TERMS AND CONDITIONS
These Terms and Conditions "TAC" establish the obligations and agreements to which you, the Client, agree and are bound. By completing the order forms for Spins Unlimited HI or using the Spins Unlimited HI site you, the Client, accept all aspects of the TAC. Each time you, the Client, access or use the Spins Unlimited HI web site or request or accept any information, good, service, product or content from Spins Unlimited HI or Spins Unlimited HI, you, the Client, understand and agree that you, the Client, are accepting, affirming or re-affirming the then existing TAC. Except as otherwise provided herein or expressly disallowed by applicable laws, the TAC apply to every Client. Capitalized terms are defined in Appendix 1 which is incorporated herein by reference, as if fully set forth herein. All Sales are final.
If you, the Client, have any questions please send an email message to: firstname.lastname@example.org
RESPONSIBILITIES OF CLIENTS
By initiating a written or verbal agreement to procure any service, good, content, or product and/or completing a profile on Spins Unlimited HI, you as a Client represent, warrant and agree that:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You are an owner of the property or business or have legal authority to act on the owner's behalf and, if selling a property /or have the legal right to offer it for sale;
- If for sale, the property is located in a state of the United States of America, the District of Columbia, or the Commonwealth of Puerto Rico;
- The property is not currently listed with any Agent other than the Client, if Client is an Agent;
- You will post only one Client Profile for each property or business that you own;
- All payments made to Spins Unlimited HI will be timely and in good faith, and shall not be fraudulent or unlawful in any way.
Each Client agrees to be solely responsible for the Client's own Information, and understands, accepts and/or provides advance consent to the full extent necessary to allow Spins Unlimited HI to act as a conduit of said Information without incurring liability of any kind or nature.
Notwithstanding the foregoing, Information:
- shall not infringe Spins Unlimited HI or any third party's contract, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- shall not violate any law, statute, ordinance or regulation
- shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing or include threats, hate speech, vulgarity, obscenity, pornography, adult or otherwise inappropriate material;
- shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- shall not promote information, good, content, service or any product that you do not have a right to link to or include. Furthermore, a Client may not post on the Spins Unlimited HI web site or offer through Spins Unlimited HI any:
- information, good, content, service or product that could cause Spins Unlimited HI to interfere with any contract or rights of any person or violate any applicable law, statute, ordinance or regulation or otherwise incur liability of any type or nature, or
- any information, good, content, service or other product that you are not permitted to perform, provide or promote under applicable laws or regulations, or any impermissible activity, including practices or promotions that might or do compete with Spins Unlimited HI now or in the future.
To the full extent necessary to enable Spins Unlimited HI to access or otherwise use Information without liability, the submitting Client grants Spins Unlimited HI a perpetual, worldwide, irrevocable, royalty-free, right (or waiver) to exercise the copyright, publicity or any other rights that exist anywhere in the world in or with respect to the Information, in any media now known or not currently known. This provision entitles Spins Unlimited HI and the Client to any ownership or exclusivity rights to the Information but shall be deemed to allow Spins Unlimited HI to freely use, modify and exploit the Information for Spins Unlimited HI own business purposes and/or profit. The Client acknowledges rights to images and content as allowed by applicable law, notwithstanding the rights of Spins Unlimited HI already provided herein.
NO RESALE OF SERVICES
Spins Unlimited HI is protected by U.S. and international laws related to intellectual property. Each Client agrees not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services or information obtained from Spins Unlimited HI nor exploit association with Spins Unlimited HI for a commercial or advertising purpose without the express written permission of Spins Unlimited HI or its authorized agent.
For the limited purpose of promoting Spins Unlimited HI or identifying oneself as a Spins Unlimited HI Client, Spins Unlimited HI may allow a Client to link to Spins Unlimited HI and use Spins Unlimited HI logo, provided the appropriate trademark and copyright notices are used, as Spins Unlimited HI may instruct. Permissions requests should be directed to Spins Unlimited HI by email sent to SpinsUnlimited@yahoo.com. A Client may not otherwise copy, distribute or create derivative works without express permission from Spins Unlimited HI or its authorized agent.
