Terms of Service
Last Modified: Mar 23, 2023
THESE TERMS OF SERVICE are entered into by and between Supermode, LLC, a New York limited liability company, d/b/a Supermode, and its users (“User,” “you,” or “your”) (Supermode and User each a “Party” and collectively, the “Parties”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of www.supermode.io and its various subpages (the “Website”), any Supermode mobile application now existing or hereafter created (if applicable, the “App”), and any other services or features available on or through the Website or the App (the foregoing collectively defined herein as the “Services”). The Services are a copyrighted work belonging to Supermode.
The Services are offered and available to Users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that (i) you are of legal age to form a binding contract with Supermode and meet all of the foregoing eligibility requirements, (ii) you have full legal authority to be bound by these Terms of Service, (iii) you have read and understand these Terms of Service, and (iv) you agree to be bound by these Terms of Service. If you do not meet all of these requirements, you must not access or use any Services.
Changes to these Terms of Service
Supermode may revise and update these Terms of Service from time to time in Supermode' sole discretion and timing upon a notification provided via email or on the Website or the App. All revisions, updates, or changes are effective immediately when Supermode posts them to the Website or the App and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the Parties have actual notice on or prior to the date the revision, update, or change is posted. Your continued use of the Services following the posting of revised, updated, or changed Terms of Service means and constitutes your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read, and agree to this page when Supermode posts a notification on the Website or App or sends you a notification through email, prior to continuing to access or utilize the Services so you are aware of any revision, update, or change, as they are binding on you.
Supermode reserves the right to withdraw or amend the Services, and any product, service, or material Supermode provides as part of the Services, in Supermode' sole discretion without notice. Supermode will not be liable to you or any other User if, for any reason, any part of or the entire Services are unavailable for your access or use at any time or for any period. From time to time, Supermode may restrict access by you or others to some parts of the Services or the entire Services.
No Professional Advice; Endorsement Disclaimer
The information contained in or made available through the Services (including, but not limited to, information contained on the Website, the App, message boards, in text or other files, in videos, on social media, or in chats) cannot replace or substitute for the advice or counsel of trained professionals in any field, including, but not limited to, financial, tax, real estate, investment, or legal matters. Supermode and its licensors, suppliers, employees, members, managers, officers, agents, representatives, and contractors make no representations or warranties concerning any action or application of information or preparation by any person following the information offered or provided within or through the Services. NEITHER Supermode NOR ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, OR ANY OF THEIR AFFILIATES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS, INJURY, ILLNESS, OR DEATH TO YOU OR ANYONE ELSE.
You are responsible and accountable for your decisions, actions, and results thereof, and by your use of the Services, you agree not to attempt to hold Supermode or any of the foregoing parties liable for any such decisions, actions, or results, at any time, under any circumstance.
Any certification, qualification, or documentation reflecting completion of the Supermode program, or any portion or level thereof, or any other exam, certification, or course offered as part of the Services, shall not constitute endorsement by Supermode of the recipient’s related skillset at any time or under any circumstance. By using any of the Services, you agree that you will not represent to any person or entity that Supermode endorses you or your skillset or anything else that is contrary to the disclaimers in these Terms of Service.
All products and Services, including, without limitation, all educational materials, downloads, models, and other curriculum in any form or medium (collectively, the “Materials”), are for educational and informational purposes only. Supermode does not warrant or guarantee the accuracy, completeness, or sufficiency of the Materials. Further, nothing on this page, the Website, the App, the Services, or any of the Materials is a promise or guarantee of results or future earnings, and Supermode does not offer any financial, legal, real estate, medical, tax, or other professional advice.
Making decisions based on any information presented in Supermode' products, courses, Services, Website, or App should be done only with the knowledge that you could experience risk or losses just like any career endeavor. Use caution and always consult your own advisors before acting on this or any information related to a lifestyle change or your career or finances. You are responsible and accountable for your decisions, actions, and results thereof, and by your use of the Services you agree not to attempt to hold Supermode liable for your decisions, actions, or results, at any time, under any circumstance.
You acknowledge and agree that you will pay for the portions of the Services for which there is a charge, and that Supermode or its third-party payment processor may charge your credit card, debit card, or other account or method of payment, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with the Services. If you fail to pay any amount owed to Supermode for use of all or any portion of the Services, you may lose access to that portion or the entire Services. Additionally, by using the Services, you acknowledge and agree that you may receive e-mail or SMS text messages on your phone or mobile device from other Users, Supermode, and/or its agents and other third-party affiliates if you choose to use services or products that they offer. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply.
By signing up for a paid Supermode membership, you agree to be billed to the credit card you provided at checkout every 30 days if you are a monthly subscriber or every 365 days if you are an annual subscriber.
At any time, you may cancel your membership directly through your Student Dashboard or by contacting email@example.com. If a scheduled payment per the Billing Agreement fails (due to an expired credit card, insufficient funds, or any other reason), your Supermode membership will immediately expire.
Upon cancellation of your membership, you will have access to all Supermode materials until the next billing cycle occurs. You will not receive a refund for the period in which you canceled since you will continue to have access to all Supermode material until your membership expires.
