Reservation Terms and Conditions
IMPORTANT - PLEASE READ CAREFULLY: THESE TERMS AND CONDITIONS (THE “TERMS”) CONSTITUE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SUPER73, INC., A DELAWARE CORPORATION (“SUPER73”, “US,” “OUR” OR “WE”), AND APPLIES TO YOUR RESERVATION FOR THE SUPER73-C1X (THE “C1X”). IF YOU DO NOT ACCEPT ANY OF THESE TERMS, PLEASE DO NOT PLACE A RESERVATION FOR THE C1X.
By reserving the C1X and paying the deposit of $73 (the “Deposit”), you hereby agree to these Terms in their entirety. By agreeing to these Terms, you (i) acknowledge and understand that you have reviewed and agreed to the Class Action Waiver detailed in these Terms, and (ii) confirm that you are at least 18 years of age, or otherwise have the consent of a parent or legal guardian to agree to the Terms.
WE RESERVE THE RIGHT TO MODIFY THESE TERMS AT ANY TIME, AND EACH SUCH MODIFICATION SHALL BE EFFECTIVE UPON POSTING ON OUR WEBSITE. ALL MATERIAL MODIFICATIONS WILL APPLY PROSPECTIVELY ONLY. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE REMEDY AND RECOURSE IS TO CANCEL THE RESERVATION AND RECEIVE A REFUND OF THE DEPOSIT.
Reservation Process and Changes
By reserving a C1X and providing the Deposit, you agree to provide full payment of the purchase price and take delivery of the C1X once Super73 notifies you that it has been built and is ready to be delivered to you. Your Deposit will place you in line for receiving the C1X at a time to be determined by Super73 in its sole discretion. The features, specifications, design and/or configuration of the C1X may change prior to production. You can cancel your reservation at any time prior to completing your purchase and seek a refund of the Deposit by providing a cancellation notice to Super73, and we will use reasonable efforts to refund the Deposit in a timely manner.
Once the C1X that you reserved has been built and is ready to be delivered, we will reach out to you by sending an email to the email address that you provided requesting payment of the purchase price. Once payment of the purchase price is received by Super73, the C1X will be delivered to you, subject to our standard terms and conditions of sale. If we do not receive your payment in full within a reasonable period of time, we may extend a purchase invitation to the next person on the reservations list. If you are unable to pay the full purchase price or if you otherwise cancel your reservation, you will be entitled to a full refund of your Deposit, but you will not be entitled to receive a C1X.
We will aim to serve you based on your reservation date, but we reserve the right to re-sequence reservations based on available production details at the time.
In summary, by providing your Deposit at the time of your reservation, you understand that Super73 may not have completed the development of the C1X, finalized the design of the C1X or begun manufacturing the C1X. We do not guarantee if or when the C1X will actually be manufactured or delivered. Your delivery date is dependent on many factors, including the C1X’s conﬁguration and our manufacturing availability. You also understand that you will not receive the C1X unless and until you provide full payment of the purchase price.
Payments may be declined or returned to you, in Super73’s sole discretion, for any reason or no reason at all. If we accept your Deposit for a C1X, your account, credit card, or other payment mechanism will be charged for the Deposit upon approval by Super73 regardless of when the product is expected to ship. If any credit card chargeback of any amount is issued on your reservation, your place in the queue for receiving the C1X will be paused until the chargeback has been resolved. Any applicable taxes (including sales tax) will be collected on reservations where such taxes are required to be collected.
No Resale and Our Cancellation Rights.
Super73 and our aﬃliates and distributors sell Super73 products directly to end-consumers, and we may unilaterally cancel any reservation that we believe has been made with a view toward resale of the C1X or that has otherwise been made in bad faith. We may also unilaterally cancel your reservation and refund your Deposit if we discontinue the C1X or any of its features or options after the time you place your reservation or if we determine that you are acting in bad faith.
We offer limited warranties on our products. Unless otherwise communicated to you in writing by us, the C1X will be sold to you subject to our standard product warranty applicable to this product. EXCEPT FOR THE LIMITED WARRANTIES, THE C1X IS SOLD ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SUPER73 DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE.
Liability and Limitation of Remedies
IN NO EVENT SHALL SUPER73 OR ANY OF ITS AFFILIATES, LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU AGREE AND UNDERSTAND THAT YOUR SOLE AND EXCLUSIVE REMEDY, AND SUPER73’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY AND ALL CLAIMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS WILL BE LIMITED TO THE REFUND OF YOUR DEPOSIT.
Dispute Resolution and Class Action Waiver
Governing Law. The parties acknowledge and agree that these Terms shall in all respects be interpreted, enforced and governed by the laws of the State of California applicable to instruments, persons and transactions which have legal contacts and relationships solely with the State of California and the laws of the United States of America. The parties exclude in its entirety the application to the order of the United Nations Convention on Contracts for the International Sale of goods.
Choice of Forum. Each party irrevocably and unconditionally agrees that it shall not commence any action, litigation or proceeding of any kind whatsoever against the other party in any way arising from or relating to these Terms, including all exhibits, schedules, attachments and appendices attached hereto and thereto, and all contemplated transactions, including contract, equity, tort, fraud and statutory claims, in any forum other than United States District Court for the Central District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Orange County, and any appellate court from any thereof. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation or proceeding only in United States District Court for the Central District of California or, if such court does not have subject matter jurisdiction, the courts of the State of California sitting in Orange County. Each party agrees that a final judgment in any such action, litigation or proceeding is conclusive and may be enforced in other jurisdictions by any manner provided by applicable laws.
THE PARTIES WAIVE THEIR RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTIVITY ARISING UNDER OR RELATED TO THESE TERMS OR THE RESERVATION.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SUPER73 AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SUPER73 AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE COURT MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Notices and Communications
Super73 will provide any notices (including legal process) that it may be required to give you by any lawful method, including by making notices available through our website or by sending notices to any email address that you provide to Super73. Super73 will also communicate with you about your reservation and send you updates, surveys and other information about Super73 products via the email address that you provide. If you’d prefer not to receive certain emails from Super73 click the unsubscribe link in an email and unsubscribe.
Please note that if you do not (i) provide Super73 with current and accurate contact information and/or (ii) subsequently provide any updated contact information to Super73, we may not be able to contact you about your reservation.
You agree to send all notices under these Terms to Super73 by emailing them to email@example.com.
Assignment. Nothing in these Terms may be assigned by you without the prior written consent of Super73. These Terms shall bind and inure to the benefit of Super73’s assigns and successors, including, without limitation, any entity with which or into which Super73 shall merge or consolidate.
Severability. In the event one or more of the terms of this Agreement are adjudicated invalid, illegal, or unenforceable, the adjudicating body may either interpret these Terms as if such terms had not been included, or may reform such terms to the limited extent necessary to make them valid, legal or enforceable, consistent with the economic and legal incentives underlying the Terms.
Excuse of Super73’s Performance. Super73’s performance hereunder shall be excused if rendered impossible or “impractical.” “Impractical” shall have the same general meaning as in Section 2615 of the California Commercial Code.
Waiver. Super73’s failure to enforce at any time any of these Terms, to exercise any election or option provided herein, or to require at any time performance by you of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of the reservation or any part thereof, or the right of Super73 thereafter to enforce each and every such provision.
Questions? Concerns? Suggestions? Please contact us at firstname.lastname@example.org to report any violations of these Terms or if you have any questions regarding these Terms.