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Supergoop! Terms & Conditions

Last updated: January 5, 2023

SUPERGOOP!
TERMS OF USE
IMPORTANT NOTICE FOR RESIDENTS IN NORTH AMERICA ONLY: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW.
LAST UPDATED JANUARY 5, 2023
These Terms of Use (“Terms of Use” or “Terms”) constitute an agreement between you and Supergoop! (“Supergoop!” or “we,” “us,” or “our”) governing your use of our website at https://supergoop.com the “Site”), our blog The Bright Side (“Blog”) on the Site, and any other websites, pages, features, or content owned and operated by Supergoop! that include these Terms (collectively, including the Site and Blog, the “Services”). By accessing or using the Services in any manner, including but not limited to, visiting or browsing the Site, registering an account, or contributing content or other materials to the Site or Blog, you expressly understand, acknowledge and agree to be bound by these Terms. You are only authorized to use the Services if you agree to abide by all applicable laws and these Terms.

In addition, you may read our Privacy Policy at any time for more information about how Supergoop! collects, stores, and protects your information when you use the Services. The Privacy Policy also addresses the privacy rights of California consumers. If you do not agree to any of these Terms, please discontinue your use of the Services immediately.
CONTENTS
  1. CHANGES TO THIS AGREEMENT
  2. ADDITIONAL TERMS
  3. CHILDREN’S PRIVACY
  4. USERS AND ACCOUNTS
  5. RESPONSIBLE USE OF THE SERVICES
  6. CONTENT SUBMISSION TERMS
  7. MOBILE ACCESS
  8. UNITED STATES SERVICES
  9. PRODUCT INFORMATION
  10. PURCHASES FROM SUPERGOOP!
  11. COPYRIGHT AND TRADEMARK
  12. THIRD PARTY SITES
  13. INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
  14. LEGAL DISPUTES AND ARBITRATION AGREEMENT
  15. TERMINATION, SURVIVAL
  16. MISCELLANEOUS
  17. CONTACT US

1. CHANGES TO THIS AGREEMENT
We reserve the right to modify our Terms of Use, including the Privacy Policy, at any time, in our sole discretion. If we modify material terms to the Terms of Use, such modification will be effective after we send you notice of the amended agreement. Such notice will be provided in our sole discretion, and the manner of the notification may include email, posted notice on the Site, or other manner.
Your failure to cease use of the Services after receiving notification of any modification will constitute your acceptance of the modified Terms.
If you do not agree to any of the Terms or any changes to the Terms, you are not authorized to use, access or continue to access the Services, and must discontinue any use of the Services immediately.

2. ADDITIONAL TERMS
Certain services offered through the Site or Blog may be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include product & service descriptions, prices, and restrictions posted on the Services, which are subject to change from time to time and should be reviewed by you each time you submit content or place an order.
3. CHILDREN'S PRIVACY
Supergoop!’s website and online services are not directed toward individuals under the age of 13, and we do not knowingly collect any personal information from children under the age of 13. If a child under 13 has provided our website or Services with personal information, we ask that a parent or guardian contact us as described below so that we may promptly delete the child’s information from our record.

4. USERS AND ACCOUNTS
To use certain Services, you may need to create an account. You may also have the option of creating an account in anticipation of making future purchases. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; and (d) notify Supergoop! if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Services. We do not guarantee that the Services will be accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Services or any component of the Services, and to block or prevent future access to and use of the Services and to delete your account and any related information. Any obligation or liability incurred prior to termination of your access to the Services will survive such termination.

5. RESPONSIBLE USE OF THE SERVICES
You may use the Services for lawful purposes and in accordance with these Terms. No other use is permitted.
