Terms and Conditions

Super Heroic, Inc.

TERMS OF SERVICE

Last Updated:  June 28, 2017

Welcome to Super Heroic!  Please read these Terms of Service (the “Terms”) and our Privacy Policy carefully because they govern your use of Super Heroic website, located at www.superheroic.com (the “Site”), the Super Heroic mobile application (the “App”), and the accessible via our App. To make these Terms easier to read, the Site, the App and the services we offer through each are collectively called the “Services.”

Agreement to Terms

By using our Services, you agree to be bound by these Terms.  If you don’t agree to be bound by these Terms, do not use the Services.  

IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.

PHYSICAL ACTIVITY NOTICE

THE SERVICES MAY INCLUDE FEATURES THAT PROMOTE PHYSICAL ACTIVITY. CONSIDER THE RISKS INVOLVED AND CONSULT WITH YOUR MEDICAL PROFESSIONAL BEFORE YOU OR YOUR CHILD (AS DEFINED BELOW) ENGAGE IN ANY PHYSICAL ACTIVITY. SUPER HEROIC IS NOT RESPONSIBLE OR LIABLE FOR ANY INJURIES OR DAMAGES YOU OR YOUR CHILD MAY SUSTAIN FROM USE OF, OR INABILITY TO USE, THE FEATURES OF THE SERVICES.

Privacy Policy  

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.  You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Additional Terms

Certain portions of the Services may be subject to additional terms and conditions specified by us from time to time elsewhere on the Services; your use of such portions of the Services is subject to those additional terms and conditions. Our products have individual warranties, and our Terms of Sale apply to product purchasing, and the placement and processing of orders for our products placed on our Site.  In the event of a conflict between the additional terms or other agreements and any provision in these Terms, the additional terms will prevail, but only with respect to the portion of the Services to which the additional terms apply.

Changes to Terms or Services

We may update the Terms at any time, in our sole discretion.  If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications.  It’s important that you review the Terms whenever we update them or you use the Services.  If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms.  If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore.  Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.  

Who May Use the Services?

You may use the Services only if you are 18 years or older and capable of forming a binding contract with Super Heroic and are not barred from using the Services under applicable law.

Registering for the Services

Registration and Your Information.  If you want to use certain features of the Services you’ll have to create an account (“Account”) and become a registered user (“User”).  You can do this via the App or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”).  If you choose the SNS Account option we’ll create your Account by extracting from your SNS Account certain personal information, such as your name and email address, and other information that your privacy settings on your SNS Account permit us to access.

Accuracy of Account Information.  It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date.  If you don’t, we might have to suspend or terminate your Account.  You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account.  You’re responsible for all activities that occur under your Account, whether or not you know about them.

How the Services Work.

General.  You, as a parent or legal guardian of a child under the age of 18 (your “Child”), can use the Services to measure your Child’s foot, purchase shoes for your Child, learn about activities your Child can do, and track your Child’s activities.

Child Data. As part of the Services, you can use the App to submit the following data regarding your Child: (i) name; (ii) images of your Child’s feet; (iii) foot size; (iv) birthday; and (v) gender (collectively, “Child Data”). You acknowledge and agree that Super Heroic may use the Child Data to provide the Services to you and, on an anonymous or aggregate basis, to improve our products and services or for internal analysis and research. You represent and warrant that you are the parent or legal guardian of the Child to whom the Child Data pertains. You also represent and warrant that  neither provision of the Child Data by you nor any use of the Child Data by Super Heroic for the Purpose will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sharing. The Services may enable you to post information publicly on your SNS Account at your request. YOU ACKNOWLEDGE SOLE RESPONSIBILITY FOR AND ASSUME ALL RISK ARISING FROM ANY INFORMATION YOU SHARE. SUPER HEROIC IS NOT RESPONSIBLE FOR ANY CONSEQUENCES OF ANY USE OR DISCLOSURE OF YOUR INFORMATION, INCLUDING CHILD DATA, BY YOU OR ANY THIRD PARTIES TO WHOM YOU PROVIDE SUCH INFORMATION.

Purchases.  You may be able to purchase products through the Services. Such purchases will be governed by our Terms of Sale, available at www.superheroic.com/pages/terms-and-conditions.

Content and Content Rights.  

Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you, or any other User, provide to be made available through the Services (including Child Data).  The Content on the Services may include, without limitation, User Content submitted by you or any other User.

