This Agreement was last modified on October 1, 2012
IF YOU DO NOT AGREE TO THE TERMS OF THE USER AGREEMENT BELOW IMMEDIATELY CEASE USE OF THE SITE.
This is an important document which you are legally bound when choosing to use the www.Shpoonkle.com website at any time, so please review it carefully.
Please review the entire User Agreement below. Your continued use and access to the Site indicates your acceptance of the User Agreement. The Site reserves the right to suspend, close, or limit your access to the Site or the services provided by us on the site (“Services”). Please note that we may close, suspend, or limit your access to your Shpoonkle.com account ("Account") or the Services provided on the Site ("Services"). The Site is only available to users 18 years of age and older and corporate entities that can form legally binding contracts. Users who do not qualify may not access the Site. The User is solely liable for any activity that occurs on their account.
Shpoonkle is not a lawyer referral service and never receives a portion of any attorney's fees. We welcome feedback from Users but are not responsible for any attorney's advice. Use of the Site is subject to our terms of service and privacy policy.
Shpoonkle makes no warranties as to the accuracy of the material provided in our blogs, case briefs, or other legal information .Use of any information on the Site is at Users’ own discretion, and Users should not rely on them for legal advice
The term "User" or "Users" will refer collectively to anyone accessing our Services or Site for any reason. However when a specific provision will apply only to an attorney, they will be addressed as “Attorney”, “Attorneys”, “Lawyer”, “Lawyers” respectively. The terms Attorney and Lawyer can and will be used interchangeably.
The Site is an Internet website which facilitates the process by which those seeking legal services and attorneys may correspond and then form relationships offsite. The Site is not a referral service, as consumers select lawyers and lawyers select clients independently without the Site’s direct involvement. The Site does not guarantee that Users will find legal representations or that Attorneys will find clients through the use of the Site. No legal relationship or any other contractual relationship can be formed on www.shpoonkle.com between the Users of the Site.
AMENDMENT OF USER AGREEMENT
We reserve the right at any time to amend or modify this User Agreement in whole or in part, without any notice to User, by posting the amended User Agreement on the Site or any linked information. The updated version of the User Agreement will be binding and effective at the time it is posted on the Site.
2.1 TERMINATION OF ACCOUNT
Shpoonkle.com The Site reserves the right in its sole discretion to terminate access to the Site or any of its features of any User without reason. The foregoing shall not apply to Attorney users, and termination of account shall be governed by the individual contracts entered in to by the Site and Attorney.
2.2 AGREEMENTS BETWEEN USERS
The Site does not participate in any arrangements made between the Users of the Site. The Site does not involve itself in the agreements between any users or the actual representation of Clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not the Site, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Site.
While the Site makes an effort to ensure every Attorney member is in good standing and has a valid license, the Site does not guarantee that the member shall remain in such standing. The User agrees and understands that the hiring of an attorney is an important decision and the Site does not make any guaranties as to the quality of representation an Attorney member shall provide, or the accuracy of statement the Attorney may make on or off site. Furthermore, the Site does not represent or guarantee that Attorney is licensed and in good standing at the time Users form an agreement. We highly recommend that you check with the appropriate state bar association, to ensure the Attorney you are hiring is licensed to practice law in the state you are seeking legal assistance. No Attorney-Client relationship is formed until an agreement is signed between the Attorney and Client. Users are not obligated to hire any Attorney, and Attorneys are not obligated to provide services for any client on the site. The Site reserves the right to post details of cases posted and bids made on twitter.com, Facebook.com, and other social media websites, however the information will not reveal the User’s identity
3.1 SERVICES AND CONTENT ON THE SITE
The Site offers various blogs, articles, case briefs and other information both legal and general that is available for free to the Users. The Site does not warrant that the information is reliable or accurate and disclaims any and all liability for any loss or damage whether direct or indirect that User may suffer as a result of relying on the information on the Site. Accesses to any and all features on the Site are being provided to User under a non-exclusive, non-transferable, and non-assignable license, which is subject to this Agreement. Users do not have the right to copy, sell, or for any commercial or non commercial purpose exploit the services or content on the Site.
The Site may provide access to 3rd party content and disclaims any and all liability and claims related to the 3rd party content. The Site also disclaims any and all liability and claims related to links to 3rd party sites. The Site does not have access or control to the content or files on 3rd party sites linked on the Site therefore cannot represent the quality, accuracy, or truthfulness of information provided on 3rd party sites. The Site does not edit, verify, or approve any bids, messages, or other content that is transmitted on the site between Users, as such the Site does not represent the quality, accuracy, or truthfulness of the aforementioned and disclaims any and all liability and claims related to such bids, messages or content.