If your membership is canceled for any reason and you decide to re-enroll in Supermode, you will be subject to the current subscription pricing when you re-enroll.
If you’ve signed up for a monthly subscription and would like to apply your first month’s payment to an upgrade of your membership to an annual subscription, you may do so only within 30 days of your initial enrollment. You must email firstname.lastname@example.org with your request to upgrade to an annual subscription within 30 days of enrollment, and your first month’s payment will be applied toward your annual subscription payment.
Refunds will be considered on a one-off basis and will be at the discretion of Supermode, LLC.
By utilizing the Coaching services, you understand that Supermode and/or its affiliates has not promised, shall not be obligated to, and will not procure or attempt to procure employment or business for you, or perform any business management functions, including, but not limited to, accounting, tax, or investment consulting, or advice with regard thereto. Supermode makes no guarantees as to earning potential or guarantees of earnings based on employment or business opportunities discussed within the Coaching services.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services for any of the following:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service;
- To transmit, or procure the sending of, any advertising or promotional material (without Supermode' prior written consent), including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation;
- To impersonate or attempt to impersonate Supermode, an employee or representative of Supermode, another User, or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or that, as determined by Supermode, may harm Supermode or Users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without Supermode' prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
- Use any “Invite” feature of the Services, if applicable, for sending spam or any solicitation other than as permitted by Supermode; or
- Otherwise attempt to interfere with the proper working of the Services.
Intellectual Property Rights
The Services and their entire contents, features, and functionality (including, but not limited to, all curriculum, information, source code, algorithms, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are wholly owned by Supermode, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other applicable jurisdictions’ intellectual property or proprietary rights laws, as applicable.
These Terms of Service permit you to use the Services in accordance with these Terms of Service only. These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Services or any intellectual property rights owned by Supermode. Supermode, Supermode' logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Supermode or its affiliates or licensors. You must not use such marks without the prior written permission of Supermode. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material from the Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from the Services.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Service, your right to use the Services will cease immediately and you must, at Supermode' option and direction, return or destroy any copies of the materials you have made. Any use of the Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Supermode respects the intellectual property of others and asks that Users of the Services do the same. In connection with the Services, Supermode has adopted and implemented or may from time to time adopt and implement a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of the Users is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Supermode. Please let Supermode know as soon as possible. Please send the following information to Supermode using the contact information set forth at the end of these Terms of Service:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on the Services that you claim is infringing and that you request to remove;
- Sufficient information to permit Supermode to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under applicable law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by Supermode in connection with the written notification and the allegation of copyright infringement.
The Services may, now or in the future, contain areas where Users may post, without limitation, discussions, message board comments, opinions, feedback, reviews, comments, videos, photos, and other content, and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display, or transmit to Supermode or other Users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Services. All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contributions you Post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant Supermode and its affiliates and service providers, its licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to Supermode; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by all applicable third parties and applicable government agencies who own or possess any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you are accurate and complete in their requirement to satisfy the foregoing described representations and warranties.
The following are additional guidelines for Posting materials on message boards and in-lecture discussions:
- Everyone is welcome to suggest new message threads that pertain to the topic of the messaging board;
- The use of profanity, vulgar language, antagonistic remarks, and/or ethnic slurs is strictly prohibited;
- Advertising of any outside web sites or placing outside web links on the message boards is strictly prohibited, as well as the advertising or “hawking” of any products; and
- We encourage creative, original, and thought-provoking discussions. The message boards will not be a free forum for personal attacks on others who log onto these boards.
Violators of this policy may be barred from access to the message boards, in the sole discretion of Supermode.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Supermode, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Supermode is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Services.
Without limiting the foregoing, by sending Supermode a message, you agree to have it, along with your name and other personally identifying information, posted for public viewing both on the Website or Services, or in other promotional and advertising materials without compensation. Supermode makes no assurance that it will post every submission. All messages that are posted represent the opinions of their authors and do not represent the ideas or opinions of Supermode.
Monitoring and Enforcement: Supermode reserves the right to (1) remove or refuse to post any User Contributions for any or no reason in its sole discretion, and/or (2) take any action with respect to any User Contribution that Supermode deems necessary or appropriate in its sole discretion.
Without limiting the foregoing, Supermode has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Supermode to disclose the identity or other information of anyone posting any materials on or through the Services. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS Supermode AND ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Actions that Supermode considers inappropriate and grounds for removal of offending material or termination of access to the Services include, but are not limited to, the following:
- Using the Services to sell any goods or services that are unlawful in the location at which the content is posted or received, or the goods or services delivered;
- Using the Services to Post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable;
- Using the Services to Post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence;
- Using the Services to Post any content that holds Supermode (including its affiliates) up to public scorn or ridicule or would in anyway damage or impair Supermode' reputation or goodwill;
- Using the Services to Post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
- Failing to obtain all required permissions when using the Services to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
- Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
- Using the Services in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing, or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
- Introducing viruses, trojan horses, or other harmful code.
