By accessing our website or mobile application and all associated pages (collectively, the “Site”), you are agreeing to these Terms of Use, and applicable Additional Terms (defined in Section 10 below) (collectively, the “Terms of Use”). The Terms of Use constitute a legal contract between you and SuperNet, which includes SuperNet’s parent company, its subsidiaries and affiliates. These Terms of Use cover all aspects of your use of the SuperNet Site. SuperNet reserves the right to change these Terms of Use at any time, and your continued use of this website constitutes agreement to all such changes so it is recommended that you review the Terms of Use on occasion.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST LEAVE THE SITE NOW. IF AT ANY TIME YOU DO NOT AGREE WITH ANY OF THE TERMS OF USE, YOU MUST IMMEDIATELY CEASE YOUR USE OF THE SITE.
If you do not understand any terms within the Terms of Use, please consult a legal expert for a clarification.
The Site is intended for use by persons over the age of 21 who are legal residents of
the United States. BY CLICKING ANY BUTTON OR BY ACCESSING, BROWSING OR
OTHERWISE USING THE SITE YOU REPRESENT AND WARRANT TO US THAT YOU ARE
AT LEAST 21 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
The Site is not directed at children under the age of thirteen years old. SuperNet
does not knowingly collect personal information from children under thirteen years
old from the Site.
The Site is not intended for distribution to, or use by, any person or entity in any
jurisdiction or country where such distribution or use would be contrary to local law
or regulation.
You may not use or export or re-export any portion of the Site in violation of any
applicable laws or regulations, including United States export laws and regulations.
SuperNet makes no representation that the documents, pages, images or other
materials or content on the Site are appropriate or available for use in jurisdictions
outside the United States.
You agree that SuperNet may collect and use technical and usage data and related
information, including, but not limited to, technical information about your device
and network, date/time and nature of website access and use, system and website
software, and other similar and/or related data, that is gathered periodically for
product support and other services. Through your engagement with SuperNet
through this website, you authorize SuperNet to gather and use this information to
do things like improve products offered through the Site or to provides services or
technologies to you, to provide advertising content SuperNet believes you may be
interested in, and other activities, which may involve third parties and their
advertising content. SuperNet is committed to protecting the privacy of those who
visit our Site. For more information regarding how we gather and use your personal
information, including contact information, and form more information about the
privacy choices that SuperNet consumers may make, please refer to our Privacy
Policy for more information.
Certain areas of the Site are accessible only to registered accountholders. To access
the accountholder-only areas of the Site, you will need the username and password
you have created. You are solely responsible for (1) authorizing, monitoring,
controlling access to and maintaining the strict confidentiality of your username and
password, (2) not allowing another person to use your username or password, (3) any charges or damages that may be incurred as a result of failing to maintain the
strict confidentiality of your username and password, and (4) promptly informing
SuperNet in writing of any need to deactivate a username or password because
they are no longer useful or necessary. SuperNet is not liable for any harm arising
from or related to the theft or unauthorized disclosure of usernames or passwords
or any decision by you to allow another person or entity to access and use the Site
using your username or password. You must immediately notify SuperNet of any
actual or suspected unauthorized use of your username or password or of any
compromise or other breach of confidentiality relating to username or password.
Until SuperNet receives this notification from you, you will be held liable for any
harm ensuing from the use of your username or password on the Site. Your ability
to access accountholder-only areas of the Site associated with any given username
or password may be suspended or terminated for any reason at any time.
You agree that we (including any companies working on our behalf) may contact you, including calls, text message(s), or email, at any phone number, email address,text number or mailing address you provide to us, from which you contacted us, or we receive and believe we can reach you at, to the extent permitted by applicable law, including for purposes of collections. When you give us your phone number, you agree that we (including any companies working on our behalf) have your explicit permission and consent authorizing us to contact you at that number, subject to your privacy preferences. Your consent allows us to use text messaging, automatic phone dialing systems, artificial or prerecorded voice message systems, and automated texting and email technology, even if you are charged message anddata rates for the calls and texts. Automated messages may be played when the telephone is answered, whether by you or someone else. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and/or contact information for you. You do not need to consent to be contacted by telephone, email, or postal mail for marketing purposes to be considered for prequalification or receipt of a SuperNet credit card or other products and services offered through the Site. Note: The express consent in this provision includes and extends to any affiliates, agents, contractors, representatives, servicers, service providers, or assignee.
