This website (“Site”) located at the http://www.spmiplus.com domain name is published and maintained by SPMI LLC, a Florida limited liability company, and its affiliates (collectively known herein as “SPMI”), with a business address in Pembroke Pines, Florida. By accessing and using our website, providing data, messages or other information, and/or using the services offered by us or any third parties on or through the Site (the “Services”), you agree to this Terms of Use Agreement (“Agreement”) as it may be amended from time-to-time. The terms “we”, “us”, and “SPMI ” refer to SPMI LLC, and its affiliates.
1. Privacy. Your privacy is important to us. When you visit the Site, we do not collect any personally identifiable information about you unless you specifically provide it to us via email, when you enter the data into pages on our Site, or when you subscribe to our newsletter. Please see SPMI’s Privacy Policy for more information about our practices.
2. Amendment/Notice of Changes. We reserve the right to change the terms and conditions contained in this Agreement, other service-specific terms and conditions, or any policies or guidelines governing the Services we provide, including without limitation, any of the information posted on the Site, at any time and in our sole discretion. Any changes to the Site, including service-specific terms and conditions, or policies and guidelines referenced in this Agreement, will be effective upon posting of such revisions on the Site and without notice to you. We will, however, post a notice of any changes to this Agreement on the Site after the changes are effective. You are responsible for regularly reviewing the Site for changes and notice of any changes. Changes to referenced policies and guidelines or any other information in any Web pages may be posted without any other notice to you. YOUR CONTINUED USE OF THE SITE AND THE SERVICES FOLLOWING OUR POSTING OF ANY CHANGES TO THE AGREEMENT ON THE SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE SITE, DO NOT CONTINUE TO USE THE SERVICES OR THE SITE.
3. Site Purpose and Site License. The purpose of the Site is to provide consumers with a quick and easy way to view SPMI’s products and Services, purchase SPMI’s products and Services, contact SPMI and otherwise interact with SPMI. The Site, and all Content (defined) are provided only for use in providing the Services offered via the Site.
We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any Content on the Site; any derivative use of this Site or its Content; any downloading or copying of account information for the benefit of another party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent. 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 our Site and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license to the Site granted by SPMI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as these links do not portray us, our members, affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.
For the avoidance of doubt, we do not hereby grant you any license or other rights to any intellectual property or technology owned or operated by SPMI or any of our affiliates, including, without limitation, any trademarks or trade names.
4. Payment Terms and Renewal. These payment terms apply to your purchase of any monthly and annual Services. You must pay all fees for the monthly and annual Services you purchase. When you sign up to purchase our monthly and annual Services, we require you to provide a valid credit card or other payment method. For the monthly membership Service, we will charge your credit card or other payment method automatically each month for the Services, until you cancel your membership. Memberships will renew automatically at the end of the monthly term, and we will automatically bill you on renewal unless you cancel your membership. For the annual membership Service, we will charge your credit card or other payment method only one time and your credit card or other payment method will not be automatically charged again. The annual membership Service will not renew at the end of the annual term.
You authorize us to charge your credit card or other payment method for the fees associated with the monthly or annual Services. You agree to provide the Site updated information regarding your credit card or other payment method upon our request and any time the information earlier provided is no longer valid.
For the monthly membership Service, you may cancel your monthly membership at any time, with 30 days’ notice, by logging on to the Site. If you cancel your monthly membership, you must continue to pay for the rest of your plan term and you are not entitled to a refund. All fees you pay for the Services are non-refundable, i.e., there are no refunds or credits for periods where you did not use the Site, used it only partially, or deactivated the membership during an ongoing payment interval. All fees you pay for the Services are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. You are solely responsible for the payment of such taxes, levies or duties.
For the annual membership Service, you may not cancel your membership at any time. If you cancel your annual membership, you must continue to pay for the rest of your plan term and you are not entitled to a refund. All fees you pay for the Services are non-refundable, i.e., there are no refunds or credits for periods where you did not use the Site, used it only partially, or deactivated the membership during an ongoing payment interval. All fees you pay for the Services are exclusive of all taxes, levies or duties applicable under any applicable law, unless stated otherwise stated herein. You are solely responsible for the payment of such taxes, levies or duties.
4.1 Sales. The terms of sale with regard to the placement of orders and the purchase of products from SPMI through the Site are governed by the Terms of Sale and other purchase-related policies available on the Site at the time of purchase, such as the Limited Product Warranty and the Shipping & Handling terms, which are in effect at the time of purchase. From time to time, SPMI may offer different sales and/or promotions upon such terms as are provided in connection therewith. Unless otherwise expressly provided in such specific promotion or sale terms, promotions cannot be combined with other promotions or sales, and any exclusive promotion can only be used by the recipient of the exclusive promotion.
5. Content
“Content” used within this Agreement means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as contact information, reports, messages, photographs, videos and information that you provide to us via email, when you enter the data into pages on our Site, or when you subscribe to our newsletter.
A. Responsibility for Your Content
You alone are responsible for Your Content, and once stored or published, it cannot always be deleted or withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by SPMI.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
We may use Your Content in a number of different ways, including storing it, reformatting it, incorporating it into other types of metadata, in accordance with the SPMI Privacy Policy. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for said purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access Your Content in connection with their use of the Site and any other media. Finally, you irrevocably waive, and cause to be waived, against SPMI and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, reproduce, modify, translate, remove, and analyze Your Content.
C. SPMI’s Content
All content placed on the Site by SPMI, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SPMI or the property of its partners, agents, affiliates, or suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SPMI and protected by U.S. and international copyright laws. All software used on this site is the property of SPMI or the property of its partners, agents, affiliates, or suppliers and protected by United States and international copyright laws.
D. SPMI’s Trademarks
SPMI+ (Ser. No. 97102133) and other marks on our Site are trademarks of SPMI. All of our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of SPMI. Our trademarks and trade dress may not be used in connection with any product or service that is not ours or directly related to us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
E. USER SUBMISSIONS
SPMI does not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing. Please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose to SPMI in violation of this section shall be deemed and shall remain the property of SPMI and SPMI will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such information.