PREORDER- ADIDAS YEEZY 350 BOOST
US$0.00Select an option to see your price.
Shipments come in once a week and orders are shipped as soon as possible
Condition: New product
Your complete satisfaction with your order is our guarantee.
If you are not completely satisfied with the purchase you have paid for, you may return it within
30 days of purchase in accordance with our return policy and we will issue you a full refund.
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Terms of Service.
2. Description Of Services
Spreesy is a point-of-sale platform that allows individuals or businesses ("Seller(s)") to market and sell goods to interested buyers ("Buyer(s)") through social media websites and mobile applications, including Instagram, using posted comments. Spreesy is not directly involved in the transaction between Buyers and Sellers. As a result, Spreesy has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items, or the ability of Buyers to pay for items, as further discussed in Section 5 of this Agreement (SPREESY'S ROLE; TECHNOLOGY SOLUTIONS ONLY). Spreesy does not pre-screen users or the content of information provided by users, as further discussed in Section 5 of this Agreement. Spreesy cannot ensure that Buyers or Sellers will actually complete a transaction. Consequently, Spreesy does not transfer legal ownership of items from Sellers to Buyers.
BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
4. Accounts; User Information; Password Protection
To access and/or use the Website and use the Services, You may be asked to provide certain registration details or other information. You represent and warrant that all user information You provide in connection with Your use of the Website and Services will be current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile.
Further, Sellers must provide and maintain an Instagram account, as well as valid payment information - namely, a valid PayPal account. You may not transfer or sell your Spreesy account, username, or password to another party. You may not use another's account without permission.
You may also be asked to provide a user name and password in connection with Your use of certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of any other member at any time. You agree to notify Spreesy immediately of any unauthorized use of Your account, user name, or password. Spreesy shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Spreesy, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of Your account or password.
5. Spreesy's Role; Technology Solution Only
Without limitation, You agree that Spreesy is merely a third-party platform and You use the Spreesy Website and Services at Your own risk, without limitation and pursuant to Section 12 of this agreement (ASSUMPTION OF RISK; RELEASE).
Spreesy serves as a platform for users who comply with the Agreement and sell goods to interested Buyers, or buy goods from Sellers. You understand and agree that Spreesy's role is limited because Spreesy is not directly involved in any sales transactions. You further understand and agree that Spreesy is not directly involved in prompting, creating, developing, or otherwise helping in the crafting of any published content.
Without limitation, Spreesy does not guarantee that it will pre-screen users. Nor does Spreesy guarantee the identity of any user. Spreesy does not necessarily prescreen the content and/or information provided by users. Spreesy does not necessarily control the quality of any aspect of the Website or Services, including the accuracy of any content. Users are entirely responsible for conducting their own due diligence. For addition information, please carefully review Section 21 of this Agreement (DISCLAIMERS; LIMITATION OF LIABILITY).
Subject to Your compliance with the terms and conditions of this Agreement, Spreesy grants You a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to use the Website and Services, including but not limited to any software. The Website, or any portion of the Website, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the express written consent of Spreesy. All rights not expressly granted herein are reserved by Spreesy. Without limitation, this Agreement grants You no rights in or to the intellectual property of Spreesy or any other party, except as expressly set forth herein. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. Your rights under this section will immediately terminate in the event that You breach, actually or potentially in the sole judgment of Spreesy, any provision of this Agreement.
7. Payment & Billing
- Disclaimer. SPREESY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY OVERDRAFT CHARGES OR FEES YOU MAY INCUR FROM YOUR CARD ISSUER OR BANK FOR INSUFFICIENT FUNDS RELATED TO ANY USE OF THE SERVICES.
- Finality of Purchase. ALL PURCHASES ARE FINAL. ALL FEES ARE NONREFUNDABLE. In the event of a discrepancy pertaining to fee collection, You have ten (10) business days from the date of the completed charge to send notification to Spreesy about the discrepancy, after which all charges are no longer subject to change. Spreesy’s decision not to exercise any specific right or require performance of any specific obligation under this Agreement shall not affect Spreesy’s subsequent ability to exercise such right or require such performance at any time thereafter. Nor shall Spreesy’s waiver of Your breach constitute Spreesy’s waiver of any
- Billing Process. Buyers connect to the Services through a Seller's Instagram feed. When a Buyer places an order for an item by commenting on the Seller's Instagram post with the Buyer's email address, Spreesy sends the Buyer an email with a checkout link, to be completed using PayPal.