Without limiting the foregoing, you may not use the Services:
(a) for any purpose that is unlawful under applicable federal, state, local or international law, or prohibited by these Terms;
(b) to cause harm or damage to any person or entity;
(c) to interfere with the proper operation of the Services or in a way that restricts or inhibits anyone’s use or enjoyment of the Services;
(d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Supergoop! in its sole discretion) or viruses or other malware which may harm the operation of the Services or anyone else’s computer;
(e) to create an account for the purpose of making a competitive assessment of our services or incorporating any information or other content from the Services into any service you offer to third parties;
(f) to engage in inappropriate online citizenship, such as spamming our users, distributing spyware or viruses, collecting personal information without disclosing and abiding by our privacy policy, or attempting to reverse engineer or hack into our systems;
(g) to access or scrape the Site by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; to bog down the Site by uploading or downloading an unreasonably large amount of material at one time; or to bypass any technical protections, storage limits or throttling that we institute; or
(h) to reverse engineer, decompile, disassemble, create derivative works of, remove the copyright designation from, copy, sublicense or distribute any content, application or software code associated with the Services.

6. CONTENT SUBMISSION TERMS
You are solely responsible for all content you may submit to the Services or share with other users of the Services (“User Content”), including, but not limited to, product ratings, reviews, and comments on Supergoop!-owned or operated content, webpages and blogs. Furthermore, by using Supergoop!’s hashtags, such as #loveSupergoop or tagging Supergoop! on a public social media post, and then responding #YesSupergoop or otherwise indicating your consent to our request for the right to use the user-generated content you posted on your public social media posts (the "Submission"), you consent to the use of your Submission in accordance with these Terms. For the avoidance of doubt, if you delete or edit your Submission post after using the Supergoop! hashtags, or later turn the post to “private,” your consent to these terms will remain in effect. If you have previously consented to our use of your User Content or Submission, but then wish to update your preference, please contact us per the “Contact Us” section below.
You affirm, represent, and warrant that your User Content or Submission does not contain any material or content that: (a) is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or otherwise objectionable; (b) is invasive of another’s rights including but not limited to rights of copyright, celebrity, publicity, privacy and intellectual property; (c) promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age; or (d) is otherwise in violation of any federal, state or local law, rule or regulation, including the Federal Trade Commission’s testimonial and endorsement guides. You affirm, represent and warrant that you and any person whose image appears in the User Content and/or Submission are 18 years of age or older. You affirm, represent, and warrant that your Submission and User Content are in compliance with all terms and conditions of any third party website, application, or service on which you post the Submission or User Content.
By uploading any User Content or consenting to the use of your Submission through the methods described above, you hereby grant Supergoop! and its successors and assigns a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content or Submission and any name, username, likeness, voice or photograph provided in connection with your User Content or Submission, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, including, but not limited to, the Supergoop! website(s), social media accounts, emails to Supergoop!’s customer list, advertisements, and other promotional materials (collectively, “Supergoop! Media”). Unless you request otherwise, we may also share your Submission or User Content with our retail partners.
This license is perpetual and allows Supergoop! to use your User Content or Submission as described, even after termination of your account or use of the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content or Submission, including the right to grant additional licenses to your User Content or Submission, unless otherwise agreed in writing. You also waive to the full extent permitted by law any and all claims against us related to moral rights in the User Content or Submission. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, contract rights, copyright, trademark, or any other intellectual property or proprietary rights.
Supergoop! will strive, where commercially reasonable, to credit your username or handle when publishing or reposting your Submission or User Content. By your granting the described license, Supergoop! may, but is under no obligation to, feature the User Content or Submission on Supergoop! Media, and should Supergoop! choose to feature the User Content or Submission, Supergoop! may, at its sole discretion, elect to remove the User Content from Supergoop! Media at any time and without notice to you. Supergoop! also has no obligation to, but reserves the right to, monitor, flag, block, delete, edit, or refuse to reproduce any User Content or Submission at any time for any reason, including if we believe it may be in violation of these Terms or applicable law. We also reserve the right to cancel any order based on such User Content or Submission. Under no circumstances will Supergoop! be liable in any way for any loss of any User Content or Submissions. The Site is not intended as a storage depository for User Content or Submissions, and you are responsible for retaining copies of your User Content and Submissions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively, “Feedback”) that you provide to us are non-confidential and non-proprietary and we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
If you believe that any content on Supergoop! Media violates your privacy rights or intellectual property rights, please report it to Supergoop! at hello@supergoop.com or 200 East Grayson, #110 San Antonio, TX 78215 or contact Supergoop! using the methods described in “Copyright and Trademark” section of these Terms. Instagram, Facebook, and Tumblr are not sponsors of, administrators of, or in any way endorsers of Supergoop! Media.
