These Terms of Service ("Terms") apply to your access to and use of the SuperBooked services your access to and use of the SuperBooked services is conditioned on your acceptance of and compliance with the Terms. By accessing or using SuperBooked you agree to be bound by these Terms, and you recognize and agree that this is a legally binding agreement between you and SuperBooked.

User Eligibility

To use the services offered by SuperBooked, you agree that you are 13 years of age or older, that you have registered with SuperBooked using your real name, and that we have not previously restricted you from using the SuperBooked site.

Privacy

All information that you provide to SuperBooked is subject to our Privacy Policy. You understand that through use of the SuperBooked site you consent to the collection and use of this information as explained in the Privacy Policy.

Your Membership

You are responsible for your actions on the SuperBooked site, for any content you post to the SuperBooked site, and for any consequences thereof. The content you submit, post, or display will be able to be viewed by other users. You should only provide content that you are comfortable sharing with others under these Terms.

You agree to (i) choose a strong and secure password which you will keep secure and confidential; (ii) maintain control of your account by not transferring any part of it to a third party; and (iii) follow all applicable laws while using the SuperBooked site. You agree that SuperBooked is not liable for any loss or damage arising from your failure to comply with the above.

Payment

If payment is required for you to use the SuperBooked site, you agree to pay us the applicable fees and taxes. You authorize us to store and continue billing your payment method even after it is expired, to avoid interruptions to your use of the SuperBooked site and to facilitate easy payment for new services we may offer from time to time. We will provide you an invoice through the email address you provide upon processing of any payment to us.

If you fail to pay fees due, or SuperBooked is unable to secure timely payment, we may terminate your access to the SuperBooked site.

You may request a refund under certain circumstances, as set out in our refund policy. If no refund policy is attached refunds will be granted on a case by case basis, but SuperBooked retains the right to keep, at our discretion, membership payments if you cancel your yearly SuperBooked membership after the payment has been made. If you cancel your SuperBooked membership after payment of the annual membership fee and you do not receive a refund your access to SuperBooked will not be revoked until the next annual payment would be due.

Content on SuperBooked Site and Your Rights

All content provided by any user of the SuperBooked site is the sole responsibility of the person who originated such content. We have the right to monitor or control the content. We may execute such right in our sole discretion, but we have no responsibility to exercise such right. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted using the SuperBooked site, and you agree that under no circumstances will SuperBooked be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the SuperBooked site.

As between you and SuperBooked, you own the content and information that you submit or post to the SuperBooked site, and you agree to grant us a non-exclusive, worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through SuperBooked, without any further consent, notice and/or compensation to you or others. You agree that you will limit the content you provide to the SuperBooked site to content that does not violate the law, or the rights of any third party.

Our Rights

All right, title, and interest in and to the SuperBooked site (excluding content provided by users) are and will remain the exclusive property of SuperBooked and its licensors. The services provided by SuperBooked are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SuperBooked name or any of the SuperBooked trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SuperBooked, or the services we provide, including the SuperBooked website, is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We have the right to limit how you use the SuperBooked site. Additionally, we have the right to restrict, suspend, or terminate your account if we believe you are misusing the site in any way. Each of these rights may be exercised in our sole discretion.

No Warranty and Limitation of Liability

The following section should be read carefully, as it limits SuperBooked’s liability, and the liability of its employees, officers, directors, agents, representatives, and partners (“Agents”). The language below only applies up to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or limitation of liability. If this is the case for your jurisdiction, the following content may not apply to you.

To the maximum extent allowed under law, SuperBooked and its agents disclaim all implied warranties and representations, including but not limited to warranties of merchantability, fitness for a particular purpose, and noninfringement. SuperBooked and its Agents do not guarantee that the SuperBooked website will not function without errors or interuptions. All services provided by SuperBooked are provided on an “as-is” and “as available” basis.

To the maximum extent permitted by law, SuperBooked and its Agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from your access to or use of or inability to access or use the SuperBooked site; any conduct or content of any third party that is using the SuperBooked site; any content obtained from the services; or any unauthorized access, use or alteration of your content on the SuperBooked site.

In no event shall SuperBooked or its Agents aggregate liability exceed the greater of the amount you paid SuperBooked for use of the SuperBooked site, or $499.00.

The limitations above shall apply to any theory of liability, including, without limitation, those based on warranty, contract, or statute, and whether or not SuperBooked has been informed of the possibility of such damage, and even if these remedies fail their essential purpose.

Termination

SuperBooked or you may terminate these Terms at any time with notice to the other. Upon termination, you will lose access to and use of the SuperBooked site. The provisions of these Terms that were meant to survive termination shall so survive. Miscellaneous

Merger. These Terms, along with all applicable attachments, states the full agreement between the parties and supersede all prior negotiations and agreements. We may, in our sole discretion, revise these Terms from time to time. If such revisions are material, in our sole opinion, we will notify you of the revisions.

Waiver. The failure of SuperBooked to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability. If any provision of these Terms is illegal or unenforceable, that provision is severed from the Terms and the other provisions remain in force.

Choice of Law. This Agreement is to be governed and construed in accordance with the laws of Pennsylvania, without regard to its conflict of law principles.

Contact Us

If you have any questions, comments, or concerns about these Terms or the attached documents, contact us at [email protected]