Acceptance of the Terms of Use

Last Modified: July 21, 2021

 

These terms of use are entered into by and between You ( "you" or "your"), Spot Insurance, Inc., a Delaware corporation ( "Spot," "Company," "we," "our," or "us"), and TSG Ski & Golf, LLC (“Partner”). The following terms and conditions, together with the documents they expressly incorporate by reference (collectively,

the "Terms of Use"), govern your access to and use of www.getspot.com and/or www.telluride.com (collectively, the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user (the "Services").

Please read the Terms of Use carefully before you start to use the Website or Services. By using the Website or Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, as well as any other documents or forms presented to you at the time you sign up for coverage using our Services (the "Supporting Documents"), all of which are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.

Depending on what Services you sign up for, and/or how you use or receive our Services, you may be asked to acknowledge and agree to certain Supporting Documents, including but not limited to an Outline of Coverage, Application Authorization and Acknowledgement. If you do not agree to these or any other Supporting Documents presented to you, you must not use our Services.

The Website and Services are offered and available to users who are 18 years of age or older. By using the Website or Services, you represent and warrant that you are of legal age to form a binding contract with the Company and Partner, and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.

Our Services Through Partner

The Spot Service is a service that enables users to obtain accident medical expense and/or accidental death and dismemberment coverage through certain insurance carriers with whom we partner to allow You to sign up for a policy directly with such carriers through the Website. More specifically, the Spot Service is being offered herein in collaboration with Partner to allow Partner to provide coverage for individual users like You under a group policy of Partner (a "Group Policy"). As used herein, the terms of your coverage and the provisions of these Terms of Use will refer to our Services as offered by and through Partner. Accordingly, references to “we” and “us” will apply collectively to us and Partner as the context requires.

Certain Group Policy coverage requires you to sign up for coverage and pay an additional fee in order to obtain coverage, and other Group Policies automatically cover you, depending on the particular coverage Partner is offering to customers like you. Group Policies are entered into between Partner and the insurance carrier directly. Not all Group Policies automatically offer coverage, and the terms of coverage will depend on the type of coverage the Partner selected, so You will need to check the terms to understand what coverage you may have. In order to qualify for coverage under a Group Policy, you must be a current member in good standing of the applicable activity, event, association or group ("Partner Group") for which coverage is being offered by Partner. You hereby attest that you have not and will not seek to obtain coverage under a Partner Group Policy if you are not a member or participant in good standing of the Partner Group, and you grant us all rights necessary to verify that (1) you are and were a member of the Partner Group at the time you obtained coverage and (2) that your injury occurred at a time when you were currently a part of the Partner Group.

 

Regardless of whether you sign up for our Services directly through us or through Partner on a Spot or Partner Website, and regardless of whether your policy is an individual policy or coverage is under a Group Policy, these Terms of Use apply to the Services we offer and your relationship with us and Partner. In certain instances, e.g., when your coverage is automatically offered to you by Partner under a Group Policy, you must agree to these Terms of Use at the time you create an account on our Website and prior to filing a claim, if applicable.

When you sign up for the Spot Services, we or the Partner ask you to provide certain information about yourself, and to acknowledge certain terms that govern your relationship with us, Partner and your insurance provider. It is important to understand that although Spot provides the Services to allow you to find and sign up for insurance coverage under a Partner Group Policy through our or Partner’s Website, neither Spot nor Partner are your insurance provider or carrier, and your insurance coverage is subject to certain agreements and terms that you must enter into directly with your carrier at the time you sign up for coverage through our Services. In certain cases, Spot will act as the facilitator of your claims, however, this does not mean that Spot is your insurance carrier, and we and Partner do not assume responsibility in any way for your injuries, the payment of your claims, or the policies for which you sign up. Accordingly, it is imperative that you read all forms, documents and disclosures so that you understand the terms of your coverage and with whom you are obtaining coverage. Prior to filing a claim through our Services, you must acknowledge and agree to these Terms of Use.

Insurance Fraud Notice

Filing a claim for an injury sustained prior to the time and date your coverage became active is considered fraud under State, Federal and local law. By signing up for our Services, you acknowledge and agree that your coverage does not extend to injuries sustained prior to the date and time you signed up for coverage, including any medical treatment for injuries that are sustained prior to coverage, even if treatment occurs after the date your coverage becomes active (such earlier injury and/or later treatment, a "Pre-Existing Event"). You hereby acknowledge and

agree that attempting to use or using our Services in connection with Pre-Existing Event is considered fraud and is punishable by law.


