Terms & Conditions
Ownership of Site Content -- Copyrights, Trademarks and Restrictions on Use
This site and all of the content made available on it, including all merchandise, designs, illustrations, photographs, graphics, articles, text, video and audio, all other copyrightable material, all trademarks, trade names, service marks, logos and domain names, and all other forms of intellectual property ("Content"), are owned by Spot On Square LLC or third parties, and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and international treaties. Spot On Square LLC grants to you a non-exclusive, limited purpose license to access and view this site, and to print selected pages that appear on this site for your own personal reference and non-commercial use, but not to otherwise use the Content in any manner not expressly authorized in these Terms and Conditions. Nothing contained in these Terms and Conditions may be interpreted to grant to you any other license or right to access or use any of the Content without the prior written consent of Spot On Square LLC or any third party owner of the Content. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING, OR ANY OTHER MISUSE, OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. As a user of this site, you agree not to use the Content for any unlawful purpose, and not to violate Spot On Square LLC 's rights, or any third party owner's rights, in and to the Content. Spot On Square and Spot On Square LLC are registered trademarks of Spot On Square LLC.
You may create a link from your web site to the home page of spotonsquare.com provided that you obtain prior written consent from Spot On Square and provided that you do not link to the Site from any site containing obscene, defamatory, threatening or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful.
The potential linking to an internal or subsidiary page of the Site located one or several levels down from the home page ("deep linking") or the bringing up of or presenting content within another web site ("framing") is not permitted without prior written permission from Spot On Square.
We may provide links on this site to sites operated by other parties for your convenience. Because we have no control over these sites, we cannot take responsibility for their operation or for the content or merchandise featured on or made available through them. You should carefully review the terms and conditions of use and privacy policies associated with these sites before making any use of them, particularly because these sites may make use of your personally identifiable information in ways consistent with these Terms and Conditions.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT YOU ARE USING THIS SITE AT YOUR OWN RISK, AND THAT THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Spot On Square LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENT, MERCHANDISE OR SERVICES FEATURED ON THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, Spot On Square LLC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS SITE, THE CONTENT, MERCHANDISE OR SERVICES FEATURED, OFFERED AND/OR SOLD ON THIS SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Spot On Square LLC, DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT, FEATURED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, PRICE, INDICATION OF AVAILABILITY, OR OTHER INFORMATION FEATURED ON THIS SITE.
Spot On Square LLC DOES NOT WARRANT THAT THIS SITE, THE SERVERS ON WHICH IT RESIDES OR E-MAIL SENT FROM THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Spot On Square LLC WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, IDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE STATE LAWS.
You agree to indemnify and hold harmless Spot On Square LLC and its directors, officers, employees, contractors and suppliers ("Indemnified Parties"), from and against any and all claims, demands, actions, proceedings and damages, including without limitation reasonable attorneys' fees and costs, that may be incurred by any of the Indemnified Parties and that arises from or relates to your use of this site.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Spot On Square will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.
Governing Law and Disputes
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its principles of conflicts of laws. Any dispute arising between us shall be brought before any court located within the State, City and County of Nebraska having jurisdiction over such a dispute. By using this site you irrevocably submit to the jurisdiction of the above-mentioned Nebraska courts for purposes of resolving any such dispute, and waive any claim or defense of convenient forum or lack of personal jurisdiction.
Termination of Use
Spot On Square, may, in its sole discretion, terminate your account or your use of spotonsquare.com at any time. You are personally liable for any orders that you place or charges that you incur prior to termination. Spot On Square reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.
Changes to Site and Terms and Conditions
We reserve the right to change or modify all or any portion of this site, including any and all Content, merchandise or services featured on this site, at any time in our sole discretion. Sales prices for merchandise and services are subject to change without notice, and if merchandise or services are listed at an incorrect sales price, we reserve the right to refuse, cancel or limit any orders placed for such merchandise or services at the correct price.
We also reserve the right to change or modify all or any portion of these Terms and Conditions at any time in our sole discretion. At times such changes may be necessary to address the addition or discontinuance of merchandise or services offered on this site, technological changes made to this site, changes made to our business procedures or practices, or other factors. More importantly, we will not be obligated to notify you of these changes as and when they are made. Accordingly, it is important that you review these Terms and Conditions regularly. If you disagree with any change that we may make to these Terms and Conditions, your sole recourse is to discontinue your use of this site.