The Site, all content, any materials downloaded, and all intellectual property pertaining to or contained on the Site are owned by SuperNet or third parties; all right, title and interest therein shall remain the property of SuperNet and/or such third party owner, as applicable. All content is protected by trade dress, copyright, patent and trademark laws, as well as various other intellectual property and unfair competition laws. You are permitted to view and retain a copy of the pages of the Site for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images or other materials on the Site for your own personal, non-commercial use. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, post on the internet, or in any way distribute or exploit the Site, or any portion of the Site, for any public or commercial use without the express written consent of SuperNet. Additionally, you agree that you (i) will not remove or alter any author, trademark orother proprietary notice or legend displayed on this Site (or printed pages produced from the Site), and (ii) will not make any other modifications to any documents obtained from the Site other than in connection with completing information required to transact business through the Site.
The information and materials contained in the Site, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of the Site and systems, including unauthorized entry into SuperNet’s systems, misuse of passwords, or misuse of any information posted on the Site, is strictly prohibited. Not all SuperNet-branded or -branded products or and services may be available in all geographic areas.
THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD
PARTIES. SUPERNET HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION,
MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD
PARTY SITES LINKED TO THE SITE. BY PROVIDING A LINK TO A THIRD PARTY WEB
SITE, SUPERNET DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR
SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS
SUPERNET LIABLE FOR ANY FAILURE OF ANY PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY
DIFFERENT FROM THAT OF SUPERNET AND THE THIRD PARTY WEBSITE MAY
PROVIDE LESS SECURITY THAN THE SITE.
THE INFORMATION AND THESE MATERIALS CONTAINED IN THE SITE, INCLUDINGTEXT, GRAPHICS, LINKS, PAYMENT SERVICES, OR OTHER ITEMS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAWOR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES ARISING FROM A COURSE OFDEALING, USAGE, OR TRADE PRACTICE. SUPERNET DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THEM. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS OF THE SITE, THE MOBILE APPLICATION OR THIRD PARTY SITES THAT MAY BE LINKED. WITH RESPECT TO THE SITE OR ANY THIRD PARTY SITE LINKED, THERE ARE NO WARRANTIES OR LIABILITY WITH RESPECT TO OPERABILITY OR THAT YOUR NEEDS WILL BE MET OR THAT INFORMATION (INCLUDING BALANCE AND PAYMENT INFORMATION) OR FUNCTIONALITY WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE, FREE FROM ERRORS OR DEFECTS, OR UNINTERRUPTED, OR THAT RELATED SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FOREGOING IS AT YOUR SOLE RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES ORTHE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU.
IN NO EVENT WILL SUPERNET OR ANY OF ITS EMPLOYEES, EXECUTIVES,
CONTRACTORS, AGENTS, PARENT COMPANIES, AFFILIATES, OR BUSINESS PARTNERS(“SUPERNET PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY
DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, EXEMPLARY,
LIQUIDATED, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED
SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION
WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM
FAILURE, EVEN IF A SUPERNET PARTY, IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, LOSSES OR EXPENSES.
SuperNet shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to this Site provides SuperNet through this Site. SuperNet shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by SuperNet or as otherwise specifically required by law.
In addition to these Terms of Use, you also agree to any additional terms and/or Agreements that are specific to any product, service or functionality offered by or through SuperNet (“Additional Terms”) and which will also apply in the event they require additional action by you.
PLEASE READ THIS PROVISION OF THE TERMS OF USE CAREFULLY AS IT WILL HAVE
A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE, UNLESS
YOU PROMPTLY REJECT IT AS PROVIDED IN SECTION L BELOW.
THIS ARBITRATION AGREEMENT DOES NOT APPLY IF, AS OF THE DATE OF THIS
AGREEMENT, YOU ARE A MEMBER OF THE ARMED FORCES OR A DEPENDENT OF SUCH A MEMBER COVERED UNDER THE MILITARY LENDING ACT.
For purposes of this Arbitration Agreement and Class Action and Jury Trial Waiver
(“Arbitration Agreement”), the terms “we,” “us” and “our” means SuperNet,
SuperNet Parties, or person or entity named as a co-Defendant in a Claim made by
you related to these Terms.
This arbitration clause will govern all interactions with a SuperNet Party (including
any and all data exchanges and/or collections and the retention and use of such
data) unless and until interactions and/or data becomes subject to a product- or
service-specific agreement with a SuperNet Party that includes an arbitration clause
applicable to the same, at which point this arbitration clause will be superseded, but
only to the extent of any redundant coverage.
