Terms of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Spiral Up media is a licensed distributor of Formostar products. All sales are at the discretion of Formostar, Inc. Any product warranties or obligations are between Formostar and the purchaser of the Formostar units. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Spiral Up Media, Inc. The collective work includes works that are licensed to Spiral Up Media, Inc. , LLC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Spiral Up Media, Inc or purchasing Formostar products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Spiral Up Media, Inc or to purchase Formostar products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Spiral Up Media, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Formostar used in the site are trademarks or registered trademarks of Formostar.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Spiral Up Media, Inc disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Spiral Up Media, Inc does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Spiral Up Media, Inc does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Spiral Up Media, Inc shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Spiral Up Media, Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Spiral Up Media, Inc product is mistakenly listed at an incorrect price, Spiral Up Media, Inc reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Spiral Up Media, Inc 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, Spiral Up Media, Inc shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Spiral Up Media, Inc without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Spiral Up Media, Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Spiral Up Media, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Formostar products) shall be in the state or federal courts located in Seminole County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Spiral Up Media, Inc) must be commenced within one (1) year after the claim or cause of action arises. Spiral Up Media, Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Spiral Up Media, Incmay assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Spiral Up Media, Inc or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Spiral Up Media, Inc does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Spiral Up Media, Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Spiral Up Media, Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Spiral Up Media, Inc in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Spiral Up Media, Inc, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Spiral Up Media, Inc may link to sites operated by third parties. However, even if the third party is affiliated with Spiral Up Media, Inc, Spiral Up Media, Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Spiral Up Media, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Spiral Up Media, Inc seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
SMS Terms and Conditions
Please read these terms and conditions carefully. By checking the box or opting in on our website(s) to sign up for one or more promotions, contests, sweepstakes, newsletters, appointments, appointment reminders, etc., you expressly consent to receive non-marketing and marketing text messages from Spiral Up Media, Inc, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.
Description:
Spiral Up Media, Inc may use an automatic telephone dialing system (“autodialer”) to deliver text messages to you. These text messages are intended to provide you with information about upcoming deliveries and services (e.g., Events, coupons, promotions, sweepstakes, contests, appointment reminders, appointment confirmations, etc.).
Frequency of Text Messages:
The number of text messages that you receive will vary depending on how many of Spiral Up Media, Inc’s programs which you sign up for.
Cost:
Message and data rates may apply to each text message sent or received in connection with Spiral Up Media, Inc’s text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Spiral Up Media, Inc does not impose a separate fee for sending text messages.
Supported Carriers:
Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, and Alltel, among others.
How to Opt-Out:
To stop receiving text messages from Spiral Up Media, Inc, text STOP to the phone number that you receive text messages from or call Spiral Up Media, Inc.
Your Mobile Telephone Number:
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Spiral Up Media, Inc immediately if you change your mobile telephone number. You may notify Spiral Up Media, Inc of a number change by submitting a “contact us” form on the website or calling Spiral Up Media, Inc at the phone number provide on the website. You agree to indemnify Spiral Up Media, Inc in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Spiral Up Media, Inc if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Changes to Terms and Conditions:
Spiral Up Media, Inc may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Spiral Up Media, Inc’s websites. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Spiral Up Media, Inc’s text messages will indicate your acceptance of those changes.
Communications and Consent to Electronic Notices:
You may communicate with Spiral Up Media, Inc via postal mail, telephone, and our website. Spiral Up Media, Inc may issue notices via these various channels, including by sending e-mail to an address you provide. You agree that such notices shall have legal effect.
You also agree that notices sent by e-mail satisfy any requirement that notices be provided in writing. If you do not agree, do not use Spiral Up Media, Inc’s products or services.
You may have the right to withdraw your consent to receive certain electronic communications, and, when required by law, Spiral Up Media, Inc will provide you with paper copies upon request. You may make such a request via [any of the channels listed above]. If you withdraw your consent, Spiral Up Media, Inc reserves the right to terminate your use of Spiral Up Media, Inc’s products or services.
To receive, access, and retain the notices that Spiral Up Media, Inc sends via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices that Spiral Up Media, Inc may send. You may update your contact information through the “contact us” form on the website.