3.2 ATTORNEY CONDUCT AND REPRESENTATION
Attorneys must comply with any and all rules or laws governing the practice of law in their jurisdiction. Often times cases posted on the Site by Users are anonymous; as such there is a risk that a conflict of interest may arise. Attorneys understand and agree that a potential conflict of interest risk may arise and they shall be required to disqualify themselves pursuant to the rules of professional conduct in their jurisdiction. Attorneys further agree to keep all information they review on posted cases confidential and shall not provide false or misleading information about themselves or their services.
User agrees that User shall not publish(this shall include but is not limited to disseminating information through a writing in a blog, website, email, text message, magazine, journal, newspaper, commercial, television show, radio show, etc.) any Content (includes but is not limited to the number of cases posted on the Site, the number of users posting cases on the Site, the content of private communications between Users, the content of case postings by Users, the content of bids by other Attorneys on the Site, data, software, photographs, graphs, videos, typefaces, case briefs, case outlines, graphics, music, sounds, and other material on the Site) without the prior written consent of the Site. User agrees that User shall not modify, remove, delete, augment, add to, publish, and transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. All past, current, and future Content on the Site is owned by the Site and is protected by copyrights, trademark, and/or trade secret.
You agree and grant the Site the right to display your name, company name, logo and any other data or information you submit to the Site, as part of the Site’s on-site and off-site marketing, advertising and promotions.
There will be ABSOLUTELY NO refunds for any goods, products, or services purchased through the Site.
Users may not negotiate the fee for a case outside of Shpoonkle.com after a case has been posted and before it has been closed (meaning an attorney has been selected). This restriction shall also apply to any case that was closed and/or expired in which no attorney was selected. Attorney members shall NOT under any circumstances under bid on cases in an attempt to renegotiate the actual price of services afterwards.
The Site reserves the right to take any action it deems necessary with regard to content uploaded by User. User warrants and represents that any and all content uploaded by User shall not infringe on any trademark, patent, copyright, or other intellectual property right, right of privacy or publicity of a third party, shall not violate any law, shall not contain child pornography, inaccurate information, or be slanderous or libelous. User understands that by submitting any content to the Site, which includes but is not limited to any profile information, case posting, profile pictures, bids, and message sent, User grants the Site a a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, publicly display, distribute, create derivative works of such content. Content provided by a link, which links to a 3rd party website shall not be deemed submitted content.
Attorneys may place bids in the form of flat rate, contingency rates, hourly rates, or offer pro-bono services.
The Site reserves the right to cancel the membership of any User who violates the terms of this agreement, is subject of complaints by other Users, or for no reason at all.
Attorneys agree that they shall provide accurate information as to their identity, shall not provide legal advice on the site but rather general information, and shall adhere to all policies and terms of conditions as posted on the Site.
User shall not create multiple accounts to avoid suspension or unfavorable ratings. User shall not contact other users through information gained from the Site with the intent of driving them away from the Site, or using services not provided by the Site. User shall not use any automated software to spider, copy, or monitor any part of the Site.
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from the Site. Attorney members shall be entitled to a refund pursuant to the terms of their individual Membership Agreement.
Without limiting any rights or remedies available to the Site, if User violates the User Agreement, User shall pay the Site for any and all fees owed to the Site and reimburse the Site for all loses, costs and expenses (including employee time, reasonable expenses, and legal fees), related to the investigation of the violation and collection of fees.
User agrees that the Site shall sustain damage as a result of the violation of the User Agreement, and such damage will be substantial and shall include without limitation fines and other related expenses from its attorneys and merchant payment processors, but such damage is extremely difficult or impracticable to determine. User agrees that if user violates the User Agreement the Site may fine User up to US $2,000.00 for each such violation and or the Site may take legal action against User to recover losses in excess of the fine charged. User agrees that a fine up to US $2,000 and that the aforesaid amount is a reasonable estimate or minimum estimate of the damages the Site may incur, considering all currently existing circumstances.
The site is shall not participate between disputes between Users. The site is not involved in any way in the transactions between Users and User acknowledges and agrees that the Site shall not be a party to any such dispute or be obligated to take any action or refrain from taking action towards the resolution of such dispute.