In the event that you, a Client, has a dispute with one or more other Clients and/or Spins Unlimited HI, you release Spins Unlimited HI (and our representatives, principals, officers, employees, attorneys, affiliated corporations, parent corporations, and subsidiaries) from claims, liability, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes. In connection with the foregoing, you, the Client, hereby waive any and all rights under State of Hawaii Civil Code section 1542, and any similar federal, state, or local law. The section provides as follows:
Section 1542. General Release - Claims Extinguished.
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 if known by him must have materially affected his settlement with the debtor.
All sale are final.
Spins Unlimited HI takes pride in the quality of its services and shall offer a 100% Satisfaction Guarantee.
Spins Unlimited HI offers Tour Hosting services, provided at an annual fee that is subject to change at any time pursuant to the "Cost of Services" clause herein.
COST OF SERVICES
Spins Unlimited HI reserves the right to adjust the Cost of Services at any time for any reason. Notification of a change in Cost of Services will always precede any invoice containing services billed at the new cost.
MODIFICATION OR DISCONTINUATION OF SERVICE
Spins Unlimited HI reserves the right to modify or discontinue service or any portion thereof, or the offering of any information, good, content, product or service with or without notice to any Client. Spins Unlimited HI shall not be liable to any Client or any third party should Spins Unlimited HI exercise its right to modify or discontinue service.
Each Client agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Spins Unlimited HI site. Each Client also agrees not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. A Client issued a password, agrees not to disclose the password to any third party or use the password for any unauthorized purpose.
Spins Unlimited HI may display URLs or icons that allow clients to link to other web sites. Any content, representations or warranties made on such other web sites are the sole responsibility of the operator of the site, and Spins Unlimited HI or Spins Unlimited HI assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied.
Each Client agrees to indemnify and hold Spins Unlimited HI and its representatives, principals, officers, directors, employees, and attorneys harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of the use of Spins Unlimited HI or the Spins Unlimited HI service, any information, good, content, product or service provided by Spins Unlimited HI HI, or any violation of these TAC or any other policy of Spins Unlimited HI or Spins Unlimited HI HI, or any infringement of any intellectual property or other personal or proprietary right of any person, by you, the Client, or any other person using your Client name and password.
DISCLAIMER AND WARRANTY
Spins Unlimited HI's suppliers provide information, content, products, goods, or services "as is" and without warranty or condition, express or implied. Spins Unlimited HI and Spins Unlimited HI suppliers specifically disclaim the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply. Should Spins Unlimited HI's exclusion and limitation of liability not apply, each Client understands and agrees that Spins Unlimited HI and Spins Unlimited HI's suppliers provide information, content, products, goods, or services "as is" and without any warranty or condition, express or implied, to the fullest extent permitted by applicable law. This warranty gives specific legal rights and other legal rights may exist that vary from state to state.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A CLIENT FROM OR THROUGH SPINS UNLIMITED HI OR SPINS UNLIMITED HISHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY THESE TAC.
Information available on or through Spins Unlimited HI may have been obtained from third party sources and may not have been verified by Spins Unlimited HI.
Information supplied by Clients could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Although we may, at our sole discretion, take actions to verify accuracy of information presented by Clients of the site, such actions do not affect our rights or obligations under this Agreement.
Spins Unlimited HI does not guarantee continuous, uninterrupted or secure access to Spins Unlimited HI information, content, products, goods, or services, and operation of Spins Unlimited HI may be interfered with by numerous factors outside of Spins Unlimited HI's control.
Spins Unlimited HI is not licensed to practice law. Each Client is therefore advised to contact an attorney licensed to practice in his or her community whenever legal assistance may be appropriate. Each Client understands and accepts the responsibility to do so without further guidance from Spins Unlimited HI.
LIMIT ON LIABILITY
IN NO EVENT SHALL SPINS UNLIMITED HI OR SPINS UNLIMITED HI'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SPINS UNLIMITED HI'S LIABILITY, AND THE LIABILITY OF SPINS UNLIMITED HI'S SUPPLIERS, TO YOU, THE CLIENT, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE CLIENT, PAY TO SPINS UNLIMITED HI IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $200, WHICHEVER IS LESS. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
GENERAL COMPLIANCE WITH LAWS
Each Client agrees to comply with all applicable laws, statutes, ordinances and regulations.
Spins Unlimited HI is completely independent from you and every Client. You and Spins Unlimited HI agrees Spins Unlimited HI is not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other type of relationship with you or other Clients and no such relationship(s) are intended nor created by this Agreement.
