SpySales - Real-Time Sales Tracking for Shopify Stores

terms of use

Last updated November 13, 2022

 

TABLE OF CONTENTS

 

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. FEES AND PAYMENT

6. FREE TRIAL

7. CANCELLATION

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. SOCIAL MEDIA

12. SUBMISSIONS

13. U.S. GOVERNMENT RIGHTS

14. SITE MANAGEMENT

15. PRIVACY POLICY

16. TERM AND TERMINATION

17. MODIFICATIONS AND INTERRUPTIONS

18. GOVERNING LAW

19. DISPUTE RESOLUTION

20. CORRECTIONS

21. DISCLAIMER

22. LIMITATIONS OF LIABILITY

23. INDEMNIFICATION

24. USER DATA

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES

26. CALIFORNIA USERS AND RESIDENTS

27. MISCELLANEOUS

28. CONTACT US

 

 

1. AGREEMENT TO TERMS

 

These Terms andConditions constitute a legally binding agreement made between you,whether personally or on behalf of an entity (“you”) and Spiraf, LLC ("Company", “we”, “us”, or “our”), concerning your access to and use ofthe https://spysales.com website as well as any other media form,media channel, mobile website or mobile application related, linked, orotherwise connected thereto (collectively, the “Site”). We are registeredin Delaware, United States and have our registered office at 651 N Broad St,Suite 201, Middletown, DE 19709. You agree thatby accessing the Site, you have read, understood, and agree to be bound by allof these Terms and Conditions, including the UserAgreement posted on the Site, which are incorporated into these Termsand Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS ANDCONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUSTDISCONTINUE USE IMMEDIATELY.

 

Supplemental terms andconditions or documents that may be posted on the Site from time to time arehereby expressly incorporated herein by reference. We reserve the right, in oursole discretion, to make changes or modifications to these Terms andConditions from time to time. We will alert you about any changes byupdating the “Last updated” date of these Terms and Conditions, and youwaive any right to receive specific notice of each such change. Please ensurethat you check the applicable Terms every time you use our Site so that youunderstand which Terms apply. You will be subject to, and will be deemed tohave been made aware of and to have accepted, the changes in anyrevised Terms and Conditions by your continued use of the Site afterthe date such revised Terms and Conditions are posted.

 

The informationprovided on the Site is not intended for distribution to or use by any personor entity in any jurisdiction or country where such distribution or use wouldbe contrary to law or regulation or which would subject us to any registrationrequirement within such jurisdiction or country. Accordingly, those persons whochoose to access the Site from other locations do so on their own initiative andare solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.

 

All users who are minors in the jurisdiction in which they reside (generally underthe age of 18) must have the permission of, and be directly supervised by,their parent or guardian to use the Site. If you are a minor, you must haveyour parent or guardian read and agree to these Terms andConditions prior to you using the Site.

 

 

2. INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwiseindicated, the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by usor licensed to us, and are protected by copyright and trademark laws andvarious other intellectual property rights and unfair competition laws of theUnited States, international copyright laws, and international conventions. TheContent and the Marks are provided on the Site “AS IS” for your information andpersonal use only. Except as expressly provided in these Terms andConditions, no part of the Site and no Content or Marks may be copied,reproduced, aggregated, republished, uploaded, posted, publicly displayed,encoded, translated, transmitted, distributed, sold, licensed, or otherwiseexploited for any commercial purpose whatsoever, without our express priorwritten permission.

 

Provided that you are eligibleto use the Site, you are granted a limited license to access and use the Siteand to download or print a copy of any portion of the Content to which you haveproperly gained access solely for your personal, non-commercial use. We reserveall rights not expressly granted to you in and to the Site, the Content and theMarks.

 

 

3. USER REPRESENTATIONS

 

By using the Site, yourepresent and warrant that: (1) all registrationinformation you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information andpromptly update such registration information as necessary; (3) you have the legal capacity and you agree tocomply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside, orif a minor, you have received parental permission to use the Site; (5) you will not access the Site throughautomated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal orunauthorized purpose; and (7) your use of the Site will not violate anyapplicable law or regulation.

 

If you provide anyinformation that is untrue, inaccurate, not current, or incomplete, we have theright to suspend or terminate your account and refuse any and all current orfuture use of the Site (or any portion thereof).