Content Ownership, Responsibility and Removal.  Super Heroic does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.  Subject to the foregoing, Super Heroic and its licensors (including, without limitation, other Users) exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights.  You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries.  You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You.  By making any User Content available through Services you hereby grant to Super Heroic a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify and distribute your User Content in connection with operating and providing the Services and Content to you and to other Users and, on an anonymous or aggregate basis, to improve our products and services or for internal analysis and research.

Responsibility for User Content.  You are solely responsible for all your User Content.  You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.  You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Super Heroic on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 



Removal of User Content.  You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services.  We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

Rights in Content Granted by Super Heroic.  Subject to your compliance with these Terms, Super Heroic grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

Rights and Terms for Apps

Rights in App Granted by Super Heroic.  Subject to your compliance with these Terms, Super Heroic grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.  You may not copy the App, except for making a reasonable number of copies for backup or archival purposes.  Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.  Super Heroic reserves all rights in and to the App not expressly granted to you under these Terms.

App Store Terms. If you use the App on an Apple, Inc. (“Apple”) device, you acknowledge and agree that:

• These Terms are concluded between you and Super Heroic, and not with Apple, and that, as between Super Heroic and the Apple, Super Heroic, is solely responsible for the App.


• Apple has no obligation to furnish any maintenance and support services with respect to the App.


• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for such App to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be the sole responsibility of Super Heroic.


• Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.


• In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Super Heroic will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.


• Apple and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.


• You must also comply with all applicable third-party terms of service when using the App.


• You agree to comply with all U.S. and foreign export laws and regulations to ensure that the App and any technical data related thereto and any direct product thereof is not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  

General Prohibitions and Super Heroic’s Enforcement Rights  

You agree not to do any of the following:

• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;


• Use, display, mirror or frame the Services or any individual element within the Services, Super Heroic’s name, any Super Heroic trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Super Heroic’s express written consent; 


• Access, tamper with, or use non-public areas of the Services, Super Heroic’s computer systems, or the technical delivery systems of Super Heroic’s providers; 


• Attempt to probe, scan or test the vulnerability of any Super Heroic system or network or breach any security or authentication measures; 


• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Super Heroic or any of Super Heroic’s providers or any other third party (including another user) to protect the Services or Content; 


• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Super Heroic or other generally available third-party web browsers; 


• Use the Services or Content, or any portion thereof, for any commercial purpose or in any manner not permitted by these Terms; 


• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; 


• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 


• Impersonate or misrepresent your affiliation with any person or entity; 


• Violate any applicable law or regulation; or


• Encourage or enable any other individual to do any of the foregoing.


Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements.  We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms.  We have the right to investigate violations of these Terms or conduct that affects the Services.  We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Copyright Policy  

Super Heroic respects copyright law and expects its users to do the same.  It is Super Heroic’s policy to terminate in appropriate circumstances Users who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.  Please see Super Heroic’s Copyright Policy, for further information.

Links to Third Party Websites or Resources  

The Services and App may contain links to third-party websites or resources.  We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites.  You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination  

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.  You may cancel your Account at any time simply email us at hello@superheroic.com. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive:, Content and Content Rights, Rights and Terms for Apps, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution, General Terms and Feedback.

Warranty Disclaimers

THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.  WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

Indemnity

You will indemnify and hold harmless Super Heroic and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.

Limitation of Liability 


NEITHER SUPER HEROIC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUPER HEROIC OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL SUPER HEROIC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SUPER HEROIC FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SUPER HEROIC, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUPER HEROIC AND YOU.

Dispute Resolution

Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us.  If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.

 • What is arbitration?  Arbitration does not involve a judge or jury.  Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties.  The arbitrator can award the same relief as a court could award, including monetary damages.  While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.  


• Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action.  We agree to do the same.      


• What rules apply in the arbitration?  The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.


• How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration.  Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.  Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to). 


• How do I start an arbitration proceeding?  To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to 380 Portage Ave, Palo Alto, CA 94306.  If we request arbitration against you, we will give you notice at the email address or street address you provided.


• INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION:  If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at 380 Portage Ave, Palo Alto, CA 94306.  You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.


This Dispute Resolution section only applies to Claims between us and individual consumers, and is governed by The Federal Arbitration Act.    

Governing Law  

These Terms are governed by the laws of the State of California without regard to its conflict of laws provisions.

Choice of Forum

The exclusive jurisdiction for all Claims that are not subject to arbitration, including any Claims brought on behalf of a company or other legal entity, will be the state and federal courts located in the Northern District of California, and you and Super Heroic each waive any objection to jurisdiction and venue in such courts.  

