Terms of Purchase and Refund Policy
These Terms of Purchase and Refund Policy (these “Terms of Purchase”) govern all purchases of products from LoloCo, LLC, doing business as SUPERWELL (“we,” “us,” or “our”) made through the website located at www.superwell.com (the “Site”) and the checkout and payment tools we use. By placing an order, you agree to these Terms of Purchase. If you do not agree, do not make a purchase.
Some checkout platforms display this document under a different title, such as “Terms of Service.” Whatever title it appears under, this document governs your purchases.
IMPORTANT: THESE TERMS OF PURCHASE INCLUDE A DISPUTE RESOLUTION SECTION THAT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH US THROUGH INDIVIDUAL BINDING ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO BRING OR TAKE PART IN A CLASS ACTION. PLEASE READ THAT SECTION CAREFULLY.
How These Terms Fit With Our Other Policies
Your use of the Site is governed by our Terms of Use, and our Privacy Policy explains how we handle personal information. If these Terms of Purchase conflict with our Terms of Use about a purchase, these Terms of Purchase control. Courses and certification programs are governed by our Course Terms of Purchase and Refund Policy, not these Terms of Purchase.
Who May Buy
You must be at least 18 years old, or the age of majority where you live if that is older, to make a purchase.
Changes to These Terms
We may update these Terms of Purchase by posting a new version and changing the “Last Updated” date above. Each order is governed by the version in effect when you place it.
Product Information
We work to describe and show our products accurately, but colors and details can look different on different screens, and descriptions, prices, and availability may contain errors. We may correct errors and update information at any time, including after you place an order. If an error affects your order, we will let you know and give you the option to continue or cancel.
Apparel and Merchandise
Size charts are a guide, and fit may vary by style. Colors, prints, and finishes may vary slightly between production runs and from what appears on your screen. Follow the care instructions on each item. We are not responsible for wear or damage from normal use or from not following the care instructions.
Prices and Taxes
Prices are shown in the currency displayed at checkout and may change at any time before you place your order. Taxes, shipping, and any other charges are shown at checkout before you pay.
Orders
Your order is an offer to buy. We may accept or decline any order for any reason, including suspected fraud, errors in pricing or product information, or limits on quantities. An order confirmation email means we received your order, not that we accepted it. We accept your order when we ship it or give you access to it. If we cancel an order after you are charged, we will refund the amount charged to your original payment method.
Pre-Orders
Some products may be offered for pre-order before they are available. Payment for a pre-order will be charged as shown at checkout, and each pre-order will show an estimated ship date. If we cannot ship by that date, we will notify you with a revised ship date and give you the choice to accept the delay or cancel your order. If you cancel, or if we cannot ship your order, we will promptly refund any amount charged.
Payment
We accept credit and debit cards, PayPal, buy now, pay later services, and Apple Pay and Google Pay, as shown at checkout. Payments are processed by third-party payment providers under their own terms and security practices. By submitting payment information, you confirm that you are authorized to use the payment method and that your information is accurate, and you authorize us and our payment providers to charge the full amount of your order. If you choose a buy now, pay later option, your payment plan is between you and that provider and is governed by its terms.
If you believe a charge is wrong, contact us at team@superwell.com before disputing it with your bank so we can try to fix it. If you dispute a valid charge, we may suspend your access to any product connected to it and seek payment by other lawful means.
Affiliates and Promotional Codes
Some people who promote our products are affiliates who may earn a commission or other benefit when you buy through their link or code. Affiliates are independent. They are not our employees, agents, or representatives and cannot make any promise on our behalf. Promotional and affiliate codes must be entered at checkout, cannot be applied after purchase, and change only the price you pay. Any bonus, discount, product, service, or other offer an affiliate provides on its own, including anything offered for using the affiliate’s code or link, is solely between you and that affiliate, and we are not responsible for it. We are bound only by the product descriptions and offers we publish on the Site.
Personal Use Only
Products are sold for personal use only. You may not resell, redistribute, or export products you buy from us without our written permission, and we may cancel or limit orders we believe are placed for resale.