Users release the Site from any and all demands, claims, damages (actual and/or consequential) of every kind and nature, which are known and unknown relating to such disputes.
Users agree that the Site shall process your personal information in order to provide services and fulfill this Agreement. User consents to receive emails from the Site regarding services, products, and other relevant content and agrees that User’s personal information may be transferred between the Site and any associated entity. While User may opt-out of emails, or the Site reserves the right to immediately terminate the Users’ membership.
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of the Site and are protected by United States and international copyright laws. "The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web Site are registered and unregistered trademarks of its affiliates and others. Nothing contained on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of or such third party that may own the trademark displayed on this Web Site. Your misuse of the Trademarks displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited."
Shpoonkle.com is not involved in the actual transaction between Users. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, Shpoonkle.com does not represent or warrant that: the Site will be accurate, reliable, uninterrupted, secure or error-free; defects in the Site will be corrected; the Site or the server that makes it available are free of viruses or other harmful Components. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Site makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any Users.
The Site is not responsible for the content of materials posted on the Site. The opinions and views expressed are those of the individual Users of the Site and do not reflect those of the Site. Data submitted by other Users is not verified or reviewed in any way before it appears on the the Site. The Site does not warrant the validity or accuracy of any such information.
Users agree that the Site shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if the Site has been advised of the possibility of such damages. The user further agrees that the Site shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. The site shall not be liable for any damages that result from the use of or inability to use the the Site, including but not limited to reliance by a user on any information obtained from the the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the Site’s records, programs, or services.
The User agrees that the Site is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold the Site harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the Attorney or Attorneys of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to the Site, its affiliates, directors, officers and employees. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of the Site.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited to the maximum extent possible under the applicable legislation.
Shpoonkle.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Shpoonkle.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Florida, United States.
23.1 Entire Amendment/Agreement
This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof.
23.2 Severability
If any provision hereof is found to be invalid, it shall be deemed modified to comply with applicable law and the remaining provisions shall remain in full force and effect in accordance with their terms. 24.2 Headings The section numbers and other headings in this Agreement are purposes only and shall not affect the meaning or interpretation of this Contract.
23.3 Assignment
This Agreement is between the User and Shpoonkle. You may not assign any of your rights or obligations under this agreement to anyone.
The User(s) agree that any and all claims or disputes arising out of or relating to use of the Site or any claims arising out of use of the Site shall be resolved by binding and confidential arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association in Miami-Dade Florida. The arbitrator shall apply the substantive law of the State of Florida and the Florida Rules of Evidence. The arbitrator shall provide a written award and written decision which shall also contain a concise written statement of the reasons for the award, stating the essential findings and conclusions on which the award is based. Any award may then be entered as a judgment in a court of competent jurisdiction in Miami-Dade, Florida. Shpoonkle reserves the right to seek equitable relief in a court of competent jurisdiction in Miami-Dade, Florida necessary to protect the rights of Shpoonkle pending an arbitration award. (b) Any claim or causes of action must be commenced within one (1) year after the cause of action accrues, otherwise the claim or cause of action will be permanently barred. The foregoing shall not apply to any claim or cause of action related to any violation of Shpoonkle's intellectual property rights.
IF YOU DO NOT AGREE TO THE TERMS OF THE USER AGREEMENT BELOW IMMEDIATELY CEASE USE OF THE SITE.
USER AGREEMENT FOR SHPOONKLE.COM
This is an important document which you are legally bound when choosing to use the www.Shpoonkle.com website at any time, so please review it carefully.
1. ACCEPTANCE OF USER AGREEMENT
This user agreement ("User Agreement" or "Agreement") is a contract between you and Shpoonkle LLC www.Shpoonkle.com (“Site” or “We” as appropriate). Access to the Site is offered to you conditional on your acceptance of the User Agreement.Please review the entire User Agreement below. Your continued use and access to the Site indicates your acceptance of the User Agreement. The Site reserves the right to suspend, close, or limit your access to the Site or the services provided by us on the site (“Services”). Please note that we may close, suspend, or limit your access to your Shpoonkle.com account ("Account") or the Services provided on the Site ("Services"). The Site is only available to users 18 years of age and older and corporate entities that can form legally binding contracts. Users who do not qualify may not access the Site. The User is solely liable for any activity that occurs on their account.
