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Terms of Service

Last modified: November 11, 2024

Welcome to SuperSummary! Meyer Media LLC (d/b/a SuperSummary) (“Us,” “We,” or “SuperSummary”) provides the supersummary.com website, products, services, and applications (collectively, the “Services”) to you, the user, subject to your compliance with these terms and conditions (collectively, the “Terms of Service” or “Agreement”). All terms and policies contained or referenced herein are hereby incorporated by reference into these Terms of Service.

In these Terms of Service, we use the terms “you” and “your” to mean any person using our Services, and any organization or person using the Services on an organization’s behalf.

The Basics

Your Subscription

You may register for an account via the Services subscribe page. If you select a paid account, you must comply with the “Fees and Payment” terms below.

Our Content

We are proud to offer the Study Guides, Plot Summaries, and other literary resources contained in the Services (the “Content”). You acknowledge and agree that your use of the Services and the Content are subject to these Terms of Service, including, without limitation, the “Intellectual Property” section below. You may not use the Services or any of its content or materials in a manner not explicitly permitted by the Services (including, without limitation, for resale or sharing with any third party).

The Content is published for the sole purpose of intellectual stimulation, education, and general knowledge. The Content has been produced using extensive and detailed research. However, despite SuperSummary’s best efforts, the Content may not always be accurate or complete. The Study Guides are not designed to replace reading the text itself but should be seen as guidance to help readers learn and expand their knowledge. SuperSummary makes no warranty as to the accuracy, completeness, usefulness, value, or fairness of the Content, nor does SuperSummary guarantee against errors, failed links, omissions, or lost data on the Services or in the Content.

Refund Policy

You may cancel your account for the Services at any time, but all fees are non-refundable unless you are eligible under our Money-Back Guarantee policy. Learn about Money-Back Guarantee eligibility here.

If you terminate your access to the Services, unless you qualify for our Money-Back Guarantee, you will continue to receive access to the Services until the end of your then-current term, as further described in the “Termination of Services” section below. 

Notwithstanding the foregoing, all purchases made through a mobile app store (e.g., Apple App Store, Google Play Store) are subject to the refund policies of the respective app store from which the application was downloaded. Refunds will be processed in accordance with the terms and conditions of the respective app store. If permitted, users seeking a refund should refer to the app store’s refund policy and initiate the refund request through the app store’s procedures.

AI Products and Features

We may offer AI-powered products or features as part of the Services by leveraging third-party large language model providers like OpenAI (“Third-Party LLMs”). LLM technology is not infallible and may occasionally generate “hallucinations” or inaccurate, unexpected, or biased results. Such results do not reflect the views or beliefs of SuperSummary. We encourage our readers to approach these tools as starting points and not as primary source material. You are responsible for all inputs, including ensuring inputs do not violate any applicable laws or these Terms of Service, and ensuring you have all legal rights to share these inputs. We do not advise sharing any sensitive or personal information via your inputs. Find more information on how we're using AI here.

Account Registration

When you register, you may provide us with some basic information, such as a phone number or email address. Keep your email address and other account information current and accurate. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your account credentials with others. If someone is using your account, notify us immediately.

You are permitted to use the Services only if you: (1) represent that you are of legal age to form a binding contract in your jurisdiction (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms of Service on your behalf); (2) comply with our Terms of Service; (3) will not copy or distribute the Content or any part of the Services without SuperSummary’s prior written authorization; (4) provide accurate and complete information when creating an account; and (5) acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Services.

If given the option to register for the Services in connection with a group or organization (such accounts, “Group Subscriptions”), you may register for the Services as either the “master user” or “permitted user,” provided that you comply with the Terms of Services at all times regardless of your account type. Please note that “permitted users” may be suspended or terminated from using the Services upon the suspension or termination of the Group Subscription. 

You may not share your account login information with or transfer it to anyone, except to the extent permitted by a valid Group Subscription or unless otherwise approved in writing by SuperSummary in each instance. If your account has been suspended or terminated, you may not create another account. Any activity that purposefully or negligently jeopardizes the security of your account or anyone else’s (such as allowing someone else to log onto your account) is subject to immediate termination of the Services without refund.