When You file a claim, we and Partner reserve the right in our sole discretion to request any and all information required to verify that you signed up for coverage prior to the date and time of your injury, or that you were part of the Partner Group at the time you are attempting to be covered under a Group Policy. Such information may include, without limitation, injury reports from Partner, membership information, ticket stubs from an event or activity (with date and time stamps), supporting statements or documents from the Partner and other participants, etc.

Insurance Coverage

When you sign up for coverage under any policy using our Services, you will be given a quote for such coverage. It is important to note that all insurance quotes offered to you expire within 60 days of the date the quote is provided.

Provided that you answer the questions in our checkout flow truthfully, qualify for coverage, provide a valid form of payment, and, at checkout, agree or otherwise consent to these Terms of Use, our Privacy Policy, any Supporting Documents, and, to the extent applicable, the Standard Broker Agreement, the Spot Service will allow you to obtain a policy for accidental death & dismemberment and accident medical expense insurance coverage under a Partner Group Policy, in each case subject to the terms and conditions in your policy with the insurer.

Coverage Details; Proposed Insured; Beneficiaries

When you sign up for coverage through our Services, you will be asked to confirm the details of your coverage, and to provide details about yourself as the proposed insured. By selecting coverage through our Services, you expressly acknowledge and agree that (1) you accept the details of coverage presented to you at the time of signup, or if you are covered under a Group Policy automatically, you accept the terms of such coverage; and (2) that all information regarding the proposed insured (you) is accurate and correct. If you elect to name a beneficiary, you also represent the accuracy of the information provided.

Prior to obtaining insurance coverage through our Services, you will be asked to confirm your acceptance of all terms and conditions, including our Terms of Use, any Supporting Documents, and the agreements with your insurance provider governing your coverage and application. These agreements will be made available to you at signup, and you agree that prior to obtaining coverage and using our Services, you have read, understood and agreed to all terms, conditions, agreements and obligations related to your coverage and the use of our Services. These documents can be viewed at any time after sign up on our Website and in your account. If you are automatically covered under a Group Policy, which is determined by Partner In its sole discretion, you expressly agree and consent to the terms of such coverage.

Payment, Fees and Other Charges

If you elect to access any paid component of Spot’s Services, whether on the Spot or Partner Website, you agree to pay all fees and charges, which may include administration fees that may vary depending on the US state or territory or country in which you reside, associated with that paid component, on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable, and are exclusive of any applicable federal, state, or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provide when you elect to access that paid component of Spot’s Services. You agree to maintain a valid payment method during the term of your use of such services.

Spot and/or Partner may change the price for the Spot Services from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. If a price change applies to a subscription for Spot Services, such price change will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price change by continuing to use the Services after the price change takes effect. If you do not agree with the price change, you have the right to reject the change by cancelling your subscription for such Services prior to the price change going into effect. Cancellations will take effect the day after the last day of the current subscription period. Neither Spot nor Partner provide refunds or credits for any partial subscription periods.

 

Additional terms and conditions may apply to specific portions, services, or features of the Website or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Unauthorized Charges, Allegations of Fraud on Your Account

If you believe that your credit card or account has been accessed without your permission, you must notify Spot immediately by contacting fraud@getspot.com, but in any event no later than five (5) days from discovering such unauthorized use.

If you initiate a chargeback on the basis of fraud through us or our third party payment provider, you agree to cooperate with us in determining the accuracy of your claim, and you grant us the right to use any and all information in our possession to resolve and/or dispute the claim with our payment processor, including but not limited to evidence that your account was accessed from your IP address, details of your account activity, including the naming of beneficiaries within your account, evidence that you opened an email communication form us and/or took action based on such email, and confirmation that your credit card information was input on our Website.

Recurring Billing; Subscriptions

The Services may be offered as a paid, recurring subscription, in accordance with the billing terms and automatic billing cycles ("Recurring Billing") you agree to at the time you sign up for the Services. By signing up for monthly, quarterly, semi-annual, or annual payment terms (your "Billing Cycle"), you are agreeing to automatic Recurring Billing, and agree to pay the charges made to your account during each new Billing Cycle. You will be billed automatically each Billing Cycle until you cancel in accordance with the terms of your policy. All cancellations shall be in accordance with the terms of the specific policy you signed up for, as disclosed to you at the time of sign up. For more information on refunds, see "Refunds" below.


