Agreement Between User and Super Duper, Inc.
The Super Duper website ("Super Duper Website") is owned, operated, and maintained by Super Duper, Inc. located in Greenville, South Carolina ("Super Duper").
ACCEPTANCE OF TERMS
The Super Duper Website and its related services are offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Super Duper Website, including placing orders to purchase products from Super Duper, as available, constitutes your agreement to all such terms, conditions, and notices. Your use of a particular section of the Super Duper Website may also be subject to additional terms as set forth in such section ("Additional Terms").
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the Super Duper Website or with any terms included with any product purchased from Super Duper, then these terms shall supersede all other terms.
SITE LICENSE AND ACCESS
Super Duper grants you a limited license to access and make personal use of this site. You may not download or modify, or any portion of it, except with the express written consent of Super Duper. This license does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Super Duper and/or its affiliates without the express written consent of Super Duper. You may not use any metatags or any other “hidden text” utilizing Super Duper's name or trademarks without the express written consent of Super Duper. Any unauthorized use terminates the permission or license granted by Super Duper.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Super Duper Website, you will not use the Super Duper Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Super Duper Website in any manner that could damage, disable, overburden, or impair the Super Duper Website (or the network(s) connected to the Super Duper Website) or interfere with any other party's use and enjoyment of the Super Duper Website. You may not attempt to gain unauthorized access to the Super Duper Website, other accounts, computer systems, or networks connected to the Super Duper Website, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Super Duper Website.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Super Duper Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Super Duper Website. Where this provision, and only this provision unless stated otherwise herein, conflicts with an agreement between Super Duper and Super Duper's business partners and customers ("Business Agreement"), the Business Agreement shall control.
MODIFICATION OF THESE TERMS OF USE
Super Duper reserves the right to change the terms, conditions, and notices concerning use of the Super Duper Website without notice. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of the Super Duper Website. Your continued use of the Super Duper Website constitutes your agreement to all such terms, conditions, and notices.
TERMINATION/ACCESS RESTRICTION
Super Duper reserves the right, in its sole discretion, to terminate or limit your access to any or all of the Super Duper Website or any portion thereof at any time, without notice.
You must be at least 18 years of age to transact any business with Super Duper or to submit any Personal Information to Super Duper. As such, if you transact or attempt to transact any business with Super Duper or submit or attempt to submit any personal information to Super Duper, YOU AFFIRMATIVELY REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF LEGAL MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, IF DIFFERENT) AND THAT YOU POSSESS THE LEGAL RIGHT TO USE THE SUPER DUPER WEBSITE IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. You hereby agree to supervise usage by and be responsible for the actions of any minors who use your computer and/or account(s) to access the Super Duper Website.
MATERIALS PROVIDED TO SUPER DUPER
If you submit any feedback, suggestions, posts or other communications (each a “Submission” and collectively “Submissions”) to the Super Duper Website or to Super Duper, you grant Super Duper, its affiliated companies, and its designees and sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Super Duper is under no obligation to post or use any Submission you may provide and Super Duper may remove any Submission at any time in its sole discretion.
TRADEMARKS
All trademarks and trade dress that appear on the Super Duper Website (“Trademarks") are trademarks/trade dress or registered trademarks/trade dress of Super Duper (unless indicated otherwise) or its subsidiaries or parent companies, in the United States and other countries.
The Trademarks are valuable assets of Super Duper and carry considerable goodwill and consumer acceptance of the goods and services sold under the Trademarks. Such goodwill has made the Trademarks distinctive to Super Duper and, as such, may only by used by Super Duper or other authorized persons or entities for the benefit of Super Duper and only in connection with the products and services authorized by Super Duper. Any unauthorized use of the Trademarks and/or any use of a mark or symbol that is likely to cause confusion among consumers or in any manner that disparages or discredits Super Duper, its affiliates, subsidiaries, or parent companies is strictly prohibited.
You may not use any of the Trademarks in any manner without the prior written consent of Super Duper. Any unauthorized use is expressly prohibited by law, and violators may be prosecuted to the maximum extent possible, according to applicable law, without notice.
COPYRIGHT
All content that is made available to view and/or download in connection with the Super Duper Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, (“Content”) and software (“Software”), is owned by and is the copyrighted work of Super Duper and/or its suppliers and is protected by United States copyright laws and international treaty provisions. The compilation of all content on the Super Duper Website is the exclusive property of Super Duper and is protected by United States copyright laws and international treaty provisions. All Software used on this site is the property of Super Duper and/or its software suppliers and is protected by United States copyright laws and international treaty provisions.
Any reproduction or redistribution of the Content and/or Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.
Send notifications to:
c/o Copyright Notices
Legal Department
5201 Pelham Road
Greenville, SC 29615
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Certain customers and partners of Super Duper may receive a password from Super Duper to access certain information on the Super Duper Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Super Duper immediately of any unauthorized use of your account or any other breach of security. Super Duper will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Super Duper or another party due to someone else using your account or password. You may not use anyone else's account at any time without the permission of the account holder and Super Duper.
