Legal

Course Terms of Purchase and Refund Policy

PLEASE READ THESE TERMS CAREFULLY. ALL SALES ARE FINAL AND NO REFUNDS ARE OFFERED, EXCEPT WHERE THE LAW REQUIRES OTHERWISE. THESE TERMS ALSO REQUIRE THAT DISPUTES BE RESOLVED THROUGH INDIVIDUAL BINDING ARBITRATION IN MISSOURI, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. SEE "DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER" BELOW.

Agreement and Acceptance

These Course Terms of Purchase and Refund Policy (these "Terms") are a binding agreement between LoloCo, LLC, a Missouri limited liability company doing business as SUPERWELL ("SUPERWELL," the "Company," "we," "us," or "our"), and you, the individual purchasing, enrolling in, or accessing a Course ("you" or "your").

Acceptance. You accept these Terms when you check the acceptance box or click the purchase button at checkout, or when you first access any Course, whichever happens first. If you do not agree to these Terms, do not purchase or access a Course.

Scope. These Terms apply to every Course the Company offers, under any title, whether or not the Course leads to certification. The sections titled "Certification Courses," "Certification Badge License," "Certified Graduate Responsibilities," and "Withdrawal of Certification" apply only if you purchase a Certification Course, and they apply in addition to the rest of these Terms. Physical and digital products are governed by the Company's Terms of Purchase and Refund Policy, not these Terms.

Incorporated Terms. The Company's Website Terms of Use and Privacy Policy are incorporated into these Terms. Courses are hosted and delivered through Kajabi, a third-party platform, and your use of that platform is also subject to Kajabi's terms of service and privacy policy, which are incorporated into these Terms by reference. As between you and the Company, if these Terms conflict with any incorporated terms, these Terms control.

Definitions

"Affiliate" means any affiliate, ambassador, creator, influencer, partner, or other third party who promotes a Course or refers purchasers to it, whether or not that person is compensated.

"Certification Badge" means the digital badge the Company issues to Certified Graduates, in the form the Company provides and as the Company may update it.

"Certification Course" means any Course the Company designates as leading to certification once its requirements are met.

"Certified Graduate" means a person who has satisfied every requirement in the section titled "Certification Courses" and has been issued certification by the Company, for as long as that certification remains in effect.

"Company Marks" means SUPERWELL, SUPERWELL LIVING, the Company's S logo, the Certification Badge, the title of every Course, program, and certification the Company offers, and every other name, brand, logo, slogan, and trade dress the Company uses, whether registered or unregistered and as they may change from time to time.

"Company Methods" means the wellness frameworks, methodologies, systems, principles, pillars, protocols, and teaching approaches the Company develops and presents in its Courses, under whatever names the Company uses for them from time to time.

"Course" means any course, program, training, or other educational offering the Company makes available for purchase, under any title, including each Certification Course.

"Course Materials" means all content delivered through or in connection with a Course, in any format, including videos, recordings, audio, transcripts, written lessons, training manuals, workbooks, worksheets, handouts, guides, downloadable files, slides, graphics, illustrations, charts, knowledge checks, quizzes, and exams, together with the selection, structure, sequence, organization, and terminology of that content.

"Derivative Work" means any work that is based on, adapted from, recast from, transformed from, or built using the Course Materials or Company Methods, in whole or in part, in any form or medium.

"Official Course Page" means the sales page or checkout page for a Course that the Company publishes on its own website or platform.

Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to purchase or access a Course. By purchasing, you confirm that you meet these requirements, that the information you provide at checkout is accurate, and that you are purchasing the Course for your own use.

Course Access and Account Use

Self-Paced Format. Each Course is self-paced and pre-recorded. It does not include live sessions, coaching, or individual access to any instructor.

License. Subject to these Terms and your payment of all amounts due, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Course Materials for your own educational use. All rights not expressly granted to you are reserved by the Company.

Duration of Access. You will have access to a Course for as long as the Company makes the current version of that Course available. Your access does not extend to any later version of the Course, and it ends if the Course is discontinued for any reason, including if the Company stops doing business. No refund or credit is owed when your access ends.

