Terms of Use

Agreement between User and SpinPositive.com 
Welcome to SpinPositive.com. The SpinPositive.com website (the “Site”) is comprised of various web pages operated by Spin Positive. SpinPositive.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of SpinPositive.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

SpinPositive.com is a News and Information Site.

To share resources to help people discover their happiness. 

Privacy
Your use of SpinPositive.com is subject to Spin Positive’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications
Visiting SpinPositive.com or sending emails to Spin Positive constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Spin Positive is not responsible for third party access to your account that results from theft or misappropriation of your account. Spin Positive and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

Spin Positive Online Store Returns, Refunds, and Exchanges:

General Merchandise:

We offer a 14-day money-back guarantee on all general merchandise items in the Spin Positive online store. This includes all merchandise that falls outside the below-mentioned categories. If you wish to return a general merchandise item, e-mail contact@spinpositive.com with the subject line: “Return Allowance Request.” Please state the product you want to return and the nature of your return in the body of the message. Let us know why you are unsatisfied with the product and how it did not meet your expectations. We will send a message indicating approval status once your e-mail has been received and handled. If your return allowance is approved, you will receive a return allowance number to include with your product return. Please write the RA# on a piece of paper with your name and e-mail and submit it with your returned product. Also, note the RA# in dark, legible letters outside the return package. Buyer assumes all return shipping costs on general merchandise items. Once your returned product has been received and handled, you will be sent a confirmation e-mail once a refund has been issued. Please note that any refunds will include only the original purchase price of the product and applicable tax. No refunds on shipping charges will be issued. 

Should an item arrive at your destination damaged or in an unserviceable condition, we will gladly exchange the item received for an identical item in serviceable condition. To begin the exchange process, please e-mail contact@spinpositive.com with the subject line: “Exchange Allowance Request.” Please state the product you wish to exchange and the nature of the damage. Once your e-mail has been received and handled, you will receive a follow-up e-mail with further instructions on how to proceed.

Printed Media:

Due to the reproducible nature of printed media, we offer no returns for refund. However, if the item arrives at your destination damaged or in an unserviceable condition, we will gladly exchange the item received for an identical item in serviceable condition. To begin the exchange process, please e-mail contact@spinpositive.com with the subject line: “Exchange Allowance Request.” Please state the product you wish to exchange and the nature of the damage. Once your e-mail has been received and handled, you will receive a follow-up e-mail with further instructions on how to proceed.

Downloadable Media:

Due to the reproducible nature of downloadable media, we offer no returns for refund. All sales are final for downloadable products.

Virtual Media and Services:

Refunds for virtual media and services will be addressed on a case-by-case basis and only before consumption or distribution of the virtual media or performance of virtual services. If you wish to obtain a refund for a virtual product or service, please e-mail contact@spinpositive.com with the subject line: “Refund Request.” Please state the nature for the request in the body of the message. Once your e-mail has been received and handled you will receive a follow up e-mail with the status of the request. 

Children Under Thirteen
Spin Positive does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SpinPositive.com only with permission of a parent or guardian. 

Links to Third Party Sites/Third Party Services
SpinPositive.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Spin Positive and Spin Positive is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Spin Positive is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Spin Positive of the site or any association with its operators.  

Certain services made available via SpinPositive.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the SpinPositive.com domain, you hereby acknowledge and consent that Spin Positive may share such information and data with any third party with whom Spin Positive has a contractual relationship to provide the requested product, service or functionality on behalf of SpinPositive.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use SpinPositive.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Spin Positive that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Spin Positive or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Spin Positive content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Spin Positive and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Spin Positive or our licensors except as expressly authorized by these Terms.  

Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Spin Positive has no obligation to monitor the Communication Services. However, Spin Positive reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Spin Positive reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Spin Positive reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Spin Positive’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Spin Positive does not control or endorse the content, messages or information found in any Communication Service and, therefore, Spin Positive specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Spin Positive spokespersons, and their views do not necessarily reflect those of Spin Positive.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to SpinPositive.com or Posted on Any Spin Positive Web Page
Spin Positive does not claim ownership of the materials you provide to SpinPositive.com (including feedback and suggestions) or post, upload, input or submit to any Spin Positive Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Spin Positive, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.     

No compensation will be paid with respect to the use of your Submission, as provided herein. Spin Positive is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Spin Positive’s sole discretion.     By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

Third Party Accounts
You will be able to connect your Spin Positive account to third party accounts. By connecting your Spin Positive account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

International Users
The Service is controlled, operated and administered by Spin Positive from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Spin Positive Content accessed through SpinPositive.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.  

Indemnification
You agree to indemnify, defend and hold harmless Spin Positive, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Spin Positive reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Spin Positive in asserting any available defenses. 

Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Spin Positive agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPIN POSITIVE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SPIN POSITIVE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPIN POSITIVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPIN POSITIVE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPIN POSITIVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination/Access Restriction
Spin Positive reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.     

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Spin Positive as a result of this agreement or use of the Site. Spin Positive’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Spin Positive’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Spin Positive with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.     Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Spin Positive with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Spin Positive with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms
Spin Positive reserves the right, in its sole discretion, to change the Terms under which SpinPositive.com is offered. The most current version of the Terms will supersede all previous versions. Spin Positive encourages you to periodically review the Terms to stay informed of our updates.  

Contact Us
Spin Positive welcomes your questions or comments regarding the Terms:

contact@spinpositive.com

Effective as of June 18, 2020