LINKS TO THIRD PARTY SITES
The Super Duper Website may contain links to third-party websites (“Linked Sites”). The Linked Sites are not under the control of Super Duper. Super Duper is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Super Duper is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Super Duper responsible if the Linked Site is not working appropriately. Super Duper is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Super Duper of the site or any association with its operators. You are responsible for viewing, being aware of, and abiding by the privacy statements and terms of use posted on the Linked Sites.
Any dealings by you with third parties (including advertisers) included within the Super Duper Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Super Duper shall not be responsible or liable for any part of any such dealings or promotions.
SOCIAL MEDIA USAGE TERMS
This section applies to those circumstances where Super Duper has requested to use some of your social media content for marketing and advertising purposes.
You agree to grant Super Duper certain rights. You have posted content (photos, video, text) using your social media account that relates to our products (such content, together with your social media username and other publicly visible identifying information, “Your Content”). Super Duper has requested you via a post in the applicable social media timeline, by direct message, or some other form, asking you to grant Super Duper permission to use Your Content in its social media efforts to market and promote its products.
By affirmatively replying to Super Duper’s request to you to use Your Content (whether you reply within the timeline of the applicable social media platform, via direct message, or otherwise), you hereby grant to Super Duper and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up, royalty-free license to copy, display, distribute, modify and store Your Content. You acknowledge and agree that you will not receive any money as compensation for granting these rights, but that you will receive value from being attributed (by your username) as the creator of Your Content.
You own the content you share. By sharing Your Content with us and granting the rights described in the previous paragraph, you do not grant any ownership rights to Your Content. You represent and warrant that you own all rights, titles, and interests in the content that you share, including all copyrights. You also represent and warrant that the sharing and publication of Your Content does not violate any other person's rights, including any intellectual property rights.
You have the right to share Your Content. By sharing Your Content, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.
How we will use Your Content. We have no obligation to use any of Your Content that you share, and we reserve the right to select in our sole discretion which images will be published. Your Content submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, email marketing, point of sale store materials, and in other promotional and marketing materials.
Waiver. By sharing Your Content, you release Super Duper, from any and all liability resulting from our use of Your Content.
Non-Confidentiality. By sharing Your Content with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove Your Content from our site, simply send us an email at privacy@superduperinc.com. Even if we remove Your Content, your waiver of rights will continue to apply to all of Your Content that we have already used.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement here for disclosures relating to the collection and use of your personal information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, AND PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SUPER DUPER WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SUPER DUPER WEBSITE AND TO THE INFORMATION THEREIN. SUPER DUPER AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SUPER DUPER WEBSITE AT ANY TIME.
SUPER DUPER AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS CONTAINED WITHIN THE SUPER DUPER WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SUPER DUPER AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT SUPER DUPER SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SUPER DUPER WEBSITE. YOU SPECIFICALLY AGREE THAT SUPER DUPER IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT SUPER DUPER IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SUPER DUPER WEBSITE BY ANY THIRD PARTY.
IN NO EVENT SHALL SUPER DUPER AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SUPER DUPER WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SUPER DUPER WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND RELATED GRAPHICS OBTAINED THROUGH THE SUPER DUPER WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SUPER DUPER WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUPER DUPER OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY EVENT, SUPER DUPER'S LIABILITY TO YOU WILL NOT EXCEED THE AMOUNT PAID BY YOU TO SUPER DUPER TO ACCESS THE SUPER DUPER WEBSITE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF A CLAIM BY YOU AGAINST SUPER DUPER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SUPER DUPER WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUPER DUPER WEBSITE.
INDEMNIFICATION
You agree to indemnify and hold Super Duper, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Super Duper Website and/or any information (text or graphical), software, or products obtained through the Super Duper Website and/or from Super Duper.
APPLICABLE LAW
All disputes against Super Duper, including but not limited to disputes as to this Terms of Use; the site license; site access restriction and/or termination; Super Duper's trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property disputes; member accounts; privacy; and disclaimer of warranties shall be governed by the laws of the State of South Carolina, U.S.A. and shall be submitted to a state or federal court South Carolina, including but not limited to the courts in Greenville County, South Carolina, U.S.A., and you irrevocably consent to exclusive jurisdiction and venue in such courts. Use of the Super Duper Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Applicable Law section.
SEVERABILITY
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Super Duper regarding the Super Duper Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Super Duper regarding the Super Duper Website.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
SMS TEXTING / MOBILE TERMS
Additional terms for SMS texting and Mobile Terms of Service are located here.
PROMOTIONAL TERMS
Additional terms for the particular promotions are located here.
CUSTOMER SERVICE
If you have any questions, comments, or concerns, please contact our customer service department, without charge, Monday through Friday from 8:00 a.m. to 4:00 p.m. EST, via email at customerhelp@superduperinc.com or by telephone at 1-800-277-8737.