Your Privacy

We take the privacy of our visitors and users very seriously. For our current Privacy Policy, please click here.

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send us any personal information about yourself. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe a child under 13 may have provided us with personal information, please contact us at support@supersummary.com.

Fees and Payment Terms

On the subscribe page, you may select your subscription type, which includes a specified term length and auto-renewal frequency for the Services. You hereby agree to make the payments in accordance with the payment terms that correspond with your selection of Services and term length.

You shall provide SuperSummary with a valid and updated method of payment on file at all times. You authorize SuperSummary to charge your method of payment for all Services selected during registration for the initial subscription term and any corresponding renewal subscription term(s). Such charges shall be made in advance, either annually or in accordance with any different billing frequency stated on the registration page. Upon renewal, if your on-file payment method fails, SuperSummary will continue attempting to charge such method until payment is complete; repeated failure will result in suspension or cancellation of your account.

All fees and applicable taxes are payable in USD. Unpaid fees are subject to a finance charge of one and a half percent (1.5%) per month, or the maximum permitted by law, whichever is lower, plus all expenses of collection, including reasonable attorneys’ fees. Fees under these Terms of Service are exclusive of all taxes, including national, state, or provincial and local use, sales, value-added, property and similar taxes, if any. You agree to pay such taxes (excluding US taxes based on our net income) unless you have provided SuperSummary with a valid exemption certificate.

Restrictions on Use

You agree to use the Services solely for your own personal, non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity (except to the extent permitted by a valid Group Subscription).

SuperSummary reserves the right to suspend or terminate your access to the Services if we determine, in our sole discretion, that you are using the Services in an unusual, unnatural, or excessive manner. This includes, but is not limited to, activities such as downloading Content in a mass volume, utilizing automated tools or scripts to access the Services, repeatedly accessing the Services in a manner that exceeds normal usage patterns, or any other conduct that we believe adversely affects the stability, security, or integrity of our Services. Such determinations will be made based on our reasonable analysis and judgment, and we may take these actions without prior notice to you. Additionally, if your access is suspended or terminated due to such activities, you will not be entitled to any refunds and also forfeit any associated rights or privileges granted under these Terms of Service.

You may not use the Services or contents set forth herein for any illegal purpose or in any manner inconsistent with the Terms of Service.

You agree not to use, transfer, distribute, or dispose of any information contained in the Services in any manner that could compete with the business of SuperSummary.

You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the Services. You may not recirculate, redistribute, or publish the Content (even if downloaded or purchased) without SuperSummary’s prior written consent.

You may not screen scrape or web scrape or use any robot, spider, data miner, crawler, or other automated means to access or index the Services, the Content, or any portion thereof for any purpose.

Modification of SuperSummary’s content is a violation of the copyrights and other proprietary rights of SuperSummary or its subsidiaries. Additionally, you may not monetize or offer any part of the Services for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of SuperSummary. The Services and the information contained therein may not be used to construct a database of any kind. The Services and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of SuperSummary or its subsidiaries, suppliers, or affiliates in any manner. You will not use the Services or the information contained therein in unsolicited mailings or spam material.

Termination of Services

You may terminate your account at any time by logging into your account and following these instructions through the Services or by contacting us at support@supersummary.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat personal information you provide to us after you have stopped using our Services. 

If you terminate your account, you will have continued access to the Services until the end of your then-current subscription period, and your subscription will not renew thereafter.

SuperSummary may also terminate your privilege to use or access the Services immediately and without notice for any reason whatsoever (including if it suspects that you are breaching these Terms of Service or using the Services or its content or materials in an unauthorized way). Upon such termination, you must immediately cease accessing or using the Services and all Content and agree not to access or make use of, or attempt to use, the Services or any Content (whether downloaded or not). You understand that SuperSummary may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to SuperSummary.

You will not be entitled to any refunds for any termination or expiration of the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive the termination of your access to the Services, including, without limitation, provision regarding IP ownership, warranty disclaimers, indemnity, and limitations of liability.

