Website and Application Terms of Service and Conditions of Use
(Last Revised: February 15, 2023)
These Website and Application Terms of Service and Conditions of Use (“Terms”) are provided by Super Human Fathers, LLC, a Utah limited liability company, and any of its affiliates, subsidiaries, owners, members, managers, officers, employees, agents, independent contractors, and other representatives (“Super Human,” “us,” “our,” or “we”) govern your use of the website, the Super Human application or app, and any products or services offered or provided through the website or app.
By accessing the website or app or using any products or services offered or provided through the website or app, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Super Human at any time and at our discretion without notice. Except as specified elsewhere herein, your use of the website or app or the products or services offered or provided through the website or app after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use the website or app. If you do not agree with the terms and conditions, you may not use or access the website or app or the programs provided through the website or app.
PLEASE READ CAREFULLY.
You acknowledge and agree that all content and materials available on the website or app are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Super Human, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Super Human. For information on requesting such permission, please contact us using the contact information listed in the section entitled “Contacting Us”. To the extent that you submit a testimonial to Super Human, you hereby grant Super Human permission to use the testimonial along with your name, image, voice, and/or likeness with the testimonial, and you waive any right to bring a claim under right of publicity, invasion of privacy, intellectual property infringement, or any other related cause of action.
SUBSCRIPTION INFORMATION, PAYMENT AND REFUND POLICY
Monthly Membership: You agree that if you purchase a monthly recurring membership (“Monthly Membership”) now or at any time in the future, I authorize the Super Human to charge my credit card, the membership fee (the “Membership Fee”) each month. Membership Fees may increase from time to time at our sole discretion. You further agree that the Membership Fee may be charged with no prior notification unless the amount increases, in which case advance notice will be provided, and you will be given an opportunity to terminate my Monthly Membership in accordance with these Terms. You acknowledge that you are responsible for providing Super Human prompt notice of any changes to your payment method. Your Monthly Membership may be suspended if you fail to pay your Membership Fee when due. We may, at our discretion, cancel your membership on thirty (30) days written notice without cause and on reasonable shorter notice with cause. In the event Super Human closes its facilities for any reason, including repair, when possible, it will post advance notice. You must provide notice in writing to Super Human at least 30 days in advance if you wish to terminate your Monthly Membership. Any memberships or purchases of packages offered by Super Human must be used by you. Memberships and packages are non-transferrable and are only valid at the Austin, Texas location.
Subscription Billing: In the case of a recurring billing cycle, you authorize regularly scheduled charges to your credit card based on your subscription date. Depending upon which method of payment you select, Super Human will either generate an invoice and collect payment on the invoice at the beginning of your respective billing period or automatically charge your authorized credit card listed on file on your specific rebill date which will be on the same day of the month as when you initially purchased your order subscription. You may cancel your subscription for the services or products from Super Human at least ten (10) days before the next billing period by sending a cancellation request from your email address on file to email@example.com. You understand that the amount your will remain in effect until you cancel it according to our cancellation policy, and you agree to notify Super Human of any changes in your account information at least ten (10) days prior to the next rebill date. If your card on file is declined for any reason, Super Human reserves the right to suspend or cancel your account.
Payment Plan: You must complete all payments under a payment plan with Super Human as agreed upon, regardless of how much you use or don’t use the services. However, if you are not satisfied with our services or products purchased under a payment plan for any reason, you can simply contact us as set forth herein.
Reservations / No Shows / Cancellations: Reservations may be made in person, by phone, or online. Online reservations are recommended. Client must cancel at least twenty-hour (24) hours in advance of class or appointment start time to avoid a cancellation fee. If Client fails to cancel a reservation, the following cancellation fees will apply: if Client is a monthly-recurring member, Client will be charged a $15 cancellation fee; if Client is a class package holder, Client's package will be deducted 1 class; if Client booked a single class online, Client will not receive a refund.
Refund Policies: If you are not satisfied with our services or products within 30 days for any reason, you can simply contact us at firstname.lastname@example.org within that period and request a full refund of the fee that you paid, subject to following the process mentioned in this paragraph.
Physical Product Returns: You must return physical products to us according to the physical return instructions you will be provided before the refund will be issued. We are not responsible for the cost of return shipping on physical products. Payments made with a credit card will be refunded to the card used for your order.
