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SpinSaver™ Terms Of Use

Last Revised: Tuesday, January 03, 2012

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.  THESE TERMS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS INTERNET SITE.  BY USING THIS SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS.  IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS SITE.

  1. Introduction / Background
    This Internet website, www.spinsaver.com (the “Site”), and the content and information contained on and in and comprising the pages that make up the Site (the “Site Content,” defined, below, in Section 4 of this Terms of Use), are owned and operated by SpinSaver LLC (“SpinSaver,” also referred to herein as “we,” “us” or “our.”).  The following are the Terms and Conditions of Use established by the SpinSaver concerning your use of and access to the Site, the Site Content, and the services offered by SpinSaver in and through the Site (the “SpinSaver Services” or the “Services”).

    By accessing this Site, you signify that you have read, understand and agree to be bound by these Terms of Use (the “Terms of Use” or the “Agreement”), whether or not you have registered with the Site.  The term “you” refers to the person accessing or using the Site or accessing, participating in, or utilizing the SpinSaver Services, or the company or organization on whose behalf that person accesses the Site or access, participates in, or utilizes the SpinSaver Services.

    Please review the following terms carefully.  By using the Site or any of the Services, you AGREE to these terms, as well as our Privacy Policy, incorporated here by reference, and all of these terms will govern your use of the Site and our Services.  If you do not agree with any of these Terms of Use, or to any change which SpinSaver may make to these Terms of Use (as further described below), your sole and exclusive remedy is to not use or access or to discontinue using or accessing the Site and to not access, participate in and/or utilize or to discontinue accessing, participating in and/or utilizing any aspect of the Services, and SpinSaver expressly disclaims any other liability to you, to which you expressly agree under these Terms of Use.

    SpinSaver reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.  If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.  Your continued use or access of the Site and/or continued access to, participation in, or utilization of any SpinSaver Service after any such changes constitutes your express acceptance of the new Terms of Use.

    It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

    PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.  THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED BETWEEN YOU AND SPINSAVER REGARDING THESE TERMS OF USE.
     
  2. Eligibility
    Registration to the Site and accessing, participating in, and utilizing any aspect of the Services offered through the Site is void where prohibited.

    This Site is intended solely for users who are thirteen (13) years of age or older; however, ONLY individuals who are eighteen (18) years of age or older are allowed to register with the Site (“Register” or “Registration”) and access, participate in and/or utilize the SpinSaver Services.  Any Registration by or access, participation and/or utilization of any SpinSaver Service by anyone under the age of 18 in contravention of these Terms of Use is unauthorized, unlicensed and in violation hereof.  In addition, any access to the Site by anyone under the age of 13 in contravention of these Terms of Use is unauthorized, unlicensed and in violation hereof.  By Registering with the Site and/or accessing, participate in and/or utilizing any of the SpinSaver Services, you represent and warrant that you are 18 year of age or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.  If you are between the ages of 13 and 18, you may ONLY access and review the Site; you may not Register with the Site and you may not access, participate in and/or utilize any SpinSaver Service.

    In addition, if you are under 18, please do not send us any information about yourself, including your name, address, telephone number, or email address.  In the event that we learn that we have collected personal information from a minor under the age of 18, we will delete that information.  If you believe that we might have any information from or about a minor under the age of 18, please contact us through the Contact link located on the bottom of each page of the Site.
     
  3. Registration Data; Account Security
    In order to access, participate in, and/or utilize the SpinSaver Services, you must Register with SpinSaver by creating a personal user account (“Personal Account”) with SpinSaver.  A Personal Account may be created either by Registering directly with SpinSaver or by allowing a SpinSaver application to connect to your personal Facebook® profile.  When Registering with the Site, you agree to: (1) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (your “Personal Registration Data”); (2) maintain the security of your personal password (your “Password”) and your personal user identification (your “Personal User ID”); (3) maintain and promptly update your Personal Registration Data, and any other information you provide to SpinSaver, and to keep it accurate, current and complete; and (4) be fully responsible for all use of your Personal Account and for any actions that take place using your Personal Account.

