Supernow, Inc. (“Supernow” “we,” “us,” or “our”) welcomes you. We provide you access to our website located at https://www.supernow.com/ (the “Website”) and our camp and afterschool programming (“Camp and Afterschool Programming”, and together with the Website, the “Services”) subject to the following terms (the “Terms”), which may be updated by us from time to time without notice to you.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
SUPERNOW MAY REFUSE ACCESS TO OR USE OF THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICES ARE REVOKED IN SUCH JURISDICTIONS.
Our community, like any community, functions best when our users follow a few simple rules. Accordingly, you agree to comply, and to ensure that each of your Programming Participants (as defined below) complies, with each of the community guidelines below (the “Community Guidelines”).
If you find something that violates our Community Guidelines, please let us know and we will review it.
ACCESS BY MINORS
Our Camp and Afterschool Programming is designed to be accessed and used by children, but only with the consent of the child’s parent or legal guardian. If you permit any minor child (i.e., any individual under the age of 18 years) to access, participate in, or otherwise use the Services, including, without limitation, the Camp and Afterschool Programming (each such minor, a “Programming Participant”), you represent, warrant, and covenant that: (i) you are the legal guardian of such minor, or otherwise have obtained the consent and approval of such minor’s legal guardian to provide the minor with access to and use of the Services and to permit such minor to participate in the Camp and Afterschool Programming; (ii) you shall ensure (including through appropriate supervision) the safety of such minor while participating in any Camp and Afterschool Programming and such minor’s compliance with these Terms at all times during his or her use of the Services; (iii) you have informed such minor of the terms and conditions of these Terms, and he or she has agreed to access and use the Service, and participate in any Camp and Afterschool Programming, in strict compliance with the same; (iv) you shall be solely responsible and liable for such minor’s access to and use of the Services and participation in the Camp and Afterschool Programming, including for any injury or damage to the minor or any other person as a result of such use and/or participation; and (v) all waivers, releases, acknowledgments, and assumptions of risk made by you under these Terms are made both for yourself and on behalf of the applicable minor. Supernow hereby disclaims any and all liability arising out of usage of the Services (including participation in any Camp and Afterschool Programming) by any minor without the supervision and consent of such minor’s legal guardian. IF YOU ARE A MINOR, YOU MAY NOT ACCESS, PARTICIPATE IN, OR OTHERWISE USE THE SERVICES, INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING, WITHOUT THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN.
In order to access and use the Services or certain features thereof, whether through a Free Trial or through purchase of an Access Pass (each as defined below), you will be required to establish a Supernow profile and user account (a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your User Account, regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your User Account, and shall immediately notify Supernow of any actual or suspected unauthorized access to or use of your User Account or any associated user IDs, passwords, or other credentials. You will cooperate fully with Supernow and take all actions that we reasonably deems necessary to maintain or enhance the security of the Services or our computing systems and networks and your access to the Services. Supernow is not and shall not be deemed liable for any loss or damage to you arising from your failure to comply with this paragraph.
Your access to the Services may be preceded by a free trial (a “Trial”). We reserve the right, in our sole discretion, to determine your eligibility for a Trial. If you receive a Trial, you and your Programming Participants may only use those portions of the Services (and participate in those number and types of Camp and Afterschool Programming) included in your Trial, only for the duration of that Trial, and only for the purpose of evaluating the desirability of purchasing access to the Services. Upon the expiration of any Trial, your ability (and the ability of your Programming Participants) to access and participate in Camp and Afterschool Programming will cease, except where you have purchased and/or registered for an Access Pass (as defined below) in accordance with the terms hereof.