General Terms

Entire Agreement.  These Terms constitute the entire and exclusive understanding and agreement between Super Heroic and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Super Heroic and you regarding the Services and Content.  If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.  You may not assign or transfer these Terms, by operation of law or otherwise, without Super Heroic’s prior written consent.  Any attempt by you to assign or transfer these Terms, without such consent, will be null.  Super Heroic may freely assign or transfer these Terms without restriction.  Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices.  Any notices or other communications provided by Super Heroic under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Waiver of Rights.  Super Heroic’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Super Heroic.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”).  You can submit Feedback by emailing us at hello@superheroic.com.  You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Contact Information

If you have any questions about these Terms or the Services, please contact Super Heroic at hello@superheroic.com

SUPER HEROIC, INC.

TERMS OF SALE

Last Updated: June 28, 2017

Please read these Terms of Sale (the “Terms”) carefully because they govern the purchase of any products (“Products”) you buy from Super Heroic, Inc. (“Super Heroic,” “us” or “we”), unless you have signed a separate written agreement with us that supersedes these Terms.

Ordering Products

When you place an order to purchase any Products, you agree (a) that Super Heroic may charge the credit card, debit card or other payment method you have chosen for your purchase verification, pre-authorization and payment purposes for the total amount of your order (including any applicable taxes, shipping and handling fees) directly or through a third party payment processor, and (b) to bear any additional charges that your bank or other financial service provider may levy on you. 

Once you place your order following the on-screen instructions, we’ll email you with an order confirmation (“Order Confirmation”) that indicates that we have accepted your order. We’re not bound to sell you any Product until we have accepted and processed your payment. With your Order Confirmation, we’ll confirm the quantity of Products you purchased, their price, and an estimated shipment date (“Estimated Shipment Date”).

We reserve the right to not process or reject your order in certain circumstances, for example, if your payment method is declined, if we suspect the request or order is fraudulent, or in other circumstances Super Heroic deems appropriate in its sole discretion. We may also limit the order quantity, extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship a Product to you for any reason.  Super Heroic also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. Our acceptance of your order is expressly conditioned on your unconditional acceptance of these Terms, even if you communicate with us otherwise.  We do not accept any changes to or rejections of these Terms that you may communicate to us in any form and all such terms and conditions will be null and of no effect.  

Prices and Taxes

The prices for the Products will be as specified during your checkout and in your Order Confirmation. Prices are stated in U.S. dollars with a separate subtotal for all typically applicable sales tax for purchases made within the United States. You agree to pay the applicable sales tax relating to the Products you purchase from us.

Pre-Orders.  If you place an order during our pre-order campaign, the pre-order you place requires that you pay in full the amount due and payable for the Product(s) you order (including any applicable taxes, shipping and handling fees) in advance and prior to the manufacture of the Product. Pre-orders are expected to ship no sooner than August 31,2017. Approximately two (2) weeks before we expect to ship pre-orders we will send you an email to the email address you provide with your order. The email will provide an estimated date of shipping for your Product and instructions on how you can change the shipping address for your Product, if necessary.

Order Cancellation

Except as provided below with respect to pre-orders, you may cancel your order for any reason any time [before your purchased Product ships and, if your payment has already been processed, receive a full refund.] OR [up to 30 minutes after placing your order.]

No Cancellation of Pre-Orders.  YOU MAY NOT CANCEL YOUR PRE-ORDER ONCE PLACED THROUGH THE SERVICES AND NO REFUNDS FOR PRE-ORDERED PRODUCTS WILL BE GIVEN PRIOR TO THE DATE OF DELIVERY OF YOUR PRODUCT. ANY REFUNDS FOR PRODUCT PURCHASES WILL BE ADMINISTERED IN ACCORDANCE WITH OUR “REFUND POLICY” SET FORTH BELOW.

If we cannot deliver the Products you pre-ordered, we will send an email to you at the email address you provided with your order informing you that your pre-order has been cancelled and we will refund the total pre-order payment amount to the payment method you provided within a reasonable amount of time after processing your request.

Shipment and Delivery

Super Heroic does not ship internationally. We may provide a single shipping method and carrier, or multiple methods and carriers, for Product delivery, at our sole discretion. You will be responsible for all shipping-related costs and expenses, and these will be noted on your order screen before you make your purchase.   Once the Product is sent to the carrier, ownership of the Product and the risk of that Product’s loss passes to you.

