Last Updated: January 10, 2024
The following terms and conditions (these “Terms of Service” or “Terms”) constitute a legally binding agreement (“Agreement”) between you (“you” or “user”), Superlogic Technologies, Inc. d/b/a Superlogic, Inc. f/k/a OneOf, Inc. (the “Company”), the Company’s White-Label Partners (“WLPs”) and their respective affiliates and subsidiaries (together, “we”, “us”, or “our”). These Terms of Service govern your access to and use of our online websites (including https://superlogic.com and any of its sub-pages (collectively, the “Site”)), platforms, applications, APIs and marketplaces, including any other software, tools, content, features, functionalities, and services offered on, through or in connection with such (collectively, the “Service”).
Acceptance of Terms
1. This Agreement constitutes a binding legal contract that governs the ongoing use and access of the Service. You must accept the terms of this Agreement before you may access or use the Service. You can accept the terms of this Agreement by either: (a) clicking to accept or agree where such option is made available to you; or (b) actually using or accessing the Service.
2. By accepting this Agreement, or by accessing or using the Service, you represent and warrant the following:
5. We reserve the right to update this Agreement at any time, in our sole discretion, and will notify you of such updates either via email or by posting such changes on our Site, or such other reasonable means. You can find the most recent version of this Agreement at https://www.superlogic.com/terms-of-service/ with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease use of the Service. Your continued access and use of the Service, including the continued use or enjoyment of any rewards offered through the Service, following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement.
Use of the Service
1. Acceptable Use. You agree that you will not (and will not permit or encourage any Users or other third party to) directly or indirectly:
2. Notice of Unauthorized Use. You will immediately notify us of any unauthorized use of your Account or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use.
Changes and Updates to the Service
1. Service Change. You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, delete or discontinue the features, functionality, content or other aspects of the Service, including any and all rewards and offers, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and software, shall be subject to this Agreement. We do not guarantee the availability of the Service and/or any of the rewards or offers contained therein, and they are all subject to change at any time without notice.
2. Upgrades. We reserve the right to add at any time additional features or functions to, or release new versions of, the Service (any such new features, functions or versions, are referred to as "Upgrades"). For instance, the Upgrades may help us better administer the Service and improve your experience. We may automatically make an Upgrade available without notice to you. In addition, the Upgrades may cause software to revert to the default settings of the current version of such software. Unless we provide you with express notice to the contrary, an Upgrade will not delete or modify any data that would not have been deleted or modified if you had installed the then current version of the software instead of having the Upgrade installed. Finally, although we may make Upgrades available to you, you understand and acknowledge that we have no obligation to do so.
Confidential BETA Test
1. From time to time, we may conduct a limited confidential beta test to allow selected users to test new features, capabilities, and performance of the Service (the “Beta Test”).
2. Beta Test Obligations. . If selected, you hereby agree to test, evaluate, and analyze the Service and provide feedback, suggestions, and comments about the Service as reasonably requested by us (“Feedback”). You may also voluntarily provide Feedback to us. You agree that Feedback is deemed User Content (as defined below).
3. Confidentiality Obligations. YOU MAY NOT DISCLOSE THE EXISTENCE OF, OR YOUR PARTICIPATION IN, THE BETA TEST, AND YOU MAY NOT PUBLISH, DISCLOSE, DISTRIBUTE, TRANSMIT, POST, OR OTHERWISE MAKE AVAILABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY, ANY CONFIDENTIAL INFORMATION (AS DEFINED IN SECTION 13 BELOW), EXCEPT AS REQUIRED BY APPLICABLE LAW OR OTHERWISE EXPRESSLY PERMITTED BY US IN WRITING. You will use Confidential Information solely for the purpose of testing the Service as contemplated by, and pursuant to, these Terms and for no other purpose whatsoever.