Our Content
Our books, audiobooks, ebooks, downloads, and other products, and the text, images, designs, and other content in them, are owned by us or our licensors and protected by copyright and trademark law. Buying a product does not give you any right to copy, reproduce, distribute, publicly share, adapt, or create derivative works from its content, or to use our names or logos.
Shipping and Delivery
We ship only to addresses in the United States. Orders typically ship within 7 days after they are placed, not counting weekends and holidays. Delivery estimates are not guaranteed, and we are not responsible for delays caused by carriers, weather, or other events outside our control. You are responsible for giving us a complete and accurate shipping address. If you notice a mistake in your order or address, contact us right away at team@superwell.com. We may not be able to make changes once an order has been processed.
Title and risk of loss pass to you when we deliver your order to the carrier, to the extent permitted by law. Tracking or delivery confirmation from the carrier is proof of delivery. If tracking shows your order was delivered but you did not receive it, contact us within 7 days after the delivery date and we will replace it.
Returns and Exchanges
Damaged or incorrect items. If an item arrives damaged or defective, or is not what you ordered, contact us at team@superwell.com within 5 days after delivery with your order number and photos of the problem. We will cover return shipping, and once we confirm the problem, we will send you a replacement.
Exchanges. You may exchange an item for a different size or color within 14 days after delivery. Items must be unworn, unwashed, and in their original condition with the original tags attached. You are responsible for shipping costs for the exchange. Exchanges are subject to availability.
Final sale. Sale, clearance, and limited-edition items are final sale and cannot be exchanged unless they arrive damaged, defective, or incorrect.
Except as described in this section, all sales are final and we do not offer refunds.
Digital Products
When you buy a digital product, such as an ebook, audiobook, download, or template, you receive a limited, non-exclusive, non-transferable license to access and use it for your personal use. If the product is a template, you may edit it for that same use. We keep all ownership of our digital products. You may not share your access, resell, redistribute, publish, or give away any part of a digital product, upload it to file-sharing sites or artificial intelligence tools, or use it to create a competing product. Access lasts for the period described at checkout, or if no period is stated, for as long as we continue to offer the product. We may end your access without a refund if you violate this license.
Because digital products can be accessed right away, all sales of digital products are final. We do not offer returns or refunds on digital products, except where the law requires otherwise.
If you are a consumer in the European Union or the United Kingdom, you have a right to cancel a digital content purchase within 14 days. By choosing to access digital content right away, you agree to immediate delivery and acknowledge that you lose that cancellation right once delivery begins.
Health and Wellness Information
Content in our books, digital products, and other products is for general educational and informational purposes only. It is not medical advice and is not intended to diagnose, treat, cure, or prevent any disease. Talk with your physician or another qualified healthcare provider before changing your diet, exercise, supplements, or other health practices, especially if you are pregnant or nursing, have a medical condition, or take medication. Statements about supplements or other products have not been evaluated by the Food and Drug Administration. You are responsible for how you use any information in our products.
Disclaimer of Warranties
OUR PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT ANY PRODUCT WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR RESULT. SOME PLACES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF WE WERE TOLD THESE DAMAGES WERE POSSIBLE.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO AN ORDER OR THESE TERMS OF PURCHASE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM, OR $100 IF THAT ORDER WAS FREE.
THESE LIMITS APPLY UNDER EVERY LEGAL THEORY, INCLUDING CONTRACT, TORT, NEGLIGENCE, AND STRICT LIABILITY. THEY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
Dispute Resolution
Informal resolution first. Before starting an arbitration or court case, you and we agree to try to resolve any dispute informally. The party raising the dispute must send the other a written notice that includes the sender’s name and contact information, a description of the dispute, and the relief requested. Send notices to us at team@superwell.com. We will send notices to you at the email or mailing address we have for you. For 60 days after a notice is received, the parties will work in good faith to resolve the dispute, which may include a call or video meeting. Neither party may start an arbitration during that period, and any deadline to bring the claim is paused until it ends.