- Payment Process. When a Buyer pays via PayPal or other approved method of payment, Spreesy shall make a deposit within three (3) business days to the respective Seller's PayPal account. Any fees imposed by PayPal shall be borne by Seller.
- Authorization. By agreeing to these terms, Buyers grant Spreesy permission to charge their PayPal account or other approved methods of payment for fees orders placed by the Buyer. Buyers authorize Spreesy to charge them the full amount owed to any Seller via the Service, and any processing fee, if applicable.
- Fees. You are responsible for all fees, including taxes, associated with your use of the Website and/or Service. Buyers using the Services agree to pay Sellers through the Services the amount agreed on in the listing and reflected during checkout, unless the matter is disputed by sending an email to firstname.lastname@example.org.
- Spreesy's Responsibilities Spreesy agrees to pay the applicable Seller the amount received, less any fees imposed by PayPal.
8. Listing And Selling
All items offered through the Services must be for sale. By listing an item through the Services, a Seller warrants that the Seller and all aspects of the item comply with Spreesy's published policies. The Seller also warrants that Seller may legally sell the item. Sellers must accurately describe their items and all terms of sale in their listings. A Seller's listing may only include text descriptions, graphics, pictures, and other content relevant to the sale of that item. Each listing must accurately and completely describe the item(s) for sale in that listing. If multiple quantities of an item are made available through a single listing, all items in that listing must be identical. Each unique item must thus have its own listing.
Spreesy strongly encourages Sellers to outline their terms of sale for their Spreesy listings. These terms may include, for example, shipping, returns, payment and selling terms. Sellers must create reasonable terms in good faith and must abide by such terms. All listing terms must comply with this Agreement. Sellers are responsible for enforcing their own reasonable policies. Spreesy reserves the right to request that Sellers modify their policies.
Sellers are responsible for accurately listing their items, and Buyers are responsible for reading an item's description before making a purchase. All sales are binding. Sellers are obligated to ship orders or otherwise complete transactions with Buyers in a prompt manner, unless there is an exceptional circumstance. The Buyer is obligated to deliver appropriate payment for items purchased.
The price stated in each listing description must be an accurate representation of the sale. Sellers may not misrepresent an item's location, charge excessive shipping fees, alter an item's price after a sale for the purpose of avoiding Spreesy processing fees, or otherwise avoid Spreesy's processing fee.
11. No Reliance On Third-Party Content
The Website and Services are provided only as a technology solution. Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Spreesy does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice or statement made by a third-party by means of the Website and Services. Under no circumstances will Spreesy be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any third-party.
12. Assumption Of Risk; Release
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE WEBSITE AND SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND, AND INDEMNIFY SPREESY AND ITS STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "SPREESY PARTIES") FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
13. Your Interactions With Other Users
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER SPREESY USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT SPREESY HAS NOT, AND DOES NOT, IN ANY WAY GUARANTEE THAT IT WILL: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER OR USERS IN PERSON. SPREESY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL SPREESY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER'S CONDUCT IN CONNECTION WITH SUCH USER'S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.
14. Consent To Receive Electronic Communications From Spreesy
Without limitation, by registering for the Website and/or Services and/or by providing your name and email address through the Website or Services, you hereby expressly consent to receive electronic and other communications from Spreesy, over the short term and periodically, including email and short-message service ("SMS" or "text message") communications, regarding the Website and/or Services, new product offers, promotions, and other matters. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication.
15. Consent To Receive Electronic Communications From Spreesy Users
Without limitation, by registering for the Website and/or Services and/or by providing your name or email address through the Website or Services, you hereby consent to receive electronic communications, including email, short-message service ("SMS") messages, instant messages, video conferencing, and other personal messages from other users of the Website and Services.
