1. Acceptance of Terms
By accessing or using the website located at www.spintobeseen.com, including all subdomains, pages, content, materials, and services made available through it, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this website and its associated services.
These Terms of Service constitute a legally binding agreement between you, whether personally or on behalf of an entity you represent, and Spin To Be Seen LLC, a company organized under the laws of the State of Utah, United States, with its principal place of business at 1415 Agate Ct, St George, UT 84770-6156.
Spin To Be Seen LLC provides professional services in the fields of computer systems design, software development, cloud infrastructure engineering, cybersecurity consulting, and systems integration. Any separate written agreement, statement of work, service level agreement, or master services agreement entered into between you and Spin To Be Seen LLC shall govern the specific terms of any professional services engagement and shall take precedence over these general website terms in the event of any conflict.
2. Definitions
For the purposes of these Terms of Service, the following definitions apply:
- Company or We or Us refers to Spin To Be Seen LLC, including its officers, employees, contractors, and authorized agents.
- You or User or Client refers to the individual or legal entity accessing or using the website or engaging our professional services.
- Website refers to www.spintobeseen.com and all associated subdomains, pages, and digital properties owned and operated by the Company.
- Services refers to the professional computer systems design, consulting, development, integration, and related services offered by the Company.
- Content includes all text, graphics, images, code, designs, documents, data, and other materials available on or through the website.
- Client Materials refers to any data, documents, specifications, software, or other materials provided by you to the Company in connection with a professional services engagement.
3. Use of the Website
3.1 Permitted Use
You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the website for your legitimate business purposes, including learning about our services, contacting us regarding potential engagements, and accessing information we make publicly available. This license does not include any right to:
- Reproduce, duplicate, copy, sell, resell, or exploit any portion of the website or its content for commercial purposes without our express written permission.
- Use any data mining, robot, spider, scraper, or similar automated data extraction methods on the website.
- Attempt to gain unauthorized access to any portion of the website, the server on which it is hosted, or any other systems or networks connected to the website.
- Introduce any viruses, malware, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Use the website in any way that violates any applicable federal, state, local, or international law or regulation.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- Engage in any conduct that restricts or inhibits the use or enjoyment of the website by any third party, or which may harm the Company or users of the website.
3.2 User Obligations
You agree to provide accurate, current, and complete information when submitting inquiries or engaging our services. You are responsible for maintaining the confidentiality of any account credentials we may provide and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
3.3 Website Availability
We strive to maintain the availability and performance of our website but do not guarantee uninterrupted access. We may suspend, withdraw, or restrict the availability of all or any part of the website for operational, maintenance, security, or business reasons without prior notice. We shall not be liable if for any reason all or any part of the website is unavailable at any time or for any period.
4. Professional Services
4.1 Engagement Terms
All professional services provided by Spin To Be Seen LLC are governed by a separate written agreement, statement of work, or service contract executed by both parties. No binding service engagement is created solely through the use of this website, the submission of a contact form, or any preliminary communications. A formal engagement requires a signed agreement specifying the scope of work, deliverables, timeline, fees, payment terms, and any other material conditions.
4.2 Proposals and Estimates
Any proposals, estimates, project plans, timelines, or budgets provided through this website or in preliminary discussions are for informational and discussion purposes only and do not constitute a binding offer or commitment. Final pricing, scope, and terms will be documented in a formal written agreement. We reserve the right to modify proposals or estimates at any time prior to the execution of a binding agreement.
4.3 Client Cooperation
Successful delivery of professional services requires timely cooperation, access to relevant systems and personnel, and provision of accurate information by the Client. The Company shall not be responsible for delays, non-performance, or additional costs arising from the Clients failure to provide necessary cooperation, access, materials, or information as reasonably requested.
5. Intellectual Property
5.1 Website Content
All content, materials, features, and functionality available on or through this website — including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, page layout, design elements, and software code — are owned by Spin To Be Seen LLC or its content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
The Spin To Be Seen name, the Spin To Be Seen logo, the domain name spintobeseen.com, and all related names, logos, product and service names, designs, and slogans are trademarks and service marks of Spin To Be Seen LLC or its affiliates. You must not use such marks without the prior written permission of the Company.
5.2 Deliverables and Work Product
Unless otherwise specified in a written service agreement, upon full payment for services rendered, the Company grants the Client a perpetual, non-exclusive, non-transferable license to use the deliverables and work product created specifically for that Client in connection with the project for which they were developed. The Company retains ownership of all pre-existing materials, tools, methodologies, frameworks, libraries, and know-how used in the creation of deliverables, as well as the right to use general skills, knowledge, and experience acquired during the engagement.
