Let’s face it – the internet is awesome. Many of us can barely remember life before we had this amazing tool and we all but panic when we cannot get access to it. But as great as it is, it can also be dangerous since it’s so anonymous and allows anyone to log on and pretend to be someone they're not. Following these simple tips will ensure that you have an enjoyable and safe experience.
1. Never give out your personal information online
Would you tell a stranger who you are and where you live? No way! Well chatting online is just like talking to strangers (except online, you can't even SEE them!) So, as a rule, never give anyone your whole name, address or phone number on the internet, in email, in an instant message or in a chat room. If you know your Social Security Number or credit card or bank account number, definitely do not give those out either. And while you're at it, don't post anyone else's information, and be careful telling other people online the name of your school, sports team or favorite places to hang out. That information is yours and we want to keep it that way.
2. Don't use your real name in your screen name
And while you're at it, don't include your age or your hometown either. You may think your screen name is super creative, but if it says too much about you, people you don't know can find out more about you then you think.
3. Keep your password to yourself
Giving out your password is like giving your brother or sister the key to your room. Would you want them in there checking out all of your stuff whenever they feel like it? Of course not! And the same goes for your personal stuff online.
4. Read the rules and privacy options for websites that let you connect with others online
We mean really read them from start to finish. We know they can be dry and boring but they are there for your protection. Some sites only let certain people who have registered read posts, chat and look at other users' webpages. Others let anyone who come to the site check out everything. No matter which kind of site you're on, find out if you can restrict your information so that it can only be seen by the people you choose.
5. Only share stuff online that you don't mind anyone seeing
Anyone can use the internet and most people do. That includes your parents, your friends' parents, your teachers, and the creepy guy who lives down the street or works at the supermarket. If you want private info to stay private, don't post it online.
6. Once you post something online, it stays online
You can delete something you've typed or posted from a site, but people can get to older versions of that site where your info still exists. If you're not sure you should say something on the internet, then don’t do it. It’s there forever.
7. Don't download anything if you don't know who it's from
Downloads can give your computer viruses, mess up your applications and even cause your email server to send messages with your name on them to people you don't know. You can set the preferences on your computer to warn you about downloads before it opens them. So stop and think before you download anything you're not sure of. You don't know where that thing has been.
8. Keep your online friendships online
There are all kinds of cool people using the internet. But there's no way of keeping the creeps out. If someone you met online wants to meet you in person, tell your parents or another responsible adult. If you do end up meeting face-to-face bring a parent or another trusted adult with you.
9. If you feel unsafe or threatened, tell an adult
If someone or something online is making you uncomfortable, tell a parent, a teacher or another adult you trust. Don’t be ashamed or embarrassed to tell them. This is for your own safety. Ask the adult to help you report the incident to the website, or if necessary to the police. Your actions might end up helping a lot of other people too.
LAST UPDATED: 4/10/2016
Our readers’ and supporters’ privacy is important to us, and we recognize the need to provide additional privacy protection for children on TheSuperSustainables.com permitting such visitors. Our privacy practices are guided by the United States' Children's Online Privacy Protection Act of 1998, as well as data privacy laws in the United States and other applicable countries. Younger visitors should always check with their parents or guardians before entering information on any website or mobile application and we encourage families to discuss their household rules for internet use and sharing personal information online.
WHO WE ARE
The Super Sustainables were brought to life at GY Creative Studio in Santa Monica, California. If you have any questions about our information handling practices, including our practices with respect to children's personal information, please contact us at:
GY Creative Studio,
Santa Monica, CA.
Or email us at: firstname.lastname@example.org.
WHAT INFORMATION WE COLLECT
The Super Sustainables collect only the information that is reasonably necessary for the activities available on the particular website. In general, we collect three types of information:
1. Information that you actively give to us (for example, during registration, sweepstakes, purchases or content submissions) which usually includes Name, Address, Email, Phone Number and Date of Birth.
2. Information we automatically collect about your computer or wireless devices (such as your IP address, cookie ID, and other unique device identifiers); and
3. Information we collect from third parties, including through your registered third-party social media providers.
HOW WE SECURE YOUR INFORMATION
We store your information using reasonable security precautions and for only as long as we think reasonably necessary. Despite such precautions, there is always a chance that someone may impermissibly access your information. If you think a third party has accessed your information, please contact us immediately at email@example.com.
HOW WE USE YOUR INFORMATION
In general, the information we collect may be used to respond to your requests; enable you to take advantage of the Super Sustainables features and services; personalize your experience and the advertising you see; send you special offers and promotions from the Super Sustainables, and on behalf of third-parties whose products or services might be of interest to you; measure analytics; and manage and improve the services available on this website.
For more detailed information regarding how we use such information, please email us at firstname.lastname@example.org.