16. Consent To Receive Electronic Communications From Spreesy Partner Marketers
Without limitation, by registering for the Website and/or Services and/or by providing your name and email address through the Website or Services, you hereby consent to receive, and openly and knowingly solicit, electronic communications, including email and SMS communications, from Spreesy partner firms which may include third party marketing companies, affiliates, advertising agencies, and data aggregation companies regarding their services, including offers, promotions, and other related matters. You may opt-out of receiving electronic communications at any time by following the unsubscribe instructions contained in each communication.
17. Third-Party Websites
The Website is linked with the websites and mobile applications of third parties ("Third-Party Websites"), some of whom may have established relationships with Spreesy and some of whom may not. Spreesy does not have control over the content and performance of Third-Party Websites. Spreesy has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites. Accordingly, Spreesy does not represent, warrant, or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through third-party websites. Spreesy disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of third-party websites.
18. User Content
"User Content" is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that You submit, upload, and/or post to, or transmit, display, perform, or distribute by means of, the Website, whether in connection with Your use of Services or otherwise. This includes without limitation personal photos and videos. Spreesy does not claim ownership of any User Content. You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your User Content. BY SUBMITTING, UPLOADING, OR POSTING USER CONTENT IN ANY FORM WITH, THROUGH, OR TO THE WEBSITE, YOU THEREBY GRANT THE SPREESY PARTIES A ROYALTY-FREE, NON-EXCLUSIVE, FULLY PAID-UP, WORLDWIDE, SUBLICENSABLE, REVOCABLE (AS SET FORTH IN SECTION 27 OF THIS AGREEMENT), ASSIGNABLE LICENSE TO COPY OR OTHERWISE REPRODUCE, MODIFY, ADAPT, TRANSLATE, DISTRIBUTE, ENHANCE, TRANSMIT, PUBLICLY DISPLAY OR PERFORM, REFORMAT, AND/OR OTHERWISE USE USER CONTENT IN CONNECTION WITH THE OPERATION OF THE WEBSITE AND SERVICES. YOU AGREE TO WAIVE, AND HEREBY WAIVE, ANY CLAIMS ARISING FROM OR RELATING TO THE EXERCISE BY THE SPREESY PARTIES OF THE RIGHTS GRANTED UNDER THIS SECTION. YOU WILL NOT BE COMPENSATED FOR ANY EXERCISE OF THE LICENSE GRANTED UNDER THIS SECTION.
You hereby represent and warrant that You: (a) own all rights, title and interest in and to any and all User Content You submit, or are otherwise authorized to grant the rights provided the Spreesy Parties under this section, (b) have written consent, release, and/or permission of each and every identifiable individual person in any User Content You submit to use the name and likeness of each and every such identifiable person in the User Content; and (c) will not submit any User Content that does not fully comply with Spreesy's prohibitions against Objectionable Content, as detailed in Section 21.
Spreesy reserves the right, in its sole discretion, to reject any User Content for any reason. "Objectionable Content" specified in Section 19 and "Prohibited Uses" in Section 20 are not exhaustive lists of content that Spreesy reserves the right to remove or deny.
19. Public Forums
"Public Forum" is any area, site or feature offered as part of the Website (including without limitation anonymous communications or communications by de-identified usernames) that enables You (a) to upload, submit, post, display, perform, distribute, and/or view User Content, and/or (b) to communicate, share, or exchange User Content with other Website members or other Website visitors. You acknowledge that Public Forums, and features contained therein, are for public and not private communications. You further acknowledge that anything You upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, You have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Content you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting same. Spreesy disclaims any perceived, implied, or actual duty to monitor Public Forums and specifically disclaims any responsibility or liability for information provided thereon.
20. Your Responsibility For Defamatory Comments
You agree and understand that you may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback, or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Spreesy is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other content posted or made available on the Website.