Changes to Course Content. The Company may update, revise, reorganize, rename, add to, or remove any Course Materials at any time.

Personal Use Only; No Sharing. Each purchase covers one individual. Your login credentials and Course access are personal to you. You may not share your login information, account, or Course access with anyone; allow anyone else to access a Course through your account; host group viewings; or otherwise make Course Materials available to anyone other than yourself. You are responsible for all activity under your account. If the Company believes your account or access has been shared, it may suspend or terminate your access without refund.

Platform and Technology. You are responsible for the devices, internet service, and software you need to access a Course. The Company is not responsible for interruptions, outages, errors, or data loss caused by Kajabi or any other third-party platform, or by your own equipment or connection.

Payment

Price. The price of a Course is the price stated at checkout, plus any applicable taxes. By completing your purchase, you authorize the Company and its payment processors to charge your selected payment method for all amounts due.

Split Payment. The Company may, at its discretion, offer the option to pay the full Course price in installments ("Split Payment"). Split Payment is offered only as a courtesy. It is not an extension of credit, a loan, or financing, and it is not a subscription or membership. By choosing Split Payment, you agree that:

• you are purchasing the entire Course and owe the full Course price at the time of purchase;
• installments will be charged automatically to your payment method on the schedule shown at checkout until the full price is paid;
• Split Payment does not renew and ends when the final installment is paid; and
• Split Payment cannot be canceled or refunded, and stopping your use of the Course, failing to complete it, or losing access because of a breach of these Terms does not reduce or end the amount you owe.

Failed or Late Payments. If any payment fails or is not made when due, the Company may suspend your access to all Courses until your account is current and may pursue collection of the unpaid balance. Certification will not be issued until the Course price is paid in full.

Chargebacks. You agree to contact the Company to resolve any billing concern before disputing a charge with your bank or card issuer. A chargeback or payment dispute for a charge authorized under these Terms is a breach of these Terms. In that event, the Company may terminate your access, withdraw any certification, and submit these Terms and your purchase and access records in response to the dispute.

Discount Codes. Discount or referral codes, including codes provided by Affiliates, affect only the price you pay. They do not change any other part of these Terms.

Refund Policy

All sales are final. Course Materials are digital and available immediately upon purchase. To the fullest extent permitted by law, the Company does not offer refunds, credits, or exchanges under any circumstances. This includes, without limitation, partial use or no use of a Course; failure to complete a Course; failure to meet certification requirements; dissatisfaction with a Course; changes in your schedule, health, finances, or other circumstances; updates to or retirement of a Course; and termination of your access for breach of these Terms. Any remaining Split Payment installments remain due in each of these situations.

Consumers in the European Union and the United Kingdom. If you live in the European Union or the United Kingdom, you have a legal right to cancel a purchase of digital content within 14 days. By choosing immediate access to a Course at checkout, you request that access begin right away and acknowledge that you lose that cancellation right once access begins.

Certification Courses

This section applies only if you purchase a Certification Course.

Certification Requirements. Certification is available only to purchasers who meet all certification requirements, as described in the Certification Course and its Course Materials. SUPERWELL may update its certification requirements from time to time. Purchasing a Certification Course does not by itself entitle you to certification.

Exam Integrity. You must complete every knowledge check and exam personally and on your own, without help from any other person and without using artificial intelligence tools or any other outside aid not permitted within the Course. You may not copy, record, share, publish, or distribute exam questions or answers.

Issuance of Certification. SUPERWELL will issue certification only after you have enrolled in the Certification Course, paid the Course price in full, and satisfied all certification requirements, as determined by SUPERWELL. Once certified, you will receive the Certification Badge, which you may display in places such as your online profiles, social media bios, email signature, personal website, and résumé, subject to the section titled "Certification Badge License." Your first year of certification is included in the Course price.

Duration and Renewal of Certification. Certification is valid for one (1) year from the date it is issued. You may choose to renew it each year by paying the renewal fee then in effect and completing any renewal requirements SUPERWELL sets, which may include completing new course content. Renewal is not automatic. If you do not renew, your certification expires, and all licenses and rights specific to certification end.