1. Account Registration. To obtain access to the Service as a User, you must register for an account (“Account”) on one of our websites by submitting a registration form with some or all of the following information: your first name, last name, email address, mailing address, phone number and a unique password to login. When registering for an Account you must meet the conditions set forth in Section 1.2 above, including: (a) providing true, accurate, current and complete information about yourself as requested by the registration form for the Service, and (b) maintaining and promptly updating throughout the Term such information to keep it true, accurate, current and complete. Your Account login is personal to you and may not be shared or used by anyone else.
2. Account Information Confidentiality and Security. You are solely responsible for ensuring the confidentiality of your Account login information and maintaining the security of such information. You agree not to authorize any other person to use your Account for any purpose. Except as otherwise provided by applicable law, you are solely responsible for all transactions and other activities authorized or performed using your Account, whether authorized by you or not. If you believe any of your Account credentials, such as your password, have been obtained or used by any unauthorized person or you become aware of any other breach or attempted breach of the security of the Services or your Account, you must notify us immediately by contacting us at the email address provided at the end of this Agreement.
1. Service Fees. Access and use of the Service is provided free of cost to Users, except with respect to certain Service Components as provided in applicable Additional Terms and Conditions. We reserve the right to charge and/or modify fees for the Service and Service Components in the future. We will notify you before charging any new or changed fees for the Service or Service Components by notifying you electronically, by posting such fees in the place(s) where the Service or Service Component is used or accessed, as applicable, or by any other method permitted by applicable law. If you elect to use the Service or Service Component after such notice, you must pay all applicable fees.
1. Purpose. The purpose of tokens (“Tokens”) is to increase consumer loyalty by rewarding you for making certain qualifying purchases and other actions (“Token-Qualified Action”).
2. Transactions Data. Our software can detect a User’s Token-Qualified Actions by accessing their credit or debit card based purchase transactions data (“Transactions Data”). Users can earn Tokens for their Token-Qualified Actions by opting-in to share their Transactions Data with us via our 3rd party Secure Data Gateway Partner (“SDGP”). You always have the option to earn Tokens without sharing any Transactions Data via our SDGP, however, you may receive more opportunities to earn Tokens if you grant permission and connect at least one (1) credit or debit card to your Account. Please note that not all debit and credit cards are eligible to be linked to your Account. All determinations as to whether a card is eligible are at our sole discretion. For example, certain cards are not eligible to be linked to your Account, including, but not limited to, the following: prepaid cards, corporate cards, purchasing cards, store cards which can only be used at their respective retailers’ stores, government-administered prepaid cards (including Electronic Benefit (EBT) cards), healthcare cards (including Health Savings Account (HSA) cards, Flexible Spending Account (FSA) cards, and insurance prepaid cards), Visa Buxx, PayPal accounts, Chime, Brokerage accounts, Payoneer accounts and cards that are not processed through the Visa U.S.A payment system, the Mastercard payment system, or the American Express payment system. In order to be eligible, it must be issued by a U.S. bank. In addition, you may not be able to link a debit or credit card to your Account if the card is already linked to certain other third-party card-linked offer programs.
3. Use of Linked Cards and Transactions Data. By linking a card in connection with transaction monitoring, you authorize us to share limited information with the third-parties that enable us to provide the Service (“Third-Party Service Providers”) and your Payment Card Network (e.g., Visa, Mastercard, American Express) so it knows you enrolled. You authorize the Company to monitor transactions on your Linked Cards to identify qualifying purchases in order to determine whether you have qualified for or earned rewards from a Network Partner, and for the Payment Card Network to share such transaction details with us to enable your card-linked offer(s) and target offers that may be of interest to you. You agree that the Company may view your transactions made by you with Network Partners.
4. Receiving Tokens. Subject to these Terms, we will automatically provide Tokens to you when you purchase qualifying goods or services with your Linked Cards, via online e-commerce links displayed on the Service, or perform other Token-Qualified Actions identified by us. The Company, in its sole discretion, establishes the terms and conditions for each Token-Qualified Action and determines whether you have satisfied such terms and conditions to receive Tokens. Such terms and conditions are set forth on the Service and may be updated, modified, suspended, or canceled by the Company at any time in its sole discretion.