Notwithstanding the foregoing, Supermode does not undertake to review all material or User Contributions before they are Posted on the Services, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, Supermode assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Supermode has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
In addition to the foregoing, these content standards apply to any and all User Contributions and use of the Services. You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions shall not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property, or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote, or assist any unlawful act;
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
- Give the impression that they emanate from or are endorsed by Supermode or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. Supermode does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Supermode DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SERVICES, USER OF THE SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Services may include content provided by third parties, including materials or User Contributions provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Supermode, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Supermode. Supermode is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or other Users.
Information About You and Your Use of the Services
Online Purchases and Other Terms and Conditions
The Services may from time to time include the ability of Users to purchase products or services through the Services. All purchases through the Services or other transactions for the sale of goods or services formed through the Services or as a result of visits made by you are governed by these Terms of Service. Additional terms and conditions may also apply to specific portions, services, or features of the Services from time to time. All such additional terms and conditions, whether now in existence or created in the future, are hereby incorporated by this reference into these Terms of Service.
Linking to the Services and Social Media Features
You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage Supermode' reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Supermode' part without Supermode' express written consent. You agree to cooperate with Supermode in causing any unauthorized framing or linking immediately to cease. Supermode reserves the right, but not the obligation, to withdraw linking permission without notice.
This Services may, from time to time, provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Services;
- Send short message service (“SMS”) text messages, e-mails, or other communications to third parties containing certain content, or links to certain content, on the Services; or
- Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use the Services features solely as they are provided by Supermode and solely with respect to the content they display. Subject to the foregoing, you must not:
- Establish a link to the Services from any website that is not lawfully owned by you;
- Cause the Services or portions of it to be displayed or appear to be displayed by, for example, framing, deep linking, or in-line linking, on any other site;
- Link to any part of the Services other than the Website homepage; or
- Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with Supermode in causing any unauthorized framing or linking immediately to cease. Supermode reserves the right to withdraw linking permission without notice. Supermode may disable all or any social media features and any links at any time without notice in Supermode' sole discretion for any or no reason.
Links from the Services
If the Services contain links to other sites and resources provided by third parties, Supermode provides these links for your convenience only, including links contained in advertisements, including banner advertisements and sponsored links. Supermode has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Relationship of the Parties and Providers
Users are not employees or agents of Supermode or any other User. The relationship between Supermode and a User is that of service provider/user. No brokerage, agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by these Terms of Service or any User’s use of the Services.
Affiliate Marketing Disclosure
Supermode accepts or may in the future accept forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. Some links found on the Services may be affiliate links that allow you to purchase products or services from other companies through advertisements on the Services (“Affiliate Links”). Supermode may receive compensation for purchases made through these Affiliate Links.
Supermode is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com
Geographic Restriction: Supermode provides the Services for use only by persons located in the United States. Supermode makes no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
International Users: The Services are controlled, operated, and administered by Supermode from Supermode' offices within the United States of America and are specifically intended only for Users located within the United States. If you access the Services from a location outside of the United States, you are responsible for compliance with all national and local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Disclaimer of Warranties: THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. Supermode SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability: You acknowledge that, unless expressly stated on the Services, all User Contributions are provided by independent Users, not by Supermode. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, Supermode HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE SERVICES.
UNDER NO CIRCUMSTANCES WILL Supermode' LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT RECEIVED BY Supermode FROM THE PARTICULAR USER FOR THE SERVICES, IF ANY. IN ADDITION, IN NO EVENT WILL Supermode, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, MEMBERS, OR REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, OR ANY SERVICES, ADVICE, OR ITEMS OBTAINED THROUGH THE SERVICES, OR ONLINE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, WHETHER RELATED TO YOU OR ANY OTHER PARTY AND EVEN IF FORESEEABLE. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
Indemnification: You agree to defend, indemnify, and hold harmless Supermode, its affiliates, licensors, and service providers, and its and their respective officers, managers, members, employees, contractors, agents, representatives, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services, or products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Services.
Governing Law: These Terms of Service and the relationship between you and Supermode will be governed by the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule whether of the State of New York or any other jurisdiction.
Jurisdiction: Except as otherwise provided in these Terms of Service, you and Supermode agree that any dispute or controversy arising out of, relating to, or in connection with the interpretation, validity, construction, performance, breach, or termination of these Terms of Services shall be exclusively filed and resolved in the state and federal courts of the State of New York, United States of America, and each Party hereby consents to both the jurisdiction and exclusive venue of the state and federal courts located in the State of New York.
Waiver of Jury Trial: Each Party hereto acknowledges and agrees that any controversy THAT may arise under these Terms of Service IS likely to involve complicated and difficult issues, and therefore you and Supermode hereby irrevocably and unconditionally waive any right to have a trial by jUry in respect of any litigation directly or indirectly arising out of or relating to these Terms of Service, or transactions contemplated hereby or therein.
No Assignment: You may not assign your rights nor delegate your duties under these Terms of Service without Supermode' prior written consent, and any attempted assignment or delegation in violation of the foregoing will be null and void.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver: No failure by Supermode to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Supermode to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Notices. Supermode may give notice to you by email or other reasonable means. You shall give notice to Supermode by certified mail (postage pre-paid and return receipt requested) to: