOU ON THE PLATFORM AND AS EXPLAINED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT DUE TO THE NATURE OF THE PRODUCTS AND SERVICES PURCHASABLE THROUGH THE PLATFORM, ANY APPLICABLE FEES AND OTHER CHARGES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES.
Phlebotomy (Blood Draw) and Lab Testing Services
Superpower does not provide phlebotomy services and will not perform your blood draws, but will provide you access to and coordinate with GetLabs, an independently operated and unaffiliated company that will send phlebotomists to your location to draw your blood. By using the Services and providing Superpower with your desired location, you authorize us to request that GetLabs draw your blood from that location. You understand that Superpower does not have any control over the operations of GetLabs and that we will not be liable for any actions or inactions performed by Get Labs. By using our Services, you understand that the terms and conditions and privacy policy of GetLabs will apply to services performed by Get Labs.
You understand that GetLabs will draw at least ten vials of blood. You understand that blood-based laboratory testing requires obtaining a blood sample, which could result in bruising, hematoma, infection, lightheadedness, bleeding, fainting, and discomfort. You agree to consult with your medical provider in advance of using our Services.Superpower does not own or operate a laboratory. All laboratory testing services will be performed by Labcorp, Quest Diagnostics, or other third-party laboratory testing services, each of which is an independently owned and unaffiliated laboratory. By using our Services, you understand that the terms and conditions of the applicable laboratory apply to services performed by such laboratory. You understand that Superpower does not have any control over the operations of LabCorp or Quest Diagnostic or any other laboratory testing service and that we will not be liable for any actions or inactions performed by LabCorp or Quest Diagnostic or any other laboratory testing service. By using our Services, you understand that the terms and conditions and privacy policy will apply to services performed by such laboratory, as applicable.
Quest Diagnostic will apply to services performed by such laboratory, as applicable.
Accessing Lab Tests on the Platform:
You will receive your Lab results via the Platform, and any abnormal results will be flagged. Superpower and/or a third-party Medical Group will make all reasonable efforts to notify you of abnormal or critical lab values via the Platform and by email and/or phone contact. You are responsible for checking your laboratory results and completing any necessary follow up with your primary care provider. You understand that the process of viewing your laboratory results is irreversible, potentially life altering and might cause distress and anxiety. You agree that you will discuss whether it is appropriate to use our services with your medical professional in advance. You understand that by sharing your laboratory results with healthcare providers that such information may become part of your medical record and therefore accessible by other healthcare providers and insurance providers.
Prescription Products
Certain products available through the Platform require a valid prescription by a licensed healthcare provider. You will not be able to obtain a prescription product unless you have completed a consultation with one of the Healthcare Providers through the Platform, the Healthcare Provider has determined the prescription product is appropriate for you and the Healthcare Provider has written a prescription.
If a Healthcare Provider determines a prescription product is appropriate for you and writes you a prescription, you may fill it through one of the Pharmacies by using the Platform, or you may fill the prescription at any pharmacy of your choice as prompted during your use of the Service or by emailing hello@superpower.com. Prescriptions fulfilled by the Pharmacies do not use child-resistant packaging and prescription products will not be dispensed in child-resistant containers.
If you request that a Healthcare Provider send your prescription to your preferred pharmacy, then you are responsible for picking up or arranging for delivery of the medication. You are also aware that some compounded prescriptions may not be available at your preferred pharmacy. You are responsible for providing the dispensing pharmacy with your health insurance information and for paying any charges due for medication, including co-pay, co-insurance, deductible, and all associated fees arising as a result of the prescription.
Genetic Testing
You may access certain genetic tests via the Platform. Once you obtain your Genetic Information, the knowledge is irrevocable. You should not assume that any information provided to you, whether now or as genetic research advances, will be welcome or positive. As research advances, you may need to obtain further services from your physician, a genetic counselor, or other healthcare provider. We encourage you to talk to a genetic counselor to help you understand your results and testing options.
Some people feel a little anxious about getting genetic health results and you may learn information about yourself that you do not anticipate. This is normal. If you feel very anxious, you should speak to your physician or a genetic counselor prior to collecting your sample for testing. Additionally, you may discover things about yourself that trouble you and that you may not have the ability to control or change (e.g., your father is not genetically your father, surprising facts related to your ancestry, or that someone with your genotype may have a higher than average chance of developing a specific condition or disease).
The laboratory may not be able to process your sample, and the laboratory process may result in errors. The laboratory may not be able to process your sample if your sample does not contain a sufficient volume of DNA.