Shpoonkle is not a lawyer referral service and never receives a portion of any attorney's fees. We welcome feedback from Users but are not responsible for any attorney's advice. Use of the Site is subject to our terms of service and privacy policy.
Shpoonkle makes no warranties as to the accuracy of the material provided in our blogs, case briefs, or other legal information .Use of any information on the Site is at Users’ own discretion, and Users should not rely on them for legal advice
The term "User" or "Users" will refer collectively to anyone accessing our Services or Site for any reason. However when a specific provision will apply only to an attorney, they will be addressed as “Attorney”, “Attorneys”, “Lawyer”, “Lawyers” respectively. The terms Attorney and Lawyer can and will be used interchangeably.
The Site is an Internet website which facilitates the process by which those seeking legal services and attorneys may correspond and then form relationships offsite. The Site is not a referral service, as consumers select lawyers and lawyers select clients independently without the Site’s direct involvement. The Site does not guarantee that Users will find legal representations or that Attorneys will find clients through the use of the Site. No legal relationship or any other contractual relationship can be formed on www.shpoonkle.com between the Users of the Site.
AMENDMENT OF USER AGREEMENT
We reserve the right at any time to amend or modify this User Agreement in whole or in part, without any notice to User, by posting the amended User Agreement on the Site or any linked information. The updated version of the User Agreement will be binding and effective at the time it is posted on the Site.
2. LEGAL RELATIONSHIP BETWEEN YOU AND THE SITE
2.1 TERMINATION OF ACCOUNT
Shpoonkle.com The Site reserves the right in its sole discretion to terminate access to the Site or any of its features of any User without reason. The foregoing shall not apply to Attorney users, and termination of account shall be governed by the individual contracts entered in to by the Site and Attorney.
2.2 AGREEMENTS BETWEEN USERS
The Site does not participate in any arrangements made between the Users of the Site. The Site does not involve itself in the agreements between any users or the actual representation of Clients. Therefore, we cannot ensure the completion of the agreement or the integrity of either party. The User, and not the Site, is solely responsible for assessing the integrity, honesty, and trustworthiness of all persons with whom the User communicates on the Site.
3. QUALITY OF ATTORNEY MEMBERS AND HIRING
While the Site makes an effort to ensure every Attorney member is in good standing and has a valid license, the Site does not guarantee that the member shall remain in such standing. The User agrees and understands that the hiring of an attorney is an important decision and the Site does not make any guaranties as to the quality of representation an Attorney member shall provide, or the accuracy of statement the Attorney may make on or off site. Furthermore, the Site does not represent or guarantee that Attorney is licensed and in good standing at the time Users form an agreement. We highly recommend that you check with the appropriate state bar association, to ensure the Attorney you are hiring is licensed to practice law in the state you are seeking legal assistance. No Attorney-Client relationship is formed until an agreement is signed between the Attorney and Client. Users are not obligated to hire any Attorney, and Attorneys are not obligated to provide services for any client on the site. The Site reserves the right to post details of cases posted and bids made on twitter.com, Facebook.com, and other social media websites, however the information will not reveal the User’s identity
3.1 SERVICES AND CONTENT ON THE SITE
The Site offers various blogs, articles, case briefs and other information both legal and general that is available for free to the Users. The Site does not warrant that the information is reliable or accurate and disclaims any and all liability for any loss or damage whether direct or indirect that User may suffer as a result of relying on the information on the Site. Accesses to any and all features on the Site are being provided to User under a non-exclusive, non-transferable, and non-assignable license, which is subject to this Agreement. Users do not have the right to copy, sell, or for any commercial or non commercial purpose exploit the services or content on the Site.
The Site may provide access to 3rd party content and disclaims any and all liability and claims related to the 3rd party content. The Site also disclaims any and all liability and claims related to links to 3rd party sites. The Site does not have access or control to the content or files on 3rd party sites linked on the Site therefore cannot represent the quality, accuracy, or truthfulness of information provided on 3rd party sites. The Site does not edit, verify, or approve any bids, messages, or other content that is transmitted on the site between Users, as such the Site does not represent the quality, accuracy, or truthfulness of the aforementioned and disclaims any and all liability and claims related to such bids, messages or content.
3.2 ATTORNEY CONDUCT AND REPRESENTATION
Attorneys must comply with any and all rules or laws governing the practice of law in their jurisdiction. Often times cases posted on the Site by Users are anonymous; as such there is a risk that a conflict of interest may arise. Attorneys understand and agree that a potential conflict of interest risk may arise and they shall be required to disqualify themselves pursuant to the rules of professional conduct in their jurisdiction. Attorneys further agree to keep all information they review on posted cases confidential and shall not provide false or misleading information about themselves or their services.