 

 

4. USER REGISTRATION

 

You may be required toregister with the Site. You agree to keep your password confidential and willbe responsible for all use of your account and password. We reserve the rightto remove, reclaim, or change a username you select if we determine, in oursole discretion, that such username is inappropriate, obscene, or otherwiseobjectionable.

 

5. FEES AND PAYMENT



We accept thefollowing forms of payment ( The payments are handled by Stripe ) :

-  Visa

-  Mastercard

-  American Express

-  Discover 

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via Stripe. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via Stripe.com. Sales tax will be added to the price of purchases as deemed  us. We may change prices at any time. All payments shall be in U.S.dollars.

 

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts up on making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placedt hrough Stripe.

‍

6. FREE TRIAL

 

We offer a free trial to new users who register with the Site. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial, and we don't request any Credit Card informations for the free trial

 

7. CANCELLATION 

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at support@spysales.com.

 

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site,you agree not to:

  • Systematically retrieve data or other     content from the Site to create or compile, directly or indirectly, a     collection, compilation, database, or directory without written permission     from us.
  • Trick, defraud, or mislead us and     other users, especially in any attempt to learn sensitive account     information such as user passwords.
  • Circumvent, disable, or otherwise     interfere with security-related features of the Site, including features     that prevent or restrict the use or copying of any Content or enforce     limitations on the use of the Site and/or the Content contained therein.
  • Disparage, tarnish, or otherwise harm,     in our opinion, us and/or the Site.
  • Use any information obtained from the     Site in order to harass, abuse, or harm another person.
  • Make improper use of our support     services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent     with any applicable laws or regulations.
  • Engage in unauthorized framing of or     linking to the Site.
  • Upload or transmit (or attempt to     upload or to transmit) viruses, Trojan horses, or other material,     including excessive use of capital letters and spamming (continuous     posting of repetitive text), that interferes with any party’s     uninterrupted use and enjoyment of the Site or modifies, impairs,     disrupts, alters, or interferes with the use, features, functions,     operation, or maintenance of the Site.
  • Engage in any automated use of the     system, such as using scripts to send comments or messages, or using any     data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other     proprietary rights notice from any Content.
  • Attempt to impersonate another user or     person or use the username of another user.
  • Upload or transmit (or attempt to     upload or to transmit) any material that acts as a passive or active     information collection or transmission mechanism, including without     limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web     bugs, cookies, or other similar devices (sometimes referred to as     “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an     undue burden on the Site or the networks or services connected to the     Site.
  • Harass, annoy, intimidate, or threaten     any of our employees or agents engaged in providing any portion of the     Site to you.
  • Attempt to bypass any measures of the     Site designed to prevent or restrict access to the Site, or any portion of     the Site.
  • Copy or adapt the Site’s software,     including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law,     decipher, decompile, disassemble, or reverse engineer any of the software     comprising or in any way making up a part of the Site.
  • Except as may be the result of     standard search engine or Internet browser usage, use, launch, develop, or     distribute any automated system, including without limitation, any spider,     robot, cheat utility, scraper, or offline reader that accesses the Site,     or using or launching any unauthorized script or other software.
  • Use a buying agent or purchasing agent     to make purchases on the Site.
  • Make any unauthorized use of the Site,     including collecting usernames and/or email addresses of users by     electronic or other means for the purpose of sending unsolicited email, or     creating user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to     compete with us or otherwise use the Site and/or the Content for any     revenue-generating endeavor or commercial enterprise.

 

9. USER GENERATEDCONTRIBUTIONS

 