Nature of Certification. Certification recognizes that you completed a SUPERWELL educational program. It is not a professional license, degree, credential, or accreditation, and it is not issued, recognized, or endorsed by any government agency, licensing board, or professional organization. Certification does not authorize you to practice medicine, nursing, dietetics, psychology, counseling, or any other licensed profession, or to provide nutrition services where a license is required. You are solely responsible for knowing and complying with the laws, licensing requirements, and scope-of-practice rules that apply where you live and work.

Withdrawal. A breach of these Terms may result in withdrawal of your certification under the section titled "Withdrawal of Certification." Once your certification expires or is withdrawn, you may no longer use the Certification Badge or describe yourself as certified.

Certification Badge License

Grant. Upon issuance of certification, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to display the Certification Badge, exactly as the Company provides it, for the sole purpose of identifying yourself as having completed the Company's certification.

Describing Your Certification. While your certification is in effect, you may also describe yourself in words as having earned the certification, using the certification title the Company designates, in the same places you may display the Certification Badge.

Restrictions. You may not:

• alter, recolor, crop, animate, distort, or add to the Certification Badge, or combine it with any other name, logo, or design;
• use the Certification Badge, the certification title, or any Company Mark in or as part of a business name, entity name, trade name, product name, program or course name, domain name, social media handle, hashtag used as a brand, or paid search or advertising keyword;
• describe or label your services, programs, courses, products, or content as SUPERWELL offerings, or as based on, informed by, inspired by, derived from, powered by, aligned with, or approved by the Company, its Courses, or the Company Methods (for example, "Informed by SUPERWELL" is not permitted);
• use the Certification Badge or certification title in any way that suggests the Company endorses, sponsors, supervises, employs, or is responsible for you or your services; or
• place the Certification Badge or any Company Mark on merchandise, packaging, or any product.

Brand Guidelines. You must follow any display or brand guidelines the Company provides for the Certification Badge, as updated from time to time.

Goodwill. All use of the Certification Badge and certification title benefits the Company. You acquire no ownership or other rights in either of them.

End of License. This license ends automatically if your certification expires or is withdrawn. You must then remove the Certification Badge and every reference to your certification from all websites, profiles, email signatures, materials, and other places where it appears within five (5) days after your certification expires or the Company sends you notice of withdrawal.

Trademarks

The Company Marks are owned by LoloCo, LLC doing business as SUPERWELL. The license in the section titled "Certification Badge License" is the only permitted use of any Company Mark by anyone, and it extends only to Certified Graduates and only as stated in that section. No other right or license to use any Company Mark is granted or implied by your purchase of, enrollment in, or completion of any Course. You may not register or attempt to register any trademark, business name, domain name, or social media handle that consists of or is confusingly similar to any Company Mark, and you may not challenge the Company's rights in the Company Marks.

No Affiliation

Purchasing, completing, or becoming certified through any Course does not make you an employee, contractor, agent, partner, joint venturer, franchisee, licensee, or representative of the Company. Other than displaying the Certification Badge and describing your certification as permitted in the section titled "Certification Badge License," you may not state or suggest that you are affiliated with, employed by, endorsed by, partnered with, acting on behalf of, or otherwise connected to the Company, its founder, or any Company brand. You have no authority to make any statement, promise, or commitment on the Company's behalf or to bind the Company in any way.

Representing Your Training

Only a Certified Graduate may reference SUPERWELL certification in promoting services. If you are not a Certified Graduate, including if your certification has expired or been withdrawn, you may not advertise or claim any expertise, training, or qualification based on a Course, or reference a Course or the Company in promoting any service.

Intellectual Property

Ownership. The Company and its licensors own all right, title, and interest in and to the Course Materials, the Company Methods as expressed in the Course Materials, and the Company Marks, including all copyrights, trademarks, trade secrets, and other intellectual property rights. Course Materials are licensed to you, not sold.