INFORMATION WE SHARE WITH OUR THIRD PARTY FRIENDS
Depending upon the circumstances, we may share collected information with (a) law enforcement or others as needed to protect or defend our rights and the rights of others; (b) third parties we hire to handle certain activities; (c) advertisers or third parties with whom we may partner to provide you additional content, products or services; (d) business partners who sponsor a sweepstakes or contest or who jointly offer a service or feature on TheSuperSustainables.com; (e) in the event of a corporate transaction; and (f) otherwise with your consent.
For more detailed information regarding how we use such information, please email us at email@example.com.
HOW YOU CAN CONTROL YOUR INFORMATION.
You have the right to access, update and correct factual inaccuracies in any personally identifiable information we collect about you. You can stop the delivery of commercial e-mail messages from the Super Sustainables by following the instructions in e-mails you receive.
You may have choices about the use of your information by third parties wishing to deliver certain targeted advertising to you.
Parents and guardians can review any personally identifiable information collected about their children and request that such information be deleted and/or that no further information be collected. You can reach us at firstname.lastname@example.org.
This is where we all need to put on our thinking caps and dust off our legalese. It's just so everybody knows the rules for The Super Sustainables on the Web. Be sure to get your parents to review and discuss these rules with you:
1 All the toys, videos and games here are just for you to play with. You can't sell them, give them to anyone, or pretend you made them. You can't do anything EXCEPT play and have fun with them, unless you ask us first and we say it's OK. Kind of like playing with your big sister's toys, right?
2 If you see something you don't like, remember that all the stuff on the message boards comes straight from other kids, not from someone at The Super Sustainables. We wouldn't tell kids what to say, because kids have minds of their own! But if someone posts nasty messages, we'll do our best to take care of it ASAP. We all want TheSuperSustainables.com to be a positive and fun place to hang out. Bullying and any other form of harassment will not be tolerated by anyone! Please let us know if you see something harmful at email@example.com.
3 If you write something that catches our eye on a message board or in a comment, we might want to use it on the site. By posting your thoughts and getting your parent's permission to do so, you and your parents are telling us it's ok to repeat what you say. It's even ok to put it in an advertisement. It means we can use it in any way we want, anywhere, until the end of time. And wouldn't it be cool if we used something YOU said until the end of time?
Remember to ALWAYS check with your parents before you send anything to us. After all, they’ll be proud of you and want to show all your friends and relatives.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, and other copyrightable or otherwise legally protectable elements of the Site, and the selection, sequence, "look and feel" and arrangements thereof, and trademarks, service marks and trade names (individually and collectively, the "Material") are the property of THE SUPER SUSTAINABLES and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Except as otherwise specifically noted on this Site or in connection with any particular Material, THE SUPER SUSTAINABLES hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for your noncommercial and personal use only, one copy of any Material and/or software that you may print or download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain (without alteration) all copyright and other notices contained in such Material and software. You further agree that where specifically noted on this Site or in connection with any Material or software, you will use such Material or software, as the case may be, in accordance with such specific terms and instructions. You acknowledge and agree that you may not sublicense, sell, assign, lease or otherwise transfer this license or any Material and that no title to the Material has been or will be transferred to you from THE SUPER SUSTAINABLES or anyone else. You agree not to reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of THE SUPER SUSTAINABLES. Use of THE SUPER SUSTAINABLES' and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited. All rights not expressly granted herein are reserved. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
TEXT MESSAGING MARKETING AND PROMOTIONS
If you register for the Text Services, you acknowledge, understand and agree that you may be charged by your wireless carrier for the ability to send or receive all such messages. The standard messaging rates of your wireless carrier shall apply to all Text Services, unless noted otherwise. Under no circumstances shall THE SUPER SUSTAINABLES be responsible for any wireless service charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. If you change or deactivate your wireless telephone number, you agree to notify us when your wireless telephone number is no longer associated with you and identify such wireless phone number to ensure that future messages directed to you are not sent to the person to whom your old number has been or will be assigned.
You understand, acknowledge and agree that we may, at our sole discretion and without liability to you or any user, terminate our offer of any specific Text Service or all Text Services at any time without advance notice. THE SUPER SUSTAINABLES may provide notice of terminations or changes in services on this site.
