Spiral Vision 101

Terms & Conditions

Your use of SpiralVision101.com, constitutes agreement to and acceptance of these terms.

1. Agreement Between User & 
SpiralVision101.com

The SpiralVision101.com web site (the “web site”) is offered to interested customers (each a “User” or "you") and is conditioned upon your acceptance without modification of the terms, conditions and notices contained in these Terms of Use. As a User, your access and/or use of this web site constitutes your express agreement to all such terms, conditions and notices. If you do not agree with these Terms of Use,you are not authorized to use this web site. Please periodically link to and review these Terms of Use, because your continued usage of this web site indicates your agreement with any revisions to these Terms of Use.

2. Accounts & Registration

In order to access certain content and/or services on the web site, you may be required to register an account with SpiralVision101.com.  You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to immediately notify 
SpiralVision101.com of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.  Please notify us via email or via voicemail of any potential unauthorized use(s) of your account, or breach of security.

With respect to security: We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our site. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

3. User Provided Information

By submitting your name, e-mail address, telephone number, and/or any other information to 
SpiralVision101.com through the web site, you hereby grant to SpiralVision101.com a royalty-free license to use and disclose this information in accordance with SpiralVision101.com’s Privacy Policy and these Terms of Use. Please review SpiralVision101.com’s Privacy Policy before submitting any personal identifiable information to SpiralVision101.com.

In using our services you warrant, represent, and agree that:

(a) you will provide 
SpiralVision101.com with truthful and accurate information and will promptly inform SpiralVision101.com of any required updates to such information;

(b) you are of legal age (18 or over in most states) and are otherwise capable of forming a legally binding contract; and

(c) if you sign up with 
SpiralVision101.com as a potential buyer, you represent and warrant and agree that you are interested in being contacted in the future about our services.

4. User Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

If 
SpiralVision101.com becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms of Use or our Privacy PolicySpiralVision101.com may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation SpiralVision101.com may suspend services to any User being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms of Use or the Privacy Policy could be subject to criminal or civil penalties.

5. Submission of Content on This Web Site

By providing any Content to our web site:

(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 6;

(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

6. Your Responsibilities

You are responsible for learning and complying with all restrictions and laws (including, but not limited to governmental, property, or association restrictions).

The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any successes or failures of the sale of your home that is directly or indirectly related to the purchase and use of our information, products and services.

As with anything, your results may vary, and will be based on your efforts and experience, as well as your individual capacity, expertise, and level of desire.  There are no guarantees concerning the level of success you may experience.  The testimonials and examples used are not intended to represent or guarantee that anyone will achieve the same or similar results.  Each individual’s success depends on his or her background, dedication, desire and motivation.

7. Accuracy & Results

All information, including pricing, is subject to change without notice.

We cannot guarantee your future results and/or success. There are some unknown risks on the Internet that we cannot foresee which can reduce results. We are not responsible for your actions.

8. Termination of Services

SpiralVision101.com reserves the right to remove any and all information on the web site and/or to cancel any and all services provided on or through the web site or provided to anyone at any time.  In addition, if SpiralVision101.com has reason to believe you are in breach of these Terms of Use or any other obligations owed to SpiralVision101.com, then without limiting any other remedies, SpiralVision101.com may issue a warning, temporarily suspend, indefinitely suspend, or terminate your subscription and/or account and delete any other information placed by you on the web site at SpiralVision101.com's sole discretion.

9. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our web site or service without our prior written consent.

10. Assignment

You may not assign these Terms of Use, in whole or in part, without 
SpiralVision101.com’s prior written consent, and any attempted assignment without such consent shall be null and void. SpiralVision101.com may assume and assign these Terms of Use without your consent to a successor-in-interest in connection with a change of control, merger, sale of all or substantially all of its assets to which this Agreement relates or other corporate reorganization. Subject to the foregoing, these Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

11. Third Party Services

This web site may contain hyperlinks to web sites operated by parties other than 
SpiralVision101.com. Such hyperlinks are provided for your reference only. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.

Neither our company nor its owners, or partners shall be responsible for content appearing on third party sites which are linked to the Site. Nor shall we have any responsibility for any incentives (regardless of form) that may be offered by anyone other than in connection with a particular listing. You agree to look solely to the third party offering such incentive to fulfill its agreement with you and you hereby hold us harmless and release us from any liability whatsoever in connection with any third-party incentive offer.

12. Outside Expertise

If you need any legal, tax, accounting, or other expert assistance, you will consult, at your own expense, the appropriate professional. We strongly recommend that you consult with an attorney and other appropriate experts. Any information that we provide or make available regarding third party providers of services or products (each, a "Vendor") is solely for your convenience, to aid you in selecting such a Vendor yourself. None of such information is intended as (and none of such information will be treated for any purposes as) a recommendation, endorsement, referral, guaranty or warranty of such Vendor or such Vendor’s services or products. It is your responsibility to evaluate any Vendor yourself, before retaining such Vendor. If we provide any links to any other web sites, we have no responsibility for, and do not guaranty or endorse such web sites, including the content, security practices or sponsors thereof.

13. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of this Terms of Use or any other violation of the rights of another person or party.

Neither us nor our owners, or partners shall be responsible for any damage caused to your computer, or for viruses which may affect your computer as a result of accessing the Site or utilizing any of the services or features which appear therein.

14. Disclaimer of Warranties

THE INFORMATION, SOFTWARE, PRODUCTS, PRICING AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.  SPIRAL VISION101.COM SHALL NOT BE HELD ACCOUNTABLE FOR SUCH ERRORS.  CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN.  SPIRALVISION101.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME.  EXCEPT FOR THE LIMITED CONTACT WARRANTY SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.

SPIRALVISION101.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH REGARD TO ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPIRALVISION101.COM OR ITS REPRESENTATIVE SHALL CREATE A WARRANTY AS IT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY.

EXCEPT FOR THE LIMITED CONTACT WARRANTY, YOU ACCEPT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS AND/OR SERVICES; SHOULD ANY GOODS OR SERVICES PROVIDED HEREUNDER PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, YOU AND NOT ENVISION IT SOLD, INC. ASSUME THE COSTS TO CORRECT SUCH DEFECT.

15. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (a) THE USE OF OR THE INABILITY TO USE THE SERVICE, (b) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

The foregoing limitations shall apply even if the above stated remedy fails of its essential purpose. You acknowledge that the limitations of liability in these Terms of Use and the allocation of risk herein are an essential element of the bargain between the parties, without which 
SpiralVision101.com would not have provided Services to the consumer. SpiralVision101.com’s pricing reflects this allocation of risk and the limitation of liability specified herein.

16. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located.

17. General Information

These Terms of Use are governed by the laws of the State of Colorado, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Denver, Colorado, USA in all disputes arising out of or relating to the use of this web site.

(a) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact;

(b) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect;

(c) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;

(d) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.


Effective Date: March 4th, 2009


 

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