Not all qualifying purchases made with your Linked Card may be eligible for Tokens if we are unable to obtain certain transaction information from the Payment Card Network associated with your Linked Card. For example, we may be unable to obtain certain transaction information from the Payment Card Network (and you may therefore be unable to receive Tokens) for the following transactions made with your Linked Card:
Do not use a PIN when paying for a qualifying purchase with your Linked Card if you want the purchase to be eligible for Tokens.
Without limiting any of the other terms of these Terms, if you return, chargeback, cancel, dispute, or otherwise request a credit for a qualifying purchase for which you have already received Tokens, we will reduce the balance of Tokens in your Account by the amount of Tokens you received for such transaction. If the balance of Tokens in your Account is less than the amount of Tokens you received for such transaction, we will offset the applicable amount of Tokens from Tokens you would otherwise receive for future Token-Qualified Actions.
Tokens that you receive as a result of a qualifying purchase at a merchant will generally be reflected in your Account within 1 – 7 Business Days from the end of the calendar month after the date of purchase. Tokens that you receive as a result of a qualifying online purchase will be reflected in your Account after the return period for the purchase has expired. In some cases, it may take longer for Tokens to be reflected in your Account. For purposes of these Terms, “Business Day” means Monday through Friday, excluding federal banking holidays. Without limiting any of the other conditions of these Terms, if we award Tokens to you in error (e.g., we later determine that you did not comply with the terms and conditions of a qualifying purchase or if you chargeback a qualifying purchase), we reserve the right to deduct the applicable Tokens from your Account. You are responsible for making sure the Token balance reflected in your Account is correct. If you believe that your Account does not accurately reflect Tokens that you are eligible to receive, please contact customer support.
Tokens will remain in your Account until we approve redemption of Tokens as described below.
7. Redeeming Tokens. Subject to these Terms and our approval, you may request that we redeem Tokens from your Account. Tokens may only be redeemed from your Account as part of an approved redemption transaction through the Service. Approved redemption transactions that are available to you will be listed on the Service, and we may modify these at any time in our sole discretion. We will deduct Tokens from your Account for any approved redemption transactions.
You are solely responsible for verifying the accuracy and completeness of any redemption transaction performed by us hereunder. You must notify us of any errors within 10 Business Days of such information being made available to you. If you do not notify us of any such errors within such 10 Business Days, you will forfeit the right to contest a transaction, except to the extent such forfeiture is prohibited by applicable law.
Certain limits may apply to your redemption of Tokens. For example, unless otherwise permitted on the Service, you may only redeem up to 100,000 Tokens in any day unless otherwise permitted on the Service. Without limiting any of the other conditions of these Terms, we may modify the redemption terms for Tokens at any time in our sole discretion.
8. Taxes. All amounts paid to you hereunder are exclusive of any applicable withholding, sales, use, excise, value-added, or other taxes. You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Service. We are not responsible for determining whether you owe taxes in connection with your access to or use of the Service or for collecting, reporting, or remitting taxes arising from your access to or use of the Service, except for our own income taxes. You agree to promptly and fully reimburse and indemnify us for any taxes, penalties, and interest assessed by any taxing authority regarding amounts owed by you in connection with these.
9. Terms. Depending on applicable tax laws, your receipt of rewards may be subject to reporting to certain tax authorities. In accordance with such laws, we may be required to send to you and file certain forms with tax authorities, such as the IRS Form 1099-MISC (Miscellaneous Income), for any year in which rewards are issued to you. If we request information from you in order to complete a required tax form, and you fail to provide the requisite information, you will be prohibited from redeeming Tokens from your Account until we receive the required information.
