Updated: March 31, 2020

 

 

Welcome to Re-spin! Thank you for visiting and have a great time!

 

Re-spin, LLC, a Delaware Limited Liability Company, (“Re-spin”, “we”, “our” or “us”) operates the website located at the URL www.Re-spin.com (together with any other Site or applications branded as Re-spin, including, without limitation, the Re-spin Mobile App (individually and collectively known as the “Site”). It is important to us that you, and our other visitors, have the best possible time while using the Site and that when you use this Site you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

 

 

Your Acceptance of Terms If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms.

 

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated.

 

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

 

Online Privacy Notice Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this site. To review this notice, which forms part of these Terms of Use, please go here: Privacy Policy URL

 

Your Registration To access this Site or some of the resources it has to offer, you may be asked to provide registration details to create an account. You may create an account by providing us with your name and e-mail address (an “Account”). Users who have created an Account (“Registered Users”) are able to access their account to receive content or other marketing information or to submit an order to purchase products that may be listed on the Site. Please refer to our Customer Terms and Conditions for more details about ordering products through the Site and our Privacy Policy for more details about submitting your personal information to us. It is a condition of use of this Site that all the details you provide be correct, current, and complete. If we at Re-spin believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.

 

By creating an account, you agree: (a) that you are able to and have the appropriate authority and authorization to create a binding agreement with Re-spin; (b) provide true, accurate, current and complete information about yourself when we request it; (c) maintain and promptly update this information to keep it true, accurate, current and complete to the extent the Site permits such updates; and (d) use limited-access portions of the Site only using access credentials that we have issued to you. If you have previously had your access to or use of the Site terminated by us, you may not access or use the Site under any circumstances. You should never share your Account information with third parties or allow third parties to use your Account. Please keep your password confidential and be sure to exit from your Account at the end of each session. You are responsible for all of the activity on your Account, including the use of your Account by other people who you may or may not authorize to use your Account. If you allow others to access your Account in violation of these Terms of Use, you agree to be responsible for ensuring that they comply with these Terms of Use. You must notify us immediately of any breach of security or unauthorized use of your Account by sending an e-mail to [email protected] with “Unauthorized Use” in the subject line. Even if you notify us, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account. Re-spin will not be liable for any losses caused by any unauthorized use of your account.

 

By providing Re-spin your email address, you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers. If you do not want to receive such email messages, you may opt-out or change your preferences on the personal settings page associated with your account. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

When you sign up for or use our products and services, you may give us permission to access your information in other services. For example, you may link your Facebook account, which allows us to obtain information from those accounts (like your full name and email). The information we get from those services often depends on your settings or their privacy policies, so be sure to check what those are.

 

Re-spin reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. You may terminate your Account at any time by sending an e-mail to [email protected] with “Cancel Account” in the subject line. Following termination, you will not receive any further communications from us unless and until you re-register by creating a new Account. Our rights under these Terms of Use will expressly survive termination of these Terms of Use, the cessation of your use of or access to the Site and termination of your Account.

 

Unless we have received a properly completed and acceptable parental consent form governing your use of this Site, we will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms of Use (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

 

Children’s Online Privacy Protection Act and Notification You may only use the Site if you are 13 years of age or older. To register for an Account, purchase products via the Site, subscribe to receive any content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”) or use the Re-spin App, you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Site. To view information on our policy regarding the privacy of children under the age of 13, please see our Privacy Policy.

 

Pursuant to 47 U.S.C. Section 230(d) as amended, Re-spin hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors.

 

Intellectual Property Rights The Site and its content, features and functionality, including, without limitation, information, software, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof, are the exclusive property of Re-spin, our licensors or other content suppliers, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

 

No right, title or interest in or to the Site or any Content is transferred to you and all rights not expressly granted are reserved. Any use of the Site that is not expressly permitted by these Terms of Use may be a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

In addition to the intellectual property rights mentioned above, for purposes of these Terms of Use, “Content” is defined as all information such as the “look and feel” of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music and video and audio files on the Site. Re-spin tries to ensure that the Content is accurate and complete. Your use of the Site is at your risk. Re-spin does not warrant that the functional aspects of the Site or the Content will be error free or that the Site, the Content or the server that makes it available are free of viruses or other harmful components. Re-spin and its suppliers make no warranties about the Content or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Re-spin reserves the right to withdraw, temporarily or permanently, any Content from the Site at any time and for any reason and such removal may be immediate and without notice. As an express condition to your use of and access to the Site, you acknowledge, agree and confirm that Re-spin is not liable to you or any third party for any such withdrawal.