7. MOBILE ACCESS
If you use a mobile device to access the Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services, and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that mobile device service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. By accessing or using any Services via a mobile device, you agree to these Terms.

8. UNITED STATES SERVICES
The Services are owned and operated by us in the United States. You are responsible for compliance with any local laws if you access or use the Services from anywhere else. All prices displayed on the Services are quoted in U.S. Dollars and are valid and effective only in the United States.

9. PRODUCT INFORMATION
Supergoop! may offer products for purchase through the Services (“Products”). All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the Product ingredients to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any Products or information in the Services before using or relying on them. Use by a child of any Product should be only after the child’s parent or legal guardian has discussed the Product with the child’s physician.
Supergoop! does not provide or intend to provide any answers to medical-related questions and the Services do not replace the advice of any medical professional or medical resource.
Statements made about Products available through the Services have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not occur in all individuals. Such statements and Products sold through Supergoop! are not intended to diagnose, treat, cure or prevent any condition or disease.

10. PURCHASES FROM SUPERGOOP!
GENERAL
Products, including any samples Supergoop! may provide to you, are for your personal use only. You may not sell or resell any Products you purchase or otherwise receive from Supergoop!. All orders are subject to our acceptance or rejection based on product availability, noncompliance with these Terms or any other reason as determined in our sole discretion. We may take steps to verify your identity to process your order and may limit or cancel quantities or Products purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address and/or phone number provided at the time the order was made, and we will either not charge you or will refund the charges for orders that we cancel or do not process. We further reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
PRICING
All prices displayed on the Services are quoted in U.S. Dollars, are exclusive of any applicable local, state, or federal taxes, and are valid and effective only in the United States. Shipping and handling fees, if any, will be reviewable prior to submitting your order. Product prices are subject to change without notice.
PAYMENT
All payments through the Services are processed using a third-party processor. If you wish to purchase a Product or any service made available through the Services, you may be asked to supply certain information relevant to your transaction, including without limitation your credit or debit card number, the expiration date of your credit or debit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us (or the third party collecting that information on our behalf) the right to provide such information to third parties for purposes of facilitating the completion of the transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You agree to pay all charges incurred by users of your credit card, debit card, or other method of payment. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the products as such costs are specified by us when you submit your order. After you place your order, we will send you a confirmation email.
We strive to provide accurate pricing information regarding the Products. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, not to process or to cancel any orders placed for a product whose price was incorrectly posted on the Site as a result of an error. If this occurs, we will notify you by email and refund the payment for such order. The Site may contain information regarding the availability of Products. In rare cases, a Product may be in stock when you place the order, but sold out by the time we attempt to process the order. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order. We also may offer some Products for sale before they have been manufactured or arrive at our warehouse. When you preorder these Products, we will ship them out once they are available. In rare cases, these items may not become available for shipping. Should this happen, we will notify you by email, cancel the item from your order, and refund the payment for such order.
We offer subscription services that may consist of an initial one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. BY CHOOSING A RECURRING PAYMENT PLAN, YOU ACKNOWLEDGE AND AGREE THAT (A) SUPERGOOP! (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS (E.G., MONTHLY) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITE OR PRODUCTS. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY EMAILING US AT hello@supergoop.com. YOU WILL BE RESPONSIBLE FOR ALL CHARGES INCURRED WITH RESPECT TO ANY ORDER PROCESSED PRIOR TO THE CANCELLATION OF YOUR SUBSCRIPTION. All recurring payments are fully earned upon payment.
We attempt to provide accurate descriptions of Products. We do not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a Product is not as described, your sole remedy is to return the item unless otherwise specified in writing by us. We occasionally run promotions or provide limited-time offers for our Products. Please review the promotion or offer for eligibility and other terms and conditions.
SHIPPING
Supergoop! currently ships only to locations within the 50 United States although some Products cannot be shipped to addresses in Alaska or Hawaii due to federal regulations. Shipments will be made via standard ground service unless otherwise specified at the time of purchase. [All orders containing hazardous materials must be shipped via standard ground shipping methods and cannot be shipped via expedited shipping methods. The time period from order to delivery will vary depending on location.