The pricing of our Services may vary periodically. We cannot guarantee that the price you will or have paid is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.

 

Refunds

In order to cancel your subscription for our Services, and the corresponding coverage, you will need to log into your Spot account and follow the instructions within the account dashboard under the "Cancel Subscription" link.
If you are covered under a Group Policy and signed up through Partner, you will need to cancel prior to the coverage start date to be eligible for a refund, and must contact the Partner and follow the instructions the Partner provides for cancellation.

Cancellation of coverage for an individual policy is governed by your carrier’s terms, not by Spot or Partner, as outlined in the insurance policy coverage document made available to you and displayed on your account page on our Website. To cancel an individual policy and receive a refund of your premium, you must cancel within 10 days of receipt. By signing up for our Services, you acknowledge that all cancellations are determined by the insurance carrier, not Spot or Partner, and you agree to the terms of cancellation set forth in your policy.

Release of Medical Information

When signing up for insurance, it is important that you understand and agree that certain information, including sensitive medical and personal information, needs to be accessed and shared in connection with your use of our Services and the filing of a claim, if applicable. Accordingly, to the fullest extent permitted by law, you hereby authorize us, your carrier and Partner to access, release and exchange any information necessary to accomplish the purposes set forth in these Terms of Use, including but not limited to full copies of your medical records, hospital records, insurance records, policy coverage, medical history, treatments, medical services, consultations, prescriptions, and all copies thereof. The foregoing authorization contained herein shall be considered valid and effective as the original authorization.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website or Services thereafter. Your continued use of the Website or Services following the posting of revised Terms of Use means that you

accept and agree to the changes. You are expected to check this page each time you access this Website or Services so you are aware of any changes, as they are binding on you.

Accessing the Website or Services; Account Security; Accuracy of Information

We and Partner reserve the right to withdraw or amend the Website or Services, and any service or material we provide on the Website or Services, in our sole discretion without notice. Neither we nor Partner will be liable if for any reason all or any part of the Website or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services, or the entire Website or Services, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website or Services.

  • Ensuring that all persons who access the Website or Services through your internet connection are authorized to do so and are aware of these Terms of Use and comply with them.

 

To access the Website or Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or Services that all the information you provide on the Website or Services is correct, current, and complete. You expressly acknowledge and agree that the inaccuracy of any information you provide will affect your ability to use or obtain the benefits of the Services, including any coverage obtained through the Services. You agree that all information you provide to register with this Website or Services or otherwise, including, but not limited to, through the use of any interactive features on the Website or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We and Partner have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website or Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website or Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of the Website or Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website or Services.

  • Use any illustrations, photographs, video or audio sequences, or any graphics

    separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices

    from copies of materials from this site.

    You must not access or use for any commercial purposes any part of the Website or Services or any services or materials available through the Website or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms of Use, your right to use the Website or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or Services or any content on the Website or Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Trademarks

The Company and Partner’s respective names (including in the case of Spot, the terms "Spot," Spot Insurance," "Live more than a little," and "find your own Everest;") and their respective logos, and all past, current or future names, logos, product and service names, designs, and slogans are trademarks of the Company and Partner, respectively, and each of their affiliates or licensors. You must not use such marks without the prior written permission of the Company and Partner. All other names, logos, product and service names, designs, and slogans on this Website or Services are the trademarks of their respective owners.

 

Prohibited Uses

You may use the Website or Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.

  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company or Partner, or their employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services, or which, as determined by us, may harm the Company or Partner or users of the Website or Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Website or Services in any manner that could disable, overburden,

    damage, or impair the site or interfere with any other party’s use of the Website or Services, including their ability to engage in real time activities through the Website or Services.

  • Use any robot, spider, or other automatic device, process, or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website or Services.

  • Use any manual process to monitor or copy any of the material on the Website or Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of the Website or Services.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Services, the server on which the Website or Services is stored, or any server, computer, or database connected to the Website or Services.

  • Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website or Services.

User Contributions

The Website or Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or Services, including any photographs, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the

    right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company or Partner, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

Neither we nor Partner are responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or Services.

