Terms and Conditions
Welcome to SPIN – Senior Professional Industry Network and SeniorsEngage.com owned and produced by Striped Rock, LLC. SPIN & SeniorsEngage currently consists of various web pages at or linked to the URLs www.SCSPIN.org, www.USSPIN.org, www.SeniorsEngage.com collectively referred to as the “SPIN/SeniorsEngage Network,” (which may expand or change from time to time). SPIN/SeniorsEngage provides an interactive environment for the senior professional, that are current clients and partners of Striped Rock, LLC to post and receive quality information related to events, education, job listings, and news and developments. Our goal is to send out registered users’ SPINmails and SeniorsEngage.com Mail within 7 days after submission. SPIN and SeniorsEngage is not responsible for omissions, deletions, or error in content. You must be a registered user to access the services of SPIN.
Because the Terms and Conditions contain legal obligations, please read them carefully. Please direct any legal questions to:
Bill Sweezy, President, Striped Rock, LLC.
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual SPIN Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
- CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that SPIN/ SeniorsEngage may terminate your access to SPIN/SeniorsEngage or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by SPIN. Any such termination shall be in Striped Rock, LLC sole discretion and may occur without prior notice, or any notice Striped Rock, LLC further reserves the right to terminate any user’s access to SPIN/SeniorsEngage or to any of the Products and Services for any conduct that SPIN, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to SPIN/SeniorsEngage or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. SPIN further reserves the right to terminate any user’s access to SPIN or to any of the Products and Services for any reason or for no reason at all, in SPIN/SeniorsEngage sole discretion, without prior notice, or any notice.
SPIN/SeniorsEngage does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
- REGISTRATION AND PRIVACY
SPIN/SeniorsEngage will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various SPIN/SeniorsEngage registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Striped Rock, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SPIN/SeniorsEngage has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
- MEMBER AND USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not SPIN, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. SPIN/SeniorsEngage does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
You agree that you will not use SPIN/SeniorsEngage Network Products and Services to:
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
- Harm minors in any other way.
- Impersonate any person or entity, including, but not limited to, a SPIN/SeniorsEngage official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or SPIN/SeniorsEngage.
- Use automated means, including spiders, robots, crawlers, or the like to download data from any SPIN/SeniorsEngage Network database.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any SPIN database, including, without limitation, by incorporating data from any SPIN/SeniorsEngage database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Sell, distribute, or make any commercial use of data obtained from any SPIN/SeniorsEngage database or make any other use of data from any SPIN/SeniorsEngage database in a manner which could be expected to offend the person for whom the data is relevant.
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any SPIN/SeniorsEngage employee or representative or interfere with any action by any SPIN/SeniorsEngage employee or representative to redress any violation of these Terms and Conditions.
- Access the Products and Services after your account or access has been terminated by SPIN/SeniorsEngage.
- Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner, that is offensive to SPIN/SeniorsEngage community or the spirit of these Terms and Conditions.
You acknowledge and agree that SPIN/SeniorsEngage and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation SPIN/SeniorsEngage and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by SPIN/SeniorsEngage, in its sole discretion. SPIN/SeniorsEngage may also terminate access to, or membership in, SPIN/SeniorsEngage, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of SPIN/SeniorsEngage, including without limitation, information posted on message boards.
- LICENSE TO USER CONTENT
With respect to any Content posted by or in connection with the Products and Services, you grant SPIN/SeniorsEngage a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within SPIN/SeniorsEngage. Such license shall apply with respect to any form, media, or technology now known or later developed.
- DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SPIN DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, SPIN/SeniorsEngage DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SPIN/SeniorsEngage SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPIN/SeniorsEngage DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. SPIN DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. SPIN/SeniorsEngage DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. SPIN/SeniorsEngage MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY SPIN.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL SPIN/SeniorsEngage OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SPIN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, SPIN. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL SPIN OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
- DISCLAIMER REGARDING THIRD PARTY CONTENT
SPIN/SeniorsEngage offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, SPIN/SeniorsEngage has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on SPIN/SeniorsEngage or provided to SPIN/SeniorsEngage by third parties, SPIN/SeniorsEngage may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through SPIN/SeniorsEngage from such sources is developed by people over whom SPIN/SeniorsEngage exercises no control.
- ADVERTISERS AND CONTENT LINKED TO SPIN
SPIN/SeniorsEngage may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave SPIN/SeniorsEngage to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. SPIN/SeniorsEngage has no control over such sites and resources. You acknowledge and agree that SPIN/SeniorsEngage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SPIN/SeniorsEngage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SPIN/SeniorsEngage Products and Services, 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 advertiser. You agree that SPIN/SeniorsEngage 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 advertisers on the Product and Services.
- SPIN LOGOS AND SEARCH BOXES
- Linking to SPIN/SeniorsEngage
SPIN/SeniorsEngage offers a non-assignable, non-transferable, and non-exclusive license to link to SPIN/SeniorsEngage’ web sites, using SPIN logos, subject to the following provisions. SPIN/SeniorsEngage may be placed on a Web site for the sole purpose of creating a link to SPIN/SeniorsEngage and allowing users of your site to access the Products and Services on SPIN/SeniorsEngage. SPIN/SeniorsEngage logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by SPIN/SeniorsEngage. SPIN/SeniorsEngage logos may only be used in accordance with the SPIN/SeniorsEngage Trademark Usage Guidelines link, and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. SPIN/SeniorsEngage logos may not be altered in any manner. SPIN/SeniorsEngage logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo or search box and other graphic or textual elements. SPIN/SeniorsEngage logos may not be used to disparage SPIN/SeniorsEngage, its products or services, or in a manner which, in SPIN/SeniorsEngage’s reasonable judgment, may diminish or otherwise damage SPIN/SeniorsEngage’s good will in SPIN/SeniorsEngage logos. By using any such SPIN/SeniorsEngage Network logo, you acknowledge that SPIN/SeniorsEngage has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of SPIN/SeniorsEngage. SPIN/SeniorsEngage reserves the right to take action against any use that does not conform to these provisions.
