đź“„ Terms of Use
Last updated: July 28, 2023
Table of Contents
Agreement to Terms
Intellectual Property Rights
User Representations
User Registration
Prohibited Activities
User Generated Contributions
Contribution License
Submissions
Site Management
Privacy Policy
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
California Users and Residents
Miscellaneous
Contact Us
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement between you and Spiral Growth Systems (“Company,” “we,” “us,” or “our”) regarding your access to and use of the https://spiralgrowthsystems.com website and any related platforms (collectively, the “Site”).
By accessing the Site, you agree that you have read, understood, and accept all of these Terms of Use. If you do not agree, you are prohibited from using the Site.
We may update these Terms at any time. It’s your responsibility to review them periodically. Your continued use of the Site after changes have been posted constitutes acceptance of those changes.
This Site is not intended for use in jurisdictions where its contents or access would violate law or regulation. It is also not designed to comply with industry-specific regulations such as HIPAA or FISMA.
The Site is intended for users 18 years of age or older.
2. Intellectual Property Rights
All content on the Site—including code, databases, design, text, images, videos, and graphics (the “Content”)—and all trademarks and logos (the “Marks”) are owned or licensed by Spiral Growth Systems and are protected under intellectual property laws.
You are granted a limited, non-transferable license to access and use the Site for personal, non-commercial purposes only.
3. User Representations
By using the Site, you represent that:
All registration information is truthful and accurate.
You will maintain the accuracy of your information.
You have the legal capacity to enter into these Terms.
You are at least 18 years old.
You will not access the Site through automated or non-human means.
Your use of the Site complies with all applicable laws.
Failure to comply may result in suspension or termination of your account.
4. User Registration
You may be required to register with the Site. You are responsible for maintaining the confidentiality of your password and all activity under your account.
We may remove or change your username if we determine it is inappropriate or offensive.
5. Prohibited Activities
You agree not to:
Collect data or content from the Site without authorization.
Mislead or defraud users or us.
Interfere with security features or the Site’s functionality.
Harass, threaten, or abuse others.
Upload viruses, spam, or harmful scripts.
Use automated tools (bots, scrapers, etc.) to access the Site.
Attempt to bypass access restrictions.
Use the Site for commercial purposes not authorized by us.
6. User Generated Contributions
While the Site does not currently offer areas for user submissions, if you do contribute content (text, images, suggestions, etc.), you confirm that:
You own or have the rights to the content.
The content is not false, harmful, or offensive.
The content complies with laws and respects the rights of others.
Violations may result in suspension or deletion of your access.
7. Contribution License
By submitting content, you allow us to access, store, and use it in accordance with our Privacy Policy.
You retain ownership of your contributions. However, we may use submitted feedback without compensation. You agree not to hold us liable for any use of your contributions.
8. Submissions
Any ideas, feedback, or suggestions you send to us regarding the Site are considered non-confidential and become our sole property.
We may use and distribute such Submissions without acknowledgment or compensation to you.
9. Site Management
We reserve the right to:
Monitor the Site for violations.
Take legal action against violators.
Restrict or disable access at our discretion.
Remove or limit excessive or harmful content.
Manage the Site to ensure its performance and security.
10. Privacy Policy
Your use of the Site is also governed by our Privacy Policy:
https://spiralgrowthsystems.com/privacy-policy/
If you are located outside the United States, by using the Site, you consent to your data being transferred to and processed in the U.S.
11. Term and Termination
These Terms remain in effect as long as you use the Site. We reserve the right to suspend or terminate your access without notice for violations of these Terms or applicable laws.
You may not create a new account if your original account has been suspended or terminated.
12. Modifications and Interruptions
We may update, modify, or discontinue any part of the Site at any time without notice. We are not responsible for downtime, interruptions, or any loss of access to the Site.
There is no guarantee the Site will always be available, and we are not obligated to maintain or support it.
13. Governing Law
These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
14. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those expressly excluded below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), available at www.adr.org. Your arbitration fees and arbitrator compensation shall be governed by the AAA Consumer Rules. Arbitration may be conducted in person, by phone, online, or by document submission. The arbitrator will issue a written decision but need not provide a statement of reasons unless requested. Arbitration will take place in Los Angeles, California, except where otherwise required.
If any Dispute proceeds in court rather than arbitration, it shall be commenced or prosecuted in state or federal courts in Los Angeles, California, and the Parties consent to jurisdiction and venue there.
Disputes must be brought within one (1) year of the cause of action.
Restrictions
Arbitration is limited to individual Disputes; no class actions, joinder with other proceedings, or representative capacity arbitration.
Exceptions to Negotiations and Arbitration
The following Disputes are excluded: (a) disputes regarding intellectual property rights; (b) disputes involving theft, piracy, privacy invasion, or unauthorized use; (c) claims for injunctive relief.
15. CORRECTIONS
The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct errors and update information on the Site at any time without prior notice.
16. DISCLAIMER
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF SITE CONTENT OR ANY LINKED WEBSITES AND ASSUME NO LIABILITY FOR ERRORS, PERSONAL INJURY, UNAUTHORIZED ACCESS, INTERRUPTION, VIRUSES, OR ANY DAMAGES RESULTING FROM USE OF THE SITE.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY.
OUR LIABILITY TO YOU FOR ANY CAUSE WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO US IN THE ONE (1) MONTH BEFORE THE CAUSE OF ACTION.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF DAMAGES; IF APPLICABLE, SOME DISCLAIMERS OR LIMITATIONS MAY NOT APPLY.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our affiliates and employees, from any loss, damage, liability, claim, or demand (including attorneys’ fees) arising from:
(1) your use of the Site;
(2) breach of these Terms;
(3) breach of your representations;
(4) violation of third-party rights; or
(5) harmful acts toward other users.
We may assume control of your defense at your expense and you agree to cooperate.
19. USER DATA
We maintain certain data you transmit to the Site for managing performance and usage. Despite backups, you are solely responsible for your data. We are not liable for loss or corruption of your data, and you waive any claims related to such loss.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the Site and communicating with us electronically constitutes consent to receive electronic communications. All agreements, notices, disclosures, and other communications may be delivered electronically and satisfy legal requirements.
You agree to the use of electronic signatures, contracts, orders, records, and electronic delivery of notices, waiving any rights requiring original signatures or paper records.
21. CALIFORNIA USERS AND RESIDENTS
If a complaint is not resolved satisfactorily, you may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs at:
1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210 or (916) 445-1254
22. MISCELLANEOUS
These Terms and any policies posted on the Site constitute the entire agreement between you and us. Our failure to enforce any right or provision is not a waiver. These Terms operate to the fullest extent permitted by law.
We may assign our rights and obligations at any time. We are not liable for delays or failures caused by events beyond our control.
If any provision is found unenforceable, it is severed without affecting remaining provisions.
No joint venture, partnership, employment, or agency relationship is created by these Terms.
You waive any defenses based on electronic format or lack of signature.
23. CONTACT US
To resolve complaints or for more information, contact:
Spiral Growth Systems
30 N Gould St Suite R, Sheridan, WY 82801, USA
Phone: (+1) 323-968-5188
Email: [email protected]