21. Objectionable Content
22. Prohibited Uses
Spreesy imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that you will not: (a) "stalk" or otherwise harass any person, or contact any person who has requested not to be contacted; (b) provide false, misleading or inaccurate information to Spreesy or any other member; (c) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (d) while, using the Website and Services, use "ad blocking" software or similar built-in web browser options designed to hide, block or prevent the proper display of online advertising; (e) modify or change the placement and location of any advertisement appearing on the Website; (f) harvest or otherwise collect information about Spreesy users, including email addresses and phone numbers; (g) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (h) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (i) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (j) interfere or attempt to interfere with the use of the Website or Services by any other user, host, or network, including, without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (k) use the Website or Services to send unsolicited e-mail, including without limitation promotions or advertisements for products or services; (l) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; (m) link directly or indirectly, reference or contain descriptions of goods that are prohibited under this Agreement or other policy or guideline documents as posted by Spreesy; (n) appear to create liability liability for Spreesy or cause Spreesy, in whole or in part, to lose the services of Spreesy's ISPs or other suppliers; (o) list any item for sale through the Services that, by paying to Spreesy the listing fee or the final value fee, could cause Spreesy to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement; or (p) attempt to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Spreesy Parties in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
23. Intellectual Property
- Compliance with Law. You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform, or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE SOLE AND EXCLUSIVE OWNER OF ANY USER CONTENT THAT YOU SUBMIT TO THE WEBSITE. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. Feedback Worldwide, LLC BEARS THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
- Trademarks. Spreesy and the "Spreesy logo" (collectively, the "Spreesy Marks") are trademarks or registered trademarks of Spreesy. Other trademarks, service marks, graphics, logos, and domain names appearing on the Website may be the trademarks of third-parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, the Spreesy Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the Spreesy Marks generated as a result of Your use of the Website and Services will inure to the benefit of Spreesy, and You agree to assign, and hereby do assign, all such goodwill to Spreesy. You shall not at any time, nor shall You assist others to, challenge Spreesy's right, title, or interest in or to, or the validity of, the Spreesy Marks.
- Copyrighted Materials; Copyright Notice. All content and other materials available through the Website and Services, including without limitation the Spreesy logo, design, text, graphics, and other files, and the selection, arrangement, and organization thereof, are either owned by Spreesy or are the property of Spreesy's licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title, or interest in or to any such materials.
- DMCA Policy. As Spreesy asks others to respect Spreesy's intellectual property rights, Spreesy respects the intellectual property rights of others. If you believe content located on or linked-to by the Website violates Your copyright, you are encouraged to please immediately notify Spreesy by means of emailed notice ("Infringement Notice"), providing the information described herein. If Spreesy takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Spreesy. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Website infringes your copyright, you should consider first contacting an attorney.
- All Infringement Notices should include the following:
- A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
- An identification of the copyright claimed to have been infringed;
- A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Spreesy to find and positively identify that material;
- Your name, address, telephone number and email address; and
- A statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner's agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
- Infringement Notices should be sent to email@example.com with the subject line "DMCA Notice - [INSERT YOUR NAME OR YOUR COMPANY'S NAME]".
- Spreesy will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material.
24. Disclaimers; Limitation Of Liability
- No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPREESY, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER SPREESY NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE LIABILITY OF SPREESY FOR DAMAGES ARISING OUT OF THE FURNISHING OF SERVICES PURSUANT TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, OR OTHER DEFECTS, REPRESENTATIONS, OR ARISING OUT OF THE FAILURE TO THE FURNISH SERVICES, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SPREESY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS OR LOST REVENUES), WHETHER CAUSED BY THE ACTS OR OMISSIONS OF SPREESY, SPREESY PARTIES, OR SPREESY USERS, OR THEIR AGENTS OR REPRESENTATIVES.
- Your Responsibility For Loss Or Damage; Backup Of Data. YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD SPREESY OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
- Limitation Of Liability. THE LIABILITY OF SPREESYAND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL SPREESY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO SPREESY OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF SPREESY AND ITS LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES SHALL BE $50.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SPREESY AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- Application. THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND SPREESY OR BETWEEN YOU AND ANY OF SPREESY'S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SPREESY'S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
25. Your Representations And Warranties
You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Spreesy policies, and with any applicable laws or regulations.