Genetic tests are not intended to tell you anything about your current state of health, or to be used to make medical decisions, including whether or not you should take a medication, how much of a medication you should take, or determine any treatment.
If you have concerns or questions about what you learn, you should contact your physician or other healthcare provider before making any lifestyle changes. Please note that genetic risk assessment is not applicable to results of carrier screening tests.
Telehealth Services Consent
Telehealth involves the delivery of healthcare services using electronic communications, information technology or other means between a healthcare provider and a patient who are not in the same physical location. While the provision of health care services using telehealth may offer certain potential benefits, there are also potential risks associated with the use of telehealth. Telehealth services are not a substitute for in-person health care in all cases. In order to use the Service, you will be required to review and agree to an informed consent regarding the use of telehealth (the “Patient Consent”) that will be provided to you by the Medical Groups and Healthcare Providers through the Platform. You agree that Superpower is a third-party beneficiary of the Patient Consent and has the right to enforce it against you.
In some cases, the Service may not be the most appropriate way for you to provide information to, communicate with, or seek medical care and treatment from a healthcare provider. For example, certain medical conditions may require an in-person examination or procedure or a healthcare provider other than a Healthcare Provider through the Platform, or your Provider may determine that your diagnosis and/or treatment requires an in-person office visit or are otherwise not appropriately addressed through use of the Service. In such a case, you may receive notification stating that you will be unable to use the Service for the particular issue you submitted and providing additional information regarding next steps.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER BEFORE DECIDING TO START, ALTER, OR DISCONTINUE ANY COURSE OF CLINICAL TREATMENT OR THERAPY, OR FOR ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION, YOUR DIET, OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. DO NOT USE THE SERVICE AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER MEDICAL SPECIALISTS, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICE.
Privacy Policy
Superpower understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information that you provide to Superpower.
Protected Information
When you set up an account with Superpower, you are creating a direct customer relationship with Superpower that enables you to access and/or utilize the various functions of the Service as a User. As part of that relationship, you provide information to Superpower, including but not limited to your name, email address, billing address, phone number, date of birth, and shipping address, all of which that we may collect, use and disclose in accordance with our Privacy Policy, and that we do not consider to be “health” or “medical” information.
However, in using certain components of the Service, you may also provide certain medical information that may be protected under applicable laws. Superpower is not a “covered entity” under the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”). One or more of the Labs, Pharmacies or Medical Groups may or may not be a “covered entity” or “business associate” under HIPAA, and Superpower may in some cases be a “business associate” of a Lab, Pharmacy or Medical Group. It is important to remember that, while state-specific privacy laws may apply, HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to your transactions or communications with Superpower, the Medical Groups, the Healthcare Providers, Labs, or the Pharmacies. To the extent Superpower is deemed a “business associate” however, and solely in its role as a business associate, Superpower, may be subject to certain provisions of HIPAA with respect to “protected health information,” as defined under HIPAA, that you provide to the Medical Group (“PHI”). In addition, any medical or health information that you provide that is subject to specific protections under applicable state laws (collectively, with PHI, “Protected Information”), will be used and disclosed only in accordance with such applicable laws. However, any information that does not constitute Protected Information under applicable laws may be used or disclosed in any manner permitted under our Privacy Policy. Protected Information does not include information that has been de-identified in accordance with HIPAA.
The Medical Groups and Healthcare Providers have adopted a Medical Group Notice of Privacy Practices that describes how they use and disclose Protected Information.
By accessing or using any part of the Service, you are acknowledging receipt of the Medical Group Notice of Privacy Practices from the Medical Group and Provider(s).By using the Service, you are agreeing that even if HIPAA does apply to Superpower, the Medical Groups, the Healthcare Providers, Labs or the Pharmacies, any information that you submit to Superpower that is not intended and used solely for the provision of diagnosis and treatment by the Medical Group and Healthcare Providers or prescription fulfillment by the Pharmacies, is not considered Protected Information, and will only be subject to our Privacy Policy and any applicable state laws that govern the privacy and security of such information.
Registration; User Accounts, Passwords, and Security
You are obligated to register and set up an account in the Platform in order to access the Service, and the Service is available only to Users who have registered and have been granted accounts with usernames and passwords. You agree to accurately maintain and update any information about yourself that you have provided to Superpower, the Medical Groups or their Healthcare Providers, Labs, or the Pharmacies. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Superpower of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing Superpower at hello@superpower.com. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Superpower explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.
When establishing an account, you will be required to provide a username and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.
You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. Superpower may investigate any alleged or suspected violations and if a criminal violation is suspected, Superpower may cooperate with law enforcement agencies in their investigations.
Superpower Marketplace
Superpower Users will be able to buy health related products including dietary supplements in the Superpower marketplace that will be powered by Shopify. When using the Superpower marketplace powered by Shopify, you are also subject to Shopify's privacy policy and terms which can be found at the following links: https://www.shopify.com/legal/privacy and https://www.shopify.com/legal/terms. You will have the ability to buy one time or set up recurring subscriptions for products through the marketplace. Please see the terms above relating to recurring subscriptions.
Duty to Provide Information, Access, and ConnectivityYou are responsible for providing and maintaining, at your own risk, option and expense, appropriate software and hardware capabilities (consistent with any technical, quality or other requirements described in the Service) to enable use of the Service, including but not limited to, a computer or mobile device with a video camera and Internet access. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service. You also have a duty to provide truthful, accurate and complete information in any forms or other communications you submit to or through the Service. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Service at any time without prior notice.
Use and Ownership of the Service
Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to your compliance with this Agreement, Superpower grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal use. Unless otherwise specified by Superpower in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by Superpower. You agree that Superpower and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Superpower’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Superpower and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.
License to Information Submitted via the Service
Subject to any limitations on PHI described below, any information you transmit to Superpower via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you grant Superpower a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating and providing the Service to you and to our other users. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Submissions has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Superpower, are responsible for all of the Submissions that you provide to the Service. In addition to the foregoing, Superpower shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Superpower deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission. Moreover, to the fullest extent permitted by applicable laws and regulations, Superpower shall have the right to use patient-reported data, including, without limitation, Submissions that you provide to Superpower on an aggregated and anonymized basis to analyze reported outcomes and behaviors in order allow Superpower to: (i) inform prescribing best practices, (ii) improve predictive longevity modeling, and (iii) produce product recommendations that might be shared with third parties. Superpower also reserves the right, subject to applicable laws and regulations, to share aggregated and de-identified patient-reported data with academic and research institutions or to use such data in its own academic or research publications at the sole discretion of Superpower.
Prohibited Use
Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Superpower to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Superpower, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Superpower representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) delete or revise any material posted by any other person or entity; (k) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (m) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (n) harvest or otherwise collect information about others, including email addresses; (o) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; or (p) assist or permit any person in engaging in any of these activities.
Superpower reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Superpower may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.Except as may be provided in the Privacy Policy or prohibited by applicable law, Superpower reserves the right at all times to disclose any information as Superpower deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Superpower’s sole discretion.
Right to Monitor
Superpower reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Superpower’ sole discretion, may be illegal, may subject Superpower to liability, may violate this Agreement, or are, in the sole discretion of Superpower, inconsistent with Superpower’s purpose for the Service.
Third-Party Goods and Services
Parties other than Superpower, including Phlebotomists, Labs, Pharmacies, Medical Group and Healthcare Providers (collectively, “Third-Parties”) provide services or sell products through the Service, and Superpower may also make available to you for purchase certain services, devices, items or products manufactured, distributed or sold by Third-Parties (“Third-Party Goods and Services”). Your use of any Third-Party Goods and Services and any interactions with Third-Parties, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such use or interactions, are solely between you and such Third-Parties. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction involving Third-Parties or any Third-Party Goods and Services. You are solely responsible for, and shall exercise caution, discretion, common sense and judgment in, using the Service and disclosing personal information.
You agree that Superpower shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of the Platform, any Third-Party Goods and Services or your interactions with any Third-Parties. In the event of any dispute between you and any Third-Party, any other User or any other entity or individual, you understand and agree that Superpower is under no obligation to become involved in such dispute, and you hereby release and indemnify Superpower, its affiliates and all of their respective contractors, directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “Superpower Parties”) from any and all claims, demands and/or damages (actual or consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes or the Service or the features and services therein. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Certain of Superpower’s shareholders, directors, officers, employees, contractors or agents (collectively, “Superpower Owners and Personnel”) may have a financial interest in one or more Third-Parties and may profit from your use of the Third-Parties and/or the sale of Third-Party Goods and Services to you.
Terms of Sale
All products offered for sale by Superpower are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Service. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Only valid payment methods acceptable to us may be used to complete a purchase via the Service. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
You agree to pay any shipping and handling charges, if any, shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Service, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.We reserve the right to remedy User issues and concerns on a case–by-case basis.
We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.
In connection with any purchase you make through the Service, you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number and/or your email address. By submitting such information, you grant Superpower without charge the irrevocable, unencumbered, universe-wide and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Service, sellers on the Service) for the purpose of facilitating the transaction.
