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Spiffy Terms of Use

These Terms of Use were last updated on April 7, 2015.

Get Spiffy, Inc. (“Get Spiffy”) operates its website, located at www.Get Spiffy.com, (the “Get Spiffy Web Site”) and provides the mobile app known as Get Spiffy (the “App”). To make these Terms of Use easier to read, the Get Spiffy Web Site and the App are referred to as the “Sites.” The auto detailing, washing and other services provided by Get Spiffy are referred to as the “Services.” Please read the following Terms of Use carefully before using the Services.

APPLICABILITY & ACCEPTANCE OF THESE TERMS OF USE

By viewing, using, accessing or browsing any content made available on the Sites, or submitting any content to the Sites, you agree to these Terms of Use as a binding legal agreement between you and Get Spiffy, without limitation or qualification. The term “you” or “You” shall refer to any person or entity that views, uses, accesses, browses or submits any content or material in connection with use of the Sites.

If you do not agree to these Terms of Use, then you may not use the Sites. Get Spiffy reserves the right to modify these Terms of Use at any time without prior notice.

You agree that each use of the Sites shall be subject to the then-current Terms of Use, and continued use of the Sites now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

1. USER LICENSE

a. Scope. Get Spiffy grants you permission (which may be revoked at any time for any reason or no reason) to use the Sites in accordance with these Terms of Use and solely for your own personal, non-commercial use. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted above. Except as specifically authorized by Get Spiffy, you may not deep-link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. Get Spiffy reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Sites or any content contained therein, whether in whole or in part, without prior written consent from Get Spiffy. You may like or follow Get Spiffy or share links to the Sites via social networking technology referenced on the Sites. Any rights not expressly granted herein are reserved.

b. User Conduct. You agree that your use of the Sites is subject to all applicable local, state and federal laws and regulations. You also agree:

  • not to use the Sites or the Services or submit content to the Sites if you are under the age of 13;
  • not to access the Sites using a third-party’s account/registration without the express consent of the account holder;
  • not to use the Sites of the Services for illegal purposes;
  • not to use the Sites to engage in commercial activities apart from sanctioned use of Get Spiffy Services;
  • not to copy any content from the Sites for republication in print or online;
  • not to attempt to gain unauthorized access to other computer systems from or through the Sites;
  • not to interfere with another person’s use and enjoyment of the Sites or another entity’s use and enjoyment of the Sites;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our partners).
2. SITE CONTENT

Nature of User Material. At times, the Sites may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, reviews of the Services offered by Get Spiffy or its partners (collectively, “Submissions”). You agree not to create any Submission that:

  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
  • unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites;
  • is intended primarily to promote a cause or movement, whether political, religious or other;
  • contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
  • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
  • discloses any personal identifying information relating to or images of a minor;
  • infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
  • contains viruses or other harmful, disruptive or destructive files;
  • links to any commercial or other website; and/or
  • is not otherwise in compliance with these Terms of Use.

a. User Representations and Warranties. Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:

  •  you are the author of the Submission, or
  • the Submission is not protected by copyright law, or
  • you have express permission from the copyright owner to use the Submission in connection with the Sites; and
  • you have the right to grant Get Spiffy the license set out in these Terms of Use;
  • your use of the Sites and Submission(s) do not violate these Terms of Use.

b. User License Grant to Get Spiffy. You grant Get Spiffy, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to Get Spiffy in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Get Spiffy to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant Get Spiffy and its and related entities the right to use any Personally Identifiable Information (as that term is defined in Get Spiffy’s Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission and Get Spiffy’s provision of Services to you. You also grant Get Spiffy the right to use the Submission and any facts, ideas, concepts, know-how or techniques (“Information”) contained in any Submission or communication you send to Get Spiffy for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you. Get Spiffy does not claim ownership of Submissions.

c. Disclaimer of Responsibility for Material. Submissions are not endorsed by Get Spiffy, and do not represent the views of Get Spiffy or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Get Spiffy does not control all Submissions, and disclaims any responsibility for such Submissions. Get Spiffy specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Get Spiffy does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the pricing, hours of operation or, as applicable, parking accessibility available from its partners. Prices are subject to change without notice. Get Spiffy assumes no responsibility or liability for any errors or omissions in the content provided via the Sites.

d. Review & Removal of Material. Get Spiffy reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions for any reason or no reason whatsoever, in its absolute and sole discretion.

e. Proprietary Rights. You acknowledge and agree that the Sites contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Get Spiffy. All designs, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language (“HTML”), scripts, active server pages, and other content and software used in the Sites are reserved.

