TERMS & CONDITIONS
PLEASE READ THE FOLLOWING CAREFULLY. BY VISITING SpinNest365.com or SpinNestMarketing.com YOU HEREBY CONSENT TO THE FOLLOWING TERMS AND CONDITIONS:
The terms “we,” “us,” and “our” refer to Spin Nest 365 and Spin Nest Marketing Inc. As used herein, Spin Nest Marketing Inc or Spin Nest 365 shall include their respective affiliates and agents. The term the “Site” or “website” refers to SpinNest365.com, SpinNestmarketing.com or SpinNest365Realtor.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the Site(s). These Terms and Conditions apply to you and all Site visitors, members, customers, and all other users of the Site (whether accessed through a computer, mobile device, or mobile application. These Terms and Conditions establish the legally binding terms which apply to your use of the Site or Service. By accessing the Site or Service, you acknowledge reading and understanding these Terms and Conditions and agree to be bound by them in their entirety (including but not limited to the Intellectual Property Rights, Governing Law, and Arbitration provisions below), whether or not you create an account.
Spin Nest 365 is a membership website offering an online marketing training and content (the “Service”). Use of Spin Nest 365 or Spin Nest Marketing Inc websites, including all materials presented on the website and all online services provided by Spin Nest Marketing Inc, is subject to these Terms and Conditions. You agree that the Service is in the nature of content and education. The scope of services provided by Spin Nest Marketing Inc according to these Terms and Conditions are limited to those listed on the website. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the right, authority, and capacity to enter into these Terms and Conditions. Persons under the age of 18 are prohibited from using the Site or Service. Content provided on the Site and in the Service are subject to change at the sole discretion of Spin Nest Marketing Inc. We make no representation or warranty that the Content on the Site, regardless of its source is accurate, complete, reliable, current, or error-free. Spin Nest Marketing Inc. disclaims all liability for any inaccuracy, error, or incompleteness in the Content. “Content” for purposes of these Terms and Conditions means text, text messages, chat, graphics, images, photographs, gifs, logos, software, computer code, music, software, audio, video (including streaming videos), links, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service.
SECURITY & PERSONAL INFORMATION
In order to use the Service, you may be required to provide information about yourself including your name, email address, credit card numbers, billing address and other personal information. You agree that any such registration information you give to Spin Nest Marketing Inc will always be accurate, complete, and at all times up to date. You may not impersonate someone else or provide account information or an email address other than your own. You are responsible for maintaining the confidentiality of your account information, and you are solely responsible for all activities that occur under your account. You agree to immediately notify Spin Nest Marketing Inc of any disclosure or unauthorized use of your account. SPIN NEST MARKETING WILL NOT SHARE, SELL, RENT or otherwise give access to your personal account information to any affiliate organization. Spin Nest Marketing processes transactions on 3rd party software (such as Paypal, Square, Quickbooks or similar). We do not capture or store any credit card information.
GOOD & SERVICES
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to: Availability, Errors in the description or prices for Goods, Errors in Your Order, Error in artwork or graphic licenses. We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
CANCELLATION RIGHTS/RETURN POLICY
Due to the nature of the Service, refunds will generally not be issued. If you cancel, or are paying by installments and miss a payment, you will no longer have access to the Service, including all Content and resources. Once your order is placed you agree to pay the full monthly payment, product price or annual payment. If you are a monthly member, you can cancel at any time by cancelling via your credit card provider, inside your membership account, or firstname.lastname@example.org. Cancellations must be made 5 days prior to your renewal date in order to avoid being charged an additional fee. Any merchant fees for processing refunds are the responsibility of the consumer.