The Site does notoffer users to submit or post content. We may provide you with theopportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Site, includingbut not limited to text, writings, video, audio, photographs, graphics,comments, suggestions, or personal information or other material (collectively,"Contributions"). Contributions may be viewable by other users of theSite and through third-party websites. As such, any Contributions you transmitmay be treated in accordance with the Site Privacy Policy. When you create ormake available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public     display, or performance, and the accessing, downloading, or copying of     your Contributions do not and will not infringe the proprietary rights,     including but not limited to the copyright, patent, trademark, trade     secret, or moral rights of any third party.
  • You are the creator and owner of or have the necessary     licenses, rights, consents, releases, and permissions to use and to     authorize us, the Site, and other users of the Site to use your     Contributions in any manner contemplated by the Site and these Terms     and Conditions.
  • You have the written consent, release, and/or     permission of each and every identifiable individual person in your     Contributions to use the name or likeness of each and every such     identifiable individual person to enable inclusion and use of your     Contributions in any manner contemplated by the Site and these Terms     and Conditions.
  • Your Contributions are not false, inaccurate, or     misleading.
  • Your Contributions are not unsolicited or unauthorized advertising,     promotional materials, pyramid schemes, chain letters, spam, mass     mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious,     filthy, violent, harassing, libelous, slanderous, or otherwise     objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage,     intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten     (in the legal sense of those terms) any other person and to promote     violence against a specific person or class of people.
       
       
  • Your Contributions do not violate any applicable law,     regulation, or rule.
       
       
  • Your Contributions do not violate the privacy or     publicity rights of any third party.
       
       
  • Your Contributions do not violate any applicable law     concerning child pornography, or otherwise intended to protect the health     or well-being of minors.
       
       
  • Your Contributions do not include any offensive     comments that are connected to race, national origin, gender, sexual     preference, or physical handicap.
       
       
  • Your Contributions do not otherwise violate, or link to     material that violates, any provision of these Terms and Conditions,     or any applicable law or regulation.

Any use of the Site inviolation of the foregoing violates these Terms and Conditions andmay result in, among other things, termination or suspension of your rights touse the Site.

 

 

10. CONTRIBUTION LICENSE

 

You and the Site agreethat we may access, store, process, and use any information and personal datathat you provide following the terms of the Privacy Policy and your choices(including settings).

 

By submittingsuggestions or other feedback regarding the Site, you agree that we can use andshare  such feedback for any purpose without compensation to you.

 

We do not assert anyownership over your Contributions. You retain full ownership of all of yourContributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site.You are solely responsible for your Contributions to the Site and you expresslyagree to exonerate us from any and all responsibility and to refrain from anylegal action against us regarding your Contributions.

 

 

11. SOCIAL MEDIA

 

As part of thefunctionality of the Site, you may link your account with online accounts youhave with third-party service providers (each such account, a “Third-PartyAccount”) by either: (1) providing your Third-Party Account login informationthrough the Site; or (2) allowing us to access your Third-Party Account, as ispermitted under the applicable terms and conditions that govern your use ofeach Third-Party Account. You represent and warrant that you are entitled todisclose your Third-Party Account login information to us and/or grant usaccess to your Third-Party Account, without breach by you of any of the termsand conditions that govern your use of the applicable Third-Party Account, andwithout obligating us to pay any fees or making us subject to any usagelimitations imposed by the third-party service provider of the Third-PartyAccount. By granting us access to any Third-Party Accounts, you understand that(1) we may access, make available, and store (if applicable) any content thatyou have provided to and stored in your Third-Party Account (the “SocialNetwork Content”) so that it is available on and through the Site via youraccount, including without limitation any friend lists and (2) we may submit toand receive from your Third-Party Account additional information to the extentyou are notified when you link your account with the Third-Party Account.Depending on the Third-Party Accounts you choose and subject to the privacysettings that you have set in such Third-Party Accounts, personallyidentifiable information that you post to your Third-Party Accounts may beavailable on and through your account on the Site. Please note that if aThird-Party Account or associated service becomes unavailable or our access tosuch Third-Party Account is terminated by the third-party service provider,then Social Network Content may no longer be available on and through the Site.You will have the ability to disable the connection between your account on theSite and your Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOURTHIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCHTHIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social NetworkContent for any purpose, including but not limited to, for accuracy, legality,or non-infringement, and we are not responsible for any Social Network Content.You acknowledge and agree that we may access your email address book associatedwith a Third-Party Account and your contacts list stored on your mobile deviceor tablet computer solely for purposes of identifying and informing you ofthose contacts who have also registered to use the Site. You can deactivate theconnection between the Site and your Third-Party Account by contacting us usingthe contact information below or through your account settings (if applicable).We will attempt to delete any information stored on our servers that wasobtained through such Third-Party Account, except the username and profilepicture that become associated with your account.