Changes and Amendments to Terms

We expressly reserve the right to change these Terms of Service from time to time upon notice to you (which may include placing a notice on the Services website or application). If you don’t agree with the new Terms of Service, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. Your continued use of the Services after such modifications will constitute acknowledgment of the modified Terms of Service and your agreement to abide and be bound by the modified Terms of Service.

Intellectual Property

The Services and Materials

The Content and all other media and materials contained in the Services are owned by or licensed to SuperSummary to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Services are either the property of, or used with permission by, SuperSummary. You may not reproduce, republish, transmit, upload, distribute, copy, or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with SuperSummary. We may redesign the Services at our sole discretion at any time.

During the term of this Agreement, SuperSummary grants you a limited, nonexclusive, non-transferable, revocable license to access and use the Services and all Content accessible via your registration type, solely for your personal, non-commercial use, strictly in accordance with these Terms of Service. This license shall automatically expire upon the earlier of the expiration of your term to use the Services or the termination of your account.

Please contact us at support@supersummary.com if you have any questions about your rights to the Services or the Content.

User Content

Anything you post, upload, share, store, or otherwise provide through the Services, such as ratings, reviews, messages, and information that you display in your account profile, is your “User Submission.” Some User Submissions may be viewable by other users. To display your User Submissions on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in or to those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant SuperSummary a royalty-free, perpetual, sublicensable, irrevocable, and worldwide license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile phone as well as a computer) and reproduce, and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services as described by the functionality of the Services. This is a license only; your ownership in User Submissions is not affected.

Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Services, you may contact our Designated Agent at the following address:

SuperSummary

548 Market St #76678

San Francisco, CA 94104

Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on the Service;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

SuperSummary will promptly terminate without notice the accounts of users that are determined by SuperSummary to be “Repeat Infringers.” A Repeat Infringer is a user who has been notified of infringing activity.

Feedback

We always appreciate user feedback and are always on the lookout for ways to improve SuperSummary. For feedback, comments, questions, or concerns, you can contact us at support@supersummary.com and we will return your email at the soonest opportunity possible.

Third-Party Applications and Sites

As part of using the Services, SuperSummary may provide you with links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third-Party Applications, Software or Content”). SuperSummary has no control over Third-Party Sites and Third-Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third-Party Sites or Third-Party Applications, Software, or Content. Such Third-Party Sites and Third-Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by SuperSummary, and SuperSummary is not responsible for any Third-Party Sites accessed through the Services or any Third-Party Applications, Software, or Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software, or Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software, or Content does not imply approval or endorsement thereof by SuperSummary. If you decide to leave the Services and access the Third-Party Sites or to use or install any Third-Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the site.

Disclaimer of Warranty

General

USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SUPERSUMMARY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, SUPERSUMMARY MAKES NO WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

AI Features

YOU ACKNOWLEDGE AND AGREE THAT AI-ENABLED PRODUCTS AND FEATURES IN THE SERVICES MAY GENERATE UNRELIABLE, INACCURATE, BIASED, OR OFFENSIVE OUTPUT. YOU ACKNOWLEDGE AND AGREE THAT: (I) YOU WILL EVALUATE ALL OUTPUT BEFORE RELYING ON OR OTHERWISE USING OUTPUT; (II) YOU ARE RESPONSIBLE FOR ENSURING ANY OUTPUT INCORPORATED INTO YOUR INTELLECTUAL PROPERTY COMPLIES WITH THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; AND (III) SUCH AI-ENABLED FEATURES ARE NOT DESIGNED FOR OR INTENDED TO BE USED FOR SENSITIVE USE CASES (INCLUDING PROFESSIONAL, LEGAL, FINANCIAL, OR MEDICAL ADVICE). YOU SHALL NOT INPUT OR UPLOAD ANY SENSITIVE DATA INTO THE SERVICES.

