Terms of Use

These Terms of Use and the Privacy Policy are an agreement that govern your use of SpinSix Strategic Marketing Design LLC ("SpinSix") website (the "Website"). Additional terms and conditions of use applicable to specific areas of the Website may also be posted on the Website. These Terms of Use, the Privacy Policy and any additional terms posted on the Website are referred to as the "Agreement". By accessing and using the Website, you acknowledge that you have reviewed and agree to be bound by this Agreement in connection with your use of the Website. SpinSix reserves the right to modify or supplement any or all of the terms of this Agreement from time to time without notice to you. SpinSix reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, information or content, at any time and without prior notice or liability. You are not authorized to use this Website in any jurisdiction where the terms of this Agreement are not enforceable.

Content

The Website may include articles and information which SpinSix believes will be of interest to its users. Some of the articles and information have been developed by SpinSix. Other articles and information are provided by third-party sources. SpinSix cannot ensure that information it provides is accurate, exhaustive or complete on every subject or that it will necessarily include all of the most recent information available on a particular topic. You are solely responsible for use of and reliance on this information. Information, software, text, photographs, graphics, links and other material (collectively, the "Content") provided on the Website are protected by copyright, trademark or other proprietary rights of SpinSix or of third parties. SpinSix grants you a limited nonexclusive license to use the information on the Website for your personal and noncommercial use. You may download or copy the Content for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission. Otherwise, you may not copy, store in electronic form, modify, print, transmit, transfer or sell, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without obtaining permission of the copyright owner, except as expressly permitted in this Agreement or permitted under copyright law.

Registration

To use portions of the Website, you may be required to register and provide personal data including contact information. You agree to provide true and accurate information in connection with your registration and to promptly notify SpinSix of any changes in the registration information. This Website is not intended for use by persons under the age of 18. By registering with SpinSix or using the Website, you agree that, to the extent set forth in the SpinSix Privacy Policy and subject to the limitations set forth therein, we may disclose any information you provide or that we obtain concerning your use of the Website. You are fully liable for all use of the Website accessed through your registration information, including any use by a user not authorized by you who accesses the Website using your registration information. You should promptly notify SpinSix of any unauthorized use of your registration information or other breach of security.

Contacts with Other Websites

SpinSix may include or provide links on the Website to other websites on the Internet, which may include information, opinions or recommendations of various individuals, organizations or companies. In providing such links, SpinSix does not represent to you that it has investigated the content of such information, opinions or recommendations, and does not warrant or guarantee the accuracy of such information or necessarily endorse any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that SpinSix has no control over such sites and is not responsible for the availability of such external sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites.

Exchange of Information

In connection with using the Website, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. SpinSix does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION.

THE MATERIALS ON THIS WEBSITE ARE PROVIDED TO YOU "AS IS, AS AVAILABLE." SPINSIX AND ITS AGENTS AND LICENSORS DO NOT WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH SPINSIX. NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPINSIX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT SPINSIX ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

UNDER NO CIRCUMSTANCES SHALL SPINSIX OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, (1) THE USE OR INABILITY TO USE THIS WEBSITE AND ITS CONTENT; (2) ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS WEBSITE; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE WEBSITE; OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF SPINSIX IS ADVISED OF THE POSSIBILITY THEREOF.

IF YOU BECOME DISSATISFIED WITH THIS WEBSITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND SPINSIX AND THE WEBSITE WOULD NOT BE PROVIDED FREE OF CHARGE WITHOUT SUCH LIMITATION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF BRIGHTSPOT, ITS AFFILIATES, AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend, and hold SpinSix harmless from and against any and all claims from third parties arising out of or in any way related to and any and all claims, losses, damages and expenses (including attorneys' fees) resulting from your use of the Website or breach of these terms and conditions, regardless of the form of action. You agree that any supplier of any portion of SpinSix Content shall be entitled to enforce its rights against you as though that supplier is a party to these terms and conditions.

General Terms
This Agreement, all intellectual property issues, and your rights and obligations shall be governed by the laws of the United States of America and the State of Arizona governing contracts wholly entered into and wholly performed within Arizona and any action to enforce these terms and conditions or in any manner related to SpinSix shall be brought exclusively in the federal or state courts located in Phoenix, Arizona and you agree to submit to the jurisdiction of such courts.

This Agreement constitutes the entire agreement between you and SpinSix with respect to the Website, and supersedes all previous written or oral agreements with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Website, the terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provision hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.

Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the SpinSix's copyright agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owners behalf.

SpinSix's Copyright Agent for Notice of claims of copyright infringement can be reached at:
Copyright Agent
SpinSix Strategic Marketing Design LLC
Address: 8800 Raintree Drive, Suite 165, Scottsdale, AZ 85260
Telephone: (480) 922-7211
Facsimile: (480) 922-0482
Email: legal@spinsix.com

Effective September 1, 2009