All credit card, debit card and other monetary transactions on or through the Service occur through an online payment processing application(s) accessible through the Service. This online payment processing application(s) is provided by Superpower’ third-party online payment processing vendor, Stripe (“Stripe”). Additional information about Stripe, its privacy policy and its information security measures (collectively, the “Stripe Policies”) should be available on the Stripe website located at or by contacting Stipe directly. Reference is made to the Stripe Policies for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy. Superpower’s relationship with Stripe, if any, is merely contractual in nature, as Stripe nothing more than a third-party vendor to Superpower, and is in no way subject to Superpower’ direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint venturers or the like.
Termination
Superpower may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, if our agreement with the Phlebotomists, Labs, Medical Groups or Pharmacies is terminated or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitation of liability, arbitration and resolution of Disputes, indemnity and jurisdictional issues shall survive any such termination or any other termination of this Agreement or your relationship with Superpower. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Superpower Parties harmless from any and all liability that any such Superpower Parties may incur with respect thereto.
Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, any information your Providers provided to us about or relating to you, or any other information that we may have that relates to you.
Disclaimers
Content and other information contained on the Service is provided by Superpower as a convenience. Users relying on Content or other information from the Service do so at their own risk.
Talk to your Healthcare provider. Superpower does not endorse, warrant or guarantee the effectiveness of any specific course of action, resources, tests, physician or other healthcare providers, or other products, procedures, opinions, or other information that may be mentioned on the Platform. If we provide any recommendations and/or potential ways to take action for your health, this information is intended for informational purposes only and for discussion with your physician or other healthcare provider. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. Reliance on any information provided by Superpower is solely at your own risk.
THE SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. THE SUPERPOWER PARTIES AND EACH THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, PHLEBOTOMISTS, LABS AND THE PHARMACIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO the SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH the SERVICE OR THE PLATFORM. SUPERPOWER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. SUPERPOWER DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SUPERPOWER PARTIES OR ANY THIRD-PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, INCLUDING THE MEDICAL GROUPS, THE PROVIDERS, PHLEBOTOMISTS, LABS AND PHARMACIES, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY SERVICES PERFORMED BY ANY HEALTH CARE PROVIDERS THAT YOU CONNECT WITH VIA THE SERVICE (INCLUDING CLAIMS OF MEDICAL MALPRACTICE AGAINST THOSE HEALTH CARE PROVIDERS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR MALPRACTICE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPERPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUPERPOWER PARTIES SHALL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.
ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT WE MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold the Superpower Parties and any third-party offering products or services through the Service, including the Medical Groups, Healthcare Providers, Phlebotomists, Labs and Pharmacies, harmless from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of these Terms of Service or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us.
Digital Millennium Copyright Act PolicyThe Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on this Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Web site, currently located at http://www.loc.gov/copyright. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to compliance@superpower.com.
Notices
Any notices to you from Superpower regarding the Service or this Agreement may be made by email, a posted notice on the Platform, or regular mail, in the sole discretion of Superpower.
Electronic Communications: Communications by Text Message and Email
When you access or use the Service or send emails or text messages to us, the Medical Group or their Healthcare Providers, you are communicating with us, the Medical Groups and their Healthcare Providers electronically and you consent to receive communications from us, the Medical Groups and their Healthcare Providers electronically. We will communicate with you via email or via SMS text message.
By choosing to use the Superpower Platform and its Services, you are opting-in to send and receive text (SMS) messages to and from Superpower, the Medical Groups and their Healthcare Providers (an “SMS Enrollment”), and you consent to receiving text messages regarding your Superpower account, use of the Platform, the Services and your Protected Information. These text messages may include appointment reminders, discussions form your Healthcare Provider pertaining to medical services rendered, lab test results, order confirmations, shipping notifications, and other messages from your Healthcare Provider, and other transactional messages, as well as promotional and marketing notifications from Superpower. Superpower uses an encrypted text messaging system (encrypted on the Superpower side), but it is not HIPAA compliant and is not secure on your end.
With your SMS Enrollment, you represent and understand that: (1) you are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment, (2) you are authorized to approve any applicable charges in connection with the text messages you send to and receive from Superpower or the Healthcare Providers, (3) you will be responsible for all messaging and other data charges that may apply for any text messages sent between you and Superpower or the Healthcare Providers, and (4) neither Superpower, the Medical Groups, the Healthcare Providers, nor your or Superpower’s mobile carriers or service providers, will be liable for delayed or undelivered messages.