PRODUCT DELIVERY
Your order will be fulfilled by the delivery date set out in your order confirmation or, if no delivery date is specified, then within 30 days after the date of the order confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
Your order will be delivered to the delivery address that you specify when placing your order. If we are unable to deliver to your delivery address, we will contact you. Products comprised within the same order cannot be delivered to different addresses.
The Product ordered will be at your risk from the time you receive the Product. Ownership of the Product ordered will also pass to you upon your receipt of the Product, provided full payment of all sums due in respect of the Product, including any delivery charges, has been received.
If any Product you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you. If you believe a Product was delivered in a damaged or faulty state or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
RETURNS AND EXCHANGES
Except for Products that are a final sale, we accept returns if you are not satisfied with any supergoop.com purchase. If you would like a refund or a replacement Product, please email hello@supergoop.com with your order number and we will send you a free return shipping label. Once you have your shipping label, just send us the unused portion of the Product within 30 days, in its original packaging, accompanied by your order receipt.
Upon receiving the returned Product from you, a refund will be credited by your original payment method for the price of your Product and sales tax, if applicable. All shipping and handling costs are non-refundable.
Only items purchased on supergoop.com may be returned or exchanged. Products purchased through supergoop.com may not be returned or exchanged at any retail location that sells Supergoop! products.
All other information regarding the purchase of Products from the Site can be found on the FAQ and Help Page located at https://help.supergoop.com/, including our policies on shipping, billing, order acceptance, gift cards, returns and exchanges.
11. COPYRIGHT AND TRADEMARK
INTELLECTUAL PROPERTY
Supergoop! owns or controls all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code on the Site and in the Services (collectively, “Content”), including but not limited to the design, structure, selection, expression, “look and feel” and arrangement of such Content, some or all of which is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms, no part of the Site or Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website, mobile application or other medium for publication or distribution or for any commercial enterprise without Supergoop!’s express prior written consent.
You may use information about Supergoop! and its Products (such as knowledge based articles and similar materials) purposely made available by Supergoop! for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copy of such information, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.
The trademarks, service marks, and logos of Supergoop! (the “Supergoop! Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Supergoop!. Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Supergoop! Trademark without our prior written consent specific to each such use.
Supergoop! is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances.
To report a problem other than copyright or trademark infringement, please email us at hello@supergoop.com. We may, in our sole discretion, limit, suspend, or terminate any user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Services if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies or Terms (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
DIGITAL MILLENNIUM COPYRIGHT ACT ("DCMA") POLICY
Supergoop! will respond to proper notifications of claimed copyright infringement with respect to material posted by users and will take appropriate action including removing and disabling access to the allegedly infringing material on the Site. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to our designated DMCA agent at:
Supergoop!
Attn: DMCA Copyright Agent
200 East Grayson, #110, San Antonio, TX 78215
EMAIL: hello@supergoop.com
Any such notice should include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
Your name, address, telephone number and email address (if available); and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our designated DMCA agent listed above, provided that such counter-notification must be in writing and contain the following required information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
Your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court in Bexar County, Texas, and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
12. THIRD PARTY SITES
The Services may contain links or access to third-party web sites or services that are not owned or controlled by us (“Third-Party Services”), such as social media providers, including but not limited to Disqus, Facebook, Twitter, and Google. A description or link to Third-Party Services does not imply our endorsement of the Third-Party Services.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services. You further acknowledge and agree we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Services.
You may be required to agree to additional Third-Party Services terms and conditions, warranties, or other policies. We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Services that you access or use.
THESE TERMS DO NOT APPLY TO THIRD-PARTY SITES. BEFORE VISITING A THIRD-PARTY SITE THROUGH LINKS OR OTHER MEANS PROVIDED ON OR THROUGH THE SERVICES, YOU SHOULD REVIEW THE THIRD-PARTY SITE’S TERMS OF USE AND PRIVACY POLICY, AND INFORM YOURSELF OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD-PARTY SITES.

13. INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
INDEMNITY
You agree to release, indemnify, defend, and hold harmless Supergoop!, its affiliated companies (collectively “Supergoop!”), and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, business associates, suppliers and representatives (the “Supergoop! Entities”) from and against any actual or threatened claims, actions, demands, liabilities, costs, damages, settlements, and expenses (including interest, penalties, and attorney, accounting and expert witness fees) (“Liabilities”) incurred by any Supergoop! Entity in any way arising out of or relating to your breach of these Terms, applicable law or our other policies referenced in these Terms, including but not limited to your use of the Site or any use of your User Content or Submission that infringes the rights of third parties. You agree to indemnify, defend, and hold harmless Supergoop! from and against any and all third-party claims, damages, liabilities, costs and expenses, including legal expenses and/or reasonable attorneys' fees, arising out of your User Content or Submission. Supergoop! reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, if Supergoop! assumes defense and control of such matter, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any Liabilities subject to indemnification by you.
DISCLAIMERS
EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, THE SUPERGOOP! ENTITIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE SUPERGOOP! ENTITIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AND THE CONTENT AT YOUR OWN RISK.
THE SUPERGOOP! ENTITIES DO NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO SUPERGOOP! ENTITY SHALL BE RESPONSIBLE FOR THOSE COSTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SUPERGOOP! ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT THE SERVICES OR CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE, AND NON-INFRINGEMENT. THE SUPERGOOP! ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE SERVICES OR CONTENT. THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SUPERGOOP! ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.
YOU FURTHER ACKNOWLEDGE THAT THE SUPERGOOP! ENTITIES ARE NOT LIABLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM ANY MISUSE OF ANY PRODUCTS OFFERED THROUGH THE SERVICES. YOU HEREBY AGREE NOT TO USE SUPERGOOP! PRODUCTS FOR ANY ILLEGAL PURPOSE AND YOU ASSUME ALL LIABILITY FOR ANY ACTION YOU TAKE FOR ANY ACTION THAT IS CONTRARY TO THE TERMS OR ANY LAW, RULE, OR REGULATION OF ANY TERRITORY.
LIMITATIONS ON LIABILITY
IN NO EVENT SHALL ANY SUPERGOOP! ENTITY BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, STATUTORY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE TYPES OF DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION ARISING IN CONNECTION WITH, OUT OF, OR AS A RESULT OF (i) THESE TERMS OR THE SERVICES, AND (ii) ANY ACTS OR OMISSIONS OF ANY OF THE SUPERGOOP! ENTITIES IN CONNECTION WITH THESE TERMS OR THE SERVICES. THE MAXIMUM REMEDY AVAILABLE TO YOU UNDER THESE TERMS AND IN CONNECTION WITH THE SITE AND SERVICES IS $250 IN THE AGGREGATE.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE SUPERGOOP! ENTITIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
FOR NEW JERSEY RESIDENTS, THE LIMITATIONS SET FORTH ABOVE ARE INAPPLICABLE WHERE ATTORNEYS’ FEES, COURT COSTS, OR OTHER DAMAGES ARE MANDATED BY STATUTE.
14. LEGAL DISPUTES AND ARBITRATION AGREEMENT
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SUPERGOOP! AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
INITIAL DISPUTE RESOLUTION
We are available by email at hello@supergoop.com or by certified mail addressed to Supergoop! Legal Department, 200 East Grayson, #110, San Antonio, TX 78215 to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Please include the following information in your communication: (a) your name, residence address, email address, and telephone number; (b) a description of the nature and basis of the claim; and (c) the specific relief sought. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
AGREEMENT TO BINDING ARBITRATION
If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS on a confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state arbitration act.
You and Supergoop! agree that for any arbitration you initiate, you will pay the filing fee and Supergoop! will pay the remaining JAMS fees and costs. For any arbitration initiated by Supergoop!, Supergoop! will pay all JAMS fees and costs. Arbitration proceedings will be held in Bexar County, Texas or may be conducted telephonically or via video conference for disputes alleging damages less than $500, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), the most recent version of which are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/, and are hereby incorporated by reference. You may also contact JAMS by calling 1.800.352.5267.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
CLASS ACTION WAIVER
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
EXCEPTION – SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30 DAY RIGHT TO OPT OUT
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of your decision to opt-out via email to hello@supergoop.com. The notice must be sent within thirty (30) days of your agreement to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the Terms. If you opt-out of these arbitration provisions, Supergoop! also will not be bound by them.