You understand that all scheduled shipment dates and Estimated Shipment Dates are estimates only.  We’ll make reasonable efforts to meet the scheduled shipment dates, but in no event will we be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery, nor will the carrier be deemed our agent.  If you purchase multiple Products, we may send you your Products in installments and charge you separately for each installment.  We have the right to allocate our available inventory of the Products among other purchasers in such manner as we see fit.  If we’re not able to charge your payment method or you fail to pay for your purchase, we have the right to delay or suspend shipment of the Products.

Returns

Please visit www.superheroic.com/faqs to review our Return Policy. All returns must be authorized by Super Heroic, including returns under our Limited 30 Day Warranty.

Resale

You may only purchase Products for your personal use. You may not commercially resell any Product, but you may give a Product as a gift. These Terms apply to any gift recipient.

Limited 30 Day Warranty

Super Heroic warrants that the Products will be free from material defects for a period of 30 days from the date of purchase (the “Warranty Period"). If a defect in the Product arises within the Warranty Period, Super Heroic will repair or replace it with a new or refurbished product or component, or at its option refund the original purchase price upon return of the defective product.  This warranty does not apply to Products you purchase from unauthorized resellers, or if the Product is damaged as a result of misuse, abuse, accident, unauthorized modification or other causes beyond our reasonable control. For instructions on making a warranty claim, please email hello@superheroic.com.  

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ANY OTHER CONDITIONS, REPRESENTATIONS OR WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

Indemnity

You agree to defend, indemnify, and hold Super Heroic, its subsidiaries and affiliates, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to your violation of these Terms or for liabilities, interest, penalties or fees assessed against us arising from any failure by you to pay any required taxes.

Limitations of Liability

SUBJECT TO OUR 30 DAY LIMITED WARRANTY STATED ABOVE, IN NO EVENT WILL SUPER HEROIC BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT SUPER HEROIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.  YOU AND SUPER HEROIC HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL SUPER HEROIC’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO SUPER HEROIC BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM.  

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Dispute Resolution

Our goal is to provide you with great service, so we’ll try our best to resolve any disagreements that you have with us.  If we can’t, then you and we both agree to resolve disputes related to your use of the Services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.  

• What is arbitration?  Arbitration does not involve a judge or jury.  Instead, a neutral person (the “arbitrator”) hears each party’s side of the dispute, and makes a decision that is finally binding on both parties.  The arbitrator can award the same relief as a court could award, including monetary damages.  While court review of an arbitration award is limited, if a party fails to comply with the arbitrator’s decision, then the other party can have the arbitration decision enforced by a court. If for any reason a Claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.  


• Can a Claim be part of a class action or similar proceeding? No. You agree to resolve your Claims with us solely on an individual basis, and not as part of a class, representative or consolidated action.  We agree to do the same.      


• What rules apply in the arbitration?  The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.


• How will the arbitration be conducted? How much does it cost? The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration.  Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.  Unless the arbitrator finds your Claim frivolous, we’ll pay for all filing, administration and arbitrator fees if your Claim is for less than $10,000, and we won’t seek our attorneys’ fees and costs if we prevail in the arbitration. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to). 


• How do I start an arbitration proceeding?  To begin an arbitration proceeding against us, send a letter requesting arbitration and describing your Claim to 380 Portage Ave, Palo Alto, CA 94306.  If we request arbitration against you, we will give you notice at the email address or street address you provided.


• INSTRUCTIONS FOR OPTING-OUT OF ARBITRATION:  If you don’t want to agree to arbitrate your Claims as explained above, then you can opt-out of this arbitration agreement by notifying us of your decision in writing at 380 Portage Ave, Palo Alto, CA 94306.  You must opt-out within 30 days of the date you first agree to these Terms or any updated Terms.


This Dispute Resolution section only applies to Claims between us and individual consumers, and is governed by The Federal Arbitration Act.    

Governing Law  

These Terms are governed by the laws of the State of California without regard to its conflict of laws provisions.

Choice of Forum

The exclusive jurisdiction for all Claims that are not subject to arbitration, including any Claims brought on behalf of a company or other legal entity, will be the state and federal courts located in the Northern District of California, and you and Super Heroic each waive any objection to jurisdiction and venue in such courts.  

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Super Heroic and you regarding the purchase of the Product, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Super Heroic and you regarding such a purchase. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without Super Heroic’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Super Heroic may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Super Heroic under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Super Heroic website. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Super Heroic’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Super Heroic. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms, please contact Super Heroic by any of the following methods:

hello@superheroic.com
380 Portage Ave, Palo Alto, CA 94306