In The Spread Terms of Use

Last Updated: July 8, 2018

Welcome to InTheSpread.com. In The Spread LLC and/or its affiliates ("ITS") provide website features and other products and services to you when you visit or shop at InTheSpread.com, use In The Spread products or services, use In The Spread applications for mobile, or use software provided by In The Spread in connection with any of the foregoing (collectively, "ITS"). In The Spread provides the In The Spread Services subject to the following Terms.

IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE.

In some instances, both these Terms of Use and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or feature offered via In The Spread (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms of Use. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Terms of Use will control unless the Additional Terms expressly state otherwise.

Privacy

Please review our Privacy Policy, which also governs your use of ITS, to understand ITS practices.

A. TERMS APPLICABLE TO ALL USERS

Overview

YOUR USE OF IN THE SPREAD IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with ITS, your use of ITS will be deemed to be acceptance of the Terms of Use.

For users who are registered with ITS, your use of ITS shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

Electronic Communications

When you use In The Spread Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any In The Spread Service, such as videos, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of In The Spread or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any In The Spread Service is the exclusive property of In The Spread and protected by U.S. and international copyright laws.

Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any In The Spread Service are trademarks or trade dress of In The Spread in the U.S. and other countries. In The Spread's trademarks and trade dress may not be used in connection with any product or service that is not In The Spread's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits In The Spread. All other trademarks not owned by In The Spread that appear in any In The Spread Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by In The Spread.

License and Access

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, In The Spread or its content providers grant you a limited, non-exclusive, non-transferable, non- sublicensable license to access and make personal and non-commercial use of the In The Spread Services. This license does not include any resale or commercial use of any In The Spread Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any In The Spread Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by In The Spread or its licensors, suppliers, publishers, rightsholders, or other content providers. No In The Spread Service, nor any part of any In The Spread Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of In The Spread. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of In The Spread without express written consent. You may not use any meta tags or any other "hidden text" utilizing In The Spread's name or trademarks without the express written consent of In The Spread. You may not misuse the In The Spread Services. You may use the In The Spread Services only as permitted by law. The licenses granted by In The Spread terminate if you do not comply with these Terms of Use or any Service Terms.

ITS reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, ITS, or any part or portion thereof, with or without notice to you. You agree that ITS shall not be liable to you or to any third party for any modification, suspension or discontinuance of ITS, or any part of portion thereof. Nothing in these Terms of Use shall be construed to obligate ITS to maintain and support ITS, or any part or portion thereof, during the term of these Terms of Use.

Paid Services

Certain aspects of ITS may require payments. If you use those aspects of ITS, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of ITS requiring payment. ITS may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific ITS entity identified by the aspect of the Website used to make the purchase.

All payment transactions are administered by a third-party payment processor or third-party store. ITS expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third- party’s handling of the transaction. ITS is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. ITS reserves the right to refuse or cancel transactions, due to pricing or other typographical errors.

All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access the applicable portion of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions will renew automatically on a monthly, quarterly, annual basis, or for up to the initial subscription term, at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of ITS you used to set up your subscription, unless another cancellation method is specified in applicable Additional Terms.

Subscriptions

As an ITS Subscriber, you must agree to the payment terms presented to you at the time you sign up for Services on ITS. You are responsible for taking action prior to renewal if you do not want your ITS subscription to renew automatically. You might not receive further notice of your renewal after signing up for an account or subscription, and you must visit the My Account option to find out when your account or subscription is set to renew. Subscriptions recur either monthly, quarterly or annually in most cases, depending upon the renewal term you choose during the signup process. For monthly recurring Services, unless the Service Agreement states otherwise, you will be billed on the same numerical day of each month as the Effective Date. For example, if the Effective Date is November 17th, you will be billed for recurring monthly payments on December 17th, January 17th, and so on.

You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use the credit card.

Price Changes

ITS reserves the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Cancellation of ITS Subscriptions

For security reasons, an email or phone call to ITS is not sufficient to cancel your ITS subscription, which you may cancel at any time by selecting the cancel button found in the My Account section of the Site. Cancellation does not entitle you to a refund under any circumstances. You will continue to have access to the Site and Services you have paid for until the end of your subscription term, but will lose access if the subscription is not in good standing. If you choose to cancel your ITS subscription during your subscription term, you will not be refunded, in whole or in part.