5.3 Client Materials
The Client retains all ownership rights in Client Materials provided to the Company. The Client grants the Company a limited, non-exclusive license to use Client Materials solely as necessary to perform the professional services for which they were provided. The Company will treat Client Materials as confidential information in accordance with the confidentiality provisions of the applicable service agreement.
6. Confidentiality
In the course of business discussions and professional engagements, each party may disclose confidential information to the other. Both parties agree to:
- Use confidential information solely for the purpose of evaluating or performing the professional services engagement.
- Protect confidential information using at least the same degree of care used to protect its own confidential information of a similar nature, but in no event less than reasonable care.
- Limit access to confidential information to employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein.
- Not disclose confidential information to any third party without the disclosing partys prior written consent, except as required by law or court order.
Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already in the receiving partys possession without confidentiality restrictions; (c) is independently developed by the receiving party without use of or reference to the disclosing partys confidential information; or (d) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation.
7. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPIN TO BE SEEN LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT OR INFORMATION PROVIDED ON THE WEBSITE.
- WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPIN TO BE SEEN LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH:
- YOUR USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT, MATERIALS, OR SERVICES PROVIDED THROUGH IT.
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE.
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
- ANY ERRORS, MISTAKES, OR INACCURACIES IN WEBSITE CONTENT.
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COMPANYS TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY FOR SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.
9. Indemnification
You agree to defend, indemnify, and hold harmless Spin To Be Seen LLC, its officers, directors, employees, contractors, agents, affiliates, successors, and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs, debts, and expenses — including reasonable attorneys fees and court costs — arising out of or relating to:
- Your use of, or access to, the website or any services in violation of these Terms of Service.
- Your violation of any applicable law, regulation, or third-party right, including intellectual property or privacy rights.
- Any information, data, or materials you submit, post, or transmit through the website or provide to the Company.
- Your gross negligence, willful misconduct, or fraudulent acts or omissions.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with the Companys defense of such claim.
10. Third-Party Links and Resources
This website may contain links to third-party websites, platforms, or resources that are not owned, operated, or controlled by Spin To Be Seen LLC. These links are provided solely as a convenience and do not imply endorsement, sponsorship, or recommendation of any third-party content, products, or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You access third-party links at your own risk, and we encourage you to review the terms and policies of any third-party sites you visit.
11. Termination
We reserve the right to terminate or suspend your access to the website and any related services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
Upon termination, your right to use the website will immediately cease. If you wish to terminate your agreement with these Terms, you may simply discontinue using the website. The termination of these Terms shall not affect any separate written service agreement between you and the Company, which shall be governed by its own termination provisions.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
12.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall first be attempted to be resolved through good-faith informal negotiations between the parties. If the dispute cannot be resolved informally within thirty days, either party may pursue resolution through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, with the arbitration to be held in Washington County, Utah. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12.3 Class Action Waiver
You agree that any dispute resolution proceedings, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate as a plaintiff or class member in any class action, class arbitration, or other representative proceeding.
13. General Provisions
13.1 Entire Agreement
These Terms of Service, together with our Privacy Policy and any separate written service agreement entered into between you and the Company, constitute the entire agreement between you and Spin To Be Seen LLC regarding the use of the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
13.2 Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity and enforceability of any remaining provisions.
13.3 Waiver
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
13.5 Force Majeure
The Company shall not be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, hurricanes, accidents, strikes, lockouts, labor disputes, epidemics, pandemics, telecommunications failures, power outages, network failures, or failures of third-party service providers.
13.6 Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship between you and the Company. Neither party has the authority to bind the other or to incur any obligation on the others behalf without prior written consent.
14. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we make material changes, we will update the Last Updated date at the top of this page and provide reasonable notice, which may include posting a notice on our website or sending an email to clients with whom we have an active engagement. Your continued use of the website after any modifications indicates your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of the website.
It is your responsibility to check this page periodically for changes. We recommend that you print or save a copy of these Terms for your records.
15. Contact Information
For questions, concerns, or legal notices regarding these Terms of Service, please contact us at:
Spin To Be Seen LLC
1415 Agate Ct
St George, UT 84770-6156
United States
Email: contact@spintobeseen.com
Phone: +1 (325) 332-3857
Website: www.spintobeseen.com