Terms of Use

About the terms

Access to and use of the HeadSpin, Inc. (HeadSpin) website (“www.headspin.io”) both within the United States and internationally is provided by HeadSpin on the following terms:

By using www.headspin.io, you agree to be bound by these terms, which shall take effect immediately on your first use of www.headspin.io. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to www.headspin.io.

HeadSpin may change these terms from time to time and so you should check these terms regularly. Your continued use of www.headspin.io will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on www.headspin.io then the latter shall prevail.

Use of www.headspin.io

You agree to use www.headspin.io only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of www.headspin.io. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within www.headspin.io

Intellectual Property

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on www.headspin.io and all content (including all applications) located on the site shall remain vested in HeadSpin or its licensors. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use www.headspin.io content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any www.headspin.io content except for your own personal, non-commercial use. Any other use of www.headspin.io content requires the prior written permission of HeadSpin.

The names, images and logos identifying HeadSpin or third parties and their products and services are subject to copyright, design rights and trademarks of HeadSpin and/or third parties. Nothing contained in these terms shall be construed as conferring any license or right to use any trademark, design right or copyright of HeadSpin or any other third party.

Disclaimers and Limitations of Liability

The views expressed by third parties, unless specifically stated, are not those of HeadSpin. HeadSpin is not responsible for the availability or content of any third party sites that are accessible through www.headspin.io. Any links to third party websites from www.headspin.io do not amount to any endorsement of that site by HeadSpin and any use of that site by you is at your own risk.

www.headspin.io content, including the information, names, images, pictures, logos and icons regarding or relating to HeadSpin, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis. To the extent permitted by law, HeadSpin excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. HeadSpin does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by HeadSpin is correct at the time of publication no responsibility is accepted by or on behalf of HeadSpin for any errors, omissions or inaccurate content on the website.

Nothing in these terms limits or excludes HeadSpin’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, HeadSpin shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of www.headspin.io regardless of the form of action.

HeadSpin do not warrant that functions available on www.headspin.io will be uninterrupted or error free, that defects will be corrected, or that www.headspin.io or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of HeadSpin to exercise or enforce any right in these terms does not waive HeadSpin’s right to enforce that right.

These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California, or the Northern District of California. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND HEADSPIN ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Contacting HeadSpin about these Terms and Conditions

If you have any questions or comments about these Terms and Conditions please write to us:

HeadSpin, Inc.
871 Marlborough Ave Suite 100Riverside, CA 92507 USA

helpdesk@headspin.io