 

 

12. SUBMISSIONS

 

You acknowledge andagree that any questions, comments, suggestions, ideas, feedback, or otherinformation regarding the Site ("Submissions") provided by you to usare non-confidential and shall become our sole property. We shall own exclusiverights, including all intellectual property rights, and shall be entitled tothe unrestricted use and dissemination of these Submissions for any lawfulpurpose, commercial or otherwise, without acknowledgment or compensation toyou. You hereby waive all moral rights to any such Submissions, and you herebywarrant that any such Submissions are original with you or that you have theright to submit such Submissions. You agree there shall be no recourse againstus for any alleged or actual infringement or misappropriation of anyproprietary right in your Submissions.

 

 

13. U.S. GOVERNMENTRIGHTS

 

Our services are“commercial items” as defined in Federal Acquisition Regulation (“FAR”) 2.101.If our services are acquired by or on behalf of any agency not within theDepartment of Defense (“DOD”), our services are subject to the terms ofthese Terms and Conditions in accordance with FAR 12.212 (forcomputer software) and FAR 12.211 (for technical data). If our services areacquired by or on behalf of any agency within the Department of Defense, ourservices are subject to the terms of these Terms and Conditions inaccordance with Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. In addition, DFARS 252.227-7015 applies to technical data acquired by theDOD. This U.S. Government Rights clause is in lieu of, and supersedes, anyother FAR, DFARS, or other clause or provision that addresses government rightsin computer software or technical data under these Terms and Conditions.

 

 

14. SITE MANAGEMENT

 

We reserve the right,but not the obligation, to: (1) monitor the Site for violations ofthese Terms and Conditions; (2) take appropriate legal action againstanyone who, in our sole discretion, violates the law or these Terms andConditions, including without limitation, reporting such user to lawenforcement authorities; (3) in our sole discretion and without limitation,refuse, restrict access to, limit the availability of, or disable (to the extenttechnologically feasible) any of your Contributions or any portion thereof; (4)in our sole discretion and without limitation, notice, or liability, to removefrom the Site or otherwise disable all files and content that are excessive insize or are in any way burdensome to our systems; and (5) otherwise manage theSite in a manner designed to protect our rights and property and to facilitatethe proper functioning of the Site.

 

 

15. PRIVACY POLICY

 

We care about dataprivacy and security. Please review our Privacy Policy: https://spysales.com/privacy-policy. By using the Site, you agree to be bound byour Privacy Policy, which is incorporated into these Terms and Conditions.Please be advised the Site is hosted in the United States. If youaccess the Site from any other region of the world with laws or otherrequirements governing personal data collection, use, or disclosure that differfrom applicable laws in the United States, then through yourcontinued use of the Site, you are transferring your datato the United States, and you agree to have your data transferred toand processed in the United States.

 

 

16. TERM AND TERMINATION

 

These Terms andConditions shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES),TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FORBREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED INTHESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WEMAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED ATANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate orsuspend your account for any reason, you are prohibited from registering andcreating a new account under your name, a fake or borrowed name, or the name ofany third party, even if you may be acting on behalf of the third party. Inaddition to terminating or suspending your account, we reserve the right totake appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.

 

 

17. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the rightto change, modify, or remove the contents of the Site at any time or for anyreason at our sole discretion without notice. However, we have no obligation toupdate any information on our Site. We also reserve the right to modify ordiscontinue all or part of the Site without notice at any time. We will not beliable to you or any third party for any modification, price change, suspension,or discontinuance of the Site.

 

We cannot guaranteethe Site will be available at all times. We may experience hardware, software,or other problems or need to perform maintenance related to the Site, resultingin interruptions, delays, or errors. We reserve the right to change, revise,update, suspend, discontinue, or otherwise modify the Site at any time or forany reason without notice to you. You agree that we have no liabilitywhatsoever for any loss, damage, or inconvenience caused by your inability toaccess or use the Site during any downtime or discontinuance of the Site.Nothing in these Terms and Conditions will be construed to obligateus to maintain and support the Site or to supply any corrections, updates, orreleases in connection therewith.