How You May Use What You Learn. If you are a Certified Graduate, you may apply the knowledge and skills you gained in a Certification Course in your own work with clients, expressed in your own words and through your own materials. If you are not a Certified Graduate, you may apply what you learn only in your own personal life. In either case, this permission is limited by the restrictions below and does not include any right to use the Course Materials themselves with anyone else.

Downloadable Materials. You may print downloadable Course Materials for your own personal use only.

Restrictions. Whether or not you complete a Course or become certified, you may not, and may not allow or help anyone else to, do any of the following:

• Teach. Teach, reteach, present, or deliver any Course, or the Company Methods as a system, to others as a course, curriculum, class, workshop, training, program, or certification, in any setting, whether paid or unpaid.
• Create Derivative Works. Create, publish, sell, or distribute any Derivative Work. This restriction applies to any portion of the Course Materials or Company Methods, however small, and regardless of how much you change, rename, rearrange, or add to it. Prohibited Derivative Works include, without limitation: courses, programs, challenges, workshops, masterclasses, retreats, and retreat programming; coaching frameworks, curricula, protocols, and client programs built on the Company Methods; ebooks, books, guides, workbooks, worksheets, checklists, journals, planners, and handouts; social media posts, carousels, reels, videos, and series that teach, summarize, or walk through Course content; podcasts, webinars, presentations, and slide decks; apps, digital tools, templates, and membership or community content; translations, summaries, condensed versions, and "inspired by" versions of any Course; and any renamed, rebranded, or repackaged version of the Company's frameworks, pillars, structure, terminology, or teaching sequence.
• Copy or Distribute. Copy, reproduce, download (except as the platform expressly permits for your personal use), record, screenshot, screen-capture, print for distribution, distribute, publish, post, publicly display, sell, rent, lend, sublicense, or transmit any Course Materials or any portion of them, whether for a fee or for free, including by sharing them with your clients.
• Reuse the Company Methods. Copy, reproduce, repackage, rename, or reuse the Company Methods, or their frameworks, pillars, structure, terminology, or teaching sequence, in anything you create, offer, or sell, or present any of them as your own or as inspired by or connected to the Company or its brand.
• Use Artificial Intelligence Tools. Upload, input, or submit any Course Materials, or any portion of them, into any artificial intelligence tool, model, or platform, including to summarize, rewrite, translate, analyze, or generate content from them, or to train or improve any model.
• Remove Notices. Remove, obscure, or alter any copyright, trademark, or other proprietary notice.
• Circumvent Protections. Bypass or interfere with any access control, download restriction, or security feature of a Course or platform.

Credit Is Not Permission. Crediting, citing, or attributing the Company or its founder does not make a prohibited use permitted.

Feedback. If you give the Company suggestions or feedback about a Course, the Company may use them without any obligation to you.

Remedies. Any unauthorized use of the Course Materials, Company Methods, or Company Marks would cause the Company irreparable harm for which money damages would not be an adequate remedy. In addition to any other remedy available, the Company may seek injunctive relief, without posting a bond, to stop or prevent that use, and may terminate your access and withdraw your certification without refund. The Company may also recover the reasonable attorneys' fees and costs it incurs enforcing this section.

Survival. This section survives completion of any Course, issuance or withdrawal of certification, and termination of these Terms.

Educational Purpose; Health and Medical Disclaimer

Educational Purposes Only. All Courses, Course Materials, and related content are provided for general educational and informational purposes only. They are not medical, mental health, nutrition, legal, tax, financial, or other professional advice and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition.

No Professional Relationship. Purchasing or participating in a Course does not create a physician-patient, provider-client, coaching, or other professional relationship between you and the Company, its founder, or any instructor. The Company and its instructors are not acting as your physician, dietitian, nurse, therapist, or other licensed healthcare provider.

Consult Your Healthcare Provider. Always consult your physician or another qualified healthcare provider before changing your diet, nutrition, supplementation, fasting, exercise, sleep, or lifestyle, and before trying any practice discussed in a Course, including cold exposure, heat therapy, breathwork, or changes to what, when, or how you eat. This is especially important if you are pregnant or nursing, have a medical condition, take any medication, or are under a doctor's care. Never disregard professional medical advice or delay seeking it because of something you learned in a Course. If you think you may be having a medical emergency, call 911 or your local emergency number immediately.