EXCLUSIVE VENUE FOR LITIGATION
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Bexar County, Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to the exclusive jurisdiction of the state or federal courts located in Bexar County, Texas for any litigation other than small claims court actions. The parties irrevocably consent to personal jurisdiction in the state or federal courts located in Bexar County, Texas for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction in such courts in any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of any of the Supergoop! Entities in connection with these Terms or the Services.
15. TERMINATION, SURVIVAL
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Services at any time and for any reason (including if we believe that you have engaged in any suspected fraudulent or abusive activity, or violated or acted inconsistently with the letter or spirit of these Terms) without prior notice or liability, including the right to reject any order you place for the purchase of Products, which may result in the forfeiture and deletion of all information associated with your account. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, limitations of liability, class action waivers and arbitration.
16. Supergoop! and Swoon Sweepstakes Promotion
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
1. The co-sponsors of the Supergoop! and Swoon Promotion (the “Promotion”) are Supergoop LLC at 200 E. Grayson St, Suite 110, San Antonio, TX 78215 and Swoon at 434 West 55th Street, 11th Floor, New York, New York 10019 (“Co-Co-Sponsors”).
2. ELIGIBILITY: Open to legal residents of the fifty (50) United States and the District of Columbia, who are 18 years of age or older at the time of entry (each, an “Entrant”). Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses, regardless of where they reside), and their respective household members (whether related or not), of each Co-Sponsor and their affiliates, subsidiaries, and divisions (collectively, "Promotion Entities") are not eligible to enter or win. Void where prohibited.
3. PROMOTION TIMING: The Promotion begins at 10 AM Eastern Time ("ET") on August 20, 2023, and ends at 12 PM ET on August 21, 2023 (the "Promotion Period"). Co-Sponsor’s designated computer is the official time keeping device for all aspects of the Promotion.
4. HOW TO ENTER THE PROMOTION: During the Promotion Period, to enter, visit and follow the Supergoop! and Swoon profile pages on Instagram, like the post about the Promotion and tag a friend in the comments section (“Entry”).
Each Entrant grants to Co-Sponsor and their designees, successors, licensees and assigns a nonexclusive license to reproduce, distribute, display, perform, create derivative works based upon, and otherwise exploit their Entry and all elements embodied therein, in whole or in part, together with their name, city and state of residence, biographical information, performance, voice, photograph and likeness, in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional and other purposes, without further compensation, notification or permission. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entry by third parties. Entrant acknowledges that Co-Sponsor has no obligation to make use of the rights granted herein.
All Entries must be received by the end of the Promotion Period. Maximum of 1 entry per person during the Promotion Period; however, any Entry submitted by an Entrant must be substantially different than any other Entry submitted by the same Entrant. Any attempt by any Entrant to submit more than the stated number of Entries allowed by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that Entrant's Entries and that Entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification and all associated Entries will be void. All Entries become the property of Co-Sponsor and will not be acknowledged. In the event of a dispute over the identity of an Entrant, Entry will be deemed submitted by the authorized account holder of the applicable account and he/she must comply with these Official Rules. “Authorized account holder” is defined as the natural person who is assigned to is defined as the natural person who is assigned the applicable account.
5. PRIZES (50): 1 case (12 cans) of Swoon x Supergoop! Lemonade - Approximate Retail Value (“ARV”): $29.99 USD each; 1 Supergoop! Unseen Sunscreen SPF 40 1.7oz - Approximate Retail Value (“ARV”): $38 USD each; 1 Supergoop! PLAY Everyday Lotion SPF 50 2.4oz - Approximate Retail Value (“ARV”): $22 USD each. Prizes cannot be redeemed for cash and may not be transferred or substituted, except at the Co-Sponsor’s sole discretion. Co-Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value in the event the stated prize is unavailable. Prizes are awarded “as is” with no warranty or guarantee, either express or implied. All fees, federal, provincial, state, local taxes (including, without limitation, income and withholding taxes) or other costs and expenses relating to the use, acceptance and possession of prize not specified herein as being provided are the sole responsibility of the winner. An IRS form 1099 will be awarded in the name of any winner who is a resident of the United States for the retail value of the prize if the prize is valued at $600 USD or higher. Total ARV of prize pool is valued at $89.99 USD. Limit one (1) prize per person.
