PLEASE CAREFULLY READ THE LINKED TERMS OF SERVICE BEFORE PROCEEDING. The Superpower Platform, including all relevant content, products, services, and functionality associated with the Platform and any other affiliated software, website, or application owned by Superpower Health, Inc.
(“Superpower,” “we,” or “us”) is collectively referred to as the “Services.”

BY ACCESSING OR USING THE SERVICES, YOU CONSENT TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ACCEPT THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Any information that we collect through your use of the Services is subject to the Superpower Privacy Policy, which is part of the Terms of Service.

By continuing to use the Services, you agree as follows:

You are at least 18 years old or have been legally emancipated;
You understand and agree that these Terms of Service are a legally binding agreement and the equivalent of a signed, written contract;
You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Service, as they may be amended by Superpower from time to time; and
You understand, accept, and have received these Terms of Service and the Superpower Privacy Policy, and acknowledge and demonstrate that you can access these Terms of Service and the Superpower Privacy Policy at will.

If you do not agree with and accept the Terms, please discontinue all further use of the Services. Do not access the Services and immediately delete all files, if any, related to the Services from your device(s).

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE dispute resolution section below, YOU AGREE THAT DISPUTES BETWEEN YOU AND SUPERPOWER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION and you waive your right TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING COMPLIANCE@SUPERPOWER.COM WITHIN 30 DAYS OF ACCEPTING THE TERMS OF SERVICE.

Superpower Terms of Service

Superpower Health, Inc. (“Superpower,” “we,” or “us”) owns and operates the website (the “Website”) 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 “Services”) are governed by these Terms of Service (“Terms of Service” or “Agreement”) Although accessible by others, the Services are intended for access and use only by customers inside the U.S..

Please read this Agreement carefully before accessing or using the Services because it sets forth the important terms you will need to know about the Services. In this Agreement, the terms “you” and “yours” refer to the person using the Services.

THE SERVICES ARE NOT APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. 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. Any changes to this Agreement are effective upon posting to the Platform. By continuing to access or use the Services after we post such changes, you agree to be bound by the terms of this Agreement, as modified. If you do not accept the changes, you should immediately stop using the Services and delete all files associated with the Services from your device(s).

Your Relationship with Superpower and Services

Superpower is a technology company that makes available to individuals who register as users of the Services (“Users”) access to products, and services sold or offered by Superpower and its third party affiliates, including clinicians, phlebotomists, laboratories, pharmacies, and other health and wellness providers. Superpower also provides informational content relating to wellness, diet, and lifestyle to help you take ownership of your healthcare journey via the Platform.

Acceptance of Terms of Service

Your access to and use of the Services 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 Services or any content, products, and services provided through the Services, except as necessary to review this Agreement. Services are continually under development, and we reserve the right to revise or remove any part of the Services in our sole discretion at any time and without prior notice to you. Unless otherwise indicated, any new content, products, or services added to the Services 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 Services.

IMPORTANT INFORMATION REGARDING HEALTHCARE SERVICES. PLEASE READ.

SUPERPOWER IS NOT A HEALTHCARE PROVIDER. SUPERPOWER IS A TECHNOLOGY COMPANY THAT ALSO FACILITATES ACCESS TO PROFESSIONAL SERVICES DELIVERED BY THIRD PARTY PROVIDERS, PHARMACIES, IMAGING CENTERS, AND LABS (“PROVIDERS”), AT THE REQUEST OF ITS CUSTOMERS. SUPERPOWER DOES NOT PROVIDE MEDICAL ADVICE, CLINICAL CONSULTATIONS, DIAGNOSIS, OR TREATMENT. SUPERPOWER HAS NO OWNERSHIP INTEREST IN PROVIDERS, DOES NOT HAVE CONTROL OVER THE CLINICAL DECISION-MAKING OF THE PROVIDERS, AND IS NOT RESPONSIBLE FOR THE QUALITY OF CARE PROVIDED BY THE PROVIDERS.

YOU AGREE TO SEEK ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL PRIOR TO USING OUR PLATFORM AND ACCESSING SERVICES. YOU SHOULD NOT INTERPRET ANY INFORMATION PROVIDED THROUGH THE PLATFORM OR FROM PROVIDERS AS A REPLACEMENT FOR PRIMARY CARE OR OTHER MEDICAL SPECIALISTS. OUR AFFILIATED PROVIDERS DO NOT PROVIDE PRIMARY CARE SERVICES. HEALTHCARE SERVICES AVAILABLE VIA THE PLATFORM ARE LIMITED IN SCOPE. YOU SHOULD NOT DELAY TREATMENT OR IGNORE ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL BASED ON INFORMATION PROVIDED BY SUPERPOWER. SUPERPOWER HEREBY DISCLAIMS ANY LIABILITY FOR ANY HEALTHCARE SERVICES PROVIDED BY ANY PROVIDER.