Either you or we may agree to resolve our differences by binding Arbitration.
a. Agreement to Arbitrate Disputes: Maintaining healthy relationships is very
important to us. If you have a problem with our Site, please let us know as soon as
you can. Giving us a call helps to resolve the matter quickly. Regardless, except as
stated below, any unresolved Claim will be resolved through final and binding
arbitration as set forth in this section, subject to the opt out pursuant to section l.
below. Either you, we, or any beneficiary of this Arbitration Agreement also may
elect to arbitrate any Claim pursuant to this Arbitration Agreement.
b. Claim: A “Claim” under this section is any unresolved claim, dispute, or
controversy between you and us whether past, present or future, arising out of or
related to these Terms of Use or Site. A “Claim” includes disputes concerning the
validity or enforceability of this Arbitration Agreement. “Claim” has the broadest
possible meaning and includes initial claims, counterclaims, cross-claims, and third-
party claims whether based upon contract; tort; fraud; a constitution, statute,
regulation, ordinance, common law, and/or equity (including any claim for injunctive
or declaratory relief); or otherwise. Notwithstanding the foregoing, Claim does not
include Public Injunctive Relief Requests or any individual actions brought in small
claims court (or your state’s equivalent court, if any). If the aforementioned
individual action is transferred, removed, or appealed to a different court, it’ll be
eligible for arbitration at either party’s request. The bringing and/or maintenance of
any such action shall not be a waiver of rights of any party to compel arbitration of any other Claim subject to this Arbitration Agreement.
The Process
c. Notice of a Claim: Before starting a lawsuit or arbitration, the party electing to
commence a proceeding must give the other party written notice of the Claim. The
notice must include: (1) the name, telephone number, mailing address, and email
address of the party seeking arbitration; (2) reasonable detail of the Claim,
including supporting facts; (3) the remedy sought and a good-faith calculation of the
amount in controversy, expressed in United States Dollars; and (4) the original
signature of the party making a Claim. You must send the notice in writing to
SuperNet, 3960 Howard Hughes Pkwy, 5th Floor, PMB 6041, Las Vegas, NV 89369
Attn: Legal Department. If we intend to make a Claim, we’ll notify you in writing at
the most recent address we have for you in our files. The complaining party must
give the other party a reasonable opportunity over the 30 days after notice is sent
to resolve the Claim.
d. Commencing Arbitration: If the parties do not reach agreement to resolve the
Claim within 30 days after notice is sent, the complaining party may initiate
arbitration by submitting a demand for arbitration to the Arbitration Administrator
at the address listed in Section e. below, subject to the terms of this Arbitration
Agreement and the arbitration company’s rules. If one party files or threatens a
lawsuit, or files a counterclaim or motion to convert an individual action to a class
action in an existing lawsuit, the other party may demand arbitration, including in a
motion to compel arbitration. If the motion to compel arbitration is granted, the
party prosecuting the Claim will be responsible to commence arbitration pursuant to
the terms of this Arbitration Agreement and the arbitration administrator’s rules. If
either party fails to submit to binding arbitration following a lawful demand, the
party who fails to submit will bear all costs and expenses incurred by the party
compelling arbitration.
e. Governing Law and Arbitration Administrator: This Arbitration Agreement is
governed by the Federal Arbitration Act (“FAA”), and not by any state arbitration
law. Each arbitration, including the selection of the arbitrator, will be administered
by the American Arbitration Association (“AAA”) (the “Arbitration Administrator”),
according to the rules in this Arbitration Agreement and the procedures of the AAA.
The rules of this Arbitration Agreement will govern if there is any contradiction with the AAA procedures. A single arbitrator will be appointed. Requests for a copy of the
AAA procedures, demands for arbitration, and any question about the AAA must be
sent to: American Arbitration Association, 1633 Broadway 10th Floor, New York, NY
10019. You may also visit them online at www.adr.org. If the AAA is unavailable,
and you and we can’t agree on a replacement, then you or we may ask a court with
jurisdiction to select the substitute arbitration administrator. A single arbitrator will
be appointed. All arbitrators must be practicing attorneys or retired judges and
experienced and knowledgeable in the substantive laws applicable to the Claim.
f. Fees and Costs: If you can’t obtain a waiver of the AAA’s or arbitrator’s filing,
administrative, hearing, and/or other fees, we’ll agree upon request to cover these
fees up to one thousand five hundred dollars ($1500) unless the arbitration
administrator decides that its rules or law require that our share of fees and costs
be more. Requests for fee reimbursements should be sent to: SuperNet , 3960
Howard Hughes Pkwy, 5th Floor, PMB 6041, Las Vegas, NV 89369, Attn: Legal. Each
party will bear the expense of its own attorneys, experts, and witnesses, regardless
of which party prevails unless the arbitrator decides, based on applicable law, the
rules of the AAA, or this Agreement, that the prevailing party has a right to recover
any of those fees or costs from the other party.
g. Arbitration Hearings and Decisions: Unless otherwise agreed by you and us,
arbitration hearings will take place in a location that’s reasonably convenient for
you. The arbitrator will follow applicable substantive law, except if contradicted by
the FAA; follow applicable statutes of limitations; honor valid privilege Claims; issue
a written decision; and, upon timely request of any party, write a brief explanation
of the basis of the award.