ACCESS PASS PURCHASE AND FEES
Subject to and conditioned upon your compliance with these Terms, you may purchase access to the Services (including, without limitation, the Camp and Afterschool Programming) on a subscription basis (each such subscription, an “Access Pass”) through our purchasing portal, available on the Website. In order to purchase any Access Pass, you must have a current valid credit card or other payment method acceptable to Supernow (a "Payment Method"). By providing a Payment Method to Supernow, you are expressly authorizing us to charge you the purchase price of your Access Pass, together with all associated taxes, fees, and other amounts. The purchase price and all subscription fees and other amounts applicable to your purchase of an Access Pass and to your use of the Services shall be as posted to the Website as of the date of purchase. Supernow will bill the Access Pass purchase price and all applicable fees, taxes, and other amounts at the time of purchase to the Payment Method you listed in your User Account, or to a different Payment Method if you provide us with a different Payment Method in connection with the applicable purchase. Your subscription to the Services will automatically renew for subsequent terms equal to the term of your initial subscription, and you authorize us to charge you for such renewal terms via your Payment Method, unless you provide us with written notice of your intention to terminate your subscription to the Services at least thirty (30) days in advance of such renewal. ALL FEES AND OTHER AMOUNTS PAYABLE HEREUNDER ARE FULLY EARNED UPON PAYMENT AND ARE NON-REFUNDABLE. ALL ACCESS PASS PURCHASES ARE FINAL PURCHASES, NON-REFUNDABLE AND NON-EXCHANGEABLE.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Supernow and/or our licensors exclusively own all right, title, and interest in and to the Services, including all associated intellectual property rights. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services.
The Services contain material, such as videos (including, without limitation, Recordings (as defined below)), photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of Supernow (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may use the Services and view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of Supernow. Supernow and/or our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Services and the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Services or Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose.
If you violate any part of these Terms, your permission to access the Services and the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Supernow (the “Supernow Trademarks”) used and displayed on the Content are registered and unregistered trademarks or service marks of Supernow and/or our licensors. Other company, product, and service names located on the Content may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Supernow Trademarks, the “Trademarks”). Nothing on the Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Supernow Trademarks inures to our benefit.
Elements of the Content are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
Live-stream Camp and Afterschool Programming is made available by Supernow via a third-party video conferencing platforms, currently Zoom. By accepting these Terms or by taking part in, or consenting to your Programming Participant’s participation in, any live-stream Camp and Afterschool Programming session, you agree to Zoom’s Terms of Service and Privacy Statement, available at https://zoom.us/terms and https://zoom.us/privacy, respectively (collectively, the “Zoom Policies”). You acknowledge that we are not responsible for Zoom, its products or services, or for the products or service of any other third party vendor. Any access or use by you or any of your Programming Participants’ of any third party products or services is at your sole risk.
Additionally, you understand and acknowledge that when your Programming Participants participate in live-stream Camp and Afterschool Programming through Zoom (or such other video conferencing platform as we may elect to use from time to time), all or portions of the Camp and Afterschool Programming may be shown in gallery view. Accordingly, your Programming Participants will be visible to other Camp and Afterschool Programming participants, and such other Camp and Afterschool Programming participants will be visible to your Programming Participants. Although Supernow requires that all users of the Services comply with the Community Guidelines, YOU UNDERSTAND AND ACKNOWLEDGE THAT SUPERNOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO, AND SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR, THE CONDUCT OF ANY USERS OF THE SERVICES, INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING PARTICIPANTS, AND SUPERNOW WILL NOT BE RESPONSIBLE FOR ANY LIABILITY OR HARM THAT MAY RESULT FORM YOUR INTERACTIONS, OR THE INTERACTIONS OF YOUR PROGRAMMING PARTICIPANTS, WITH OTHER USERS OF THE SERVICES.
We record all live-stream Camp and Afterschool Programming sessions for the limited purposes set forth herein (“Recordings”), including, without limitation, (i) to ensure the Camp and Afterschool Programming functions properly, (ii) to ensure that Programming Participants are receiving appropriate Content, (iii) for providing counselor training and feedback, and (iv) for such other purposes to which you may consent. Additionally, we include all Recordings in our online library, through which Access Pass holders may replay or view pre-recorded Camp and Afterschool Programming, subject to any limitations or restrictions applicable to their Access Pass.
When our counselors conduct Camp and Afterschool Programming, Recordings are primarily made in the “presenter” view of Zoom or the applicable video conferencing platform. However, when your Programming Participant chooses to contribute to the Camp and Afterschool Programming, whether through responding to a question, participating in show-and-tell or other sharing activities, or otherwise actively participating in the Camp and Afterschool Programming (each, a “Spotlight”), your Programming Participant will be visible in the Recording for all or a portion of that Spotlight. YOU EXPRESSLY CONSENT, ON YOUR OWN BEHALF AND ON BEHALF OF YOUR PROGRAMMING PARTICIPANTS, TO OUR RECORDING OF YOUR PROGRAMMING PARTICIPANTS IN CONNECTION WITH ANY SPOTLIGHT, AND YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT RECORDING OF ANY SPOTLIGHTS WILL BE ACCESSIBLE AND VIEWABLE BY OTHERS THROUGH OUR ONLINE LIBRARY.