 

Your Use of Material Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. You may access and display Material and all other content displayed on this Site for non- commercial, personal, entertainment use on a single computer only.

 

You may not under any circumstances:

 

 

 

 

 

 

 

 

 

 

User Generated Material and Submissions Re-spin is interested in hearing from you regarding your questions or comments about our Site. However, Re-spin does not accept or consider unsolicited submissions of any kind (e.g. scripts, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions of any member of Re-spin.

 

If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit or otherwise post reviews, ratings, comments, feedback or other materials on the Site (“User Generated Material”) that may be accessible and viewable by the public. Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern the User Generated Material ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern the User Generated Material, then these Terms of Use will apply in full to any Invited Submissions you make.

 

With respect to User Generated Material posted by you, you represent that (i) you created and own the rights to the content or you have the owner’s express permission to post such content, and (ii) the content does not infringe any other person’s or entity’s rights (including, without limitation, copyrights, trademarks or privacy rights) or violate any applicable laws, rules or regulations, these Terms of Use or any of our other posted policies.

 

In any event, any material you send to us will not be treated as confidential.

 

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than Re-spin) or privately transmitted on or through this Site are the sole responsibility of the sender, not Re-spin, and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

 

We at Re-spin require that you do not post e-mails or submit to or publish through forums or otherwise make available on this Site any content, or act in a way, which in our opinion:

 

 

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Re-spin anywhere on this Site (e.g., on any web space made available for your use).

 

We do not claim ownership to User Generated Material. However, by posting User Generated Material, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to: (i) use, reproduce, transmit, modify, index, adapt, publish, translate, create derivative works from, distribute, display and otherwise exploit such content throughout the world in any media, whether now known or hereafter invented, including for any and all purposes, including commercial or marketing purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or any other person or entity, and (ii) to use your name, persona or likeness alone or in connection with such uses, without any obligation or remuneration to you. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Generated Material and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Generated Material for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Generated Material, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. You agree to pay all royalties, fees and other monies owing to any person or entity by reason of the User Generated Material that you post on the Site.

 

We may refuse, alter, or remove a User Submission without notice for any reason at Re-spin’s sole discretion, including our belief that a User Submission may violate these Terms of Use or be otherwise objectionable. If and to the extent that we elect to accept User Generated Material, we have the right, but not the obligation, to monitor, review, screen, post, remove, reject, modify and store all User Generated Material posted on the Site, at any time and for any reason, without notice, including to ensure that all such User Generated Material complies with these Terms of Use. We do not endorse any User Generated Material and the User Generated Material posted does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of posting and publishing it and you agree that we are acting only as a passive conduit for your online distribution and publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third-party posts or sends on or through the Site, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

 

We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible for your conduct on the Site and your interactions with other users.

 

Notwithstanding our rules with regard to User Generated Material, you may be exposed to content on the Site that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose or in violation of our Terms of Use. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material on the Site, whether or not it violates our Terms of Use.

 

If and to the extent that we elect to accept User Generated Material, please choose carefully the information you post on the Site and that you give to other users. You are discouraged from publicly posting your full name, telephone number, street address, e-mail address or other information that identifies you or allows strangers to find you or to steal your identity. You assume all risks associated with dealing with other users with whom you come in contact through the Site, and to the extent that the law permits, you release us from any claims or liability related to any User Generated Material posted on the Site and from any claims related to the conduct of any other users.

 

Forums THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON THIS SITE ("FORUMS") ARE NOT NECESSARILY THOSE OF RE-SPIN OR CONTENT PROVIDERS. RE-SPIN DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF RE-SPIN. RE-SPIN MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN RE-SPIN'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.

 

Service In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem and/or other access devices).

 

Re-spin reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

 

Mobile Service The following applies to users of Re-spin mobile application (the “App”). The use of the App requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the App, including without limitation, administrative messages, service announcements, diagnostic data reports, and App updates, from Re-spin, your mobile carrier or third-party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the App. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the App, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the App.