    Access to YOUR Personal Account and access to, participation in, and/or utilization of the SpinSaver Services under YOUR Personal Account is not authorized by any other person or entity other than YOU; using your Personal User ID is not authorized by any other person or entity other than YOU; and YOU are responsible for preventing such unauthorized access to your Personal Account and use of your Personal User ID.  Individuals and entities whose privilege to access the Site and/or privilege to access, participate in and utilize the SpinSaver Services has previously been terminated by SpinSaver may not re-register for a new Personal Account, nor may you designate any of those individuals to use your Personal Account on your behalf.

    SpinSaver relies on Registration Data, including Personal User IDs, to identify Users and to know whether such Users who are accessing the Site and/or accessing, participating in and/or utilizing the SpinSaver Services are authorized to do so (the term “Users” being identified in Section 4 of these Terms of Use, below).  If someone accesses the Site or the SpinSaver Services using a Personal User ID that SpinSaver issued to you, SpinSaver will rely on that Personal User ID, and the Registration Data associated therewith, and will assume that access to the Site and/or access to, participation in, and utilization of the SpinSaver Services was made by you.  Please notify us IMMEDIATELY in the event that become aware that your unique SpinSaver Personal User ID and/or Personal Account are being used without authorization and/or in violation of the terms and conditions of these Terms of Use.
     
  4. Proprietary Rights in Site Content; Limited License
    All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (previously identified as the “Site Content”), is the proprietary property of SpinSaver, Users of the Site (collectively, the “Users”), SpinSaver’s licensors (the “Licensors”) and third party merchants participating in the Services (the “Merchants”), with all rights reserved to those respective parties.  No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SpinSaver’s prior written permission, except that the foregoing does not apply to your own, personal User Content (the term “User Content” being defined in Section 6 of these Terms of Use, below) that you legally post on the Site.

    Notwithstanding the foregoing limitation, however, provided that you are eligible to access the Site, create a Personal Account, and/or access, participate in and/or utilize the SpinSaver Services, you are granted a LIMITED LICENSE (the “License”) to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, and further, provided that you keep all copyright or other proprietary notices intact.  Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information of any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited.  Such License is subject to these Terms of Use and this grant of License does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.  Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of SpinSaver, is strictly prohibited and will terminate the License granted herein, and may subject your Personal Account to termination by SpinSaver, the termination of which may be exercised by SpinSaver in its sole and absolute discretion.  Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.  Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.  This License is revocable at any time without notice and with or without cause, in the sole and absolute discretion of SpinSaver, without any right or recourse as to any such revocation.
     
  5. User Conduct
    Your permission to access the Site, whether you have Registered or not, and further, your permission to Register with the Site, create a Personal Account, and/or access, participate in, and/or utilize any SpinSaver Service, is expressly conditioned upon your agreement that you:In addition, in order to access the Site, whether you have Registered or not, and further, in order to Register with the Site, create a Personal Account, and/or access, participate in, and/or utilize any SpinSaver Service, you expressly agree NOT to engage in any of the following activities:In addition, you hereby acknowledge, affirm and agree that SpinSaver has the sole and exclusive right to: i) determine whether any User Content submitted by you is appropriate and complies with these Terms of Use, ii) remove any and/or all User Content submitted by you, and iii) terminate your Personal Account with SpinSaver with or without prior notice.
    • are 13 years of age or older, but you must be 18 years of age or older to Register with SpinSaver and access, participate in, and/or utilize any SpinSaver Service;
       
    • will comply with all of the terms and conditions of these Terms of Service;
       
    • will not copy and/or distribute any part of the Site and/or the Site Content in any medium without SpinSaver’s prior written authorization;
       
    • will provide accurate and current Registration Data when Registering with SpinSaver and creating your Personal Account;
       
    • will provide accurate and current information when accessing, participating in and/or utilizing any SpinSaver Service;
       
    • are solely responsible for your Personal User ID and any and all activity that occurs while accessing and/or utilizing your Personal Account or while using your personal SpinSaver Personal User ID;
       
    • are solely responsible for the User Content that you submit to the Site, including discussion posts, profile information and links, pictures, and any and all other such content;
       
    • represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize SpinSaver to use any and all User Content submitted by you to the Site in accordance with the Licenses granted in this Agreement; and
       
    • hereby grant each User a non-exclusive License to access the User Content that you submit to the Site and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through and under these Terms of Use and the limited License(s) granted hereunder to other Users of the Site and/or the Services rendered therein.
       