6. DETERMINATION OF WINNERS: Potential winner(s) will be selected in a random drawing to be held on or about August 23, 2023, at 12 PM EDT from all eligible Entries received. The draws will be made by computer, with EXCEL software’s random draw function.
7. WINNER NOTIFICATION: The potential winner(s) will be notified via direct message or @reply or comment on winning Entry within 2 days of the draw. If a potential winner does not respond to the initial winner notification (a notification will be sent three (3) times over a seven (7) day period) within seven (7) days of receipt of the final notification sent), or if said notification is returned as undeliverable, or if a potential winner is otherwise found to be ineligible, does not provide required information, or if the cannot accept or receive the prize for any reason, the potential winner will forfeit the prize. Co-Sponsor reserves the right to require a potential winner to sign a Declaration of Eligibility and Liability and Publicity Release, as well as provide proof of identity at the nominated prize delivery address and/or proof of entry validity in a time period to be specified by Co-Sponsor in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of Co-Sponsor. In the event that a potential winner does not return all required documents within the specified time period or cannot provide suitable proof, the potential winner will forfeit the prize. In the event of a prize forfeit for any reason, an alternate winner may, in the sole discretion of the Co-Sponsor and time permitting, be drawn by the Co-Sponsor from among the remaining eligible Entries. The Co-Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate winner. All decisions and results of Co-Sponsor are final and binding.
8. ODDS OF WINNING: The odds of winning depend upon the number of eligible Entries received during the Promotion Period.
9. GENERAL CONDITIONS: By entering the Promotion, Entrant warrants that Entrant has read and agrees to abide by these Official Rules and Supergoop!’s Terms of Use, Privacy Policy and other site policies, meets the eligibility requirements and that he or she is not prohibited from participating in the Promotion and agrees to be bound by the decisions of the Co-Sponsor which will be final and binding in all respects. Entrant agrees that the conditions of submission set forth in these Official Rules, and all documents and agreements incorporated in these Official Rules by reference, solely govern the relationship between Entrant and the Co-Sponsor in connection with this Promotion. The Co-Sponsor reserves the right to amend these terms and conditions at any time.
10. LIABILITY: By participating in this Promotion and/or by accepting any prize, save for cases of death or personal injury caused by negligence of any Released Party or cases of loss or damage caused by fraud of, or breach of these Official Rules by, a Released Party, Entrant agrees for Entrant and for Entrant's heirs, executors, and administrators to release the Promotion Entities, Instagram, and each of their respective officers, directors, agents, representatives and employees (collectively, the "Released Parties") from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from or in connection with participation in this Promotion and/or acceptance or use of any awarded prize, and/or use by Co-Sponsor of the rights granted herein, and to indemnify Released Parties from any and all liability resulting or arising from the Promotion.
11. PUBLICITY GRANT: Entry constitutes permission (except where prohibited by law) to use any winner’s name, likeness, prize won, Avatar, hometown, likeness and/or comments about winning for purposes of online posting, advertising, promotion and publicity relating to the Promotion, and in any and all media, now or hereafter known, throughout the world for three (3) years from the date the winner was confirmed as a winner without additional compensation, notification, permission or approval.
12. WAIVER: Released Parties are not responsible for any technical, mechanical, or other error of any kind resulting from force majeure circumstances beyond their reasonable control and relating to or in connection with the Promotion, including, without limitation, errors which may occur in the administration of the Promotion, the processing of Entries, the announcement of the prize(s) or any Promotion-related materials caused by such force majeure event. Participation to the Promotion by internet implies the acknowledgement by the Entrants of internet and IT systems technical limits. As a consequence, Released Parties shall not be liable for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Promotion, incomplete, lost, late, stolen, damaged, inaccurate, misdirected, garbled, delayed or undelivered Entries, emails, posts, comments, direct messages, or other communications of any kind, or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate and/or the failure of any third party to comply with the instructions and proper administration of this Promotion. Co-Sponsor reserves the right in its sole discretion, to disqualify any Entrant or Entry that is in violation of the Official Rules or to cancel, suspend or modify the Promotion, and disqualify any implicated Entrant(s), (and their Entries) if any fraud, virus, actions by Entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Promotion.
