Terms of Use
These Terms of Use (these “Terms”) govern your access to and use of the website located at www.superwell.com (the “Site”), operated by LoloCo, LLC, doing business as SUPERWELL (“we,” “us,” or “our”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
IMPORTANT: THESE TERMS 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.
Our Other Policies
Our Privacy Policy, available on the Site, explains how we collect, use, and share personal information. It is a separate document and is not part of these Terms.
Purchases of products are governed by our Terms of Purchase and Refund Policy, which may appear at checkout under the title “Terms of Service.” Purchases of courses and certification are governed by our Course Terms of Purchase and Refund Policy. Both are available on the Site and at checkout. If these Terms conflict with either of those documents about a purchase, that document controls.
Our Website Disclaimer, available on the Site, explains the limits of the information we share.
Who May Use the Site
You must be at least 18 years old, or the age of majority where you live if that is older, to use the Site.
Changes to These Terms
We may update these Terms from time to time by posting a new version on the Site and changing the “Last Updated” date above. Changes take effect when posted. By continuing to use the Site after changes are posted, you accept the updated Terms. Changes will not apply to any dispute that arose before the updated Terms were posted.
Using the Site
Subject to these Terms, we give you a limited, non-exclusive, non-transferable, revocable permission to access and use the Site for your personal, non-commercial use. When using the Site, you agree not to:
- break any law, or help anyone else do so;
- copy, scrape, or collect content or data from the Site using bots, scripts, or other automated tools;
- use content from the Site to train, develop, or improve artificial intelligence or machine learning tools without our written permission;
- access or attempt to access any part of the Site, any account, or any system you are not authorized to access;
- interfere with, disrupt, or overload the Site or its security features, or upload viruses or other harmful code;
- impersonate anyone or misrepresent your connection with any person or business;
- harass, threaten, or harm others;
- send spam or unsolicited advertising through the Site; or
- use the Site to build or support a competing product or service.
Your Account
Some features require an account. You agree to give accurate, current information and keep it updated, keep your login details confidential, and not share your account with anyone else. You are responsible for all activity under your account. Tell us right away at team@superwell.com if you believe someone has accessed your account without permission. We may suspend or close your account if you violate these Terms, and if we do, you may not create a new account without our permission.
Our Content and Trademarks
The Site and everything on it, including text, graphics, photos, videos, audio, logos, designs, software, and the way it is all arranged (the “Content”), are owned by us or our licensors and are protected by copyright, trademark, and other laws. Our names, logos, and slogans, including SUPERWELL, are our trademarks, and you may not use them without our written permission, including in domain names, social media handles, advertising, or paid search keywords. Nothing in these Terms gives you ownership of, or any right to use, the Site or the Content except for the limited permission described above, and we reserve all rights not expressly granted.
You may view, download, and print free content we make available on the Site, such as blog posts, guides, and free downloads, for your own personal use, and you may share links to it. You may not sell, republish, redistribute, or modify that content, remove any copyright or other notices from it, or present it as your own without our written permission.
Reviews and Testimonials
If you submit a review, testimonial, rating, or similar feedback about us or our products or services (a “Review”), you keep ownership of it. You give us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, display, and share your Review, along with the name or username you submit with it, on our website, social media, and other marketing. We may shorten a Review for length or format, but we will not change its meaning.
By submitting a Review, you confirm that it reflects your own honest experience, that you have disclosed any payment, discount, free product, or personal or business relationship with us connected to it, and that it does not infringe anyone else’s rights.
We welcome honest feedback, positive or negative. We may remove or decline to post a Review that is unlawful, defamatory, harassing, obscene, spam, unrelated to our products or services, infringing, or that includes another person’s private or confidential information. Reviews reflect the views of the people who write them and are not statements by us.