By accepting this Agreement, you agree and acknowledge that we do not provide clinical or medical services, laboratory, imaging, or pharmacy services. Our role is limited to supporting and facilitating your access to these Providers via the Services.

YOU AGREE AND ACKNOWLEDGE THAT SUPERPOWER IS IN NO WAY PROVIDING DIAGNOSIS OR TREATMENT TO YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE INFORMATION, PROCESSES, PRODUCTS, AND OTHER ITEMS REFERENCED AS PART OF THE SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF ACTION, INFORMATION, OR PRODUCT. WE EXPLICITLY DISCLAIM THE CREATION OF A PROVIDER-PATIENT RELATIONSHIP WITH YOU.

THE PLATFORM IS NOT A MEDICAL DEVICE. THE SERVICES CAN NOT AND ARE NOT DESIGNED, INTENDED, OR APPROPRIATE TO REPLACE THE RELATIONSHIP BETWEEN HEALTH CARE PROVIDERS AND PATIENTS OR TO ADDRESS SERIOUS, EMERGENT, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES.

If at any time you are concerned about your care or treatment, or you believe or suspect or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest emergency room.

Any clinical advice provided by a Provider using information from the Services is based on the Healthcare Information (as that term is defined in the Superpower Privacy Policy) you provide. If you do not provide complete and accurate Healthcare Information, the clinical advice you receive from Providers may not be accurate or appropriate.

The Services and/or any data derived from the Services are in no way intended to replace the independent clinical judgment of a qualified healthcare professional.

General information available through the Services about medical conitions, symptomology, available drugs, treatment options, and other educational articles and videos is provided for general educational purposes only. Never disregard, avoid, or delay obtaining medical advice from a qualified healthcare professional because of something contained in the Services.

Services Ownership and Use

You must register on the Platform to create an account (“User Account”) and access any Services other than the Website. Superpower and its suppliers own all rights, title and interest in the Services, including all content and functionality you access through the Services (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). Superpower Services, including all Content, are protected by copyright laws throughout the world. Subject to your compliance with these Terms of Service, Superpower grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services. All rights in the Services are reserved by Superpower.

THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under this Agreement without Superpower’s express written permission.

You will not remove, alter, obscure or use Superpower’s name, trademarks, service marks, or logos, or those of third parties accompanying or incorporated into the Services or appearing on in any advertising or publicity or to otherwise indicate Superpower’s or such third party’s sponsorship or affiliation with any content, product, or service without the express written permission from Superpower or such third party. Superpower’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Services 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 Services are the property of their respective owners.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

By visiting, accessing, registering with or using the Services, you represent and warrant as follows:

You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law;
The information you provide to us (e.g., demographic information, information about your health and lifestyle, and location information, referred to as “Customer Information”) is true, accurate, current, and complete;
You will update your Customer Information as needed to maintain its accuracy;
You are authorized to create a User Account (either for yourself or another person);
You acknowledge and agree to the terms of the Superpower Privacy Policy;
You are legally authorized to view and share with us Personal Information (as that term is defined in the Superpower Privacy Policy); and
You are not located in a country that is subject to a U.S. Government embargo or that is 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.

Limited Use and Availability

Certain portions of our Services are currently only available to individuals who are located in specific states in which we offer the Services.

Certain products available through the Services are subject to age restrictions, and not all products or services on our Platform are available to all ages.

Personal Information

You own your Personal Information and any other information you submit on or through the Services. If you enter someone else’s information into the Services, you represent and warrant that you have permission to do so. As a condition of using the Services, you grant to Superpower a fully paid, perpetual, irrevocable, worldwide, royalty-free, nonexclusive, transferable and fully sublicensable, worldwide license to use your Personal Information for the purpose of providing the Services, subject to applicable law and the restrictions in the Superpower Privacy Policy. You agree to allow Superpower to de-identify and anonymize your Personal Information, including, without limitation, your Healthcare Information, in accordance with our Privacy Policy and applicable law, and to use or disclose such de-identified information for any purpose.