Limitation of Liability

IN NO EVENT WILL SUPERSUMMARY BE LIABLE TO ANY PARTY FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SERVICES OR ANY USE OF THE SERVICES, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SERVICES, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SUPERSUMMARY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (B) AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO SUPERSUMMARY IN CONNECTION WITH THE SERVICES IN THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

Notice and Electronic Communications

Communications made through the Service’s email and messaging system will not constitute legal notice to SuperSummary or any of its officers, employees, agents, or representatives in any situation where notice to SuperSummary is required by contract or any law or regulation.

Any such notice must be sent to:

SuperSummary

548 Market St #76678

San Francisco, CA 94104

Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

The communications between you and SuperSummary use electronic means, whether you use the Services or send us emails, or whether SuperSummary posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SuperSummary in an electronic form, including transactional emails (e.g. notifications related to your account, billing status, or usage) and promotional emails (such as product/service announcements, marketing communications, and special offers from SuperSummary or trusted third parties); and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SuperSummary provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Terms for Mobile App Stores

The following terms apply to your use of the Services via a mobile app available via the Google LLC or one of its affiliates (“Google”) Play Store and the Apple, Inc. (“Apple”) App Store.

Apple App Store

In connection with your use of the Services via an App Store application (an “Application”):

  1. Both you and SuperSummary acknowledge that the Terms of Service are concluded between you and SuperSummary only, and not with Apple, and that Apple is not responsible for the Application or the Content;
  2. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Service as they are applicable to the Services;
  3. You will only use the Application in connection with an Apple device that you own or control;
  4. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  5. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  6. You acknowledge and agree that SuperSummary, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
  7. You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, SuperSummary, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim;
  8. You represent and warrant that you are not located in a country subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and that you are not listed on any US Government list of prohibited or restricted parties;
  9. Both you and SuperSummary acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
  10. Both you and SuperSummary acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service, and that upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as the third-party beneficiary hereof.

Google Play Store

By downloading an application for the Services from the Google Play Store (or its successors) operated by Google, you specifically acknowledge and agree that:

  1. To the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of the Services that you download from Google Play, and
  2. You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by SuperSummary or you (or any other user) under these Terms of Service or the Google Play Terms.

Dispute Resolution

Choice of Law; Venue

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. The venue for any disputes arising from or concerning this Agreement or use of the Services shall be in San Francisco, California.

Arbitration

In the interest of resolving disputes between you and SuperSummary in the most expedient and cost-effective manner, you and SuperSummary agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms of Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU AND SUPERSUMMARY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and SuperSummary will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting SuperSummary at support@supersummary.com

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified US Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). SuperSummary’s address for Notice is: SuperSummary, w St. Suite 303B, San Francisco, CA 94107. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or SuperSummary may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SuperSummary must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, SuperSummary will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by SuperSummary in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.

Fees and Procedure

The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys’ fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Services, SuperSummary will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse SuperSummary for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

No Class Actions

YOU AND SUPERSUMMARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and SuperSummary agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a user may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.

Modifications to this Arbitration Provision

If SuperSummary makes any future change to this arbitration provision, other than a change to SuperSummary’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to SuperSummary’s address for Notice, in which case your account with SuperSummary will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability

If the “No Class Actions” section is found to be unenforceable or if the entirety of this Section 9 is found to be unenforceable, then the entirety of this Section 9 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to these Terms of Service.

Right to Opt Out of Arbitration

You may submit a statement notifying SuperSummary that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify SuperSummary of your intention to opt out by submitting a written notice, which may be via email to support@supersummary.com stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.

General Terms

Indemnity

To the fullest extent allowed by applicable law, you agree to indemnify and hold SuperSummary, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment

SuperSummary may assign or delegate these Terms of Service and/or SuperSummary’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service without SuperSummary’s prior written consent, and any unauthorized assignment and delegation by you is void.

No Agency

You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of SuperSummary, and you do not have any authority of any kind to bind SuperSummary in any respect whatsoever.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that SuperSummary may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms of Service shall otherwise remain in full force and effect and enforceable. You and SuperSummary agree that these Terms of Service are the complete and exclusive statement of the mutual understanding between you and SuperSummary, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Service. Except as expressly set forth in the section above regarding the App Store application, you and SuperSummary agree there are no third-party beneficiaries intended under these Terms of Service.