PLEASE READ THESE TERMS OF USE CAREFULLY

BY USING THE WEBSITE OR SPIRALOGICS STORE PRODUCT OR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE OUR PRODUCTS AND SERVICES.

Product or service on Spiralogics Store is offered and available to users who are 18 years of age or older. Although the use of those products or service may be beneficial to minors of certain age, it’s use is strictly prohibited without the consent of their parent or guardian. By using the Website/Products/Services, you represent and warrant that you meet the foregoing eligibility requirements. If you do not, you must not access or use Spiralogics Store service.

By using this Website and our related products and services, you signify your assent to these Terms of Use and our Privacy Policy. (Note: the use of the word “Terms” also includes the term and concept of “conditions.”). We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site now or following the position of change to these terms all signify that you accept these Terms and/or changes. Your violation of these Terms, at a minimum, will result in your loss of the right to use our website/products/services, as we may decide in our absolute discretion.

1. RESTRICTIONS ON USE OF MATERIALS.

   All materials on this site, including but not limited to text, images, designs, audio, graphics, logo, software, and the like (collectively called the “materials”) are owned or licensed by Spiralogics Store (called also “The Company”), or its content suppliers and protected by U.S and international laws. All trademarks, service marks, and trade names are proprietary to the Company. You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any materials from our website without the prior written permission of the Company. However, you may download or make one copy of the Materials, and other downloadable items for personal, noncommercial home use only, provided all Copyright and other notices on the Materials are left intact. Any modification or use of the Materials for any other purpose is an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without the prior written permission of the Company.

2. DISCLAIMER.

   THIS SITE IS PROVIDED BY SPIRALOGICS ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OF WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, ITS INFORMATION, CONTENT MATERIALS OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL SPIRALOGICS STORE PRODUCTS AND SERVICES THAT YOU CHOOSE TO UTILIZE ARE USED AT YOUR OWN RISK.

   WE DO NOT WARRANT THAT ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVER(S) ARE FREE OF VIRUSES.

   WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE AS TO THEIR ACCURACY OR RELIABILITY, YOU (AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR, FURTHER, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF ANY IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

3. LIMITATION OF LIABILITY.

   UNDER NO CIRCUMSTANCES SHALL SPIRALOGICS STORE BE LIABLE FOR ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY OF USE OF THE SPIRALOGICS STORE PRODUCTS AND SERVICES. EVEN IF WE HAVE BEEN ADVISED OF THESE POSSIBILITIES, APPLICABLE LAW MAY NOT ALLOW THESE LIMITATIONS OR LIABILITY OR DAMAGES, SO THE ABOVE MAY APPLY TO YOU.

   IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE AND USING THE PRODUCTS AND SERVICES.

4. USE OF PRODUCTS AND SERVICES.

   As a user, you agree to use Spiralogics Store only for lawful purposes. You shall not post or publish any information on matters or subjects secured by using Spiralogics Store products and services that violate in any manner applicable federal, state, local or international laws or regulation is (including any laws regarding the export of data or software to and from the US or other countries). The use and distribution of any other information that is created by you by using Spiralogics Store products and services shall not be used for illegal purposes, and you are solely responsible for the use of such content.

   We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request: (ii) if such disclosure is necessary or appropriate to operate our Company; and (iii) to protect the rights or property of our Company, its users, or providers.

5. PRIVACY POLICY.

   It is Spiralogics Store’s policy to respect the privacy of our users. Our Privacy Policy for our users is set forth on this site.

6. TERMINATION OF USE.

   Spiralogics Store reserves the right to refuse service, terminate accounts, suspend activity and/or cancel subscription in its sole discretion, including, without limitation, if we believe that any customer’s conduct violates applicable law, is harmful to another user’s interest, or is harmful to the Company’s, a third-party’s, or a service provider’s interest.

7. USE BY CHILDREN UNDER 18.

   Spiralogics Store cannot prohibit minors from visiting our website. We must rely on the supervision of the responsible parents, guardians, and those responsible for supervising children under 18 to decide which materials are appropriate for children to view and/or purchase. We require that all purchases be made either: (i) by individuals 18 years of age or older; or (ii) by minors under 18 whose parents or those guardians will pay for the minor’s purchases, give verifiable permission for those purchases, and give verifiable permission to us for the collection of certain information in accordance with our privacy policy terms. Every time you purchase a product or service from Spiralogics Store, you are representing to us that you meet these criteria.

8. INDEMNITY.

   You agree to indemnify and hold the Company, 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 any User Content, any Third-Party Applications, Software or Content you post or share with others, your conduct in connection with the use of any Spiralogics Store product or service, or any violation of this Agreement or of any law or the rights of any third-party.

9. DISPUTES.

   Any legal dispute arising in connection with these Terms of Use shall be first attempted to be settled by mediation. If that is not successful, then the dispute shall be settled by arbitration to be held in Atlanta, Georgia in accordance with the rules of the American Arbitration Associations, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgment may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the Court.

   This site is created and controlled by Spiralogics in the State of Georgia and whose laws shall govern these Terms of Use and any legal controversy. You consent to submit to the exclusive jurisdiction of the courts of the State of Georgia and of the United States for any litigation arising out of our website’s use and operation, waive any objection to this on improper jurisdiction and/or venue grounds, and agree not to argue that any such litigation brought there has been brought in an inconvenient forum.

   If any provision of these Terms of Use or the Privacy Policy shall be deemed unlawful, void or for any reason unenforceable by any court of competitive jurisdiction, then that provision shall be deemed serviceable from the rest of the provisions and shall not affect the validity or enforceability of any of the remaining ones.

   YOU AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing, and/or using our website.