License to Information Submitted via the Services

Subject to any limitations described in the Privacy Policy, any information you transmit to Superpower via the Services, 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, transferable 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 Services 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 Services. 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. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.

AI Chat

Superpower uses generative artificial intelligence to provide automated chat support to User questions (“AI Chat”) as part of its Services. You may make Submissions to AI Chat, which will generate replies (“Responses”) to help you access general resources and information related to your inquiries. These Responses constitute Content owned by Superpower.

AI Chat uses third-party generative AI tools and algorithms (“AI Tools”) to collect, analyze, and respond to your inquiries. By using AI Chat, you consent to Superpower sharing your Submissions, which may include your Personal Information, with these AI Tools to process and respond to your inquiries, as described in these Terms. You also consent to the monitoring, recording, and processing of your AI Chat interactions, subject to the Superpower Privacy Policy.

You acknowledge that AI Chat is an AI-based tool, may produce inaccurate or harmful information and is not a substitute for independent judgment or professional advice. All Responses are provided "AS IS" and "WITH ALL FAULTS," and Superpower takes no responsibility for, and makes no representation or warranties of any kind with respect to any accuracy, completeness, truthfulness, timeliness or suitability of the Responses. You understand that AI chat intended as a SUPPLEMENT ONLY to your independent judgement and confirmation in consultation with your physician or other qualified medical provider. You are solely responsible for verifying the accuracy and suitability of all Responses for your specific use case and for complying with all applicable laws.

You represent to us that you are not using AI Chat for the purpose of seeking medical attention. You represent and acknowledge to not use the AI Chat in any way which constitutes a “Prohibited Use” under these Terms and Conditions.

App Store & Google Play

Superpower may provide access to its Platform through a mobile application. If you downloaded our app (“Superpower App”) from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms of Service, you acknowledge that you understand and agree to the following:

The Terms of Service are only between you and Superpower, and not between you and the App Provider. Only Superpower (not the App Provider) is responsible for the Superpower App;
The App Provider has no obligation to furnish any maintenance or support services with respect to the Superpower App;
In the event of any failure of the Superpower App to conform to any applicable warranty: (i) you may notify the App Provider and the App Provider will refund the purchase price for the Superpower App to you (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Superpower App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Superpower App or your possession and use of the Superpower App, including, but not limited to: (i) product liability claims; (ii) any claim that the Superpower App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;
In the event of any third-party claim that the Superpower App or your possession and use of the Superpower App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and
The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the Platform. This means that, upon your acceptance of these Terms of Service, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as related to your license of the Superpower App against you.

Apple users only: If You downloaded the Superpower App from the App Store, the license granted to you in these Terms of Service is non-transferable and is for use of the Platform on any Apple products that you own or control.

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 to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). Only valid payment methods acceptable to us may be used to complete a purchase via the Services. 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 concierge@superpower.com or updating on the Platform.

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.

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 Services. 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.

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 Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.

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 Services occur through a third-party online payment processing application(s) accessible through the Services. Superpower’s third-party payment processor is in no way subject to Superpower’s 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.

How we protect your privacy

Superpower values your privacy and is committed to keeping your Personal Information confidential. Please see the Superpower Privacy Policy for an explanation of our privacy practices, the information we collect from you, how we use that information, and your rights regarding your Personal Information. By accessing or using the Services, or by downloading, viewing, or uploading any content through the Services, you acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these Terms.

By using the Services and accepting these Terms, you further acknowledge that Superpower may share your Personal Information with third parties, including your Provider, in accordance with the Privacy Policy. We will seek your consent to share your Personal Information with third parties before doing so where required by law.

Unless specifically stated in the Superpower Privacy Policy, we do not control how third parties whom you share information collected, generated, or stored via the Services may further use and disclose such information. You expressly acknowledge and agree that Superpower is neither responsible for nor liable to you or any third party for the treatment of your Personal Information by any such individual or entity, including any collection, use, disclosure, storage, loss, theft, or misuse of your Personal Information, whether or not such treatment violates applicable law.

Registration; User Accounts, Passwords, and Security

The Services are designed to require users to create a username and password to access and use the Services. Your username and password are, collectively, Your “User Credentials.” You are solely responsible for (i) maintaining the strict confidentiality of your User Credentials, (ii) not allowing another person to use your User Credentials to access the Services, and (iii) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Credentials, regardless of whether you were aware of those activities. You agree to immediately notify Superpower in writing by email of any unauthorized use of your User Credentials or any other compromise of the security of your User Account.