Copyright Complaints
We respect intellectual property rights. If you believe material on the Site infringes your copyright, send a notice to team@superwell.com with the subject line “Copyright Notice.” Your notice must include your physical or electronic signature; identification of the copyrighted work; identification of the material you believe is infringing and where it appears on the Site; your contact information; a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.
Feedback
If you send us ideas, suggestions, or other feedback, we may use them for any purpose without paying or crediting you.
Giveaways and Promotions
We may run giveaways, contests, or other promotions. Each will have its own official rules, and if those rules conflict with these Terms, the official rules control for that promotion. Promotions are void where prohibited by law.
Text Messages
If you sign up to receive text messages from us, you agree to receive recurring marketing and informational texts at the phone number you provide, which may be sent using automated technology. Agreeing is not a condition of any purchase. Message frequency varies, and message and data rates may apply. Reply STOP to cancel or HELP for help. Wireless carriers are not responsible for delayed or undelivered messages.
Electronic Communications
When you use the Site, email us, or sign up for communications from us, you agree that we may communicate with you electronically, and that notices, disclosures, and other communications we send electronically satisfy any requirement that they be in writing.
Other Companies’ Websites and Services
The Site may link to or use websites, tools, and services run by other companies, such as payment, checkout, and course platforms. We do not control them and are not responsible for their content, policies, or practices, and your use of them is governed by their own terms.
Social Media
We have pages and accounts on social media platforms, including Instagram, Facebook, TikTok, YouTube, LinkedIn, and Pinterest. Your use of those platforms is governed by their own terms and policies. Comments and posts by others on our social media pages reflect their own views, not ours. We may hide or remove comments on our pages that are unlawful, abusive, spam, or off-topic, but we do not have to monitor them.
Information on the Site
Information on the Site is for general information only. We try to keep it accurate, but it may contain errors or become outdated, and we may change it at any time without notice. It is not professional advice, and our Website Disclaimer explains more about how to use the information we share.
Availability of the Site
We may change, suspend, or discontinue any part of the Site at any time, including for maintenance, without notice. We are not liable if the Site is unavailable for any period.
Ending Your Access
We may suspend or end your access to the Site at any time, for any reason, including if we believe you have violated these Terms. Provisions of these Terms that by their nature should continue after your access ends will continue, including those about ownership, disclaimers, limits of liability, indemnification, and dispute resolution.
Disclaimer of Warranties
THE SITE AND ALL CONTENT, FEATURES, AND MATERIALS ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION ON IT IS ACCURATE, COMPLETE, OR CURRENT. SOME PLACES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Warranties for products and courses you buy from us, if any, are addressed only in our Terms of Purchase and Refund Policy and our Course Terms of Purchase and Refund Policy.
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 THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US DURING THE 90 DAYS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $500.
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.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless us and our owners, employees, contractors, and agents from any claims, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms, your violation of any law or anyone else’s rights.
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, the Site, our products or services, 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 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 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 or the Site 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 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 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.
Using the Site Outside the United States
We operate the Site from the United States. We do not claim that the Site or its content is appropriate or available in every country. If you access the Site from outside the United States, you are responsible for following local laws. You may not use the Site if you are located in a country subject to U.S. government sanctions or are on any U.S. government list of prohibited or restricted parties.
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. 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
Entire agreement. These Terms, together with any additional terms we post for specific features or promotions, are the entire agreement between you and us about your use of the Site. Our Terms of Purchase and Refund Policy and our Course Terms of Purchase and Refund Policy separately govern purchases.
Severability. If any part of these Terms is found unenforceable, that part will be enforced to the greatest extent allowed, and the rest of these Terms will stay in effect.
No waiver. Our failure to enforce any part of these Terms is not a waiver of our right to enforce it later.
Assignment. You may not assign or transfer these Terms or your rights under them. We may assign these Terms, 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.
Interpretation. Headings are for convenience only. The word “including” means “including without limitation.”
Contact Us
If you have questions about these Terms, contact us at:
LoloCo, LLC team@superwell.com