Health Data and Devices. Any discussion of health tracking tools, such as continuous glucose monitors, wearable devices, or lab tests, is for educational purposes only. Courses do not interpret your personal health data, and you should review your data and results with your healthcare provider.

Supplements and Products. Statements in any Course about dietary supplements, foods, or other products have not been evaluated by the Food and Drug Administration. Any product mentioned in a Course is not intended to diagnose, treat, cure, or prevent any disease.

Individual Differences. Every person's body, health history, and circumstances are different. Information that is appropriate for one person may not be appropriate for you.

Assumption of Risk and Release. Wellness practices, physical activity, dietary changes, and temperature-based practices such as cold and heat exposure carry inherent risks, including illness, injury, and, in rare cases, serious harm. You alone decide whether and how to apply anything you learn, and you voluntarily assume all risks of doing so. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE THE COMPANY AND ITS MEMBERS, MANAGERS, FOUNDER, INSTRUCTORS, EMPLOYEES, AND CONTRACTORS FROM ANY AND ALL CLAIMS ARISING FROM OR RELATED TO YOUR PARTICIPATION IN ANY COURSE OR YOUR APPLICATION OF ANY COURSE CONTENT, INCLUDING CLAIMS ARISING FROM THEIR OWN NEGLIGENCE.

Certified Graduate Responsibilities

This section applies to Certified Graduates.

Your Independent Practice. Any services you provide are your own. You are solely responsible for your services, clients, business decisions, client agreements, pricing, insurance, records, and legal compliance. The Company does not supervise, review, or control your services and is not responsible for them or for any results your clients experience.

Scope of Practice. You may not diagnose, treat, or prescribe for any medical or mental health condition, or advise anyone to stop or change any medication or prescribed treatment, unless you hold a license that permits you to do so, and then only under that license and not under your certification. You may not represent your certification as a license or as qualifying you to provide any licensed service. You are responsible for referring clients to qualified licensed professionals for medical, mental health, and nutrition concerns that fall outside your lawful scope.

Health and Results Claims. You may not claim, in connection with your certification, the Company, its Courses, or any Company Mark, that any practice, program, food, supplement, or product will diagnose, treat, cure, or prevent any disease, or that it will produce any specific health, weight, financial, or other result. You may not make any claim about the Company's products or services other than claims the Company itself has published.

Advertising Compliance. Your marketing must be truthful, not misleading, and supported by competent and reliable evidence where the law requires. If you mention or promote the Company or its Courses and have any material connection to the Company, including compensation, free or discounted access, or an Affiliate relationship, you must clearly and conspicuously disclose that connection as required by the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising and any other applicable law.

Client Information. You are responsible for protecting your clients' personal and health information as required by applicable law.

Lawful Conduct. You may not use your certification in connection with any unlawful, deceptive, fraudulent, or harassing activity.

Withdrawal of Certification

Grounds. The Company may withdraw your certification, in its reasonable discretion, if you breach these Terms, including if you:

• infringe or misappropriate the Company's intellectual property, including by copying Course Materials, creating Derivative Works, teaching any Course, or reusing the Company Methods;
• misuse the Certification Badge, the certification title, or any Company Mark;
• hold yourself out as affiliated with the Company beyond what these Terms permit;
• make prohibited health or results claims, or act outside your lawful scope of practice;
• violate the exam integrity rules;
• fail to pay any amount owed or initiate a chargeback; or
• provide false information to the Company or engage in unlawful, deceptive, or fraudulent conduct in connection with your certification.

Effect. When certification is withdrawn, your certification and your Certification Badge license end immediately, the removal requirement in the section titled "Certification Badge License" applies, and no refund is owed. The Company may also remove you from any directory or listing of Certified Graduates.