10. Additional Terms, Representations, and Requirements. You may only access and use the Service for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. You may not use Tokens to make purchases, to transfer funds to third parties, or for any other purpose, except as expressly permitted by us. You acknowledge and agree that Tokens:
You further acknowledge and agree that:
You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute Tokens, except as expressly permitted by the Service and subject to applicable law. Any disposition or attempted disposition of Tokens in violation of these Terms will be void and will result in immediate termination of your Account. We do not recognize or condone any third-party service that may be used to sell, exchange, transfer, or otherwise dispose of Tokens, and we do not assume any responsibility for, and will not support, such transactions.
In addition to your other representations and warranties in these Terms, you represent and warrant that you will not access or use the Service to engage in any illegal, fraudulent, or other illicit activity. In order to redeem Tokens on the Service, you may be required to provide such other information and documents as requested by us to verify your identity and compliance with these Terms, including, but not limited to, your representations and warranties herein. For our compliance purposes and in order to provide the Service to you, you hereby authorize us to, directly or through a third party, obtain, verify, and record information and documentation for purposes of verifying your identity and your Linked Card and redemption Account information.
11. Token Bonus, Limited Time Promotion. Users may receive a Token bonus on sign up, eligible card link or other Token-Qualified Action, pending Account verification (including but not limited to, verifying transactional data, and at the sole discretion of the Company), during certain limited time promotion.
12. Referral Token Bonus, Limited Time Promotion. Users may receive Token(s) per eligible and completed referral sign up, pending Account verification (including but not limited to, verifying transactional data, and at the sole discretion of the Company), during certain limited time promotion.
1. By signing up for the Service, you agree to receive marketing emails or text messages regarding the Service from Company or its affiliated partners. Users may opt-out of these communications at any time by unchecking the opt-in during sign up, by selecting “unsubscribe” within an email, replying “stop” within an SMS message, or by emailing firstname.lastname@example.org. Messaging and data rates apply and are the sole responsibility of the user.
2. Text message communications will be sent from one of the following toll-free telephone numbers: 8337202254, 8337202253, 8335781782, 8335781781, 8449201337, 8449201337
Ownership and Proprietary Rights in the Services
1. All right, title, and interest in and to the Service, including any updates, upgrades, and modifications thereto, and any associated patents, trademarks, copyrights, mask work rights, trade secrets, and other intellectual property rights, belong solely and exclusively to the Company and its licensors, and, except as expressly set forth in these Terms, we do not grant you any licenses or other rights, express or implied, to the Service.
2. You acknowledge and agree that the Service is protected by applicable copyright, trademark, and other intellectual property laws. All words and logos displayed in connection with the Service that are marked by the ™ or ® symbols are trademarks and service marks of the Company and/or their respective owners. The display of a third-party trademark in connection with the Service does not mean that we have any relationship with that third party or that such third party endorses the Service or the Company.
Acknowledgment of Proprietary Rights.
By using our Service, you acknowledge that all information, content and materials contained within our Service (in any form or media, the "Materials") may be protected by one or more copyrights, patents, trademarks, trade secrets, or other proprietary rights owned by us, our content suppliers or licensors, or by other individuals whose content have been submitted to the the Service. Except for Third-Party Content which are in the public domain, you may not modify, publish, participate in the transfer or sale of, create derivative works from, or in any other way exploit the Materials, except as expressly set forth in these Terms. The trademarks, logos, and service marks (whether or not registered, collectively the "Trademarks") displayed through the Service (including Third-Party Content), are Trademarks of WLPs and/or third parties. Except in connection with Badges as licensed hereunder, you have no right to use the Trademarks in any way and nothing contained on the Service should be construed as granting to you, by implication, estoppel or otherwise, any license or right to use any Trademark without our written permission or the written permission of the third party that owns the Trademark.
3. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-exclusive, and non-transferable right and license to access and use the Service solely for your personal, non-commercial, entertainment purposes. Except as expressly provided by these Terms or as otherwise expressly permitted by us, you may not use, modify, disassemble, decompile, reverse engineer, reproduce, distribute, rent, sell, license, publish, display, download, transmit, or otherwise exploit the Service in any form by any means. Without limiting the foregoing, you agree not to (and not to allow any third party to):
4. Badges. An “Acquired Badge” means a Badge that you Own; and “Own” means any Badge that you acquired via valid Acquisition or Transfer on the Marketplace or via a transfer made through other means (a “Third Party Transaction”). You have the right to Transfer your Acquired Badges at your discretion via the Marketplace or a Third Party Transaction.