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas and opinions (the "Postings"), please be advised that Postings do not necessarily reflect the views of THE SUPER SUSTAINABLES. In no event shall THE SUPER SUSTAINABLES assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize THE SUPER SUSTAINABLES to use, and authorize others to use, your Postings in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, THE SUPER SUSTAINABLES will have the right to use and change the Postings in any manner that THE SUPER SUSTAINABLES may determine. Additionally, THE SUPER SUSTAINABLES may sweep its message boards and/or comments periodically in its sole discretion. THE SUPER SUSTAINABLES does not allow Postings which contain:
The message boards and comments may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although THE SUPER SUSTAINABLES periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, THE SUPER SUSTAINABLES will make every effort to ensure that the message boards and comments best serve the interests of all users and, therefore, THE SUPER SUSTAINABLES reserves the right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy) please send us a message about it to firstname.lastname@example.org (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Registered users of this Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Site that they themselves post by emailing us at email@example.com. All requests must be labeled "REGARDING: California Removal Request" on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username and the name and URL (if applicable) of the website, application or other interactive service. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
You may use this Site only for lawful, non-commercial purposes. You may not submit or transmit through this Site (whether via message boards, comments or otherwise) any material, or otherwise engage in any conduct, that:
1. Violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. VInvolves uploading, posting, emailing, transmitting or otherwise making available any Postings that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
3. VIs unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, pornographic, vulgar, profane, obscene, or transmits any information or data that THE SUPER SUSTAINABLES deems in its sole discretion to be inappropriate for this Site;
4. VVictimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
5. VContains any personally identifiable information, or other information which might be used to identify or locate a user;
6. VHarms minors in any way;
7. VImpersonates any person, business or entity, including THE SUPER SUSTAINABLES or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
8. VInvolves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Postings transmitted through this Site;
9. VContains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
10. VDisrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Network are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
11. VInstigates or encourages others to commit illegal activities or cause injury or property damage to any person;
12. VOtherwise interferes with the use or enjoyment of this Site by others;
13. VEncourages conduct that would constitute a criminal offense or that gives rise to civil liability;
14. VIs intended to promote and/or generate revenue for any third party business activity; or
CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES
THE SUPER SUSTAINABLES offers certain e-commerce services including the ability to purchase goods and services via TheSuperSustainables.com or other third party e-commerce sites (each an "E-Commerce Service and collectively the "E-Commerce Services"). Additional terms apply to your use and access of these E-Commerce Services and such Additional Terms are incorporated herein by reference.
Some of the E-Commerce Services utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. Additional information regarding the Super Sustainables’ third party service providers can be found here. THE SUPER SUSTAINABLES is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties. THE SUPER SUSTAINABLES does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any such third party, and you irrevocably waive any claim against us with respect to such sites. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on the official Super Sustainables website (TheSuperSustainables.com). We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party service provider as those are owned and operated by independent entities. Customer service issues related to goods or services should be directed to the relevant third party service provider/
THE SUPER SUSTAINABLES does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates' endorsement of such products. Furthermore, customer reviews seen on TheSuperSustainables.com are provided by Amazon.com users and are subject to Amazon.com's own community guidelines. THE SUPER SUSTAINABLES and its third party service providers reserve the right, with or without prior notice, to change product descriptions, images, and references; to limit the available quantity of any product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from conducting any or all transaction(s); and/or to refuse to provide any user with any product. Price and availability of any product are subject to change without notice.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SUPER SUSTAINABLES DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SUPER SUSTAINABLES IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SUPER SUSTAINABLES, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE SUPER SUSTAINABLES OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE SUPER SUSTAINABLES' LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser, as the case may be. You agree that THE SUPER SUSTAINABLES shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers on this Site
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by THE SUPER SUSTAINABLES, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and THE SUPER SUSTAINABLES does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, THE SUPER SUSTAINABLES is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither THE SUPER SUSTAINABLES nor its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, THE SUPER SUSTAINABLES will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.s
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that affect how the Site works. When we find them on our end, we will do our best to promptly fix them. Unfortunately, your home computer may cause some glitches that affect how you see our Site--and that is beyond our control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware-short for MALicious softWARE-is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at firstname.lastname@example.org.
TERMINATION OR SUSPENSION OF ACCESS; MODIFICATION TO SITE
ELECTRONIC DELIVERY POLICY
By using this Site, you agree that we may provide to you required notices, agreements and other information concerning the Site electronically by posting on the home page of this Site or on the relevant web page.
RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
See our FAQs for more information.
2. Informal Dispute Resolution. Except with respect to Claims described in Sub-section 1(B) above, before either you or TSS pursue or participate in any Claim against the other party in arbitration or court proceedings, you or TSS must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to TSS at Santa Monica, CA, Attention: Super Sustainables General Counsel. TSS may send written or electronic notice of its Claim to your email address, TSS account or any physical or other address TSS has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. Except with respect to Claims described in Sub-section 1(B) above, you and TSS agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and TSS do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in this Section of the Agreement or court as permitted by Sub-section 1 above.