    • harvest or collect email addresses or other contact information of other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
       
    • use the Site and/or the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site or the Services provided therein;
       
    • use automated scripts to collect information from or otherwise interact with the Site or any of the Services provided therein;
       
    • use the communication systems provided by or contacts made on the Site or through the SpinSaver Services for any commercial solicitation purposes;
       
    • upload, post, transmit, share, store or otherwise make available any content that SpinSaver deems, in its sole and absolute discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
       
    • register for more than one Personal Account, register for a Personal Account on behalf of an individual other than yourself, or register for a Personal Account on behalf of any group or entity of which you are not authorized to represent in such capacity;
       
    • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
       
    • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
       
    • upload, post, transmit, share, store or otherwise make publicly available on the Site or through the Services any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
       
    • solicit personal information from anyone under 18 or solicit Passwords, Personal User IDs, Personal Registration Data, Personal Account information, any other User’s personal information or personally identifying information for commercial or unlawful purposes;
       
    • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
       
    • intimidate or harass any other User or any other person;
       
    • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
       
    • use or attempt to use another’s Password, Personal User ID, Personal Registration Data, Personal Account, Personal Account information, or any other User’s personal information, without authorization from SpinSaver, or create a false identity on the Site or within the Services;
       
    • upload, post, transmit, share, store or otherwise make available content that, in the sole and absolute judgment of SpinSaver, is objectionable or which restricts or inhibits any other User from using or enjoying the Site, or which may expose SpinSaver or its Users to any harm or liability of any type;
       
    • submit any User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such User Content to SpinSaver;
       
    • upload, post, transmit, share, store or otherwise make available anything that may be harmful to minors;
       
    • attempt to reverse engineer or jeopardize the correct functioning of the Site or the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site and/or the Services rendered therein; and/or
       
    • attempt to gain access to secured portions of the Site or the Services to which you do not possess any access rights.
       
  6. User Content Posted on the Site; License Granted to SpinSaver
    You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, files, listings, and other content that you upload, publish, display, store or otherwise make available (hereinafter, collectively, “post” or “posting”) on or through the Site or the Services, or transmit to or share with other Users of the Site or Services (collectively, the “User Content”).  You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post.  You understand and agree that SpinSaver may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole and absolute discretion, for any reason or no reason, including User Content that in the sole and exclusive judgment of SpinSaver violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.  You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content that you post or store on the Site or provide to SpinSaver.

    When you post User Content to the Site, you authorize and direct SpinSaver to make such copies thereof as SpinSaver deems necessary in order to facilitate the posting and storage of User Content on the Site.  By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SpinSaver an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense to Users and/or other third parties) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.  You may remove your User Content from the Site at any time.  If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that SpinSaver may retain archived copies of your User Content and that cached copies of your User Content may be retained on or within SpinSaver’s servers and network platform and generally on or within the Internet (of which SpinSaver has no control).  SpinSaver does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

    If you have any rights to your User Content that cannot be licensed to SpinSaver in accordance with these terms (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against SpinSaver or related to SpinSaver’s Users and third-party our customers and partners anywhere in the world, with respect to such rights.

    In addition, when you use the Site, you agree not to revise or obscure any Site Content posted by other Users of the Site, including advertising and promotions authorized by SpinSaver.

    Though SpinSaver endeavors to enforce these Terms of Use consistently and uniformly with all of its Users, there is the possibility that you may be exposed through the Site or the Services to certain Site Content posted by other Users that violates these Terms of Use or that you may otherwise deem to be offensive.  As such, use of the Site and the SpinSaver Services IS AT YOUR OWN RISK.  We may, but are not obligated to, terminate User Personal Accounts and/or remove any Site Content, including any User Content, if we determine or suspect that such User Personal Accounts, Site Content and/or User Content violate the terms and conditions of these Terms of Use, or any other applicable agreement with the offending party or parties.  You hereby acknowledge, represent and agree that SpinSaver accepts absolutely no responsibility for your exposure to any Site or User Content – whether it violates these Terms of Use or any other SpinSaver policy or not.
     