The following provisions will apply to all arbitrations between the Parties under this
Agreement: (1) timely filed offers of judgment under Federal Rule of Civil Procedure
68 or any state equivalent will be honored and require the party that declined to
offer to pay the costs and fees of the filing party if the decision obtained is not more
favorable than the unaccepted offer; (2) the arbitrator must apply state or federal
substantive law applicable to the Claim(s) and may not be permitted to award any
remedy that exceeds that which a court could award for the Claim(s); (3) a finding
that a Claim or counterclaim is frivolous or intended to harass will entitle the other
party to recover their attorney's fees, costs and expenses; (4) the arbitrator shall
not be bound by prior, separate arbitration decisions; and (5) failure or forbearance to enforce this Arbitration Agreement at any particular time or in connection with
any particular Claims won’t constitute a waiver of any rights to require arbitration at
a later time or in connection with any other Claims. Either party may seek to enjoin
the arbitration proceeding in court with jurisdiction and the arbitration will be
automatically stayed pending the outcome of that proceeding.
The arbitrator’s award will be final and binding, except for any appeal right under
the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s
award. Notwithstanding the above, in the event that an award involves a cost or
benefit to any party for more than $100,000 or involves injunctive relief, any party
may appeal the award to a three-arbitrator panel of the Arbitration Administrator,
provided the appeal is filed within 30 days of the original award. The
panel may accept or reject any or all of the original award and any decision of the
panel must be by majority vote. The appealing party must pay all costs unless the
panel decides otherwise.
h. Jury Trial Waiver: YOU AND WE KNOWINGLY, VOLUNTARILY, INTENTIONALLY, AND
IRREVOCABLY AGREE AND UNDERSTAND THAT YOU AND WE ARE GIVING UP THE
RIGHT TO TRIAL BY JURY OF ANY LITIGATION ARISING OUT OF THE AGREEMENT OR
ANY OTHER DISPUTE ON CONTROVERSY BETWEEN YOU AND US.
i. Public Injunctive Relief Requests: If you or we seek public injunctive relief as a
remedy for any Claim (a “Public Injunctive Relief Request”) you and we agree that
the Public Injunctive Relief Request cannot be arbitrated. Instead, that Public
Injunctive Relief Request shall be adjudicated by a court after all other Claims to be
decided in arbitration under this Arbitration Agreement are resolved in arbitration,
including all causes of action pursuant to which a Public Injunctive Relief Request is
made. You and we agree to jointly request that the court stay the Public Injunctive
Relief Request until after the remaining Claims have been finally resolved in
arbitration, and that the parties will only seek to lift the stay and request that the
court resolve the Public Injunctive Relief Request if an arbitrator finds that one of
them is liable for a Claim for which public injunctive relief is an available remedy.
The validity, enforceability, and effect of this section shall be determined
exclusively by a court, and not by any arbitration administrator or arbitrator.
j. Class Action Waiver: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE
THAT ANY CLAIM ARISING OUT OF THE TERMS OF USE OR ANY OTHER DISPUTE OR CONTROVERSY BETWEEN YOU AND US WILL PROCEED ON AN INDIVIDUAL BASIS
AND WILL NOT PROCEED AS PART OF A CLASS, REPRESENTATIVE, OR PRIVATE
ATTORNEY GENERAL ACTION IN COURT OR ARBITRATION. If a court determines that
section j’s limits on a particular Claim is not fully enforceable, then, only after all
appeals have been unsuccessfully made, (1) that Claim will be severed from
arbitration and must be brought in court and (2) this paragraph otherwise will
remain in force.
k. Survival and Severability of Terms: This Arbitration Agreement shall survive: (1)
termination
or changes in the Terms of Use, or any relationship between you and us, as
applicable. If any
portion of this Arbitration Agreement (except for the Class Action Waiver set forth
above) is
deemed invalid or unenforceable, the remaining provisions of the Arbitration
Agreement shall
remain in force to the fullest extent permitted by law.
l. RIGHT TO OPT OUT: You may opt out of this Arbitration Agreement by mailing a
signed opt out notice to SuperNet, 3960 Howard Hughes Pkwy, 5th Floor, PMB 6041,
Las Vegas, NV 89369, Attn: Arbitration Rejection Notice, Attn: Terms of Use
Arbitration Rejection Notice, which is received at the noted address within sixty (60)
calendar days of the date you accessed our Site. The opt out notice must include
your name, address, email address, phone number, a statement of your rejection of
this Arbitration Agreement, and your signature. Rejecting arbitration won’t affect
your other rights or responsibilities under this Agreement nor will it constitute
rejection of any prior or future arbitration agreement between you and us regarding
any other product and/or service.
The Terms of Use are governed by the laws of the State of Nevada, excluding conflicts of law provisions.