WITHOUT LIMITING ANY OTHER PROVISION OF the TERMS, COMPANY RESERVES THE RIGHT TO, IN ITS SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE MARKETPLACE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN the Terms, OR violation OF ANY APPLICABLE LAW OR REGULATION.
Cancellation and Termination
1. Term. This Agreement is effective and you will continue to be a member until we terminate your Account or you properly cancel your Account in accordance with this Agreement (“Term”).
2. Termination. You are solely responsible for properly canceling your Account. You may cancel your Account at any time by sending us an email at email@example.com. All cancellations will be processed within forty-eight (48) hours of receipt of the request for cancellation. We reserve the right to in our sole and absolute discretion, to temporarily suspend access to the Service (in whole or in part) for: (a) scheduled or unscheduled maintenance; (b) purposes of maintaining the security and/or integrity of our network, hardware, or associated systems or those of its third party providers; or (c) the actual or suspected violation of this Agreement.
3. Effect of Termination. Upon termination of this Agreement or cancellation of your Account, all licenses and other rights granted to you hereunder will immediately terminate and you will lose access to and will cease all use of the Service (including all rewards and/or discounts offered through the Service). For avoidance of doubt, you understand and agree that any rewards that you obtained through the Service during the Term may not be used beyond the termination of this Agreement or cancellation of your Account.
Third Party Linked Service and Content
1. The Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to websites, directories, servers, networks, systems, information and databases, software, applications, programs, products and/or services, and the Internet as a whole. When you engage a third party’s website or service which is linked to the Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties. All rewards and offers that you pursue or other transactions you engage in using the Service are between you and the transacting party. The Company is not an agent of any such transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. The Company shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of and payment for goods and services.
2. Trademarks. The Service contains valuable trademarks owned and used by us to distinguish the Service from those of others. The Service may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Service. You agree not to use or display, except as expressly permitted hereby, any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
1. In connection with this Agreement, you may receive or have access to Confidential Information of the Company. For purposes of this Agreement, “Confidential Information” means the terms of this Agreement, and all technical and non-technical information concerning or related to the Company’s or its affiliates’ respective products, services, and general business operations, information of or concerning the Company’s or its affiliates’ users or employees, and any and all data, information and materials related to any of the foregoing. You agree that you shall not disclose Confidential Information to any third party, except to your employees who have a need to know and are bound by written confidentiality obligations no less restrictive than these. Confidential Information remains the sole and exclusive property of the Company.
1. By registering for the Service, you understand that we may send you or your Users communications or data regarding the Service, including but not limited to updates, and promotional information and materials regarding the Service, all in electronic form via the email address you specified when you registered. You may unsubscribe your members from such communications by contacting us at firstname.lastname@example.org anytime.
Disclaimer of Warranties
1. WE PROVIDE OUR SERVICE TO YOU “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. THE COMPANY MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE MERCHANT OR ADVERTISERS LISTED ON THE SERVICE. ACCORDINGLY, WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF THE PERKS, DISCOUNTS, OR PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
1. You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, WLPs, and affiliates, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (a) your breach of these Terms, or (b) your violation of applicable laws, rules, or regulations in connection with the Service.
Limitation of Liability
1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE OFFICERS OR EMPLOYEES, PRINCIPALS, DIRECTORS, MEMBERS, AGENTS, CONSULTANTS, SUBSIDIARIES, PARENT COMPANY OR AFFILIATES (TOGETHER “RELATED PARTIES”) BE LIABLE TO YOU (OR ANY PARTY CLAIMING THROUGH YOU) FOR FOR ANY DAMAGES OR LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR SYSTEMS AND/OR YOUR SOFTWARE AND/OR DATA, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUS TRANSMISSION, PERFORMANCE DELAYS OR COMMUNICATION FAILURES OR SECURITY BREACHES.