  7. Third Party Websites and Content
    The Site contains (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”), over which SpinSaver has no control.  Such Third Party Sites are not owned, controlled or operated by SpinSave, and such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by SpinSaver.  Additionally, SpinSaver cannot and will not censor or edit any Third Party Content.  As such, SpinSaver is not responsible for any Third Party Sites accessed through the Site and/or the Services or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content.  Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by SpinSaver.  If you decide to leave the Site and/or the Services provided through the Site and access any Third Party Site or use any Third Party Content, you do so at your own risk and you should be aware that SpinSaver’s terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any Third Party Content that you access from the Site.  By accessing the Site, you expressly relieve SpinSaver from any and all liability arising from your use of any Third Party Site or exposure to Third Party Content.
     
  8. Privacy
    SpinSaver cares about the privacy of its Users.  Click here to view SpinSaver’s Privacy Policy.  By using the Site and/or the Services, you hereby consent to have your personal data, including, but not limited to, Registrant Data, Personal Account information, User Content, etc., transferred to and processed in the United States.
     
  9. Disclaimers
    SpinSaver is not responsible or liable in any manner for any Site Content, including any User Content or Third Party Content, posted on the Site or used in connection with the Services, whether posted or caused by Users of the Site, by SpinSaver, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Services.  Although SpinSaver provides rules for User conduct and postings, specifically through these Terms of Use, SpinSaver does not control and is not responsible for what Users and/or third parties post, transmit or share on the Site, and you expressly acknowledge, affirm and agree that SpinSaver is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Site Content, including any User Content and/or Third Party Content.  SpinSaver is not responsible for the conduct, whether online or offline, of any User of the Site or the Services provided through the Site.

    The Site and/or the Services may be temporarily unavailable from time to time for maintenance or other reasons.  SpinSaver assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications or postings by any User of the Site and/or the Services.  SpinSaver is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Site (or combination thereof), including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from accessing the Site and/or the Services rendered therein, and/or using or downloading any Site Content, including any User Content and/or Third Party Content, any materials in connection with the Internet and/or in connection with the Services.  Under no circumstances will SpinSaver be responsible for any loss or damage, including any loss or damage to any User Content, or any loss or damage, including, but not limited to, personal injury or death, to any User resulting from any access or use of: i) the Site or the Services, ii) any Site Content, including any User Content or Third Party Content posted on or through the Site and/or the Services provided therein or transmitted to or shared with Users, or iii) any interactions of any kind by, between and among Users of the Site and/or of the Services provided therein, whether online or offline.

    THE SITE, THE SERVICES AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND SPINSAVER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  SPINSAVER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.  SPINSAVER DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT OR MATERIALS ON THE SITE OR THROUGH THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE SERVICES, THE SITE CONTENT, OR THE SITE’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.  WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR MATERIAL FROM OR THROUGH THE SITE AND/OR THE SERVICES SHALL BE AND ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER HARM OF ANY KIND THAT MAY RESULT THEREFROM.

    SpinSaver reserves the right to change any and all content, software and other items used or contained in or comprising the Site and any Services offered through the Site, at any time without notice.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SpinSaver.
     
  10. Limitation on Liability
    YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPINSAVER IS TO DISCONTINUE YOUR ACCESS OF AND TO THE SITE AND DISCONTINUE ACCESS TO, PARTICIPATION IN, AND/OR UTLIZATION OF THE SPINSAVER SERVICES.  IN NO EVENT WILL SPINSAVER OR ITS DIRECTORS, EMPLOYEES OR AGENTS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES, EVEN IF SPINSAVER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPINSAVER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPINSAVER ANY SERVICES DURING THE TERM OF YOUR REGISTRATION TO THE SITE; BUT IN NO CASE WILL SPINSAVER’S LIABILITY TO YOU EXCEED $100.00.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SPINSAVER FOR ANY SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY (ASSUMING THAT YOU ARE LEGALLY ENTITLED TO ANY SUCH EQUITABLE RELIEF), UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM SPINSAVER, REGARDLESS OF THE CAUSE OF ACTION.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
     
  11. Trademarks
    The SPINSAVER name and mark and other SpinSaver graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks and/or trade dress of SpinSaver in the U.S. and/or other countries.  SpinSavers trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of SpinSaver.
     