Risk of Loss

All purchases of physical items from In The Spread are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

No Refunds

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, ITS may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. If you choose to modify your subscription during your subscription term, your subscription rate will change as of the date of renewal, but you are not entitled to a refund, of any kind, at any time.

Typographical Errors

In the event that a ITS product is mistakenly listed at an incorrect price, ITS reserves the right to refuse or cancel any orders placed for product(s) listed at the incorrect price. ITS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ITS shall issue a credit to your credit card account in the amount of the incorrect price.

Submitted Content

You agree that any ideas, feedback, information, materials or content that you provide, submit, upload or otherwise transmit to ITS (“User Content”) will be available for ITS use free of any obligations to you. You hereby (a) grant to ITS a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to any and all rights in the User Content including all copyrights therein, for any exploitation by ITS and/or by any person authorized by ITS, by any means and in all media now known or hereafter devised, without payment to you or any third party, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content that may be available to you; (c) appoint ITS as your agent with full power to enter into any document and/or do any act ITS may consider appropriate to confirm the grant and waiver set out above; (d) warrant that you are the owner of the User Content and are entitled and have the rights necessary to enter into these Terms of Use; (e) confirm that no such User Content is subject to any obligation, of confidence or otherwise, to you or any third party, and that ITS shall not be liable for any use or disclosure of such User Content. Except as otherwise described in the Website’s posted Privacy Policy, or as specifically provided in another agreement on the Website pursuant to which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. Upon ITS’s request, you will furnish ITS any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. ITS has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

ITS reserves the right (but is not obligated) to do any or all of the following:

ITS has no liability or responsibility to users of the ITS Website or any other person or entity for performance or nonperformance of the aforementioned activities. Product Submissions Prohibited

ITS does not accept unsolicited submissions for motion pictures, television programs, web sites, articles, e- books, or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of ITS (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to ITS through this Website or by e-mail, text message or otherwise. However, if you decide to make any such unsolicited submission, you hereby grant to ITS the right and license to the submission as if it were User Content, as set forth above.

User Registration

Access to certain functionalities of ITS will require you to register with and provide certain information to ITS. ITS reserves the right to decline or to provide access to ITS to any person for any or no reason. If and when you provide information to ITS, you agree to (a) provide accurate, current and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, ITS reserves the right to terminate your use of the Website.

ITS may offer you the possibility to connect your accounts on certain third party sites such as Facebook and Twitter, with the Site by an application programming interface (API) or other software. This account connection process may be separate from your Account registration on the Website and will be governed by the policies and terms of use of the third party site. By allowing ITS to connect with your third party site accounts, you consent to ITS accessing the information in those accounts, which may include personally identifiable information.

Acceptable Use

You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of ITS. In addition, you agree that you will not do, or attempt to do, any of the following while using or accessing the Website:

Spamming

Gathering email addresses from ITS through harvesting or automated means is strictly prohibited by law. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with ITS should be directed to: legal@inthespread.com

Mobile Features

In The Spread may offer features and services that are available to you via your mobile device. These features and services may, include, without limitation, the ability to stream content, upload content to ITS, receive messages from ITS, download applications to your mobile device or access ITS’s features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Such fees and charges will appear on the bill you receive from your carrier or be deducted from your pre-paid balance. You are solely responsible for all charges from your carrier including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from ITS. 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.

Third Party Links

ITS may contain links to third-party websites for your convenience. ITS does not control such linked websites or the content provided through such websites, and ITS has not reviewed, in their entirety, such websites. Your use of such linked web sites is subject to the privacy practices and terms of use established by each such linked web site, and ITS disclaims all liability for such use. Such links do not indicate any approval or endorsement by ITS of any such linked web site or any material contained on any such linked web site, and ITS disclaims any such approval or endorsement. Further, descriptions of, or references to, third-party products, services or publications within ITS do not imply endorsement of, and ITS is not responsible for and disclaims any endorsement of, any such product, service or publication.

