Terms of Use - The Spyder 360™
Use of this Website. We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website, subject to these Terms of Use. The graphical design and interface design of this Web site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material.
Terms & Conditions of Use
These Terms and Conditions of Use (these “Terms of Use”) apply to the websites located at www.thespyder360.com, and all associated sites linked to www.TheSpyder360.com by The Spyder 360™, its subsidiaries, The Spyder 360™ and affiliates (collectively, the “Website”). The Website is the property of The Spyder 360™, its subsidiaries and affiliates (“The Spyder 360™” or “we”) and its licensors. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
Website Contents. The contents of this Website are © 2012-2018, The Spyder 360™., LLC. You may not modify the information or materials displayed on or that can be downloaded from this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Products and Specifications. Although we try to ensure that the information on the Website is accurate, sometimes information on the Website may contain typographical errors or other inaccuracies, or may be incomplete or out-of-date. All features, content, specifications, products and prices of products described or listed on our Website, are subject to correction or change at any time without notice. Of course, if you are not completely satisfied, you may return most of our products for any reason within 30 days of the purchase date. Online Videos are offered only for your private, non-commercial home use and may not be duplicated.
Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this website, including The Spyder 360™, Raising the power of fitness™, Get the most out of your workout™, Unlimited Range of Motion™, are registered to The Spyder 360™, and unregistered trademarks, trade names, and service marks of The Spyder 360™. Nothing contained on this Website grants or should be construed as granting any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of The Spyder 360™.
Health-Related Information. The results that you experience from using our products, if any, may vary depending upon many factors, including how often and how you use the products, and your initial health and fitness level. Accordingly, we do not guarantee any results from purchasing or using our products. If you are not satisfied, most of our products may be returned for up to 30 days after purchase. You should consult with your physician before beginning this or any other exercise/diet regimen. You should carefully read carefully all product instructions prior to use.
Orders. While it is our practice to confirm orders by email, our email order confirmation does not constitute our acceptance of an order. We reserve the right to limit the order quantity on any product or service and/or to refuse service to any customer without prior notice. We may require verification of information prior to the acceptance and/or shipment of any order.
Shipping Limitations. All purchases from this Website are made pursuant to a shipment contract and risk of loss and title for items purchased from this Website pass to you when we deliver the products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Unsolicited Ideas. Neither The Spyder 360™ nor its employees accept or considers unsolicited ideas, including ideas for new or improved products, product enhancements, processes, materials or other ideas. This policy is intended to avoid misunderstandings or disputes that could arise if The Spyder 360™ products or marketing efforts appear similar to unsolicited ideas submitted to us. If you submit your ideas to us anyway, then you agree that your ideas will automatically become the property of The Spyder 360™, without compensation to you and The Spyder 360™ can use the ideas for any purpose and in any way and may even give or sell the idea to someone else. These terms apply even if you include other terms or conditions along with your ideas.
DISCLAIMERS. USE OF THIS SITE IS AT YOUR OWN RISK. THE MATERIALS, PRODUCTS, INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE SPYDER 360™ DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND THE SPYDER 360™ MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THE SPYDER 360™ OR THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY.
Third Party Links. This Website may contain links to websites that we do not own, control or operate. We provide these links solely as a convenience to you. If you follow these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
Limitations of Liability. The Spyder 360™ assumes no responsibility, nor will The Spyder 360™ be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this Website. IN NO EVENT WILL THE SPYDER 360™, OR ANY OF ITS OFFICERS, SHAREHOLDERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE PRODUCT WARRANTY AND RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
Domestic Use; Export Restriction. We control the Website from our offices within the United States of America. We make no representation that the Website or its content (including, without limitation, any products or services available on or through the Website) are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories. No content from the Website may be downloaded in violation of United States law.
Indemnity. You agree to indemnify and hold The Spyder 360™, and our affiliates, licensors, subsidiaries, officers, directors, members, agents, employees, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Website, your connection to our Website, your violation of these Terms and Conditions, or your violation of any rights of another party. This indemnity survives termination of these Terms and Conditions.
Changes and Updates. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Website following the posting of changes means that you accept and agree to the changes.
Governing Law; Dispute Resolution. You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Nashville, Tennessee, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between The Spyder 360™ and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us by Email: customerservice@thespyder360.com
Phone: 1.800.780.1578 (Mon - Fri - 8am-5pm - Central Time USA)