  12. Intellectual Property
    You acknowledge and agree that SpinSaver and its Users and Third Party Licensors retain any and all of ownership in and to each such party’s respective intellectual property rights related to the Site and the Services provided therein, including applicable copyrights, trademarks and other proprietary rights.  Other than as expressly set forth herein, these Terms of Use do not grant any license to you under any of those intellectual property rights except for the limited right to use the Site and the Services in accordance with the terms and conditions of these Terms of Use.  Any and all trademarks, trade dress, copyrights and other intellectual property appearing on and comprising the Site and/or through the Services provided through the Site (collectively, and respectively, the “Intellectual Property”) are the Intellectual Property of their respective owners.  SpinSaver, and the respective owners of all other Intellectual Property not owned by SpinSaver, expressly reserve any and all rights that are not expressly granted to you in these Terms of Use.

    The Intellectual Property contained in and comprising the Site and the Services rendered through the Site are provided by SpinSaver to you “AS IS” for your information and personal use only and may not, except as provided in these Terms of Use, be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective Intellectual Property owners.
     
  13. Copyright Complaints
    SpinSaver respects the intellectual property rights of others and prohibits Users from uploading, posting or otherwise transmitting on the Site or through the Services any materials that violate another party’s intellectual property rights.  SpinSaver complies with the copyright claim reporting (“Notice”) and counter notice (“Counter-Notice”) procedures of the Digital Millenium Copyright Act, 17 U.S.C. §512 (the “DMCA, as set forth herein.
    1. Copyright Complaints
      Copyright infringement claims may be made by using SpinSaver’s DMCA Notice process.  When we receive a proper Notice of an alleged copyright infringement, SpinSaver promptly removes or disables access to the allegedly infringing material and terminates the Personal Accounts of repeat infringers as described herein in accordance with the DMCA.  If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written DMCA Notice to SpinSaver’s Designated Agent.

      Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a User’s content is infringing.  Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA Copyright Claim with us.

      A DMCA copyright infringement claim Notice may be filed with SpinSaver’s Designated Agent as follows:
      1. Provide your full name, mailing address and telephone number.
         
      2. Provide your email address for purposes of this claim ((Note: We routinely provide this email address to the user that posted the content you are reporting).
         
      3. Identify the copyrighted work that you claim has been infringed.
         
      4. Identify the content on our site that you claim infringes your copyright.
         
      5. Where does the infringing content appear on our site?  In almost all instances, the best way to help us locate the content you are reporting is to provide us with the URL.
         
      6. How does the content infringe your rights?  (This question is optional, and is not required by the DMCA.  However, providing this information may preempt any potential need for follow-up questions should your notice be unclear.)
         
      7. By submitting this notice, you declare that you have a good faith belief that use of the copyrighted content described above, in the manner you have complained of, is not authorized by the copyright owner, its agent, or the law.  You also declare that the information in this notice is accurate.  And finally, you declare under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
         
      8. Forward ALL of the above information, including your signature as to (g) to SpinSaver’s Designated Agent at:

        Michael Seltzer
        SpinSaver, LLC – DMCA Notice
        1442 Broad Street, Suite 203
        Bloomfield, NJ 07003
         
    2. Responding to Claims of Copyright Infringement
      When SpinSaver receives a proper Notice of an alleged copyright infringement, SpinSaver promptly removes or disables access to the allegedly infringing material.  However, while SpinSaver does not tolerate copyright infringement, we also do not tolerate false claims of infringement.  If your material has been removed by SpinSaver as a result of a claim of copyright infringement Notice made against you as to that material, you may formally respond to and/or appeal our decision to remove the allegedly infringing material. 