 

We do not warrant that the App will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the App and that you may be required to install any such update in order for the App to continue functioning properly. You may not export any of our mobile applications except in compliance with all applicable laws.

 

iOSAPP

 

The following applies if you obtain the App through the iTunes App Store: You acknowledge and agree that these Terms of Use are solely between you and Re-spin, not Apple, and that Apple has no responsibility for the App or the contents thereof. Your use of the App must comply with the iTunes App Store Terms of Use or other terms applicable to the use of the App. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will be responsible for any refund of the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Re-spin as a provider of the App. You acknowledge that Apple is not responsible for addressing any claims by you or by any third party relating to the App or your possession and/or use of the App, including but not limited to, (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

 

All such claims are governed solely by these Terms of Use and any law applicable to Re-spin as the provider of the App. You acknowledge that in the event of a claim that the App and your possession and use thereof infringes a third party’s intellectual property rights, Re-spin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and Re-spin acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of these Terms of Use as the same relate to your license of the App and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as the same relate to your license of the App against you as a third party beneficiary thereof. Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc. iTunes is for legal or right holder-authorized copying only. Do not steal music.

 

 

ANDROID™ APP

 

The following applies if you obtain our App through the PlayStore™: You acknowledge and agree that these Terms of Use are solely between you and Re-spin, not Google, Inc., and that Google has no responsibility for the App or the content thereof. Your use of the App must comply with the GooglePlay™ Terms of Use or other terms applicable to the use of the App. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the App. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the App and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Re-spin as a provider of the App.

 

Android™, GooglePlay™ and PlayStore™ are all trademarks of Google, Inc.

 

 

We respect your privacy. By accessing or using the Site you acknowledge that your information, including personally identifiable information, will be processed in accordance with our Privacy Policy.

 

You consent to receive communications from us, whether required by law or otherwise, either by e-mail if you have provided us with your e-mail address, or by notice posted on the Site as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address that you provide to us.

 

When you provide us with your mobile telephone number, you agree that Re-spin may send you text messages (including SMS and MMS) to that mobile telephone number. Re-spin may send you up to five text messages per month. When you first provide your mobile telephone number to us, you will receive a confirmation text message and you may need to reply as instructed to complete registration. Re-spin will never charge you for the test messages you receive, however you may see message and data rate charges from your mobile provider, though, so be sure to check your plan. You are responsible for the payment to your mobile provider of any message, data and other charges related to text messages, including for confirmation texts you receive and your responses thereto.

 

You may opt-out of receiving any future text messages from Re-spin at any time by either replying to a text message with the keyword “STOP”. If you opt-out you agree to receive a final text message confirming your opt-out. When you opt-out of text messaging, you will no longer receive any texts messages unless you re-subscribe. In addition, for assistance, you may reply to any text message with the keyword “Help” or at any time send a text message with the keyword HELP. Texts may be sent through an automatic telephone dialing system. Consent to receive mobile messages is not required as a condition to using the Site or to purchase any goods or services on the Site.

 

You agree to notify us of any changes to your mobile telephone number by sending an email to [email protected] with “Update Mobile Number” in the subject line. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

 

System Abuse Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

 

Security Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). Re-spin shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Re-spin considers insecure, Re-spin will be entitled to require this to be changed and/or terminate your account.

 

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, Re-spin reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

 

Modification or Suspension of the Site and the Right to Terminate your use of the Site We reserve the right to change, suspend or discontinue any aspect of the Site at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the Site entirely. Any description of features on the Site shall not be considered to be a representation by Re-spin that such features will always be included on the Site. From time to time, we may restrict access to some or all of the Site, including for Registered Users. We also reserve the right to terminate or suspend your Account or restrict your use of or access to the Site, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the Site may become unavailable to you at any time and for any period.

 

If we suspend or discontinue any aspect of the Site or terminate your Account, we are not responsible for providing you with any information or content. We may also delete your other preferences and interests to the extent stored within or in connection with your Account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.

 

Third-Party Sites This Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Re-spin, and you acknowledge that (whether or not such sites are affiliated in any way with Re-spin) Re-spin is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Re-spin or any association with its operators. You cannot rely on our Terms of Use and/or our Privacy Policy to govern your use of another Site or destination.