 

 

18. GOVERNING LAW

 

These Terms andConditions and your use of the Site are governed by and construed inaccordance with the laws of the State of Delaware applicable to agreements made and to be entirely performedwithin the State of Delaware, without regard to its conflict of lawprinciples.

 

 

19. DISPUTE RESOLUTION

 

Any legal action ofwhatever nature brought by either you or us (collectively, the “Parties” andindividually, a “Party”) shall be commenced or prosecuted in the state andfederal courts located in Delaware,and the Parties hereby consent to, and waive all defenses of lack of personaljurisdiction and forum non conveniens with respect to venue and jurisdiction insuch state andfederal courts. Application of theUnited Nations Convention on Contracts for the International Sale of Goods andthe Uniform Computer Information Transaction Act (UCITA) are excluded fromthese Terms and Conditions.

 

 

20. CORRECTIONS

 

There may beinformation on the Site that contains typographical errors, inaccuracies, oromissions, including descriptions, pricing, availability, and various otherinformation. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Site at any time, withoutprior notice.

 

 

21. DISCLAIMER

 

THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OURSERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WEDISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WEMAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILLASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THESITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT ANDMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USEOF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTOR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FORMONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANYMEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.

 

 

22. LIMITATIONS OFLIABILITY

 

IN NO EVENT WILLWE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, ORPUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHERDAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITEDTO  THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TOUS OR __________. CERTAIN US STATE LAWS AND INTERNATIONAL LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATIONOF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVEDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.

 

 

23. INDEMNIFICATION

 

You agree to defend,indemnify, and hold us harmless, including our subsidiaries, affiliates, andall of our respective officers, agents, partners, and employees, from andagainst any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising outof: (1) use of the Site; (2) breach of these Terms and Conditions;(3) any breach of your representations and warranties set forth inthese Terms and Conditions; (4) your violation of the rights of a thirdparty, including but not limited to intellectual property rights; or (5) anyovert harmful act toward any other user of the Site with whom you connected viathe Site. Notwithstanding the foregoing, we reserve the right, at your expense,to assume the exclusive defense and control of any matter for which you arerequired to indemnify us, and you agree to cooperate, at your expense, with ourdefense of such claims. We will use reasonable efforts to notify you of anysuch claim, action, or proceeding which is subject to this indemnification uponbecoming aware of it.

 

 

24. USER DATA

 

We will maintaincertain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site.Although we perform regular routine backups of data, you are solely responsiblefor all data that you transmit or that relates to any activity you haveundertaken using the Site. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right ofaction against us arising from any such loss or corruption of such data.

 

 

25. ELECTRONICCOMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

 

Visiting the Site, sending us emails, and completingonline forms constitute electronic communications. You consent to receiveelectronic communications, and you agree that all agreements, notices,disclosures, and other communications we provide to you electronically, viaemail and on the Site, satisfy any legal requirement that such communication bein writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. Youhereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signatureor delivery or retention of non-electronic records, or to payments or thegranting of credits by any means other than electronic means.

 

 

26. CALIFORNIA USERS ANDRESIDENTS

 

If any complaint withus is not satisfactorily resolved, you can contact the Complaint AssistanceUnit of the Division of Consumer Services of the California Department ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N 112,Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.

 

 

27. MISCELLANEOUS

 

These Terms andConditions and any policies or operating rules posted by us on the Site orin respect to the Site constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provisionof these Terms and Conditions shall not operate as a waiver of suchright or provision. These Terms and Conditions operate to the fullestextent permissible by law. We may assign any or all of our rights andobligations to others at any time. We shall not be responsible or liable forany loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Termsand Conditions is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Termsand Conditions and does not affect the validity and enforceability of anyremaining provisions. There is no joint venture, partnership, employment oragency relationship created between you and us as a result of these Termsand Conditions or use of the Site. You agree that these Terms andConditions will not be construed against us by virtue of having draftedthem. You hereby waive any and all defenses you may have based on the electronicform of these Terms and Conditions and the lack of signing by theparties hereto to execute these Terms and Conditions.

 

 

28. CONTACT US

 

In order to resolve acomplaint regarding the Site or to receive further information regarding use ofthe Site, please contact us at:

 

Spiraf, LLC

651 N Broad St, Suite201

Middletown, DE 19709

United States

support@spysales.com

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