Terms OF Use

Terms of Use Agreement

Effective as of July 18, 2019

Welcome to our website. This website (“Site”) contains various information relating in the form of text, graphics, reports, and other materials (tangible or intangible) (“Content”). Please read this Agreement carefully. By accessing, browsing, and/or using this Site, you accept, without limitation or qualification, and agree to be legally bound by this Terms of Use Agreement (this “Agreement”). If you do not accept this Agreement (and therefore do not agree to be bound by this Agreement), do not use this Site.

Privacy

Please review our Privacy Policy which informs users of our data collection practices. This Policy also governs your visit to our site and is incorporated as part of this Agreement.

Description of Products and Services

The website refers to products and/or services that are generally available for purchase in the continental United States but may not be available in your area. The reference to such products or services in this website does not imply or warrant that these products or services will be available at any time in your area. You should therefore check with your local Spring 8 Plus authorized representative or reach out directly to us for specific product/service availability in your area. We do not warrant that the descriptions or content of this site are accurate, complete, reliable, current, or error free. Features and specifications of products described or depicted on the website are subject to change at any time without notice.

Electronic Communications

Visiting our website or sending emails to us constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the website, satisfy any legal requirement that such communications be in writing. If you send, submit, or post any communications or materials to the website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as non-confidential and non-proprietary. All content submitted may be used by us in our sole discretion.

Links to Third Party Sites/Third Party Services

This website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of us and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators. We disclaim all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites. Your linking to any other site is entirely at your own risk.

Certain services made available via this website are delivered by third party sites and organizations. By using any product, service or functionality originating from our website domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of the website users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use our website strictly in accordance with these terms of use. As a condition of your use of the website, you warrant to us that you will not use the Site for any purpose that is unlawful, threatening, defamatory, libelous, obscene, pornographic, profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability or otherwise violate any law or prohibited by these Terms. You may not use false e-mail addresses, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not use the Site in any manner which could damage, disable, overburden, impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such comments.

We may from time to time monitor or review posts and social media accounts, transmissions, bulletin boards, and the like on the website; however, we are under no obligation to do so and assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in such communication.

All content included as part of the website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Spring 8 Plus, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our Licensors except as expressly authorized by these terms. Any unauthorized use terminates the limited permission granted to you by us.

Third Party Accounts

You will be able to connect your account with us to third party accounts. By connecting your account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Indemnification

You agree to indemnify, defend and hold harmless Spring 8 Plus, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of this website or concerning these Terms of Use, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then the Parties agree that such dispute shall be resolved only by confidential final and binding arbitration, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Camden County, New Jersey. To the extent, you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, Camden County and you consent to exclusive jurisdiction and venue in such courts, without regard to conflict of law rules. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Use.

Class Action Waiver

Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless Spring 8 Plus, LLC, at its sole discretion, agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

Your use of our Site is at your own risk. We assume no responsibility and shall not be liable for any damages, viruses that may infect your computer equipment or other property on account of your access to, use of, browsing in the website or your downloading of any materials, data, text, images, video, or audio from the website. The information, software, products, and services included in or available through the website may include inaccuracies, omissions, or errors. Changes are periodically added to the information herein. We and/or our Suppliers may make improvements and/or changes to the website at any time.

We and/or our Suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided to “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPRING 8 PLUS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL EXPRESSED IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL WE, NOR ANY OTHERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE ARE LIABLE, AND/OR ITS SUPPLIERS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPRING 8 PLUS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by and construed in accordance with the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in Camden County, New Jersey in all disputes arising out of or relating to the use of the website, without reference to conflict of law rules. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and our company as a result of this agreement or use of the website. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid, void or for any reason unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid, void or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the Parties that this agreement and all related documents be written in English.

Copyright Complaints

If you believe that any material contained on this website infringes your copyright, you should notify us at the information listed below of your copyright infringement claim in accordance with the Digital Millennium Copyright Act (“DMCA”). We will investigate notices of alleged infringement which it receives and will handle in accordance with the DMCA and other applicable intellectual property laws. The DMCA requires the following notifications procedures to be sent to us by an author (owner of copyright content) who alleges to have found infringing content on our website, the notification must meet the following requirements:

Electronic or physical signature of the copyrighted work owner (or authorized person to act on behalf of the owner);
A description and identification of the copyrighted work, including the URL where this infringing content is available or a copy of it;
Your contact details: email address, telephone and address at which complaining party may be contacted;
A statement in “good faith belief” that the work is not authorized by the copyright owner;
A statement made under penalty of jury by you, the person who sends the takedown notice, that the information you send in the notice (above information) is accurate and that you are either the exclusive copyright owner or you are authorized to act on copyright owner’s behalf

Changes to Terms

We reserve the right, in our sole discretion, to change at any time these Terms of Use by updating these terms. The most current version of the Terms will supersede all previous versions. Since you are bound by these Terms of Use, you should frequently visit this website to review the then current version. If there is a conflict between the Terms of Use and Privacy Statement, the Privacy Statement terms will control.

Contact Us

We welcome your questions or comments regarding these terms. Please contact us at the following:

Spring 8 Plus, LLC
PO Box 1532
Cherry Hill, New Jersey 08034

Email Address:
legal@spring8plus.com

Telephone number:
888-862-2713