4. CONTENT ON THE SITE
User agrees that User shall not publish(this shall include but is not limited to disseminating information through a writing in a blog, website, email, text message, magazine, journal, newspaper, commercial, television show, radio show, etc.) any Content (includes but is not limited to the number of cases posted on the Site, the number of users posting cases on the Site, the content of private communications between Users, the content of case postings by Users, the content of bids by other Attorneys on the Site, data, software, photographs, graphs, videos, typefaces, case briefs, case outlines, graphics, music, sounds, and other material on the Site) without the prior written consent of the Site. User agrees that User shall not modify, remove, delete, augment, add to, publish, and transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. All past, current, and future Content on the Site is owned by the Site and is protected by copyrights, trademark, and/or trade secret.
5. PROMOTION
You agree and grant the Site the right to display your name, company name, logo and any other data or information you submit to the Site, as part of the Site’s on-site and off-site marketing, advertising and promotions.
6. REFUNDS
There will be ABSOLUTELY NO refunds for any goods, products, or services purchased through the Site.
7. Bidding and Fees
7.1 Prohibition on negotiation of fee outside of SiteUsers may not negotiate the fee for a case outside of Shpoonkle.com after a case has been posted and before it has been closed (meaning an attorney has been selected). This restriction shall also apply to any case that was closed and/or expired in which no attorney was selected. Attorney members shall NOT under any circumstances under bid on cases in an attempt to renegotiate the actual price of services afterwards.
8. USER CONTENT
The Site reserves the right to take any action it deems necessary with regard to content uploaded by User. User warrants and represents that any and all content uploaded by User shall not infringe on any trademark, patent, copyright, or other intellectual property right, right of privacy or publicity of a third party, shall not violate any law, shall not contain child pornography, inaccurate information, or be slanderous or libelous. User understands that by submitting any content to the Site, which includes but is not limited to any profile information, case posting, profile pictures, bids, and message sent, User grants the Site a a worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, publicly display, distribute, create derivative works of such content. Content provided by a link, which links to a 3rd party website shall not be deemed submitted content.
9. ATTORNEY BIDDING
Attorneys may place bids in the form of flat rate, contingency rates, hourly rates, or offer pro-bono services.
10. CANCELLING MEMBERSHIP
The Site reserves the right to cancel the membership of any User who violates the terms of this agreement, is subject of complaints by other Users, or for no reason at all.
11. ATTORNEY INFORMATION
Attorneys agree that they shall provide accurate information as to their identity, shall not provide legal advice on the site but rather general information, and shall adhere to all policies and terms of conditions as posted on the Site.
12. GENERAL RESTRICTIONS
User shall not create multiple accounts to avoid suspension or unfavorable ratings. User shall not contact other users through information gained from the Site with the intent of driving them away from the Site, or using services not provided by the Site. User shall not use any automated software to spider, copy, or monitor any part of the Site.
13. CONSEQUENCES OF TERMINATION
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from the Site. Attorney members shall be entitled to a refund pursuant to the terms of their individual Membership Agreement.
Without limiting any rights or remedies available to the Site, if User violates the User Agreement, User shall pay the Site for any and all fees owed to the Site and reimburse the Site for all loses, costs and expenses (including employee time, reasonable expenses, and legal fees), related to the investigation of the violation and collection of fees.
User agrees that the Site shall sustain damage as a result of the violation of the User Agreement, and such damage will be substantial and shall include without limitation fines and other related expenses from its attorneys and merchant payment processors, but such damage is extremely difficult or impracticable to determine. User agrees that if user violates the User Agreement the Site may fine User up to US $2,000.00 for each such violation and or the Site may take legal action against User to recover losses in excess of the fine charged. User agrees that a fine up to US $2,000 and that the aforesaid amount is a reasonable estimate or minimum estimate of the damages the Site may incur, considering all currently existing circumstances.
14. PARTICIPATION IN DISPUTES
The site is shall not participate between disputes between Users. The site is not involved in any way in the transactions between Users and User acknowledges and agrees that the Site shall not be a party to any such dispute or be obligated to take any action or refrain from taking action towards the resolution of such dispute.
Users release the Site from any and all demands, claims, damages (actual and/or consequential) of every kind and nature, which are known and unknown relating to such disputes.
