Privacy Policy
Blueprint Financial Technologies Inc, dba Ownership Bio (“Ownership”) is a technology company that facilitates and provides Ownership users (“Members” or “you”) access to an efficient and streamlined process for obtaining laboratory and diagnostic testing, maintaining laboratory and diagnostic results, and receiving wellness information to assist Members in taking ownership of their health (the “Platform”).
This Privacy Policy describes the personal information we collect, how we use and protect it, and your rights and choices. This Privacy Policy (“Privacy Policy”) explains how Superhuman collects, uses, and discloses information about you obtained when you visit the website www.ownershipbio.com (our “Website”) [and the Ownership web application (our “Application”) when you visit the website] and our practices for collecting, using, maintaining, protecting, and disclosing that information on the Platform.
This policy applies to information we collect: on our Website [and Application]; in email, text, and other electronic messages between you and our Website [and Application]; when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy. It does not apply to information collected by third party the physicians or other healthcare providers that we contract with, including through any application or content that may link to or be accessible from or on the Website [or Application].
Please read this policy carefully. By accessing or using our Website[ and/or Application], you agree to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Website [or Application].
1. Children Under the Age of 18
Ownership does not knowingly collect or solicit any information from anyone under the age of 18 on its Website [or Application]. If we learn that we have inadvertently collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 18, please contact us using the contact details set out at the end of this Privacy Policy. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
2. Information We Collect About You and How We Collect It Generally
We collect several types of information from and about users of our Website [and Application], specifically information by which you may be personally identified, such as name, postal address, billing address, work address, shipping address, e-mail address, home, work, and mobile telephone numbers, driver’s license number, date of birth, credit or debit card number (for payment purposes only), the last four digits of your Social Security Number, your medical history, and health information (“Personal Data”); traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website [or use of our Application], error information, clickstream data, and other communication data and the resources that you access and use on the Website [or through our Application]; and/or about your internet connection, the equipment you use to access our Website[ or use ourApplication] and usage details.
We collect this information directly from you when you provide it to us; automatically as you navigate through the Website [or use our Application]. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, geo-location services, and other tracking technologies; and from third parties, for example, our business partners.
Information You Provide to Us
The information we collect on or through our Website[ or through our Application] are information that you provide by filling in forms on our Website [or the Application]. This includes information provided at the time of registering to use our Website [or Application], using our physician consultation services, or requesting further services.We may also ask you for information when you report a problem with our Website[ orApplication]; records and copies of your correspondence (including email addresses), if you contact us; your responses to surveys that we might ask you to complete; details of transactions you carry out through our Website[ or through the Application] and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website[ or Application].
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website[ and Application], we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically: details of your visits to our Website [or Application], such as traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website [or use of our Application], error information, clickstream data, and other communication data and there sources that you access and use on the Website [or in the Application]; and; Information about your computer, mobile device, and internet connection, specifically your IP address, operating system, [and] browser type [and Application version information].
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website [and Application] and to deliver a better and more personalized service by enabling us to: estimate our audience size and usage patterns; verify your location to ensure we can provide you with our services; store information about your preferences, allowing us to customize our Website [and our Application] according to your individual interests; recognize you when you return to our Website [and our Application].
The technologies we use for this automatic data collection may include: Cookies. A cookie is a small file placed on the hard drive of your computer or mobile device. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website [or use certain parts of our Application]. We presently do not honor “Do Not Track” requests across all parts of our Website[ and Application]. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website[ or use our Application]. Web Beacons. Pages of our the Website[, screens of our Application,] and our emails may contain small electronic files known as web beacons that permit [Company], for example, to count users who have visited those pages, used those screens, or opened an email and for other related website and application statistics (for example, recording the popularity of certain Website[ or Application] content and verifying system and server integrity). Analytics Tools. We use tools such as [Google Analytics] to collect certain information relating to your use of the Website and/or Application. Google Analytics uses “cookies”,which are text files placed on your computer or phone, to help us analyze how users use the Website. We may also use [Google Analytics Advertising Features] or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics, you can visit Google Analytics’ webpage and review its privacy practices at www.google.com/analytics/learn/privacy.html. You may prevent your data from being used by Google Analytics by installing the Google Analytics Opt-out BrowserAdd-on from https://tools.google.com/dlpage/gaoptout/.