      If you believe that content that you posted on the site was removed by mistake, you can file a DMCA Counter-Notice.  Upon our review of your Counter-Notice report and finding that everything appears to be in order, we will forward it to the complaining party who filed the original Notice.  The DMCA then allows SpinSaver to restore your content if the original complaining party who filed the Notice with SpinSaver does not file a court action against you within 10 business days of receiving the copy of your Counter-Notice.

      Please be aware that the DMCA makes users liable for materially misrepresenting in a Counter-Notice that their content was removed by mistake.  Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA Counter-Notice with us.

      A DMCA Counter-Notice may be filed with SpinSaver’s Designated Agent as follows:
      1. Provide your full name, mailing address and telephone number.
         
      2. Provide your email address for purposes of this claim ((Note: We routinely provide this email address to the individual who has made the DMCA Notice against you.
         
      3. IP Notification Number (in the subject line of the email we sent you).
         
      4. What was the content that we removed or disabled by mistake?
         
      5. Where did that content appear on the SpinSaver Internet website?  In almost all instances, the best way to help us locate the content you are reporting is to provide us with the URL, if you know it.
         
      6. Why did we make a mistake in removing the content?  (This question is optional, and is not required by the DMCA.  However, providing this information may preempt any potential need for follow-up questions should your notice be unclear.)
         
      7. By submitting this counter-notice, you:
        • Consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which SpinSaver, LLC may be found, including the Eastern District of Pennsylvania.
           
        • Agree to accept service of process from the party who reported your content, or that party’s agent.
           
        • State under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification.
           
      8. Forward ALL of the above information, including your signature as to (g) to SpinSaver’s Designated Agent at:

        Bob Smith
        SpinSaver, LLC – DMCA Counter-Notice
        1234 South Main Street
        Newtown, PA 12245
         
    3. Repeat Infringer Policy
      In accordance with the DMCA and other applicable law, SpinSaver has adopted a policy of terminating, in appropriate circumstances and at SpinSaver’s sole discretion, Users, and their Registrations Personal Accounts, who are deemed to be repeat infringers.  SpinSaver may also, at its sole discretion, limit access to the Site and/or terminate Users, and their Registrations Personal Accounts, who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
       
  14. Termination
    SpinSaver may terminate your Registration to the Site, delete your User Content and any other content or information that you have posted on the Site and/or prohibit you from using or accessing the Site, any Service provided through the Site, or any portion, aspect or feature of the Site or the Services, for any reason, or for no reason, at any time in SpinSaver’s sole and absolute discretion, with or without notice, including if SpinSaver believes that you are under 13.  SpinSaver may also change or discontinue the Site or any of the Services through the Site, or any portion, aspect or feature of the Site or the Services, at any time without prior notice.  SpinSaver reserves the right to terminate this Agreement at its election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of the terms and conditions set forth within these Terms of Use.  In the event of any termination, you will immediately cease access to the Site and the Services.
     
  15. Governing Law; Venue and Jurisdiction
    By visiting or using the Site and/or the Service, you agree that the substantive and procedural laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SpinSaver or any of its partners, affiliates, customers with regard to the Services rendered through the Site.  With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of the State of New Jersey, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of the State of New Jersey.  In the event that any suit is initiated by you in contravention to this provision, you will be responsible and obligated to pay any and all costs incurred by SpinSaver to transfer that suit to the State of New Jersey, including all reasonable attorneys fees and costs.
     
  16. Arbitration
    YOU AND SPINSAVER (COLLECTIVELY, THE “PARTIES,” AND INDIVIDUALLY, “A PARTY,” OR “THE PARTY”) AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED WITH REGARD TO SPECIFIC SERVICES PROVIDED THROUGH THE SITE AND IN SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICES PROVIDED THROUGH THE SITE (INCLUDING YOUR ACCESS TO OR USE OF THE SITE AND/OR ANY OF THE SERVICES) SHALL BE FINAL AND BINDING ARBITRATION (“ARBITRATION”), except that: (a) to the extent that either Party has in any manner infringed upon or violated or threatened to infringe upon or violate the other Party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules as set forth in these Terms of Use, then the Parties acknowledge that Arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

    Arbitration under these Terms of Use shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”).  The location of the arbitration shall be in Bucks County of the Commonwealth of Pennsylvania and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes).  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

    IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SITE AND/OR THE SERVICES RENDERED THEREIN, INCLUDING YOUR ACCESS TO AND USE OF THE SITE AND/OR THE SERVICES, BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARONSE, OTHERWISE, SUCH CAUSE OF ACTION IS AND SHALL BE PERMANENTLY BARRED.
     