In the event of cancellation, Co-Sponsor reserves the right, at its sole discretion, to select the potential winner(s) in a random drawing from among all eligible, non-suspect Entries received up to the time of the event or action warranting such cancellation or to take any other action it deems equitable to fairly award any prize.
CAUTION: Except as set forth below and depending on your country of residence, any attempt by an Entrant to deliberately damage any website or platform or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws, and should such an attempt be made, Co-Sponsor reserves the right to seek damages from any such Entrant to the fullest extent permitted by law, including criminal prosecution. Co-Sponsor is not responsible in the event Co-Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike (except in respect of French resident), act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, or local government law, order, or regulation, or order of any court or other cause not within Co-Sponsor's control or concerns regarding the safety of any Entrant or winner, or otherwise.
13. GOVERNING LAW/DISPUTES: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Co-Sponsor or the Released Parties in connection with the Promotion, shall be governed by and construed in accordance with the laws of New York. Any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, shall be resolved individually, without resort to any form of class action.
14. WINNERS LIST: For the name(s) of the winner(s) (available within 30 days after the Promotion ends), email your request to victoria.serrano@supergoop.com no later than 60 days after the Promotion Period ends.
16. PRIVACY POLICY: Co-Sponsor will be collecting personal data about Entrants online, in accordance with its privacy policy to enable the Co-Sponsor and its affiliates and agencies to administer and promote this Promotion and its winners. Please review the Co-Sponsor’s privacy policy posted on https://supergoop.com/pages/privacy-policy. The personal information of winners may be provided to corporate affiliates of the Co-Sponsor, third parties assisting in the conduct of the Promotion, including prize suppliers and deliverers, and for publicity purposes surrounding the Promotion. By participating in the Promotion, Entrants hereby agree to Co-Sponsor’s collection and usage of Entrant’s personal information as described and in accordance with the Co-Sponsor’s privacy policy and acknowledges that Entrant has read and accepted Co-Sponsor’s privacy policy.
This Promotion is not Co-Sponsored, endorsed or administered by Instagram, nor is Instagram, associated with the Promotion in any way. You understand that you are providing information to Co-Sponsor and not to Instagram. Any questions, comments or complaints regarding the Promotion must be directed to Co-Sponsor and not to Instagram.
 17. MISCELLANEOUS
APPLICABLE LAW
These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of Texas without regard to principles of conflict of laws will govern these Terms and any claim or dispute that has arisen or may arise between you and Supergoop! relating to use of any aspect of the Services.
ENTIRE AGREEMENT
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Supergoop!.
SEVERABILITY
Except as provided in the Arbitration provisions above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
WAIVER
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
INTERPRETATION
In construing or interpreting these Terms, headings are for convenience only and do not have any substantive meaning or interpretive value.
FORWARD-LOOKING STATEMENTS
The Services may contain forward-looking statements with respect to Supergoop! future events and business development. The forward-looking statements are not binding obligations or guarantees of Supergoop!, but are Supergoop!’s beliefs with respect to the subject matter. Supergoop!’s future actions or results could differ materially from those included in any forward-looking statement. It is our intent to regularly update the Services but make no commitment or warranty to do so.
ASSIGNMENT
You may not assign or transfer these Terms (or any of your rights or obligations under these Terms) without our prior written consent. Any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer these Terms. These Terms inure to the benefit of and are binding upon the parties and their respective legal representatives, successors, and assigns.

18. CONTACT US
We welcome your questions, comments, and concerns about these Terms or our Privacy Policy. You can contact us anytime via our website at hello@supergoop.com, or as follows:
Supergoop!
200 East Grayson, #110 San Antonio, TX 78215
Toll-free: +18775647330, Email: hello@supergoop.com