2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY IN THE TWO MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
3. Damage Caused by Third Parties. You agree that Company, WLPs and Related Parties are not responsible for, and Company, WLPs and Related Parties expressly disclaim any liability for, any damage, loss, or injury you may incur as a result of actions taken by other parties who access or use the Service, including, without limitation, damages resulting from hacking, tampering, cheating, or disseminating malware from the Service.
1. Removal. If you do not agree to accept and comply with any provision of this Agreement, or any amendment made by the Company to this Agreement, you must immediately stop using the Service. If you have downloaded any software in connection with the Service, you must immediately uninstall such software.
2. Digital Millennium Copyright Act. If you are aware of or believe there is any infringing content or other material on our Service, please notify us. We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity.
3. Dispute Resolution by Binding Arbitration. Many user concerns can be resolved quickly and to the user's satisfaction by contacting us at the email address below. If, however, there is an issue that needs to be resolved, this Section 18.3 describes how both of us will proceed.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH US AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Any claim or dispute between you and the Company, WLPs or Related Parties arising out of or relating in any way to the Service, this Agreement, marketing by WLPs or Network Content, including claims that arise after the termination of this Agreement, shall be resolved through final, binding arbitration.
The obligation to arbitrate applies regardless of whether the claim or dispute involves a tort, fraud, breach of contract, misrepresentation, product liability, negligence, violation of a statute, or any other legal or equitable theory. We each agree that each of us may bring claims against the other only in an individual capacity and not in a class action or representative proceeding, REGARDLESS OF WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT. All arbitrations shall be conducted on an individual (and not a class-wide) basis and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any other person.
A party who intends to proceed with a claim or dispute must first send to the other a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent via registered mail at the address provided at the end of this Agreement. We will send notice to you via email to the email address we have on file for you, if any, or otherwise via a reasonable method. Upon receipt of such Notice, the other party shall have a thirty (30) day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty (30) day cure period, either party may commence an arbitration proceeding if the claim has not been fully satisfied.
The arbitrator has the authority to grant any remedy that would be available in court, except that the arbitrator may not issue relief on behalf of a class or otherwise issue class-wide or group relief. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts, witnesses, and filing fees and the parties shall split the cost of the arbitrator.
If any aspect or portion of this Section 18.3 is found to be illegal or unenforceable, that aspect or portion will be severed with the remainder of Section 18.3 remaining in full force and effect.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE YOU FIRST USED THE SERVICE BY SENDING A REQUEST THROUGH REGISTERED MAIL TO US. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SEND A SIGNED WRITTEN NOTICE AND THE DATE YOU FIRST USED THE SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
4. Entire Agreement. This Agreement constitutes the entire agreement of the Parties regarding the Service. It supersedes any and all proposals, oral or written, negotiations, conversations, discussions, or agreements between the Parties relating to your use of the Service (including, without limitation, any prior versions of this Agreement).
5. No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.
6. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the Parties agree that such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and that the remaining provisions shall remain in full force and effect.
7. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., without regard to its principles regarding conflicts of law. You agree that, as provided in Section 18.3, disputes shall be resolved by binding arbitration. You also agree that if you or the Company should nonetheless file a lawsuit against the other or any Related Parties, regardless of the validity of the suit or whether it can be maintained or is prohibited by Section 18.3, the sole and exclusive forum, jurisdiction, and venue for such lawsuit shall be in courts of competent jurisdiction located in New York county, New York, and you hereby submit to and irrevocably waive all objections to such jurisdiction, forum, and venue.
8. Agreement Binding on Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.
9. Survival of Terms. After expiration of your Term, any and all terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Please also feel free to contact us if you have any questions about our Terms of Service or practices. You may contact us at email@example.com or at our mailing address below:
Superlogic Technologies, Inc.
2045 Biscayne Boulevard #333
Miami, FL 33137