MEMBERSHIP SITE / CONDUCT/ PRODUCT DELIVERY
The Super Human website, app, coaching, services, products, and information provided by Super Human are meant for informational purposes only. The information provided by Super Human is not intended as specific medical, legal, commercial, financial, tax or other professional advice. Use of the information on the membership site, website, and coaching are at your own risk. Further, any use of content, unless otherwise stated, is for your own personal, non-commercial use and nothing herein transfers any right, title, or interest from Super Human to you. You may not distribute content, print multiple copies, or use the content for public display or performance, interfere with the running of the website or app, or attempt to gain any unauthorized access to the website or app.
We reserve the right to discontinue or modify without notice or liability, any portion of the website or app. In our sole discretion, we may determine a refund for the services that were not yet rendered is warranted.
You are solely responsible for your use of Super Human’s website, app, coaching, services, products, and other information. You affirm, represent, and warrant that your participation on the website, the app, and in any Super Human event or activity and the content you submit does not relate to pornography, illegal activities of any kind, occult, hate, or racism. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties and is not false, misleading, or intended to impersonate anyone else. Super Human reserves the right to make the final decision regarding what is appropriate and the right to remove content or terminate your account without prior notice for a violation of this provision.
You agree and understand that any information you disclose on any open forum hosted by Super Human may be used and viewed by other parties than Super Human. Super Human cannot ensure or warrant the security of any information you transmit to Super Human, and you do so at your own risk. Please do not send any confidential or proprietary information to Super Human unless specifically requested by Super Human or authorized by you. Any such unsolicited information or material sent to Super Human by you will not be deemed confidential or proprietary. Furthermore, you agree that any ideas, suggestions, or improvements that you provide to Super Human about Super Human’s products or services shall be owned by Super Human and that Super Human is free to include such ideas in future products without compensation to you.
For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
For products that you purchase from us that are delivered through a membership site, you will be given a user name and password to access the course materials and tools. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell access to this program or duplicate and sell any of its content without express written permission.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE AND APP (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SUPER HUMAN AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE OR THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE AND THE APP IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Any provision herein to the contrary notwithstanding, the maximum liability of Super Human to any person, firm or corporation whatsoever arising out of or in the connection with these Terms, any service or product delivered to you, or any Content delivered to pursuant to these Terms or any service or product, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to Super Human by you for the use, product, or service that gives rise to the liability. The essential purpose of this provision is to limit the potential liability of Super Human arising out of these Terms.
You agree to defend, indemnify, and hold harmless Super Human, its affiliates, employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with your use of the website and/or the app, your failure to use the website, the app, or any services provided by Super Human as directed, your breach or alleged breach of these Terms, or your breach or alleged breach of the copyright, trademark, proprietary or other intellectual property rights of third parties.
THIRD-PARTY REFERENCES / HYPERLINKS
The website or app may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Super Human and you acknowledge that Super Human is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site or any association with its operators.
SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms, including any incorporated documents, constitute the entire agreement between you and Super Human with respect to the website, the app, and/or the services and products provided through the website and/or the app and supersedes all prior or contemporaneous communications between you and Super Human with respect to the website and/or the app and the services and products provided through the website and/or the app. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the State of Texas. You hereby consent to binding arbitration in the State of Texas to resolve any disputes arising under or related in any way to these Terms, the use of the site, or the products or services provided through this site. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to these Terms.
ARBITRATION OF DISPUTES
Except for payment or collection issues or infringement of Super Human’s intellectual property, which can be heard by a court of competent jurisdiction, the parties agree that any dispute or claim in law or equity arising between them regarding the use of this website, the products or services provided through the website or app, or these Terms, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Texas. The arbitrator shall render a reasoned award in accordance with the substantive laws of Texas. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.
NOTICE: BY USING THE WEBSITE, APP OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH SUPER HUMAN, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THE WEBSITE, THE APP, OR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH SUPER HUMAN.
If you need to contact us for any reason, you can email us at email@example.com or call us at firstname.lastname@example.org.
ABILITY TO ACCEPT TERMS AND CONDITIONS
By participating in or utilizing the services and products provided by Super Human, you affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.