Binding arbitration. If a dispute is not resolved informally, any dispute, claim, or controversy between you and us arising out of or relating to these Terms of Purchase, the Site, our products, or our advertising or marketing, whether based on contract, statute, tort, or any other legal theory, will be resolved by binding arbitration on an individual basis. The American Arbitration Association (“AAA”) will administer the arbitration under its rules in effect when the arbitration is filed, including its Consumer Arbitration Rules where they apply. The Federal Arbitration Act governs this agreement to arbitrate. The arbitrator will decide all questions about whether a dispute must be arbitrated, including the scope, validity, and enforceability of this agreement to arbitrate, except that a court will decide any question about the class action waiver below. The arbitration will be seated in the State of Missouri, and hearings will take place by video or phone unless both parties agree otherwise. Arbitration fees will be paid as the AAA rules provide.
Small claims court. Either party may bring an individual claim in small claims court instead of arbitration, as long as the claim qualifies and stays in that court on an individual basis.
No class actions. YOU AND WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking it and only as needed to resolve that party’s individual claim. If a court decides that this class action waiver cannot be enforced for a particular claim or request for relief, that claim or request will be decided by a court, not an arbitrator, and the court case will be paused until arbitration of any individual claims is complete. If applicable law does not allow a waiver of the right to seek public injunctive relief, any request for that relief will be decided by a court after arbitration of all individual claims is complete.
Mass filings. If 25 or more similar arbitration demands are filed against us by or with the help of the same or coordinated law firms or organizations, the AAA’s Mass Arbitration Supplementary Rules will apply, and the parties will cooperate in good faith to resolve the demands in batches in the order they were filed. Any deadline to bring a claim is paused for each demand while it waits to be heard.
Limits on remedies. If any limit on damages or other remedies in these Terms of Purchase cannot be enforced for a particular claim under applicable law, that limit will not apply to that claim, and the claim will still be resolved through arbitration.
Intellectual property claims. Nothing in these Terms of Purchase requires us to arbitrate, or to send an informal dispute notice about, any claim that you have infringed, misappropriated, or otherwise violated our trademarks, copyrights, trade secrets, or other intellectual property rights. We may bring those claims, and seek injunctive or other relief, including subpoenas and other court orders, in any court of competent jurisdiction.
Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE THAT PROCEEDS IN COURT.
Changes to this section. If we change this Dispute Resolution section, the change will not apply to any dispute that arose before the updated version was posted.
Time Limit to Bring Claims
Any claim arising out of or relating to these Terms of Purchase must be brought within one year after the claim arises, or within the shortest period allowed by applicable law if that period is longer than one year. Any claim not brought within that time is permanently barred.
Governing Law
These Terms of Purchase are governed by the laws of the State of Missouri, without regard to its conflict of law rules. Any court proceeding permitted under these Terms of Purchase will be brought only in the state or federal courts located in the State of Missouri, and you consent to the personal jurisdiction of those courts. The Federal Arbitration Act governs the Dispute Resolution section.
Customers Outside the United States
We ship physical products only within the United States. Digital products 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 of Purchase 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 of Purchase 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
Entire agreement. These Terms of Purchase, together with the details shown at checkout and in your order confirmation, are the entire agreement between you and us about your purchase. Our Terms of Use separately govern your use of the Site.
Severability. If any part of these Terms of Purchase is found unenforceable, that part will be enforced to the greatest extent allowed, and the rest of these Terms of Purchase will stay in effect.
No waiver. Our failure to enforce any part of these Terms of Purchase is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms of Purchase or your rights under them. We may assign these Terms of Purchase, including in connection with a sale, merger, or reorganization of our business.
Events outside our control. We are not responsible for any delay or failure to perform caused by events outside our reasonable control, such as natural disasters, power or internet outages, labor disputes, government action, or failures of third-party services.
No third-party rights. No one other than you and us has any rights under these Terms of Purchase.
Interpretation. Headings are for convenience only. The word “including” means “including without limitation.”
Contact Us
If you have questions about these Terms of Purchase, contact us at:
LoloCo, LLC team@superwell.com