3. How We Use Your Information
We may use information that we collect about you or that you provide to us as follows, subject to restrictions in applicable law: To provide you with the Website[ and Application] and full functionality on the Website [and Application]. To provide the Platform. For business analytics purposes. For our own marketing purposes. To provide customer support to you. For account and network security purposes. To maintain legal and regulatory compliance. To enforce compliance with our agreements and policies. To service your Member account. To notify you when Website [and Application] updates are available. To create de-identified information such as aggregate statistics relating to the use of theWebsite[ and Application]. To fulfill any other purpose for which you provide us Personal Data. In any other way we may describe when you provide the information. For any other purpose with your consent.
We also may use how you browse and shop to show you ads for Ownership. We may use cookies and other information to provide relevant interest-based advertising to you. Interest-based ads are ads presented to you based on your browsing behavior to provide you with ads more tailored to your interests.
4. Disclosure of Your Information
We may disclose Personal Data that we collect or you provide as follows, and if we provide services on the Platform as a business associate, subject to the health information restrictions in the Notice of Privacy Practices: to our subsidiaries and affiliates; to contractors and third-party service providers that we use to support our business and who are contractually bound to keep your Personal Data confidential; to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form; to comply with any court order, law, or legal process, including to respond to any government or regulatory request; if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Ownership, our customers, or others; for any other purpose disclosed by us when you provide the information; with your consent.
At times we may provide third parties with certain personal information to provide or improve our products and services, including to help us market to consumers.
5. Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data: Tracking Technologies and Advertising. You can set your browser or operating system to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website [or Application] may then be inaccessible or not function properly. Promotional Offers from Ownership. If you do not wish to have your email address used by Ownership to promote our own services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or logging onto your Account profile page. This opt-out does not apply to information provided to Ownership as a result of your use of our Platform. Targeted Advertising. We use or partner with ad networks that may use your browsing activity across participating websites to show you interest-based advertisements on those websites. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (www.aboutads.info and www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the Network Advertising Initiative on its website.
Access, Correction, and Deletion. You may request to access, correct, and/or delete your Personal Data that we hold by sending a request to skylor@ownershipbio.com. Please be aware that we may be required (by law or otherwise) to verify your identity before honoring your request. We may also be required (by law or otherwise) to keep such data and not delete it (or to retain it for a certain period of time, in which case it will be deleted after the required retention period). By deleting your Personal Data, we will remove it from active databases, however, it may remain in archives and we also may continue to use De-Identified Data (defined below) about your use of the Platform. If we have disclosed Personal Data to third parties as permitted under this Privacy Policy, we may no longer be able to access, or allow you to access, this data and/or be able to compel its deletion or modification by such party. After we delete Personal Data, we may retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy and applicable law.
6. Information You Share with Third Parties
This Privacy Policy applies only to information we collect through the Website [and Application] and by email, text and other electronic communications between you and our Website [or Application]. We do not control the collection and use of your information collected by any third parties, and are not responsible for the privacy practices of other sites. We encourage you to read their privacy policies.
7. De-Identified Data
We may create and use de-identified information, in which information is removed from yourPersonal Data so that you cannot be identified (“De-identified Data”), without restriction.
8. Data Security
We implement reasonable measures designed to secure your Personal Data from unauthorized access, use, alteration, and disclosure and from accidental loss, including by employing encryption technology for information sent and received by us.Nonetheless, no transmission of information over the internet can be completely secure. As a result, while we do our best to try to protect your Personal Data, we cannot guarantee the security of any information you transmit to us.9. Changes to Our Privacy PolicyWe may change this Privacy Policy at any time. We will post the revised Privacy Policy on this page with the last revised date identified at the top. [We also will present any significant updates to you before you next use the Application.] Continued use of our Website[, Application,] orPlatform following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10. Contact Information
If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at skylor@ownershipbio.com.
Terms & Conditions
These Terms of Service (“Terms”) govern your access to and use of the services provided by Blueprint Financial Technologies Inc, dba Ownership Bio, through the websites located at ownershipbio.com and other related websites and platforms (collectively, the “Site”) (collectively, “Ownership”, “we”, “us”, and the “Services”).