15. PERSONAL DATA
Users agree that the Site shall process your personal information in order to provide services and fulfill this Agreement. User consents to receive emails from the Site regarding services, products, and other relevant content and agrees that User’s personal information may be transferred between the Site and any associated entity. While User may opt-out of emails, or the Site reserves the right to immediately terminate the Users’ membership.
16. COPYRIGHT
16.1 CopyrightThe content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of the Site and are protected by United States and international copyright laws. "The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this Web Site are registered and unregistered trademarks of its affiliates and others. Nothing contained on this Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Web Site without the written permission of or such third party that may own the trademark displayed on this Web Site. Your misuse of the Trademarks displayed on this Web Site, or any other content on this Web Site, except as provided herein, is strictly prohibited."
17. NO WARRANTY
Shpoonkle.com is not involved in the actual transaction between Users. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, Shpoonkle.com does not represent or warrant that: the Site will be accurate, reliable, uninterrupted, secure or error-free; defects in the Site will be corrected; the Site or the server that makes it available are free of viruses or other harmful Components. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Site makes no representation, guarantee, or warranty (express or implied) as to the legal ability, competence, or quality of representation which may be provided by any Users.
The Site is not responsible for the content of materials posted on the Site. The opinions and views expressed are those of the individual Users of the Site and do not reflect those of the Site. Data submitted by other Users is not verified or reviewed in any way before it appears on the the Site. The Site does not warrant the validity or accuracy of any such information.
18. LIMITATION OF LIABILITY
18.1 Limitation of liabilityUsers agree that the Site shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service or resulting from unauthorized access to or alteration of user's transmissions or data, including, but not limited to damages for loss of profits, use, data or other intangibles, even if the Site has been advised of the possibility of such damages. The user further agrees that the Site shall not be liable for any damages arising from interruption, suspension or termination of service, including, but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. The site shall not be liable for any damages that result from the use of or inability to use the the Site, including but not limited to reliance by a user on any information obtained from the the Site or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the Site’s records, programs, or services.
19. INDEMNIFICATION
The User agrees that the Site is not responsible for any harm that this service may cause. The User agrees to indemnify, defend, and hold the Site harmless from and against any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents or use of the Site. The User agrees that this defense and indemnity shall also apply to any breach by the Attorney or Attorneys of the Agreement or the foregoing representations, warranties and covenants. The User further agrees that this defense and indemnity shall include without limitation attorney fees and costs. The User also agrees that this defense and indemnity shall apply to the Site, its affiliates, directors, officers and employees. The Site reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and the User shall not in any event settle any matter without the written consent of the Site.
20. LIMITATIONS
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited to the maximum extent possible under the applicable legislation.
21. PLEADING OF USER AGREEMENT
Shpoonkle.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against Shpoonkle.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.
22. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of Florida, United States.
23. MISCELLANEOUS
23.1 Entire Amendment/Agreement
This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof.
23.2 Severability
If any provision hereof is found to be invalid, it shall be deemed modified to comply with applicable law and the remaining provisions shall remain in full force and effect in accordance with their terms. 24.2 Headings The section numbers and other headings in this Agreement are purposes only and shall not affect the meaning or interpretation of this Contract.
23.3 Assignment
This Agreement is between the User and Shpoonkle. You may not assign any of your rights or obligations under this agreement to anyone.
24. DISPUTES
24.1 ArbitrationThe User(s) agree that any and all claims or disputes arising out of or relating to use of the Site or any claims arising out of use of the Site shall be resolved by binding and confidential arbitration conducted under the Commercial Arbitration Rules of the American Arbitration Association in Miami-Dade Florida. The arbitrator shall apply the substantive law of the State of Florida and the Florida Rules of Evidence. The arbitrator shall provide a written award and written decision which shall also contain a concise written statement of the reasons for the award, stating the essential findings and conclusions on which the award is based. Any award may then be entered as a judgment in a court of competent jurisdiction in Miami-Dade, Florida. Shpoonkle reserves the right to seek equitable relief in a court of competent jurisdiction in Miami-Dade, Florida necessary to protect the rights of Shpoonkle pending an arbitration award. (b) Any claim or causes of action must be commenced within one (1) year after the cause of action accrues, otherwise the claim or cause of action will be permanently barred. The foregoing shall not apply to any claim or cause of action related to any violation of Shpoonkle's intellectual property rights.