3. Arbitration Proceedings and Costs. Any arbitration will be administered by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules (the "AAA Rules"), as modified by this Agreement. The AAA Rules, and other information about the AAA, are available at the AAA's website at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's website (see Demand for Arbitration at https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820 and, for arbitrations in California, https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822, but contact the AAA if you have issues accessing these links) and arbitration proceedings shall be initiated in the location described in "GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, JURISDICTION AND JURY TRIAL WAIVER" below. As required by the AAA Rules, if you initiate the arbitration proceedings, you must send the original copy of the completed form to TSS, which should be sent to TSS at the following address: Santa Monica, CA, Attention: Super Sustainables General Counsel. If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. In all cases, you and TSS shall exchange documents and other information that you or TSS intend to use in the arbitration. Upon filing of an arbitration demand for Claims up to $75,000, TSS will reimburse you for all necessary filing, administration and arbitrator fees paid by you to the AAA or, if you wish TSS to pay such fees directly to the AAA, you must request payment of such fees by TSS by mail to the AAA along with your form initiating arbitration and TSS will make arrangements to pay such fees directly to the AAA. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse TSS for all fees associated with the arbitration paid by TSS on your behalf. You agree that TSS shall have no obligation to pay any other fees except as determined by the arbitrator. For Claims that total more than $75,000, the AAA Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.
4. Class Action Waiver. UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN SUB-SECTION 5), YOU AND TSS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and TSS expressly agree that any Claim is personal to you and TSS, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Sub-section 1 of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in Sub-section 1 of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Sub-section 1 of this Agreement), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and TSS, then this Agreement to arbitrate will be unenforceable. Neither you nor TSS consent to class arbitration.
5. Right to Opt Out of Mandatory Arbitration and Class Action Waiver. IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SUB-SECTIONS 1, 3 AND 4, YOU MUST NOTIFY TSS IN WRITING (THE "Arbitration/Class Action Waiver Opt-Out Notice"), WHERE THE ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(a) Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to The Super Sustainables, Santa Monica, CA, Attention: Legal Dept.
(b) Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than (A), if you register as a new registered user of the Site on or after 2/9/2016 ("Agreement to Arbitrate Date"), 45 days after the date you accept this Agreement for the first time, unless an earlier deadline in Sub-section 5.2(C) applies, (B), if you are already a registered user of the Site before the Agreement to Arbitrate Date, 45 days after the earlier of either (I) your first log in to the Site on or after the Agreement to Arbitrate Date or (II) the date which email notice of the Agreement containing this Section of the Agreement, if any, was sent to the email address associated with your user registration, unless an earlier deadline in Sub-section 5.2(C) applies or (C) for all other users of the Site, 45 days after you accept this Agreement for the first time on or after the Agreement to Arbitrate Date, unless a longer period is required by applicable law.
Time Periods Applicable to Users of Multiple TSS Websites, Applications or Other Interactive Services. If you are or become a user of more than one TSS website, application or other interactive service, you must provide the Arbitration/Class Action Waiver Opt-Out Notice within the earliest deadline applicable for any TSS website, application or other interactive service for which you are or become a user (for example, if the Agreement to Arbitrate Date is August 1 and if you are a pre-existing registered user of a TSS website prior to August 1 who logins on August 1 and registers as a new registered user of another TSS website on August 15, you must provide the Arbitration/Class Action Waiver Opt-Out Notice by September 15 (45 days after August 1 and not 45 days after August 15).
(c) Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the TSS website(s), application(s) or other interactive services(s) along with an identification of the TSS website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
(d) Includes a statement that you do not agree to the mandatory arbitration and class action waiver.
If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Sub-section 1, Sub-section 3 and Sub-section 4 with respect to all TSS websites, applications or other interactive services (including, but not limited to, those owned, operated and/or provided by The Super Sustainables and the corporate affiliates that The Super Sustainables. directly or indirectly owns or controls such as those described in the link here). Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.
If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Sub-section 1, Sub-section 3 and Sub-section 4.
GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, AND JURY TRIAL WAIVER
With the exception of the provision above that the enforceability of "RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS" above is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of New York (without regard to that state's conflict of laws rules).
You or TSS shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) TSS may request to transfer the arbitration to Los Angeles County, California if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Los Angeles County, California or (ii) if you do not agree to such request, TSS shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and TSS agree that any Claim that is allowed to proceed in court as set forth in Sub-section 1 of "RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS" above (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the County of Los Angeles, State of California.
To the extent it may be applicable, you and TSS agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, YOU AND TSS WAIVE ANY RIGHT TO A JURY TRIAL.
THE SUPER SUSTAINABLES operates and controls this Site from its offices at Santa Monica, California, United States of America. This Site is intended exclusively for residents of the United States. We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the United States, you do so of your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is THE SUPER SUSTAINABLES responsible for ensuring that the Site is in compliance with the local laws of jurisdictions outside the United States. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.