No Guarantee of Results

The Company does not promise or guarantee that you will achieve any particular health, wellness, physical, weight, energy, appearance, financial, business, or other result from any Course, from becoming certified, or from applying anything you learn. Your results depend on many factors outside the Company's control, including your health history, genetics, consistency, effort, circumstances, and choices.

Testimonials and Examples. Testimonials, success stories, and examples the Company shares reflect the experiences of the specific individuals involved. They are not a promise or prediction of your results, and you should not purchase a Course in reliance on achieving the same or similar outcomes.

Income and Business Results. Certification does not guarantee clients, income, or business success, and the Company makes no representation about the earning potential of Certified Graduates.

Affiliates and Third-Party Statements

Independent Affiliates. Affiliates are independent third parties. They are not employees, agents, or representatives of the Company and have no authority to make any representation, warranty, promise, or commitment on the Company's behalf. Affiliates may receive compensation, discounts, or other benefits for promoting Courses.

What You Are Purchasing. A Course consists only of what is described on the Official Course Page at the time of your purchase, as governed by these Terms. The Company is not bound by and is not responsible for any statement, description, promise, or claim about a Course, its content, its results, or certification made by an Affiliate or any other third party. By purchasing, you confirm that you are relying only on the Official Course Page and these Terms, and not on any statement by an Affiliate or other third party. If an Affiliate has said something about a Course that concerns you, please contact the Company at team@superwell.com. The description of the Course at the time of checkout controls over any representation by an Affiliate. If an Affiliate promises you anything in addition to the Course, including any bonus, product, or service offered for using the Affiliate’s code or link, you agree that the Affiliate alone is responsible for delivering it.

Testimonials, Content, and Graduate Listing

Testimonials and Content. If you submit a testimonial, review, photo, video, or other content to the Company, or create content for the Company (your "Content"), you grant the Company an irrevocable, perpetual, worldwide, royalty-free license to use, copy, edit, display, and share your Content, along with your name, likeness, and any results you describe, in its marketing and in any other way, without payment to you. You confirm that your Content reflects your honest opinion and actual experience and does not infringe anyone's rights.

Graduate Listing. If you become a Certified Graduate, you agree that the Company may list your name, certification status, and the business or contact information you provide in a public directory or similar listing. The Company is not required to create a directory or to list you. You may ask to be removed at any time by emailing team@superwell.com.

Termination of Access

The Company may suspend or terminate your access to any Course or certification, without refund, if you breach these Terms. You may stop using a Course at any time, but doing so does not entitle you to a refund or end any payment obligation. Every provision of these Terms that by its nature should continue after your access ends, after your certification expires or is withdrawn, or after these Terms terminate will continue in effect, including the sections titled "Payment," "Refund Policy," "Certification Badge License," "Trademarks," "No Affiliation," "Representing Your Training," "Intellectual Property," "Educational Purpose; Health and Medical Disclaimer," "Certified Graduate Responsibilities," "Withdrawal of Certification," "No Guarantee of Results," "Affiliates and Third-Party Statements," "Testimonials, Content, and Graduate Listing," "Disclaimer of Warranties; Limitation of Liability; Indemnification," "Dispute Resolution; Arbitration; Class Action Waiver," and "General Terms."

Disclaimer of Warranties; Limitation of Liability; Indemnification

Disclaimer of Warranties. COURSES, COURSE MATERIALS, AND CERTIFICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND COMPLETENESS, AND ANY WARRANTY THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY DOES NOT WARRANT THAT ANY COURSE WILL MEET YOUR NEEDS OR BE SUITABLE FOR ANY PARTICULAR PURPOSE.

Experience and Opinion. Much of the content in each Course reflects the personal experience, opinions, and perspectives of the Company's founder and instructors. Wellness research changes over time, and the Company does not guarantee that any information in a Course is accurate, complete, current, or scientifically established. You are responsible for evaluating the information for yourself and confirming it with qualified professionals before relying on it.

Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, FOUNDER, INSTRUCTORS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA, ARISING OUT OF OR RELATED TO ANY COURSE, CERTIFICATION, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO ANY COURSE, CERTIFICATION, OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE COURSE GIVING RISE TO THE CLAIM.

Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS MEMBERS, MANAGERS, FOUNDER, INSTRUCTORS, EMPLOYEES, AND CONTRACTORS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO: YOUR BREACH OF THESE TERMS; YOUR USE OR APPLICATION OF ANY COURSE CONTENT, INCLUDING ANY SERVICES YOU PROVIDE TO OTHERS; ANY STATEMENT, CLAIM, OR ADVERTISING YOU MAKE; YOUR MISUSE OF THE COURSE MATERIALS, COMPANY METHODS, OR COMPANY MARKS; AND YOUR VIOLATION OF ANY LAW OR ANY THIRD PARTY'S RIGHTS.

Dispute Resolution; Arbitration; Class Action Waiver

Governing Law. These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement in this section.

Informal Resolution. Before starting arbitration, you and the Company agree to try to resolve any dispute informally. The party raising the dispute must send the other party written notice describing the dispute and the relief requested, and both parties will work in good faith to resolve it within thirty (30) days after the notice is received. Notices to the Company must be sent to team@superwell.com.

Binding Individual Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, any Course, any certification, or your relationship with the Company, including any dispute about the scope, validity, or enforceability of this arbitration agreement, will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The arbitration will be heard by a single arbitrator and seated in the State of Missouri. Hearings will take place by video or phone unless both parties agree otherwise, and may be conducted on written submissions where the rules permit. Judgment on the award may be entered in any court with jurisdiction.

Class Action Waiver. YOU AND THE COMPANY EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class, collective, or representative proceeding. If this class action waiver is found unenforceable as to any claim, that claim will be severed and decided by a court as provided below, after individual arbitration of all other claims, and in no event will any claim proceed in arbitration on a class, collective, or representative basis.

Jury Trial Waiver. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies. The Company may seek injunctive or other equitable relief in court to protect its intellectual property, Company Marks, or confidential information without first completing informal resolution or arbitration.

Venue for Court Proceedings. Any court proceeding permitted under these Terms will be brought exclusively in the state or federal courts located in the State of Missouri, and you consent to the personal jurisdiction of those courts.

Time to Bring Claims. To the extent permitted by law, any claim arising out of or related to these Terms or any Course must be brought within one (1) year after the claim arises, or it is permanently barred.

Customers Outside the United States

Courses are available worldwide. If you are a consumer in the European Union, the United Kingdom, Canada, or Australia, the mandatory consumer protection laws of the place where you live apply to you, and nothing in these Terms limits them, including any right to a repair, replacement, or refund for digital content that is faulty or not as described, and the consumer guarantees under the Australian Consumer Law. Where those laws do not allow any part of these Terms to apply to you, including the arbitration, class action waiver, governing law, venue, or limitation of liability provisions, that part does not apply, and you may bring claims in the courts where you live.

General Terms

Changes to These Terms. The Company may update these Terms from time to time by posting a revised version with a new "Last Updated" date. The version in effect at the time of your purchase governs that purchase, except that updates to certification requirements, platform use, and Certification Badge display guidelines apply once posted.

Entire Agreement. These Terms, together with the incorporated terms and the Official Course Page in effect at the time of your purchase, are the entire agreement between you and the Company about your purchase and replace any prior statements or understandings.

Honest Reviews. Nothing in these Terms limits your right to share an honest review of, or opinion about, a Course or the Company.

Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full effect.

No Waiver. The Company's failure to enforce any provision of these Terms is not a waiver of its right to enforce it later.

Assignment. You may not assign or transfer these Terms, your Course access, or your certification. The Company may assign these Terms, including in connection with a merger, acquisition, or sale of assets.

Events Beyond Our Control. The Company is not responsible for any delay or failure to perform caused by events beyond its reasonable control, including platform outages, internet failures, natural disasters, illness, or government action.

Electronic Communications. You agree to receive notices and other communications from the Company electronically, including by email to the address associated with your purchase.

Contact. Questions about these Terms may be directed to:

LoloCo, LLC dba SUPERWELL

team@superwell.com