TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
If you are using the SPIN website on behalf of a company, organization, or any legal entity, then you represent that you have the legal authority to bind such organization or legal entity to these Terms and Conditions.
To use this website, you must have a computer or other communication device equipped with a modem or other secure Internet access device. You are responsible for the selection, installation, maintenance, and operation of your computer, devices, or software. SPIN is not responsible for any errors, failures, or malfunctions of your computer or software or for any malicious software when accessing our website. You are responsible for ensuring that your computer and software are compatible with this website. The Company reserves the right to change the system requirements for using this website.
PROPRIETARY RIGHTS AND LICENSE TO USE WEBSITE
Unless otherwise stated in this website, SPIN owns the intellectual property rights in the website and material on the website, including, but not limited to authorship, design, text, images, software, graphics, videos, messages, or other material. All such content is protected by copyright, trademark, and other forms of proprietary rights. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
You agree that you will not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You agree that you will not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You agree that you will not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without SPINs express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without SPIN's express written consent.
You agree that you will not use this website in any manner that could damage or overburden the website or any equipment or software of SPIN. You must not post, transmit or otherwise make available any materials through or in connection with the website that may be illegal, damaging, or objectionable to SPIN; or use the website in any manner that may be illegal, damaging, or objectionable to SPIN. Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
Additionally, prohibited activities by the user include, without limitation:
- Upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public without SPIN's written permission;
- Reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose;
- Edit or otherwise modify any material on the website;
- Redistribute material from this website, except for content specifically and expressly made available for redistribution;
- Harvesting or collecting information about users of the website;
- Obtaining, or attempting to obtain, access to any content, material or information on this website that is protected by passwords, personal identification numbers or other required login identification through any means not expressly authorized by SPIN or that otherwise pertains to any person who has not authorized you to access or attempt to access the information;
- Interfering with or disrupting the operation of the website or the servers or networks used to make the website available;
- Exploiting any portion of (or using) the website except as expressly authorized herein;
- Reverse engineering, decompiling, or disassembling any portion of the website, except where such restriction is expressly prohibited by applicable law;
- Using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather content of the website, or reproduce or circumvent the navigational structure or presentation of the website;
- Interfere with or disrupt the service or servers or networks connected to the website;
- Collect or store personal data about other users; and
- Contact any other user with the intent to defraud.
RESTRICTED ACCESS; USER AMES AND PASSWORDS
Access to certain areas of this website may be restricted and accessible only through a process of registration. SPIN reserves the right to restrict access to areas of this website or the entire website at its discretion. Unauthorized access or use of such portions of the website is strictly prohibited. If SPIN provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. SPIN may disable your user ID and password in ABC's sole discretion without notice or explanation. You must promptly notify the Company of any confidentiality breach or unauthorized use of your username or password, or your account. The Company is authorized to act on instructions received under your password without any requirement to validate or question those instructions. SPIN may, at its sole discretion, deny access or block any transaction made under your password without prior notice if SPIN believes your credentials have been compromised in any way, or if any unauthorized access to your personal information has occurred or may occur, or for any other reason.
This website may have features allowing you to upload or otherwise transmit messages, text, data, documents, images or photos, audio, video, or other material ("Uploaded Content"). By providing Uploaded Content, you grant SPIN a royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, sell, and display the Uploaded Content worldwide and to incorporate it into other works in any form. You agree that SPIN may add the Uploaded Content to applicable policy or claim files, incorporate the Uploaded Content therein, and make any use or disclosure of the Uploaded Content that the Company deems appropriate.
SPIN reserves the right to edit or remove any Uploaded Content from its website at any time without prior notice to you. Uploaded Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or SPIN or a third party (in each case under any applicable law). You must not submit any Uploaded Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Notwithstanding SPIN's rights under these terms and conditions in relation to Uploaded Content, SPIN does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
PROHIBITED SUBMISSIONS; NOT FOR SERVICE OF PROCESS
You may not use the website to purport to serve or otherwise transmit information related to pending litigation or the initiation of litigation, whether involving SPIN or any of its affiliates and whether the litigation is first-party or third-party litigation. SPIN and its affiliates do not consent to service of process or otherwise to delivery of information related to litigation or the intent to initiate litigation through its website(s). Without limitation, this means the website cannot be used to serve any notice of intent to initiate litigation pursuant to F.S. 627.70152, complaint, petition, or other form of lawsuit, nor any discovery, motion, subpoena, or other legal document. Any such document(s) purported to be served or provided through the website will not be considered served or received even if the website indicates the documents were successfully uploaded. You acknowledge and agree these requirements and limitations are necessary and appropriate for SPIN's timely and efficient administration of claims and are a condition of using the website.
This website is provided to you "as is" without any representations or warranties, express or implied. SPIN makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, SPIN does not warrant that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
NEITHER SPIN NOR ANY OF ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS OR THIRD-PARTY SERVICE PROVIDERS WILL BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE ELSE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, INCOME, PROFITS LOSS OF CONTRACTS OR BUSINESS RELATIONS, LOSS OF REPUTATION OR GOODWILL, LOSS OR CORRUPTION OF INFORMATION OR DATA, OR USE OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), DISRUPTION OF WEBSITE SERVICES, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, SPIN WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY PRODUCTS OR THIRD-PARTY PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ANY PRODUCTS OR THIRD-PARTY PRODUCTS IS TO STOP USING THE WEBSITE.
You hereby indemnify SPIN and undertake to keep ABC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses, attorney's fees, and any amounts paid by SPIN to a third party in settlement of a claim or dispute incurred or suffered by SPIN arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that SPIN has an interest in limiting the personal liability of its members, officers, and employees. You agree that you will not bring any claim personally against SPIN's members, officers, or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect SPIN's members, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.