WE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY HARM ARISING FROM OR RELATING TO THE THEFT OF YOUR USER CREDENTIALS AND/OR ANY RESULTING ACCESS TO YOUR PERSONAL INFORMATION, YOUR DISCLOSURE OF YOUR USER CREDENTIALS, OR THE USE OF YOUR USER CREDENTIALS BY ANOTHER PERSON OR ENTITY REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE.

You may be held liable for any losses incurred by Superpower and/or its affiliates, officers, directors, and representatives due to someone else’s use of your User Account or password, regardless of whether you were aware of such use.

Duty to Provide Information, Access, and Connectivity

You 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 Services) to enable use of the Services, 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 Services. We reserve the right to change the access configuration, including any software, hardware or other requirements of the Services at any time without prior notice. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your Systems.

Prohibited Use

Any use or attempted use of the Services (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 Services, (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 Services, 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 Services, 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 Services’ 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 Services by using framing, mirroring or similar navigational technology; (l) probe, scan, test the vulnerability of or breach the authentication measures of, the Services 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 Services, or copy, download, distribute or reproduce any content or information on the Services; (p) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or other users of the Services or expose them to liability, or otherwise interfere with or attempt to interfere with the proper working of the Services; or (q) 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 your access and/or account without refund. Superpower may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Right to Monitor

Superpower reserves the right to monitor general use of the Services at any time as it deems appropriate and to remove any materials that, in Superpower’s 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 Services.

Third-Party Services, Goods, and Websites

To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES. Your use of any Third-Party Goods and Services and any interactions with Third-Party Service Providers, 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-Party Service Providers.

In the event of any inconsistency between terms of service relating to Third-Party Services and this Agreement, those additional terms and conditions will control with respect to such Third-Party Services.

In the course of using the Services, you may be introduced to third party websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access Third-Party Sites, you will leave our Services and be redirected to an environment owned and controlled by an external third party.

You acknowledge and agree that Third-Party Sites and Third-Party Service Providers may have different privacy policies, terms of service, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites and Third-Party Services is governed exclusively by the respective Third-Party Rules. We provide access to Third-Party Sites and Third-Party Services as a convenience, and we do not verify, make any representations, or take responsibility for them, including, without limitation, the truthfulness, accuracy, quality, or completeness of their content, applications, links displayed, and/or any other activities conducted through them.

In the event of any dispute between you and any Third-Party Site or Third-Party Service Provider, or between you and 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 Services 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-Party Service Providers or Third-Party Sites and may profit from your use of the Third-Party Services or Third-Party Sites and/or the sale of Third-Party Services to you.

YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY SERVICES PROVIDERS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.

Any reference in the Services to any product, service, publication, institution, organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.

Termination

If you breach any term of this Agreement, we may suspend or disable your account or terminate your access to the Services without prior notice to you. There may be other instances where we may need to terminate your access to the Services that are not related to any of your actions or inactions. We reserve the right to terminate your access to and use of the Services and materials at any time without prior notice to you, with or without cause unless otherwise prohibited by law.

If you wish to terminate your account, please contact Superpower at concierge@superpowerhealth.com, immediately discontinue your use of the Services, and delete all files associated with the Services from your computer or mobile device.

The provisions of this Agreement concerning Services 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 Services is terminated pursuant to this Agreement, you will not attempt to use the Services 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, we have no obligation, whether before or after the termination of your use of the Services, 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

THE SERVICES AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICES 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. SUPERPOWER 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 SERVICES, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICES. SUPERPOWER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE SERVICES. SUPERPOWER DOES NOT WARRANT THAT THE SERVICES WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SUPERPOWER OR THROUGH THE APPLICATION OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, AFFILIATED PROFESSIONALS.

YOU UNDERSTAND THAT SUPERPOWER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALIFICATIONS OR CONDUCT OF PROVIDERS.