  17. Indemnity
    You agree to indemnify and hold SpinSaver, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with or from: 1) your use and access to the Site; 2) your access to, participation in and/or utilization of any SpinSaver Service; 3) your violation of any term or condition of these Terms of Use Agreement; 4) your violation of any third party right, including, but not limited to, any copyright, intellectual property right, right of privacy, or other third party right; 5) any claim that any User Content submitted by you causes damage to a third party; 6) any claim that any Third Party Content that you post or share on or through the Site causes damage to a third party; or 7) any claim that your use and access to the Site or your access to, participation in and/or utilization of any SpinSaver Service is in violation of the rights of any third party or causes damage to a third party.  This defense and indemnification obligation will survive these Terms of Use and your use of and access to the Site and/or your access to, participation in, and/or utilization of the SpinSaver Services.
     
  18. Submissions
    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service provided by you to SpinSaver (the “Submissions”) are non-confidential and shall become the sole property of SpinSaver.  SpinSaver shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
     
  19. Definitions and Constructions
    Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter.  Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use, unless specified otherwise.
     
  20. Reservation of Rights and Release
    SpinSaver reserves the right, but has no obligation, to monitor, or take any action SpinSaver deems appropriate regarding disputes that you may have with other customers of ours or any Merchants.  To the extent the law permits, you release us from any claims or liability related to any Site Content, including any User Content and Third Party Content, e.g., Merchant Content, from any claims related to the conduct of any other customers of ours or any Merchants.  You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “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.”
     
  21. Misc.
    These Terms of Use constitute the entire agreement between you and SpinSaver regarding your use of the Site and/or the Services rendered therein and supersede any prior agreements between you and SpinSaver relating to your use of the Site or the SpinSaver Services, or any portion thereof.  You and SpinSaver are independent contractors, and nothing in these Terms of Use creates a partnership, employment relationship or agency.  There are no third-party beneficiaries of this Agreement.  You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without SpinSaver’s prior written consent, and any attempt by you to do so will be invalid.  Should any part of these Terms of Use be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions of this Agreement shall remain in full force and effect.  SpinSaver’s failure to enforce any provision of these Terms of Use shall not be considered a waiver of SpinSaver’s right to enforce such provision.  SpinSaver’s rights under this Agreement shall survive any termination of this Agreement.  SpinSaver may change the terms of this Terms of Use Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site.  It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement.

Purchase FAQ

What happens once I purchase a deal?

After you purchase your deal, the Voucher will be available to print right away. You will also be emailed a copy if you would like to print it later.

When can I use my deal?

Check the details on the deal to see the eligible dates. In most cases, you will be able to use the Voucher right away

Can I give a Voucher as a gift?

Definitely! A deal Voucher makes a great gift for any occasion. You can either give the Voucher to the recipient or forward it to them via email. Don’t forget to check out our customized gift option during checkout.

Is it safe to use my credit card on SpinSaver.com?

Yes. We do not store any credit card information on our servers to each transaction is completely secure.

How do you handle refunds?

If you have any issues or questions about your purchase, please email us at
customerservice@spinsaver.com. If a business closes or won’t honor your Voucher for any reason, contact us and we will refund your purchase price in the form of ‘SpinBucks’ for future purchases.

Can I use my Voucher after the expiration date?

If you don’t use the Voucher before it expires, some merchants will still honor the cash value paid for the Voucher, but generally not the face value.  Please refer to our refund policy above or contact us at customerservice@spinsaver.com if any issues arise.

When does the paid value of my Voucher expire?

The paid value will expire 5 years after the date of purchase, unless otherwise prohibited by law.