3. TERMINATION AND MODIFICATIONS TO THE SITES

Get Spiffy reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services or the availability of the Sites (or any part thereof).

4. INDEMNITY

You agree to indemnify and hold Get Spiffy, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys’ fees, made by anyone in connection with your use of the Sites, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to your purchase of Services.

5. DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY GET SPIFFY, OR A THIRD PARTY, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GET SPIFFY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL GET SPIFFY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF GET SPIFFY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE SITES OR THE SERVICES PROVIDED BY GET SPIFFY. GET SPIFFY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM VIA THE SITES. GET SPIFFY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, AUTO WASHING OR DETAILING SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO VIA THE SITES, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL GET SPIFFY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, FOR ALL SERVICES PROVIDED BY GET SPIFFY EXCEED THE AMOUNT PAID BY YOU TO GET SPIFFY.

YOU AND GET SPIFFY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THESE TERMS OF USE, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS OF USE AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS OF USE. YOU AND GET SPIFFY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.

7. YOUR ACCOUNT, PASSWORD, AND SECURITY

Use of Sites requires that you register and/or create an account (“Account”) or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites and the Services provided by Get Spiffy, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Get Spiffy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Get Spiffy has the right to refuse any and all current or future use of the Sites (or any portion thereof) or Services.

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Get Spiffy of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Get Spiffy will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

8. LINKS

As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with Get Spiffy while others are not. Get Spiffy is not responsible for the contents of any website pages created and maintained by organizations independent of Get Spiffy. Visiting any such third-party website pages is at your own risk. Get Spiffy has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Get Spiffy. By using the Sites you acknowledge that Get Spiffy is responsible neither for the availability of, nor the content located on or through any third-party website pages.

9. TRADEMARKS

Get Spiffy™, is a Get Spiffy trademark. Such trademark and other marks, logos, and names of Get Spiffy or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under Get Spiffy’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Get Spiffy. All other trademarks not owned by Get Spiffy (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Get Spiffy or its affiliates.

10. CONSIDERATION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or Services through the Sites.

11. JURISDICTION, APPLICABLE LAW, AND LIMITATIONS

This Site is created and controlled by Get Spiffy in the State of North Carolina, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of North Carolina, without regard to its conflicts of law provisions. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Get Spiffy makes no claims or assurances that the Sites are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in Raleigh, North Carolina within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

12. GENERAL

a. Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

b. Entire Agreement. Except as expressly provided in a particular “Legal & Privacy” posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of Get Spiffy’s Privacy Policy, constitute the entire agreement between you and Get Spiffy, superseding all prior agreements regarding the Sites. Get Spiffy may change these Terms of Use at any time by posting a new version on this page or on a successor page. The new version will become effective on the posting date, which will be listed at the top of the page as the effective date. You agree that you will check for new versions of these Terms of Use. By continuing to access and/or use the Sites and/or purchase Services following the posting of new Terms of Use, you agree to be bound by the then-current version. If you do not agree to the terms of the new version of the Terms of Use, you agree to stop using the Sites and purchasing Services.

c. No Waiver. The failure of Get Spiffy to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

d. Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

e. Contact Get Spiffy. For questions regarding these Terms of Use, contact us at www.GetSpiffyNow.com, or Get Spiffy at Get Spiffy, Inc., 1251 NW Maynard Road, Suite 337, Cary, NC 27513.

Copyright © 2014 Get Spiffy, Inc. All Rights Reserved.

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