SUPERPOWER CAN NOT ALWAYS FORESEE OR ANTICIPATE TECHNICAL OR OTHER DIFFICULTIES THAT MAY RESULT IN FAILURE TO OBTAIN DATA OR LOSS OF DATA, PERSONALIZATION SETTINGS, OR OTHER SERVICE INTERRUPTIONS. SUPERPOWER CAN NOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, ACCURACY, DELETION, NON-DELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. IT IS YOUR RESPONSIBILITY TO BACKUP ANY INFORMATION YOU ENTER INTO THE SERVICES.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Superpower OR ITS PROVIDERS RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS, MOBILE DEVICES, OR DATA.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED BY SUPERPOWER REMAINS WITH YOU. NEITHER SUPERPOWER NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPERPOWER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES. SHOULD ANY COURT OF COMPETENT JURISDICTION FIND THAT THE PRIMARY REMEDY IS UNENFORCEABLE OR INAPPLICABLE, THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, SUPERPOWER'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU TO SUPERPOWER FOR THE SERVICES IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SUPERPOWER IS NOT LIABLE TO ANY USER OR PERSON FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY PROVIDER OR THIRD PARTY, WHETHER OR NOT RELYING UPON INFORMATION COLLECTED, GENERATED, OR STORED VIA THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES YOU ARE RECEIVING FROM A PROVIDER, PLEASE CONTACT SUPERPOWER AT CONCIERGE@SUPERPOWER.COM.

YOU ACKNOWLEDGE THAT IF YOU USE THE SERVICES DURING OR IN RELATION TO AN EMERGENT, SERIOUS, OR LIFE-THREATENING CONDITION, SUCH USE IS AT YOUR SOLE RISK. SUPERPOWER IS NOT LIABLE TO YOU OR ANY PERSON FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION INCLUDED AS PART OF THE SERVICES.

ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE OCCURRENCE OF THE EVENT FROM WHICH THE CLAIM AROSE.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Superpower AND ITS REPRESENTATIVES FROM ANY THIRD PARTY LIABILITY, LOSS, CLAIM, SUIT, DAMAGE, AND EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR ACCESS TO OR USE OF THE SERVICES, (b) YOUR VIOLATION OF THESE TERMS OF SERVICE, (c) YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS; (d) ANY CONTENT YOU POST, UPLOAD, USE, DISTRIBUTE, STORE, OR OTHERWISE TRANSMIT THROUGH THE SERVICES; OR (E) OR ANY NEGLIGENT OR WRONGFUL CONDUCT BY YOU OR RELATED TO YOUR USER ACCOUNT BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICES THROUGH YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU WERE AWARE OF SUCH USE. YOU AGREE TO INDEMNIFY SUPERPOWER AGAINST ANY CLAIMS BROUGHT BY A THIRD-PARTY ALLEGING THAT YOUR USE OF THE SERVICES INFRINGES OR MISAPPROPRIATES ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS. SUPERPOWER WILL PROVIDE YOU WITH NOTICE OF ANY SUCH CLAIM, SUIT OR ACTION. SUPERPOWER WILL COOPERATE, AT YOUR EXPENSE, IN THE DEFENSE OF ANY SUCH CLAIM, SUIT OR ACTION. YOU SHALL ALLOW SUPERPOWER TO PARTICIPATE IN THE DEFENSE AND SHALL NOT SETTLE ANY SUCH CLAIM, SUIT OR ACTION WITHOUT THE PRIOR WRITTEN CONSENT OF SUPERPOWER.

PROVIDING FEEDBACK TO US.

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by e-mailing us at concierge@superpower.com. You acknowledge and agree that if you submit any Feedback to Us, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Digital Millennium Copyright Act Policy

The 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 the Website or Platform 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 website, 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 concierge@superpower.com.

Notices

Any notices to you from Superpower regarding the Services or this Agreement may be made by email, a posted notice on the Platform, or regular mail, in the sole discretion of Superpower.

Entire Agreement

This Agreement and any other agreements Superpower may post on the Services constitute the entire agreement between Superpower and you in connection with your use of the Services and supersede any prior agreements between Superpower and you regarding use of the Services, 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 ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO SUPERPOWER, THE PLATFORM, THE CONTENT OR THE SERVICES, 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 San Francisco, California, except that, in the event San Francisco, California is not within 100 miles of your residence, the arbitration may be conducted virtually. 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: concierge@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 concierge@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. 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 concierge@superpower.com, ATTN: Arbitration Opt-Out, within 30 days of the effective date of such modifications.

Governing Law; Venue; Severability of Provisions

Services are controlled and operated by Superpower from our offices within California. Those who choose to access the Services 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 Services from jurisdictions where the contents of the Services 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.

Assignment

You may not assign or transfer any of your rights or obligations under this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer this Agreement without such consent will be null and void. Superpower may, in its sole discretion, assign or transfer its rights and obligations under this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by emailing concierge@superpower.com. We will attempt to respond to your questions or concerns promptly after we receive them.

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Terms of Service