If you would like permission to use any SPIN/SeniorsEngage trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please review the SPIN/SeniorsEngage Trademark Usage Guidelines.
Once you have reviewed our Guidelines, please email Bill Sweezy at email@example.com specifying from which Product or Service you would like to use information. Striped Rock will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that SPIN/SeniorsEngage grants permission only on a per-item, per-project basis.
Your request will be processed once we receive your completed Permission Form. You will typically receive a response within ten (10) business days. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in SPIN/SeniorsEngage’ Permission Approval Letter.
Approved SPIN/SeniorsEngage Network logos may be downloaded and used to link to SPIN/SeniorsEngage, without specific, written permission.
- NO LICENSE; INTELLECTUAL PROPERTY OF SPIN/SeniorsEngage AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of SPIN/SeniorsEngage’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate SPIN/SeniorsEngage and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of SPIN and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by SPIN/SeniorsEngage in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by SPIN/SeniorsEngage, any of SPIN/SeniorsEngage’ affiliates, or any of SPIN/SeniorsEngage’ service providers. You agree not to use any of the trademarks or service marks or other Content accessible through SPIN/SeniorsEngage of any purpose other than the purpose for which such Content is made available to users by SPIN/SeniorsEngage. You agree not to defame or disparage SPIN/SeniorsEngage, the trademarks or service marks of SPIN/SeniorsEngage, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or SPIN/SeniorsEngage.
- INDEMNITY AND RELEASE
By using SPIN/SeniorsEngage web sites you agree to indemnify SPIN/SeniorsEngage, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of SPIN/SeniorsEngage web sites, your use of the Products and Services, or your submission of ideas and/or related materials to SPIN or from any person’s use of any account or password you maintain with any portion of SPIN/SeniorsEngage, regardless of whether such use is authorized by you. By using SPIN/SeniorsEngage, using the Products and Services, or submitting any ideas and/or related materials to SPIN/SeniorsEngage, you are hereby agreeing to release SPIN and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to SPIN/SeniorsEngage. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of SPIN/SeniorsEngage or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
- COPYRIGHT, TRADEMARK, AND PATENT NOTICES
SPIN & SeniorsEngage.com® is a registered trademark mark of Striped Rock, LLC. All other marks that appear throughout the Products and Services belong to SPIN/SeniorsEngage, members of SPIN/SeniorsEngage, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of SPIN/SeniorsEngage or the owner of the mark, as appropriate, is strictly prohibited.
- ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of South Carolina applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Fort Mill, South Carolina, and judgment on the arbitration award may be entered into in any state or federal court in South Carolina having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in South Carolina having jurisdiction thereof. Except as set forth above, the state and federal courts of South Carolina shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in South Carolina with respect to all such disputes.
- CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
SPIN/SeniorsEngage reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. SPIN/SeniorsEngage reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
- NON-WAIVER AND SEPARABILITY
SPIN/SeniorsEngage’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
- RELATIONSHIP OF PARTIES
You acknowledge and agree that you and SPIN/SeniorsEngage are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
- NO RESALE, ASSIGNMENT, OR SUBLICENSING
You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of SPIN/SeniorsEngage.
- SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
- TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by SPIN/SeniorsEngage. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
- COMMUNICATIONS WITH USERS
You consent to receive communications from SPIN/SeniorsEngage concerning your use of the Products and Services (“Communications”). The Communications may be those that SPIN/SeniorsEngage is required to send to you by law concerning the Products and Services (“Required Communications”). The Communications may also be those that SPIN/SeniorsEngage sends to you for other reasons. You consent to receive Communications electronically. SPIN/SeniorsEngage may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on SPIN/SeniorsEngage. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which SPIN/SeniorsEngage sends Communications by visiting your account information page.
- In order to receive Required Communications, you must provide SPIN/SeniorsEngage, upon registration with SPIN/SeniorsEngage, a valid email address to which SPIN/SeniorsEngage may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browsers such as Google Chrome. Latest Version: 69, Mozilla Firefox. Latest Version: 62., Safari. Latest Version: 11.1., Opera. Latest Version: 55., Microsoft Edge. Latest Version: 17., Internet Explorer. Latest Version: 11. or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. will provide notice of any changes to these requirements.
- SUBMISSIONS OF IDEAS
SPIN/SeniorsEngage is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to SPIN/SeniorsEngage, we would like to hear them — but any submission will be subject to these Terms and Conditions. NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO SPIN BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO SPIN, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO SPIN/SeniorsEngage THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT SPIN/SeniorsEngage IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY SPIN/SeniorsEngage, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
- VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of SPIN/SeniorsEngage and, SPIN/SeniorsEngage reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of SPIN/SeniorsEngage web sites.
If you are aware of any violations of these Terms and Conditions, please report them to:
Email Address: firstname.lastname@example.org
We hope your enjoyment of SPIN & SeniorsEngage’ Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the SPIN/SeniorsEngage community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.