 

Re-spin cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from Re-spin since other shop channels are owned and operated by independent retailers. Re-spin does not endorse any of the merchandise, nor has Re-spin taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Re-spin does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

 

Disclaimers You understand that products offered by Re-spin may contain materials that could be dangerous if handled improperly, and you acknowledge that Re-spin is not liable for any personal injury or property damage arising from any misuse of any products offered through the Site. You further acknowledge that products may not be suitable for use by children, and you expressly assume sole liability for providing any individual under the age of 18 with access to any products. You hereby agree not use products for any illegal purpose and you assume all liability for any action you take for any action that is contrary to any law, rule, or regulation of any territory.

 

Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

 

Warranty Disclaimer YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, RE-SPIN, LLC AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF RE-SPIN, LLC ("RE-SPIN") DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RE-SPIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RE-SPIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. RE-SPIN MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEB SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND RE-SPIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS,INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

Nutrition and Fitness Information YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL NUTRITION AND FITNESS INFORMATION PROVIDED ON THE SITE, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY RE-SPIN OR BY OTHER USERS OR THIRD PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (i) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (ii) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (iii) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. PLEASE CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY OF OUR PRODUCTS OR RELYING ON ANY INFORMATION YOU OBTAIN ON THE SITE. INFORMATION AND STATEMENTS REGARDING DIETARY SUPPLEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY.

 

THE SITE MAY PERIODICALLY PROVIDE INFORMATION CONCERNING FITNESS AND ATHLETIC ACTIVITIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH ACTIVITIES CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY OUR ACTION, INACTION OR NEGLIGENCE OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. RE-SPIN STRONGLY RECOMMENDS THAT YOU CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE BEGINNING ANY NEW FITNESS PROGRAM OR ENGAGING IN ANY NEW ATHLETIC ACTIVITIES.

 

Indemnity and Release You agree to defend, indemnify, and hold harmless Re-spin and its agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners (“Indemnified Parties”), from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable attorneys’ fees) made against Re-spin by any third party due to or arising out of or in connection with (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) your User Generated Material or any that is submitted via your account; or (vi) any other party’s access and use of the Site with your unique username, password, or other appropriate security code.

Without limiting anything set out above, you hereby release each of the Indemnified Parties from all damages, liabilities, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, the Privacy Policy and/or any use by you of the Site.

California Residents: you expressly waive CA Civil Code §1542, 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.”

 

Limitation of Liability EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF USE), A VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOU OR RE-SPIN AND/OR ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES AND/OR FUNCTIONALITY OF THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED OR PURCHASED 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 RE-SPIN AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN STATES AND JURISDICTIONS IN WHICH LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE PROHIBITED, SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED. 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. EXCEPT FOR A BREACH OF THESE TERMS OF USE BY YOU (SUCH AS, FOR EXAMPLE, A COMMERCIAL USE OF THE SITE IN VIOLATION OF THESE TERMS OF USE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR INDEMNIFICATION OBLIGATIONS OR WITH RESPECT TO PRODUCTS OR SERVICES THAT WE PROVIDE TO A SPECIFIC CONSUMER FOR A FEE WHICH SHALL BE GOVERNED BY ITS OWN CONTRACTUAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YOUR OR OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SITE OR $50 (WHICHEVER IS LESS).

 

UNDER NO CIRCUMSTANCES WILL RE-SPIN AND/OR ANY OF ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS OR ASSIGNS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE, YOUR DATA OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION THAT WE DEEM NECESSARY TO COMPLY WITH ANY APPLICABLE LAW, RULE, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST. YOU WAIVE AND HOLD HARMLESS RE-SPIN AND ITS AFFILIATES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION RELATING TO YOUR ACCOUNT OR TAKEN AS A RESULT OF ANY SUCH DISCLOSURE. RE-SPIN MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE AT LOCATIONS OUTSIDE OF THE UNITED STATES. ACCESS TO THE SITE FROM TERRITORIES WHERE SUCH SERVICES ARE ILLEGAL IS STRICTLY PROHIBITED. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE OF THE UNITED STATES, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL AND OTHER APPLICABLE LAWS.