Please read these Terms carefully before using the Site or the Services. By accessing or using the Site, you agree to be bound by these Terms. If you are accepting these Terms for another person (“Family Member”) as such Family Member’s lawful guardian, conservator, or custodian, you agree to the terms, conditions, and notices contained or referenced herein on behalf of such Family Member. For purposes of these Terms, “you” means you on behalf of yourself and your Family Members.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THE FOLLOWING AGREEMENT AND ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, OWNERSHIP DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT ABIDE BY THE PROVISIONS OF THESE TERMS & CONDITIONS, EXCEPT AS WE MAY OTHERWISE PROVIDE FROM TIME TO TIME, YOU AGREE THAT WE MAY IMMEDIATELY DEACTIVATE OR DELETE YOUR USER ACCOUNT AND ALL RELATED INFORMATION AND FILES IN YOUR USER ACCOUNT AND/OR RESTRICT ANY FURTHER ACCESS TO SUCH INFORMATION AND/OR FILES, OR OUR SERVICES, WITH OR WITHOUT NOTICE.
Disclosures and Disclaimers
YOU UNDERSTAND THAT OWNERSHIP DOES NOT PROVIDE MEDICAL ADVICE AND WILL NOT PROVIDE A DIAGNOSIS, OR MEDICAL TREATMENT. IF YOU THINK YOU MAY HAVE A MEDICAL CONDITION OR ISSUE YOU AGREE TO CONSULT YOUR HEALTHCARE PROVIDER. YOU UNDERSTAND THAT THERE WILL BE NO PROVIDER-PATIENT RELATIONSHIP FORMED WITH SUPERHUMAN VIA YOUR USE OF THE SITE. OUR SERVICES ARE NOT A REPLACEMENT FOR PROFESSIONAL MEDICAL CARE. YOU SHOULD NOT DELAY TREATMENT OR ADVICE BY YOUR MEDICAL PROFESSIONAL BASED ON INFORMATION PROVIDED VIA THE SITE. YOU AGREE TO SEEK ADVICE FROM YOUR HEALTHCARE PROVIDER OR OTHERWISE SEEK ADVICE FROM A QUALIFIED HEALTHCARE PROFESSIONAL PRIOR TO USING OUR SITE AND SERVICES. YOU SHOULD NOT INTERPRET ANY INFORMATION PROVIDED THROUGH THE SITE, PROFESSIONAL(S), ORYOUR LABORATORY RESULTS AS A TREATMENT PLAN OR COURSE OF ACTION. PROFESSIONAL(S) WILL ONLY INTERPRET AND PROVIDE EDUCATION REGARDING YOUR LAB RESULTS AND WILL NOT TREAT YOU ORBE CONSIDERED YOUR TREATING PROVIDER.WE DO NOT HANDLE MEDICAL EMERGENCIES. IF YOU ARE CONCERNED THAT YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 9-1-1 IMMEDIATELY.
Ownership does not practice medicine or any other licensed profession and does not interfere with the practice of medicine or any other licensed profession by Professional(s) or other third parties. You understand that Ownership does not have any control over the Professional(s) and that we will not be liable for any actions or inactions performed by Professional(s) via the Site or otherwise. Ownership does not provide medical or phlebotomy services and will not perform your blood draws, but will provide you access to and coordinate with third parties like Cleveland Clinic, Quest Diagnostics, LabCorp, and GetLabs, all independently operated and unaffiliated company's that will have professional phlebotomists draw your blood. By using the Site and the services and providing Ownership with your desired location, you authorize us to request that third parties draw your blood from that location. You understand that Ownership does not have any control over the operations of these third parties and that we will not be liable for any actions or inactions performed by them. By using our Site and Services, you understand that the terms and conditions and privacy policy of these third parties will apply to services performed by these third parties. You understand that third parties will draw at least six vials of blood. You understand that laboratory testing requires obtaining a blood sample, which could result in bruising, hematoma, infection, light headedness, bleeding, fainting, and discomfort. You agree to consult with your medical provider in advance of using our services. Ownership does not own or operate a laboratory. All laboratory testing services will be performed by Cleveland Clinic, Labcorp or Quest Diagnostics, each of which is an independently owned and unaffiliated laboratory's. By using our Site and Services, you understand that the terms and conditions of the applicable laboratory apply to services performed by such laboratory. You understand that Ownership does not have any control over the operations of Cleveland Clinic, LabCorp or Quest Diagnostic. and that we will not be liable for any actions or inactions performed by Cleveland Clinic, LabCorp orQuest Diagnostic. By using our Site and Services, you understand that the terms and conditions and privacy policy of Cleveland Clinic, LabCorp and/or Quest Diagnostic will apply to services performed by such laboratory, as applicable. You understand that the process of viewing your laboratory results is irreversible, potentially life altering and might cause distress and anxiety. You agree that you will discuss whether it is appropriate to use our services with your medical professional in advance. You understand that by sharing your laboratory results with healthcare providers that such information may become part of your medical record and therefore accessible by other healthcare providers and insurance providers. The information set forth on ownershipbio.com, is not to be construed as medical advice or a substitute for professional medical care and is not intended to diagnose, treat, or cure any mental health or medical conditions. You understand that you should discuss any dietary changes or potential dietary supplements with your provider and should not discontinue any prescription medications without first consulting your provider.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU USE OUR SERVICES AND SITE AND RELY ON THE MATERIALS, DATA, CONTENT, AND INFORMATION YOU RECEIVE IN CONNECTION WITH OUR SERVICES AND SITE AT YOUR OWN RISK, AND SUPERPOWER DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING OUT OF AND/OR RELATING TO OUR SERVICES AND THE SITE, INCLUDING WITHOUT LIMITATION, YOUR INTERACTIONS WITH PROFESSIONAL(S), BLOOD DRAWS, LAB RESULTS, DIAGNOSTICS, AND OUR CONTENT.