Warranty Disclaimer

IN THE SPREAD IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

There is no warranty, representation or guarantee that ITS, or your use of ITS, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that ITS, or any information, software or other material accessible from ITS, is free of viruses or other harmful components. ITS does not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its COMPATIBILITY with hardware oR other software or equipment, and you assume all responsibility and risk for your use of ITS and Information and your reliance thereon.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ITS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS,

DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO (A) IN THE SPREAD, (B) ANY LINKED WEBSITE, (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF IN THE SPREAD; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ITS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF IN THE SPREAD; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN IN THE SPREAD’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF ITS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).

YOUR SOLE REMEDY WITH RESPECT TO IN THE SPREAD OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ITS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.

Waiver of Unknown Claims

BY ACCESSING IN THE SPREAD, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF ANY LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree that you will indemnify and hold harmless, and upon ITS’s request, defend, ITS and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable counsel fees), actions, suits and claims arising from any breach of any of your obligations, representations or warranties in these Terms of Use. If ITS asks you to defend any such action, suit or claim, ITS will have the right, at its own expense, to participate in the defense thereof. You will not settle any third-party claims for which ITS is entitled to indemnification without the prior written approval of ITS.

Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on ITS infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ITS to locate the material on ITS; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:

Copyright Agent
In The Spread LLC 1825 West Avenue #8
Miami Beach, FL 33139
legal@inthespread.com

ITS suggests that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Risk of Loss

All purchases of physical items from In The Spread are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Users Disputes

You are solely responsible for your interactions with other Users. ITS reserves the right, but has no obligation, to monitor disputes between you and other Users.

Non-U.S. Users

ITS makes no representation that ITS operates (or is legally permitted to operate) in all geographic areas, or that tITS is appropriate or available for use in other locations. Accessing ITS from territories where ITS, or any content or functionality of ITS or portion thereof, is illegal is expressly prohibited. If you choose to access ITS, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

Term and Termination

These Terms of Use are effective from the date that you first access the Website or submit any information to ITS via the Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use. ITS may immediately terminate these Terms of Use, and/or your access to and use of ITS, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. ITS may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use ITS shall immediately cease, and you shall destroy all copies of information that you have obtained from ITS, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, and all ITS rights of ownership, shall survive any termination or expiration of these Terms of Use.

Arbitration and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Dade County, Florida and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in Florida. Venue will lie exclusively in Dade County, Florida. For the sake of clarity, nothing in this paragraph shall affect ITS’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret these Terms of Use or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Separate Agreements

You may have other agreements with ITS. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with ITS.

Miscellaneous

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and ITS relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and ITS with respect to such subject matter. These Terms of Use may not be changed, waived or modified except by ITS as provided herein or otherwise by written instrument signed by ITS. These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with ITS’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. ITS may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. ITS shall have no liability under these Terms of Use to the extent arising from any failure of ITS to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within ITS’s reasonable control.

Additional In The Spread Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with In The Spread Services (the "In The Spread Software").

  1. Use of the In The Spread Software. You may use In The Spread Software solely for purposes of enabling you to use the In The Spread Services as provided by In The Spread, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the In The Spread Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the In The Spread Software in whole or in part. All software used in any In The Spread Service is the property of In The Spread or its software suppliers and is protected by United States and international copyright laws.
  2. Use of Third Party Services. When you use the In The Spread Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the In The Spread Software, whether in whole or in part.
  4. Updates. We may offer automatic or manual updates to the In The Spread Software at any time and without notice to you.
  5. Government End Users. If you are a U.S. Government end user, we are licensing the In The Spread Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the In The Spread Software are the same as the rights we grant to all others under these Terms of Use.
  6. Conflicts. In the event of any conflict between these Terms of Use and any other In The Spread or third- party terms applicable to any portion of In The Spread Software, such as open-source license terms, such other terms will control as to that portion of the In The Spread Software and to the extent of the conflict.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

Accounts And Security

ITS does not warrant that the functions contained in the service provided by ITS will be uninterrupted or error- free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password and Login Name. You shall provide ITS with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

You shall notify ITS of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at ITS's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at legal@InTheSpread.com.