COMMUNICATIONS WITH AND SUBMISSIONS TO US
Although we encourage you to e-mail us, we do not want you or Programming Participants to, and you and Programming Participants should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you or your Programming Participants send to us, including, but not limited to, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, ideas, concepts, know-how, or techniques contained in such communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you or any Programming Participants.
NO WARRANTIES; LIMITATION OF LIABILITY
THE SERVICES, INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING, AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SERVICES ARE PROVIDED BY SUPERNOW ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUPERNOW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING, AND ANY CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPERNOW DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SERVICES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ADDITIONALLY, AND WITHOUT LIMITING THE FOREGOING, NEITHER SUPERNOW NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE OR THE SERVICES (INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING), OR ANY RESULTS GENERATED THEREFROM, WILL MEET YOUR NEEDS OR EXPECTATIONS. SUPERNOW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SAFETY OR APPROPRIATENESS OF YOUR OR YOUR PROGRAMMING PARTICIPANTS’ PARTICIPATION IN THE SERVICES (INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING), OR THAT YOU OR ANY PROGRAMMING PARTICIPANT WILL RECEIVE ANY SPECIFIC RESULTS OR EDUCATIONAL OR OTHER BENEFITS FROM PARTICIPATING IN THE SERVICES (INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING). SUPERNOW FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR, THE ACTIONS OF OTHER USERS OF THE SERVICES, ANY THIRD PARTY SERVICE, OR THE QUALITY OR AVAILABILITY OF THE CAMP AND AFTERSCHOOL PROGRAMMING. AS BETWEEN YOU AND SUPERNOW, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR AND YOUR PROGRAMMING PARTICIPANTS’ ACCESS TO AND USE OF THE SERVICES (INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING), AND ALL RESULTS GENERATED THEREBY OR AVAILABLE THERETHROUGH.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT SHALL SUPERNOW OR ITS OFFICERS, DIRECTORS, EMPLOYEES, COUNSELORS, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR OR ANY PROGRAMMING PARTICIPANT’S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES (INCLUDING ANY CAMP AND AFTERSCHOOL PROGRAMMING), INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, AND (B) IN NO EVENT WILL SUPERNOW’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY MATTER ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE SUM OF $50. If you are not satisfied with the Website or the Services (including any Camp and Afterschool Programming), your sole and exclusive remedy is to cancel your Access Pass, if any, and cease all access to and use of the Website and Service by you and by any of your Programming Participants.
Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Supernow shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance.
You and Supernow understand and agree that the disclaimers, exclusions, and limitations in this Section above are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Supernow would be unable to make the Services available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.
The Services may contain advertisements and links to third-party websites (“External Sites”). These advertisements and links are provided solely as a convenience to you and not as an endorsement by us of the advertiser or the content on such External Sites. The content of the advertisements and of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any advertisement or linked External Sites and do not make any representations regarding the content or accuracy of such advertisements or any materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold Supernow and our owners, members, officers, directors, employees, counselors, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your or your Programming Participant’s breach of these Terms; (ii) your or your Programming Participant’s misuse of the Content or the Services; (iii) your or your Programming Participant’s violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and (iv) your or your Programming Participant’s violation of the Zoom Policies (or the policies of any successor video conferencing platform that we may elect to use with respect to the Services). We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States and are only available to United States residents. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
CHANGES TO TERMS
These Terms are effective as of the last updated date stated at the top. We may change these Terms from time to time with or without notice to you. Any such changes will be posted on the Website. By accessing the Services after we make any such changes to these Terms, you are deemed to have accepted such changes. Please refer back to these Terms on a regular basis.
TERMINATION OF TERMS
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Services, at any time and for any reason without prior notice or liability to you. We likewise reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability to you. Any provisions of these Terms which, by their nature, extend beyond termination or expiration of these Terms (including, without limitations, those provisions relating to intellectual property, disclaimers of warranties, limitations of liability, and indemnification) shall survive any termination of these Terms.
This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
In the event of a dispute arising between you and Supernow under or relating to these Terms or the Services (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND
DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Supernow, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Supernow will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth below, nothing in these Terms will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.
Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.