Use of the Services by Children
Children (under 18 years of age) are not authorized to become Members and may not use the Services.
Use of the Services by Medicare Beneficiaries
Medicare beneficiaries are not authorized to become Members and may not use the Services.
User Agreement.
By using the Services, you accept these Terms & Conditions and agree to be legally bound and to abide by the terms, conditions, and notices contained or referenced herein, just as if you had signed them.
Changes to Terms & Conditions.
From time to time, we may, in our sole discretion, change, modify, supplement or remove portions of these Terms & Conditions (“Additional Terms”). Such Additional Terms shall become effective upon posting by the Company on the Platform, via the Service or sending you an email or other notification. You will be deemed to have agreed to such Additional Terms by your decision to continue accessing the Platform or otherwise using any of the Services following the date in which such Additional Terms become effective.
Modification of Services.
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services provided to you, including, but not limited to, (i) restricting the time the Services are available, (ii) restricting the amount of use permitted, (iii) restricting or terminating any user’s right to use the Services and (iv) changing any feature or functionality provided by the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Services.
FEES, RENEWAL, CANCELLATIONS & REFUND POLICIES
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor, Stripe) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (each, a “Transaction”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Transaction may be suspended or canceled. You must resolve any payment method problems before we proceed with your Transaction. If you want to change or update your payment method information, you can do so at any time by logging into your account or contacting us with your updated credentials. You acknowledge that the amount billed may vary due to promotional offers, preferences you select, or changes in applicable taxes or other charges, and you authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount. Applicable taxes, and other charges and fees incurred in order to access the Prime Services may also apply.
Subscription Policy
When you register for a subscription (“Subscription”), you expressly acknowledge and agree that (a) your Subscription automatically renews and Superhuman (or our third-party payment processor) is authorized to charge you on an annual basis for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription continues to automatically renew until you cancel it or we suspend or stop providing access to the Site in accordance with these Terms. Your Subscription type, current price, payment method, and next billing date will be confirmed in an acknowledgement email after you register. You will also receive a payment receipt each time your card on file is charged. When you register for an annual Subscription, you understand and agree that you are obligated to an initial one-year, non-cancellable period (“Non-Cancellable Period”). Effective after the Non-Cancellable Period, you may opt-out of any renewal annual Subscription at any time by contacting skylor@ownershipbio.com and requesting a cancellation of your renewal of your Subscription. We reserve the right to change Subscription prices or this Subscription Policy at any time in our sole discretion. If prices or material terms of this Subscription Auto Renewal Policy are changed, you will be notified by email prior to the change, and the change will not apply to any Subscriptions within the one-year minimum period.
No Refund Policy.
(i) All fees and charges assessed by Superhuman are non-refundable.
(ii) If you terminate your paid subscription for our Prime or Pro Service, your subscription will remain active until the end of your subscription period, and no subsequent charges will be processed.
Modifications. We reserve the right to revise the terms of the fee charge, cancellation and refund policies, upon reasonable advance notice communicated to you through a posting on the Website and/or Platform or such other means as we may deem appropriate from time to time (including electronic mail or conventional mail). Changes made may not apply to all memberships created or renewed after the date such change was implemented at Superhuman’s sole discretion, and you will be notified it they apply to you.
Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub licensable license to use the Site solely for your personal and non-commercial purposes. Your use of the Site must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Site. The following is a list of the type of actions that you may not engage in with respect to the Site or Services: You will not promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, harassing, hateful or otherwise objectionable behavior. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents; You will not interfere, access, tamper with or disrupt the Site or the servers or networks connected to the Services; You will not attempt to probe, scan or test the vulnerability of the Site or any of our systems or network or breach any security or authentication measures; You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent: You will not use the Site or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; You will not use the Site or content, or any portion thereof, if you are a past, present, or imminent competitor of us and/or using the Site or such content on their behalf. You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity; You will not use, display, "frame" or "mirror" any part of the Site, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; You will not collect or store any personal information, including personally identifiable information, from users without their express permission; You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Site; You will not record in any way the Site and/or the Services without our express written consent; You will not allow any other person to use your account, username or password to access the Site, unless otherwise permitted herein; and You will not assist or permit any person to engage in any of the activities described in this Section.
Consent to Electronic Communications
You agree that we may send the following to you by email or by posting them on the Site: legal disclosures; these Terms; Privacy Policy; future changes to any of the foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that we may contact you via email, phone, text, or mail regarding prospective Services. Text messages and emails are not always secure because they travel over networks that we do not own or control. You consent to receive such communications electronically. You agree to update our contact information to ensure accuracy. Your consent to conduct actions electronically covers all interactions between you and Ownership. You may opt out of certain types of electronic communications through your account or by following the unsubscribe instructions in any communication you receive from Ownership. Your withdrawal of consent will be effective within a reasonable time after we receive notice of your withdrawal. We will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – i.e., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by you. If you withdraw your consent to receive communications electronically, certain Services may become unavailable to you.
Intellectual Property Rights
Ownership and our licensors retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Site and the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names are owned by Superhuman or other respective owners.
DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office Website, currently located at https://www.copyright.gov. In accordance with the DMCA, Superpower has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to skylor@ownershipbio.com.
Links to Third Party Websites
The Site may contain links to other sites that are owned and operated by third parties. We are not responsible for the privacy and security practices or the content, advertising, products, services or other materials made available on or through any such linked sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of any kind by us. No Endorsements Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by Ownership.
Geographic Restrictions
Ownership makes no representation that all products, services and/or material described on the Site, or the Services available through the Site, are appropriate or available for use in all locations outside Canada or the United States or all states and territories within the United States and Canada.
ACCESS TO THE SITE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. OWNERSHIP DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE MATERIALS ON THIS SITE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPERHUMAN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, OWNERSHIP DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SUPERHUMAN MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
IN NO EVENT SHALL OWNERSHIP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LOSS OF PROFITS, LITIGATION, OR ANY OTHER PECUNIARY LOSS, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE ORTHE PROVISION OF OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS, GOODS, OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OWNERSHIP’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS IS LIMITED TO THE GREATER OF (1) $100 OR (2) THE FEES PAID TO USE THE RELEVANT SERVICES IN THE 12 MONTHS BEFORE THE DISPUTE.
Indemnity
To the extent allowed by applicable law, you will indemnify Ownership and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Services or violation of these Terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
Dispute Resolution
Any dispute, claim or controversy (that is not resolved informally as set forth below) between you and Superhuman and their agents, employees, officers, directors, principals, successors, assigns, subsidiaries, affiliates (collectively for purposes of this section,“Ownership Parties”) arising from or relating in any way to: (1) these Terms and their interpretation or the breach, termination or validity thereof, and the relationships which result from these Terms; (2) your use of any Site owned or operated by Ownership Parties; or (3) any products or services sold or distributed by Ownership Parties or through any website owned or operated by Ownership Parties (collectively, “Covered Disputes”) will be resolved by binding arbitration, rather than in court. Covered Disputes shall be interpreted broadly.
