Terms & Conditions

 

TERMS OF SERVICE

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OVERVIEW

This website is operated by The SPYDER Store. Throughout the site, the terms “we”, “us” and “our” refer to The SPYDER Store. The SPYDER Store offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall The SPYDER Store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The SPYDER Store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Nevada.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at the following email: services@the-spyder.com

Independent Sales Representative Contract Terms and Conditions

I. As an Independent Sales Representative for The SPYDER Store, I agree to the following:

A. To promote the sale of the Spyder Store products actively, to honor the Spyder Store tradition of integrity and personal service, and to honor our guarantee promptly and at no charge to the Customer. To make no statements, claims or representations, or do any act that would impair the name, reputation or goodwill of the Spyder Store.

B. To sell only to consumers and not to sell our products (1) for resale or (2) or through third parties, including but not limited to any business entity or any type of retail establishment or any Web site or any online auction (e.g., eBay) unless authorized by us in writing. I understand that except as otherwise provided in the Spyder Store Policies (defined below), the Spyder Store Personal Web Page program is the only way I can sell my Spyder business online. I will not utilize the Spyder Store's trademarks or copyright protected material in the promotion and sale of Spyder products or the business opportunity online other than through my Spyder Store Personal Web Page or as permitted in the Spyder Store Policies. I will not use or register, and do not currently own, any domain names, keywords or metatags that include, in whole or in part, any of the Spyder Store's trademarks including, without limitation, the name the Spyder Store, and I hereby consent to transfer to the Spyder Store any such domain names. I will not send unsolicited e-mails (also called "SPAM") to promote the Spyder Store's products or the business opportunity.

C. To provide consistent performance as an Independent Sales Representative.

D. To recognize that I am an Independent Sales Representative and have no power or authority to incur any debt, obligation or liability, or make any promise or Contract on behalf of the Spyder Store. I understand that I will not be treated as an employee with respect to federal, state or local tax purposes, and I am responsible for paying my own income and self-employment taxes.

E. To abide by the collective Spyder Store policies, procedures and guidelines, including any Social Media & Advertising Policies and Guidelines, as well as any future amendments thereto (collectively, the "Spyder Store Policies").

F. To pay appropriate fee for the privilege of selling the Spyder Store products.

G. Either party may terminate this Contract, with or without cause, at any time.

H. To the extent permitted by law, I agree not to act as a representative or a private attorney general, or in any other representative capacity, and/or participate as a member of a class of claimants in any lawsuit against the Spyder Store brought in state or federal court, or in arbitration, with respect to any claims arising under this agreement or with respect to my relationship with the Spyder Store. I understand that this waiver shall survive the termination of this Agreement and my removal as a Spyder Store Independent Sales Representative.

I. By executing this Contract, I agree that any claim or lawsuit relating to this Contract, the Spyder Store Policies or my service as a Spyder Store Independent Sales Representative must be filed within six (6) months of the conduct or action giving rise to such claim or lawsuit. I hereby waive any statute of limitations providing for a longer period in which to file a claim or lawsuit.

J. As an Independent Sales Representative for the Spyder Store who sells the Spyder Store products through my own business, the Spyder Store and I may routinely communicate with each other via U.S. mail, telephone and other means (1) to receive account or order information, (2) to process orders, (3) to make or arrange payments, (4) to receive information about available products and promotions, and (5) for other business purposes. Regardless of any listing on a federal or state Do Not Call registry, I specifically authorize the Spyder Store to call the residential, business or cell phone numbers that I have provided on the front page of this Contract using an agent, pre-recorded messages, automated dialers or any other method that the Spyder Store may choose to use from time to time. I request that any new or additional telephone numbers that I furnish to the Spyder Store be incorporated by reference into this authorization.

II. Other Provisions

A. This Contract shall be effective on the date it is received by the Spyder Store when agreed to by the Representative as provided below and shall supersede any Contract previously made between me and the Spyder Store. This Contract may not be transferred or otherwise assigned without the prior written consent of the Spyder Store Legal Department.

B. All orders are subject to acceptance by the Spyder Store.

C. The Spyder Store reserves the right to discontinue products or to change prices at any time. The Spyder Store reserves the right to change discount schedules or incentive programs upon ten (10) days prior written notice.

D. I hereby grant authorization to the Spyder Store, at any time, to investigate my background, character and credit-standing and agree to provide any information requested by the Spyder Store for the purpose of determining whether I should be appointed as a Spyder Store Independent Sales Representative in accordance with the terms and conditions contained in this document. I also grant the Spyder Store permission to request a report from consumer reporting or other agencies in considering this application and subsequently for the purpose of renewal of account. The Spyder Store reserves the right to deny any persons as an Independent Sales Representatives.

E. I give my consent for the Spyder Store to publicize in any medium my name, photo, performance statistics and statements, without payment, for any Spyder Store-related purposes, including recognition of any sales, recruiting or motivation success I achieve.

F. I hereby agree to participate in the sale of future Spyder Store products.

G. To accept all commissions from the Spyder Store through PayPal; absolutely no exceptions.

H. I hereby agree not to hold the Spyder Store responsible for any late payments due to internet problems or delays by PayPal.

I. If any provision of this Contract or of any of the Spyder Store Policies shall, to any extent, be held invalid, illegal or unenforceable, in whole or in part, the validity, legality and enforceability of the remaining parts of this Contract and of the Spyder Store Policies shall not be affected thereby.

J. This Agreement shall be construed and governed by the laws of the State of Nevada, without giving effect to principles of conflicts of law.

K. You acknowledge and agree that your Personal Information will be collected by The SPYDER Store and will be used to: fulfill the terms of this Agreement, support and better understand the business of our Independent Sales Representatives, make special offers and promotions, and send you information about our products and business opportunities. You consent to your Personal Information being used by the Spyder Store and its affiliated companies, third party service providers, and Representatives. You acknowledge and agree that such use will occur globally, including in countries where data protection laws may differ from those of your home country.

Applicants must be of legal age in their state of residence.

The SPYDER Store. Revised 2017