 

THE PROVIDERS WHOSE THIRD-PARTY PRODUCTS AND SERVICES ARE AVAILABLE ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF RE-SPIN. RE-SPIN IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGE OR EXPENSES RESULTING, DIRECTLY OR INDIRECTLY, FROM SUCH PRODUCTS AND/OR SERVICES.

 

Proprietary Online Services Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

 

Law and Jurisdiction These Terms of Use and any dispute that may arise between you and Re-spin shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

DISPUTES ARISING FROM THESE TERMS OF USE AND YOUR USE OF THE SITE SHALL BE RESOLVED BY BINDING ARBITRATION AS PROVIDED BELOW. BY AGREEING TO BINDING ARBITRATION, YOU ARE HEREBY WAIVING THE RIGHT TO BRING DISPUTES TO A COURT, INCLUDING THE RIGHT TO TRIAL BY JURY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. WE ALSO BOTH AGREE THAT YOU OR WE MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.

 

Binding Arbitration and Class Action Waiver In the event of any dispute between you and us regarding these Terms of Use, the Privacy Policy, the Site and/or any products or services purchased from the Site, you and Re-spin agree to first send the other party a notice of dispute, which is a written statement setting forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute by e-mail to [email protected]. We will send any notice of dispute to you at the contact information we have for you. You and Re-spin will attempt to resolve any dispute through informal negotiation within 30 days from the date that the notice of dispute is sent. If we are unable to resolve a dispute by negotiation, you agree that disputes must be resolved through binding arbitration rather than by a court, provided that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration and court review of an arbitration award is limited. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at [email protected] with “Arbitration Request” in the subject line.

 

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

 

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION. You agree to arbitrate with Re-spin only in your individual capacity and not as a representative or member of a class or in any consolidated or representative proceeding. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. For certain claims, like violations of these Terms of Use or breaches of intellectual property covenants, we reserve the right to seek injunctive relief in a court of competent jurisdiction. All arbitrations shall be initiated in Los Angeles County, California.

 

Investigations Re-spin reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e- mails you make or send to any Forum. Re-spin may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user.

 

Re-spin may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Re-spin believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Re-spin will fully cooperate with any law enforcement authorities or court order requesting or directing Re-spin to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF RE-SPIN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF RE-SPIN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF THE RE-SPIN OR LAW ENFORCEMENT AUTHORITIES.

 

Notice and Procedure for Claims of  Copyright or Intellectual Property Infringement All content of this Site and materials incorporated by Re-spin on this Site ("Material") including but not limited to text, design, graphics, interfaces, or code are (“Copyrights”): Copyright 2020 by Re-spin, LLC.  All rights reserved.

 

All trademarks, services marks, logos, and trade names incorporated by Re-spin on this Site are also protected as registered or unregistered trademarks owned by Re-spin or other respective owners that have granted Re-spin the license to use such marks ("Trademarks"). Re-spin respects the intellectual property rights of others and asks users of this Site to do the same.

 

If you believe that any content appearing on this Site infringes your copyright rights, we at Re-spin want to hear from you. Please forward the following information in writing to the Copyright Agent at [email protected]:

 

 

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

 

Please note that this procedure is exclusively for notifying Re-spin and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Re-spin rights and obligations under the DMCA, including 17 U.S.C. §512(c) or elsewhere. Re-spin seeks to preserve any and all exemptions from liability that may be available to it under the law. This does not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

 

 

Waiver and Severability No waiver by Re-spin of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition and any failure of Re-spin to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such 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 Terms of Use shall continue in effect.

 

Assignment These Terms of Use and any rights and licenses granted hereunder may not be transferred or assigned by you. We may assign our rights under these Terms of Use without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

Admissibility 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 drawn up in English.

 

Entire Agreement These Terms of Use and the other agreements referred to herein constitute the sole and entire agreement between you and Re-spin with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

 

How To Contact Us This Site is controlled by Re-spin, LLC. Please forward any comments or complaints about the Site to [email protected]. Please forward any questions regarding privacy to [email protected], with subject line “Privacy”. Please forward any questions regarding other legal matters to [email protected].

 

By mail, you may contact us at:

Re-spin, LLC

4208 Overland Avenue

Culver City, CA 90230