Mandatory Informal Dispute Resolution
Ownership Parties seek to resolve disputes informally where possible. Before formally pursuing a Covered Dispute in arbitration, you agree to first send a detailed notice (“Notice”) to Ownership Parties by email at skylor@ownershipbio.com. Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; and (3) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking. You must personally sign this Notice. You and Ownership Parties agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Ownership Parties request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or Ownership Parties. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.Initiating Arbitration and Arbitration Rules Any arbitration between you and SuperhumanParties shall be administered by National Arbitration and Mediation (“NAM”) in accordance with NAM’s operative Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”) in effect at the time any demand for arbitration is filed with NAM, as modified by this Legal Disputes Section. For a copy of the NAM Rules, please visit https://www.namadr.com/resources/rules-fees-forms or contact NAM atNAM’s National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 and email address commercial@namadr.com. If NAM is unavailable or unwilling to administer the proceeding under the Legal Disputes Section as written, the parties agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) pursuant to the AAAConsumer Arbitration Rules and the Consumer Due Process Protocol (collectively, “AAARules”) in effect at the time any demand for arbitration is filed with AAA, as modified by this Legal Disputes Section. If the AAA is unavailable or unwilling to apply this Legal DisputesSection as written, the parties shall mutually agree on an alternative administrator that will administer the proceeding under the Legal Disputes Section as written. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator. Arbitration FeesPayment of all filing, administration and arbitrator fees will be governed by the NAM Rules (or the AAA Rules should AAA be the designated administrator as set forth above). Upon a showing of financial hardship, Superpower Parties will consider your request to promptly reimburse your portion of the arbitration fees provided for in the NAM (or AAA) Rules.
Arbitration Authority
The arbitrator has the sole authority to and shall address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between us.There is no judge or jury in arbitration, and court review of an arbitration award is limited.However, an arbitrator can award on an individual basis the same damages and relief as a court(including injunctive and declaratory relief or statutory damages) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the proceeding. The arbitrator is bound by and must follow the terms of these Terms as a court would. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to address the essential findings and conclusions of law on which the award is based. The arbitration award shall be binding only between you and SuperhumanParties (as defined above) and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different individuals. The arbitrator may award fees and costs as provided by the NAM Rules (or the AAA Rules if AAA is the designated administrator as setforth above) or to the extent such fees and costs could be awarded in court or if the arbitrator determines that a claim, proceeding, or defense was frivolous or brought for harassment, for an improper purpose, or in bad faith. The arbitrator shall apply the provisions of Federal Rule of Civil Procedure 68 after entry of the award. Sole Exceptions to Arbitration Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Ownership Parties may elect to have an individual claim heard in small claims court consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction; and (2)you agree that you or Ownership Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Jury Trial and Class Action WaiverExcept as the Terms of Use otherwise provide and to the fullest extent permitted by law, you, Ownership Parties acknowledge and agree that you are each waiving the right to atrial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Ownership Parties may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity. As referenced above, the arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim. If a court determines that this class action waiver is not enforceable as to a particular claim or request for relief and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief shall proceed in court but shall be stayed pending arbitration of the remaining claims.
Governing Law
You and Ownership Parties agree that any claim between us involves commerce under, and is governed exclusively by, the Federal Arbitration Act (“FAA”) and federal law, and not by any state or local laws, or the laws of other countries, concerning or purporting to place limits on the availability or scope of arbitration or in any way imposing requirements beyond or inconsistent with those set forth in the FAA. Where otherwise applicable, the laws of the state of Delaware apply. Should any action proceed in court (other than in small claims court), you consent to the exclusive jurisdiction of the federal and state courts of the state of Delaware.
General Provisions
These Terms make up the entire agreement relating to your use of the Services and supersede all prior agreements relating to the subject matter hereof. We may change, suspend, or discontinue any of the Services at any time. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. These Terms do not confer any third-party beneficiary rights. You may not transfer any of your rights or obligations under theseTerms to anyone else without our consent. Ownership may assign our rights in connection wit ha merger, acquisition, or sale of assets, or by operation of law or otherwise. No delay or omission by Ownership to exercise any right or power it has under these Terms shall impair any such right or power or be construed as a waiver of any succeeding breach. Any waivers by Ownership must be in writing and signed by an authorized representative of Ownership. This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as assigned agreement. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Site and the Services. You should know that we can, but are not obligated to, use yourFeedback without restriction or any obligation to compensate you, and aside from the laws governing the confidentiality of healthcare information, we have no obligation to keep them confidential Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination. You represent that no promise, inducement, or agreement not expressed herein has been made tome to sign this agreement.
Changes
Ownership reserves the right to modify this statement at any time. Any changes to this Privacy Policy will be listed in this section, and if such changes are material, a notice will be included on the homepage of the web site for a period of time. If you have any questions about these Terms, please contact us via email at skylor@ownershipbio.com.