Note that access to many of the Services, including medical services, on the Platform is conditioned upon your consent to receive text messages related to your Superpower account and Protected Information as noted above, but it is not conditioned upon your consent to marketing or promotional text messages from Superpower, and you can opt-out of any of Superpower’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from Superpower, you will need to opt-out of each Superpower SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from Superpower that you have opted-in to receive but have not unsubscribed from.
You also understand that while Superpower takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages may be encrypted on the Superpower side only, and emails that you send to or receive from Superpower are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to Superpower and the Healthcare Providers, and receiving text messages from Superpower and the Healthcare Providers, that are not fully encrypted. Likewise, by providing your email address on our Platform with or without creating an account, you consent to receiving unencrypted emails messages from Superpower.
If you are experiencing any issues with Superpower’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at compliance@superpower.com. If you have questions specific to your text or data plan, please contact your wireless provider.
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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Service.
Entire Agreement
This Agreement and any other agreements Superpower may post on the Service constitute the entire agreement between Superpower and you in connection with your use of the Service and supersede any prior agreements between Superpower and you regarding use of the Service, including prior versions of this Agreement.
Binding Arbitration / Class Waiver
YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN YOU AND SUPERPOWER OR YOU AND ANY OF THE SUPERPOWER PARTIES OR ANY MEDICAL GROUP OR HEALTHCARE PROVIDER ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO SUPERPOWER, THE PLATFORM, THE CONTENT OR THE SERVICE, OR ANY OTHER SUPERPOWER GOODS, SERVICES OR ADVERTISING, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THIS AGREEMENT (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA’S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case Superpower will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. Superpower also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration shall be conducted in Los Angeles, California, except that, in the event Los Angeles, California is not within 100 miles of your residence, the arbitration may be conducted within 100 miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and Superpower agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Los Angeles, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration as long as such action remains in such court and advances only on an individual (non-class, non-representative) basis.
ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. NO PARTY MAY BRING ANY CLAIM SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT AS A PRIVATE ATTORNEY GENERAL, IN A REPRESENTATIVE CAPACITY, OR AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING. THE CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE JOINED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. NO ARBITRATION SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER ARBITRATION. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). If a decision is issued stating that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or request for relief, then such claim or request for relief (and only that claim or request for relief) shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Los Angeles, California, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this paragraph.
You can opt out of the provisions of this Agreement that require the arbitration of Disputes within 30 days of the date that you first agree to any version of this Agreement that requires arbitration of disputes with Superpower. To opt out, you must send your name, residence address, and email address together with a clear statement that you want to opt out of the requirement to arbitrate disputes with Superpower to: compliance@superpower.com, ATTN: Arbitration Opt-Out.
Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your name, residence address, username (if applicable) and email address associated with your User account (if applicable), a detailed description of the Dispute, and the relief you seek. Before we commence arbitration of a Dispute against you, we will provide a written Notice of Dispute to you with a detailed description of the Dispute and the relief we seek. Any Notice of Dispute you send to us should be emailed to compliance@superpower.com, ATTN: Dispute Notice. If we are unable to resolve a Dispute within 30 days after the applicable Notice of Dispute is received, either party may commence arbitration. Notwithstanding anything to the contrary in this Agreement, if we make any future material modification to any provisions of this Agreement that govern the arbitration or resolution of Disputes, such changes will not apply to any Dispute between you and us for which either party had previously provided a written Notice of Dispute to the other in accordance with this paragraph. Further, if we make any future material changes to the provisions of this Agreement that govern the arbitration or resolution of Disputes, you may reject such changes by sending a written notice of your rejection decision to us at compliance@superpower.com, ATTN: Arbitration Opt-Out within 30 days of the effective date of such modifications.
Governing Law; Venue; Severability of Provisions
This Service is controlled and operated by Superpower from our offices within California. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.
The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of California, without regard to any conflicts of law provisions.All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.
No Other Relationship
Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Superpower, the Medical Groups, the Healthcare Providers, Phlebotomists, Labs or the Pharmacies. You may not enter into any contract on our behalf or bind us in any way.
Assignment
You may not assign any of your rights under this Agreement, and any such attempt will be null and void. Superpower may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to this Agreement to any affiliate of Superpower or to another third party in the event that some or all of the business of Superpower is transferred to such other third party by way of merger, sale of its assets or otherwise.
Third Party Beneficiaries
Any use of third-party software provided in connection with the Service, or any third-party product or service accessed or used in connection with the Service, will be governed by the applicable third-party’s license or terms of use, and not by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement.
Contacting Us
If you have any questions or concerns about this Agreement, please contact us by email compliance@superpower.com. We will attempt to respond to your questions or concerns promptly after we receive them.
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