Spins Unlimited HI may amend the TAC at any time by posting amended TAC. By continuing to use the Spins Unlimited HI service you, the Client, agree that the amendments are immediately effective unless otherwise provided for in these TAC or applicable law. This Agreement may not be otherwise amended except in a detailed agreement between Spins Unlimited HI and you, the Client.
The TAC shall be governed in all respects by the laws of the State of State of Hawaii as such laws are applied to agreements entered into and to be performed entirely within State of Hawaii between State of Hawaii residents without giving effect to State of Hawaii conflict of laws provisions or those of your actual state or country of residence. Both parties submit to jurisdiction in State of Hawaii and further agree that any cause of action arising under this Agreement shall be brought exclusively in a court in Sacramento County, State of Hawaii. Should any part of the TAC be held invalid or unenforceable as written, that portion shall be reformed and/or construed consistent with applicable law as nearly as possible to reflect the original intentions of the contract and the remaining portions will remain in full force and effect. If the contemplated purpose of any provision of the TAC are held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Spins Unlimited HI's failure to act with respect to a breach by a Client or others does not waive Spins Unlimited HI's right to act with respect to subsequent or similar breaches, by the same Client or a different Client.
The services hereunder are offered by Spins Unlimited HI, a State of Hawaii, located at 419 L Street, Suite 4, Makawao, HI 95708. Spins Unlimited HI, complies with all applicable laws. Pursuant to State of Hawaii Civil Code Section 1789.3 a State of Hawaii resident:
- may have these TAC e-mailed by sending a letter to the foregoing address with your e-mail address and a request for this information;
You, the Client, and Spins Unlimited HI acknowledge, understand and agree that these TAC constitute the entire and only understanding and agreement between us, that these TAC supersede all prior or contemporaneous agreements, discussions, or representations, whether oral or written, with respect to Spins Unlimited HI, and that these TAC cannot be varied, amended, changed, waived, or discharged except in writing by the President of Spins Unlimited HI. You, the Client, further acknowledge that no promises, representations, inducements, agreements, or warranties, other than those explicitly set forth in these TAC, have been made to induce your acceptance of these TAC nor have you, the Client, agreed to these TAC in reliance on any such promise, representation, inducement, or warranty.
APPENDIX 1: DEFINED TERMS
- "Annual Fee" means a periodically recurring fee to be charged yearly by Spins Unlimited HI.
- "Agent" means a real estate broker, salesperson, agent, associate broker, or similarly licensed real estate professional.
- "Client" means you, or any individual requesting or accepting information, content, goods, products, or services from or through Spins Unlimited HI or Spins Unlimited HI, including but not limited to an Agent, Consumer, or an unregistered web site visitor. The terms "user" "username", "sign-in", "login", or "log-in" may or may not be used on the Spins Unlimited HI web site in conjunction with or in place of any reference to "Client".
- "Client Profile" means the assignment of a username and password for Spins Unlimited HI. A Client Profile is created during the online registration process.
- "Cost of Services" mean the Spins Unlimited HI dues, fees (subscription, referral or otherwise), charges, rates, fee structure, or billing method(s), all or any of which are subject to change at any time and for any reason.
- "Information" means any information, content, good, product, service, statement, name, logo, trade name, graphic, media, text, icon, hypertext and/or graphical Internet link, domain name, marketing, computer program, or content, tool, functionality or operation of any kind whatsoever (individually or collectively), that a Client provides or makes available to Spins Unlimited HI.
- "Satisfaction Guarantee" means that a Client may, if not satisfied with the initial service provided, request a replacement Tour to be provided at no cost to the Client. If Client still deems a Tour to be unsatisfactory, a full refund shall be given for that Tour.
- "Spins Unlimited HI" means any and all intellectual, physical, and financial properties of Spins Unlimited HI, including but not limited to Spins Unlimited HI. Any reference thereto herein may include one or all of the aforementioned Spins Unlimited HI entities.
- "Tour" means Client contracts Spins Unlimited HI to display their property through a series of quality photos, stills and proprietary techniques.
- "Tour Hosting" means that Client contract Spins Unlimited HI to provide reasonably continuous access to a web-based interface for the purpose of displaying a home or business. The Client's Information will be stored electronically using Spins Unlimited HI servers.