26. Indemnity By You
Without limiting any indemnification provision of this Agreement, You (the "Indemnitor") agree to defend, indemnify and hold harmless Spreesy and the Spreesy Parties (collectively, the "Indemnitees") from and against any and all claims, actions, demands, causes of action, and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to Spreesy, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between You and Spreesy, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) Your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) Your access to or use of the Website or Services; (iv) Your provision to Spreesy or any of the Indemnitees of information or other data; or (v) Your violation or alleged violation of any foreign or domestic, international, federal, state, or local law or regulation; (vi) Your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights; or (vii) Your participation in any transaction between any Buyer and Seller.
The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
27. Governing Law; Jurisdiction And Venue
- Binding Arbitration. If You and Spreesy cannot resolve a Claim through negotiations, either party may elect to have the Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s). YOU HEREBY ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT WITH A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for herein, Spreesy will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11(b)), then the payment of all such fees will be governed by the AAA Rules. In that case, You hereby agree to reimburse Spreesy for all payments disbursed that are your obligation to reimbursed under the AAA Rules. If you are unable to pay the arbitration fee, Spreesy will pay it directly upon receiving a written request and a sworn statement that you are unable to pay. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Spreesy may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.
- Restrictions Against Joinder of Claims. You and Spreesy agree that any arbitration shall be limited to each Claim individually. YOU AND SPREESY HEREBY AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN YOUR OR SPREESY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If this specific provision is found to be unenforceable, then, to the full extent allowable under applicable law, (1) no arbitration shall be joined with any other arbitration, and (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
- Remedies in Aid of Arbitration; Equitable Relief. This agreement to arbitrate will not preclude You or Spreesy from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Spreesy from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. As used herein, "Court of Competent Jurisdiction" means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in the State of Washington.
- Laws of the State of Washington. This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in the State of Washington and shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO SEATTLE, WASHINGTON. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
- By Spreesy. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, SPREESY RESERVES THE RIGHT TO, IN SPREESY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
- Automatic Termination Upon Breach By You. This Agreement shall automatically terminate in the event that You breach any of this Agreement's representations, warranties, or covenants. Such termination shall be automatic, and shall not require any action by Spreesy.
- By You. You may terminate this Agreement and Your rights hereunder at any time, for any or no reason at all, by providing to Spreesy notice of Your intention to do so, in the manner required by this Agreement.
- Effect Of Termination. Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Upon termination, Spreesy may, but has no obligation to, in Spreesy's sole discretion, rescind any services and/or delete from Spreesy's systems all Your Personal Information and any other files or information that You made available to Spreesy or that otherwise relate to Your use of the Website or Services. Upon termination, You shall cease any use of the Website and Services. Subsequent to termination, Spreesy reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP blocking and direct contact with Your Internet Service Provider.
- Legal Action. If Spreesy, in Spreesy's discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, Spreesy will be entitled to recover from You as part of such legal action, and You agree to pay, Spreesy's reasonable costs and attorneys' fees incurred as a result of such legal action. The Spreesy Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement.
- Survival. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1, 3-6, 9-13, 17-31 will survive any termination of this Agreement.
All notices required or permitted to be given under this Agreement must be in writing. Spreesy shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to Spreesy. You agree that any notice received from Spreesy electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH SPREESY IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY SPREESY OF AN EMAIL TO THAT ADDRESS. You shall give any notice to Spreesy by means of email to firstname.lastname@example.org.
30. Partial Invalidity
Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion hereof, which shall remain in full force and effect, and the parties hereby acknowledge and agree that they would have executed the remaining portion hereof without including the part so declared by a Court of Competent Jurisdiction, to be invalid, void, or unenforceable.
This Agreement constitutes the entire agreement between Spreesy and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Spreesy or by the unilateral amendment of this Agreement by Spreesy and by the posting by Spreesy of such amended version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Spreesy. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. You and Spreesy are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Except for the Spreesy Parties and the Indemnified Parties as and to the extent set forth in Sections 12, 17, 19, 21(a), 23, and 25(e), and in this paragraph, and Spreesy's licensors and suppliers as to the extent expressly stated in this Agreement, there are no third-party beneficiaries to this Agreement. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by You would cause irreparable injury to Spreesy and Spreesy's licensors and suppliers, and would therefore entitle Spreesy or Spreesy's licensors or suppliers, as the case may be, to injunctive relief. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.