INTELLECTUAL PROPERTY RIGHTS
The website, advisory documents, training materials or 1-to-1 consultations and Services contain intellectual property owned by Spin Nest Marketing Inc. or used in conjunction with our 3rd Party Vendor License Agreements, including but not limited to the Content, trademarks, copyrights, proprietary information, trade secrets, and other intellectual property. Spin Nest Marketing Inc.’s copyrighted and original materials are provided to you as part of the Service for your individual use only and pursuant to a single-user license which is non-assignable. All such Content and intellectual property shall at all times remain the sole property of Spin Nest Marketing Inc. No license to sell or distribute any part of the Content or Intellectual Property is granted to you or implied by your use of the Website or Service.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service, Content or intellectual property, in whole or in part, without our express prior written consent. This includes, but is not limited to, sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other mode of transmission that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without refund, if you violate these Terms and Conditions. Spin Nest Marketing Inc will investigate and take any available legal action in response to illegal or unauthorized uses of its intellectual property.
YOUR RIGHT TO POST GRAPHIC ASSETS
Our Service allows You to post certain suggested graphic and text Content. (Social Media Graphic assets and prompts) on your personally or business owned platforms. You are responsible for the Content that You post to 3rd-party social media channels, blog posts or your website including its legality, reliability, and appropriateness.
By posting Spin Nest 365 Graphics and text prompts, you agree that you are a licensed member of the website, that you have downloaded the content under these terms and conditions and that you are solely responsible that the content is accurate, free from error and you have reasonably abided by any terms or conditions related to your industry. You may not share, sell, rent, License graphic assets to any 3rd Party.
Spin Nest Marketing Inc and Spin Nest 365 are not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
-Unlawful or promoting unlawful activity.
-Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
-Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
-Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
-Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
-Impersonating any person or entity including the Company and its employees or representatives.
-Violating the privacy of any third person.
-False information and features.
Spin Nest Marketing Inc. reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
CHANGE IN TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective and binding upon you immediately upon us posting the new Terms and Conditions on this Site. Such posting shall be deemed as notice to you. Any use of the Site or Service by you after such posting shall be deemed as your acknowledgement and agreement to such amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time at our sole discretion. Spin Nest Marketing Inc. shall not have any obligation to notify you of such updates other than upon posting such updated terms on the Site. Acceptance of these Terms and Conditions shall be deemed as acceptance of any future updates to its terms.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, SPIN NEST MARKETING INC. IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF SPIN NEST MARKETING INC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SPIN NEST MARKETING INC.’s CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM SPIN NEST MARKETING or SPIN NEST 365 AND IF NO PURCHASE HAS BEEN MADE BY YOU SPIN NEST MARKETING INC.’s CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $50. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SITE OR SERVICE.
LINKS AND THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites, affiliates and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Spin Nest Marketing Inc. You acknowledge and agree that SPIN NEST MARKETING INC 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
You shall indemnify and hold Spin Nest Marketing Inc (together with its affiliates, shareholders, directors, employees, partners, and agents) harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
These Terms and Conditions, and any dispute between you and Spin Nest Marketing Inc, shall be governed by the laws of the state of California without regard to principles of conflicts of law. Any use of the content outside of the United States is prohibited.
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms and Conditions and use of the Site or Service shall be binding arbitration administered by an arbitrator of our choosing.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, you give up your right to go to court to assert or defend any claims between you and Spin Nest Marketing Inc. You also give up your right to participate in a class action, class arbitration, or other representative action or proceeding. Your rights will be determined by a neutral arbitrator, not a judge or jury. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Spin Nest Marketing Inc. may be commenced only in the federal or state courts located in San Jose or San Francisco, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
These Terms and Conditions constitute the entire agreement between you and Spin Nest Marketing Inc pertaining to the Site and Service and supersedes any and all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms and Conditions by Spin Nest Marketing Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Spin Nest Marketing Inc.
All notices and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Spin Nest Marketing/Spin Nest 365
1177 Branham lane #164
San Jose, CA 95118
RECOVERY OF LITIGATION EXPENSES
There shall be no scenario in which any recovery of litigation expenses will be allowed. If you elect to pursue legal action, all expenses will be incurred by you.