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Terms of Use

SPOT ON IDEAS, INC.
Website Terms of Use Agreement

This Website Terms of Use Agreement (this "Agreement") is between you and Spot On Ideas, Inc., a Washington corporation ("Company"), with a principal place of business at 1037 NE 65th Street, Suite 347, Seattle, Washington, 98115, and Company's successors and assigns. Use of the Company's website, www.SpotOnIdeas.com (the "Website"), signifies your agreement to the following terms and conditions:

(1) You acknowledge that you have read the terms and conditions of use set forth herein and that you accept the terms of this Agreement. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE COMPANY'S WEBSITE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website.

(2) Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in this Agreement will be posted on the Website.

(3) All orders for products and services placed with Company, at the Website or otherwise, shall be governed by Company's Terms and Conditions of Sale.

(4) Company may monitor your use of the Website, and may use and disclose any information and materials received from you or collected through your use of the Website for any lawful reason or purpose, subject to the terms and conditions of Company's Privacy Policy.

(5) The Website is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for your personal, non-commercial use. All materials contained on the Website are protected by copyright, and are owned or controlled by Company or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Website. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual content's copyright notice.

(6) The trademarks, logos and service marks ("Marks") displayed on the Website are the property of Company or other third parties. You are not permitted to use the Marks without the prior written consent of Company or such third party that may own the Marks. "Spot On Ideas," "plan-relax-enjoy," "The Plan" and the "Spot On Ideas" logo are trademarks of Company.

(7) Company may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

(8) You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact.

(9) Children (persons under the age of 18) are not eligible to use the Website unsupervised. Company requests that children not submit any personal information to Company. If you are under the age of 18, you may only use the Website in conjunction with and under the supervision of one of your parents or guardians, who hereby agree to all terms and conditions of this Agreement on behalf of themselves and on your behalf.

(10) You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.

(11) The Website may contain links and pointers to other websites and resources. Links to and from Company's Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company of any third party resources, or their contents. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Company's Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Company's Website.

(12) THE COMPANY WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE COMPANY WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE WEBSITE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE COMPANY WEBSITE OR ANY LINKED SITE. FURTHER, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE COMPANY WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COMPANY WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE COMPANY WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND SITE-RELATED SERVICES.

COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SITE-RELATED SERVICESAND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE.

THE TOTAL LIABILITY OF COMPANY FOR ANY KIND OF LOSS, DAMAGE, OR LIABILITY ARISING UNDER OR RELATING TO YOUR USE OF THE WEBSITE, THIS AGREEMENT, ANY ORDER FOR PRODUCTS OR SERVICES OR OTHERWISE, UNDER ANY THEORY OF LIABILITY, SHALL BE LIMITED TO THE PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT OR SERVICE, IF ANY.

(13) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN KING COUNTY, WASHINGTON.

Last Updated: 3/2008