 

In addition to the foregoing, in the event you upload any photographs or images through the Website or Services, or if you tag us in a post on any social media platform, you are granting us a royalty-free, perpetual, worldwide right and license to such content, including your image and likeness, and (1) to display your photograph on our home page and across our social media accounts (e.g., Instagram and Facebook); and (2) if you tagged us on a social media account, to repost your photograph and post on our account. We do not pay you or any user for granting us these licenses, and you have the right to ask us to take your image and information down at any time. By submitting a photograph to our Website or Service, or tagging us on a social media account, you further acknowledge and agree that you (1) consent to having the content of your name, image and likeness, as well as your claim payout amount, displayed in our marketing; (2) if there is any sensitive health or personal information contained in your image or claim payout amount that you do not wish to share, you will not share such information. If you do not agree to these rights, licenses and consents, you must not upload any photographs, images or similar information through the Website or Services.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions or user accounts for any or

    no reason in our sole discretion.

  • Take any action with respect to any User Contribution or user account that

    we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or account violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or Services or the public, or could create liability for the Company.

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services.

  • Terminate or suspend your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we and Partner have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using or posting any materials on or through the Website or Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY, PARTNER, AND ITS AND THEIR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,

INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website or Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we and Partner assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Neither We nor Partner have any liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset,

    embarrass, alarm, or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any

    person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and

    other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any

    other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please send us a notice of such copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

 

Reliance on Information Posted

The information presented on or through the Website or Services is made available solely for general information purposes. Neither we nor Partner warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We and Partner disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Services, or by anyone who may be informed of any of its contents.

This Website and Services include content and services provided by third parties, including third-party insurers offering coverage to you. All information contained in these materials, are solely the responsibility of the person or entity providing those materials. Neither we nor Partner are responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Specifically, you expressly acknowledge and agree that (1) Spot and Partner are not an insurer and shall in no way be deemed to be responsible for providing coverage to you; (2) any and all rights and obligations to you under an insurance claim are solely governed by your contractual agreement with the insurer; (3) we and Partner hereby disclaim, and you hereby fully release us and agree to indemnify us and Partner for, any and all claims, liabilities and losses related to your insurance coverage.

Changes to the Website or Services

We may update the content on this Website or Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website or Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website or Services

All information we collect on this Website or Services is subject to our Privacy Policy. By using the Website or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website or Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

This Website or Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website or Services.

  • Send emails or other communications with certain content, or links to certain content, on this Website or Services.

  • Cause limited portions of content on this Website or Services to be displayed or appear to be displayed on your own or certain third-party websites.

 

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any Website or Services that is not owned by you.

  • Cause the Website or Services or portions of it to be displayed on, or appear

    to be displayed by, any other site, for example, framing, deep linking, or

    in-line linking.

  • Link to any part of the Website or Services other than the homepage.

  • Otherwise take any action with respect to the materials on this Website or

    Services that is inconsistent with any other provision of these Terms of Use.

    The Website or Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website or Services

If the Website or Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website or Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website or Services for use only by persons located in the United States. We make no claims that the Website or Services or any of its content is accessible or appropriate outside of the United States. Access to the Website or Services may not be legal by certain persons or in certain countries. If you access the Website or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we and Partner cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE NOR PARTNER WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR SERVICES LINKED TO IT.

YOUR USE OF THE WEBSITE OR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES IS AT YOUR OWN RISK. THE WEBSITE OR SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, PARTNER NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR PARTNER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, PARTNER NOR ANYONE ASSOCIATED WITH THE COMPANY OR PARTNER REPRESENTS OR WARRANTS THAT THE WEBSITE OR SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY AND PARTNER HEREBY EACH DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.


THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, PARTNER, OR ITS OR THEIR RESPECTIVE AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN

CONNECTION WITH THE SERVICES OR YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SERVICES OR SUCH OTHER WEBSITES, OR ANY CLAIMS, LOSSES OR DAMAGES OF ANY KIND RELATED TO INSURANCE PROVIDED BY OUR THIRD-PARTY PARTNERS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, Partner, its and their respective affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or Services, including, but not limited to, insurance coverage obtained through our Website or Services, your User Contributions, any use of the Website or Services’ content, services, and products, or your use of any information obtained from the Website or Services.

Governing Law and Jurisdiction

All matters relating to the Website or Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website or Services shall be instituted exclusively in the state and federal courts located in Austin, Texas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company or Partner of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

European Union Resident Disclosures

We offer the Services solely in the U.S. and Canada and do not actively offer or market the Services in the European Union (EU). If you are accessing the Services from the European Union, and have any questions or concerns, please contact us at admin@spot.com. Please indicate your country of residence in your correspondence. If you have unresolved concerns, where applicable, you may also have the right to complain to data protection authorities.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Spot regarding the Website or Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website or Services.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Website or Services should be directed to admin@getspot.com.