appropriate circumstances the account of any user who uses the Spirit in You Network in violation of copyright law.

Pursuant to Title 17 of the United States Code, Section 512, Spirit in You has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the Spirit in You Network, please contact, fax or mail it to the following Spirit in You agent for notice of claims of copyright infringement:

Spirit In You 9000 La Riviera Drive Sacramento, CA. 95826

Tel: (916) 370-3917
Fax: (916) 857-1593

Email: tccp@spiritinyou.net

Please do not send notices or inquiries unrelated to alleged copyright infringement to Spirit in You’s designated agent.

4. SOFTWARE

(a) License. Subject to these Terms, Spirit in You grants you a non-exclusive, non-transferable, non-assignable license (without right to sublicense) to install and use one copy of the Software on your personal computer system in machine-executable object code form only. You may make one copy of the Software solely for your own emergency backup purposes, provided you include all copyright and trademark notices on the back-up copy.

(b) Restrictions. You may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software without the prior written consent of Spirit in You. You may not assign, rent, lease, or lend the Software to any person or entity. Any attempt by you to sublicense, transfer, or assign the Software will be void. You may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law.

(c) Contact. As used in these Terms, "Contact" means any comments, criticisms, reports, or other feedback, whether in oral or written form, you provide to Spirit in You regarding the function, features, and other characteristics of the Software including, without limitation, any errors, problems, or defects in, or suggestions for changes or improvements to, the Software. Spirit in You will have the right to use such Feedback in any manner it deems appropriate.

(d) Ownership. You have no ownership rights in the Software or any related documentation. Spirit in You retains all right, title, and interest in and to the Software (including any changes, modifications, or corrections thereto) and any related documentation. You understand and agree that you will gain no right, title, or interest in or to the Software by virtue of your Contact Us and that you do not now have, will not have, and will never claim to have, any proprietary rights (including intellectual property rights and trade secret rights) in or to the Software (or any changes, modifications, or corrections thereto). If you are ever held or deemed to hold any right in or to the Software (or any changes, modifications, or corrections thereto) by virtue of your Feedback, then you hereby irrevocably assign to Spirit in You all such rights. In the event that any such right cannot be so assigned, you hereby agree to waive enforcement worldwide of such rights against Spirit in You and hereby grant to Spirit in You an exclusive license, with right to sublicense through multiple tiers of sublicenses, to use, reproduce, distribute, create derivative works of, publicly perform and display, in any medium or format, whether now known or later developed, any and all property that is subject to such rights.

(e) Export Laws. You acknowledge that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin, including the Software. You agree that you will not export or re-export the Software in any form in violation of the laws of the United States or any foreign jurisdiction. You understand that the Software contains encryption technology that may require export approvals from the United States government. By installing or using the Software, you represent and warrant that you are not (a) a national or resident of any country to which the United States has embargoed goods, or (b) on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial and Prohibition Orders.

(f) U.S. Government End Users. The Software and any related documentation are "commercial items" as that term is defined in 48 C.F.R.§2.101, consisting of "commercial computer software" and "commercial computer software documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the United States Code of Federal Regulations, as applicable, the Software and related documentation are distributed and licensed to United States Government end users with only those contained in these Terms.

5. TERMINATION

You agree that Spirit in You may terminate your Spirit in You Network membership or suspend your access to all or part of the Spirit in You Network, without notice, if: (a) you violate these Terms; (b) Spirit in You is unable to verify or authenticate any information that you provide; or (c) you engage in any conduct that Spirit in You, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of Spirit in You, any other Spirit in You Network user, or any third party. FURTHER, YOU AGREE THAT SPIRIT IN YOU SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE SPIRIT IN YOU NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the Spirit in You Network at any time. Spirit in You reserves the right to investigate your use of the Spirit in You Network in the event Spirit in You, in its sole discretion, believes you have violated these Terms.

6. MODIFICATIONS TO TERMS

Spirit in You may, in its sole and absolute discretion, change these Terms from time to time. Spirit in You will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the Spirit in You Network to its entirety. Continued use of the Spirit in You Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

7. MODIFICATIONS TO SPIRIT IN YOU NETWORK

Spirit in You reserves the right to modify or discontinue the Spirit in You Network with or without notice to you. Spirit in You shall not be liable to you or any third party should Spirit in You exercise its right to modify or discontinue the Spirit in You Network.

8. SELLING ITEMS ON SPIRIT IN YOU AND FEES

Spirit in You reserves the right at any time to charge fees for access to new Spirit in You Network content.  In no event will you be charged for access to any Spirit in You Network content.

Basic Fees

When you list an item it must be approved by Spirit in You. If the item sells, you are charged a FINAL VALUE FEE.  See chart for fees

Changes to that Policy are effective after we provide you with at least seven days’ notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, reduce percentage for each item for sale) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Spirit In You reserves the right to change the prices for any service at anytime without prior notice.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Unacceptable items that will automatically be denied for sale:

Pornography of any type and toys, obscenities or defamatory items, guns, armed forced material, weapons, profanity items, same sex of any type items, material that exploits people or animals in a sexual or violent manner, promotion of racism, bigotry, hatred, or physical harm of any kind against any group or individual, Anti-Christian material, business & industrial capital equipment, * Includes the following capital equipment categories and the related child categories: Agriculture & Forestry > Tractors & Farm Machinery; Construction > Heavy Equipment, Trailers; Food Service & Retail > Concession Trailers & Carts; Healthcare, Lab & Life Science > Imaging & Aesthetics Equipment; Industrial Supply, MRO > Fork Lifts & Other Lifts; Manufacturing & Metalworking > Manufacturing Equipment; Manufacturing & Metalworking > Metalworking Equipment; Office, Printing & Shipping > Commercial Printing Presses. View the entire Business & Industrial Category Structure Automobiles > any type of motor vehicle. Spirit in You has the right to deny any item presented for sale without reason.

RELEASE

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
 
ACCESS AND INTERFERENCE

The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to SIY Relationships by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.
 
Additionally, you agree that you will not:

·         take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

·         copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Spirit In You Magazine LLC and the appropriate third party, as applicable;

·         interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or

bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site

RESOLUTION OF DISPUTES

If a dispute arises between you and SIY Relationships.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SIY Relationships.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to "complaint" at the bottom of the home page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

·         Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SIY Relationships must be resolved by a court located in Citrus Heights, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Citrus Heights, California for the purpose of litigating all such claims or disputes.

·         Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $5,000 the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Improperly Filed Claims - All claims you bring against SIY Relationships.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, SIY Relationships.com or Spirit In You Magazine LLC may recover attorneys’ fees and costs up to $1000, provided that SIY Relationships.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

NOTICES

Except as explicitly stated otherwise, legal notices shall be served on Spirit In You national registered agent (in the case of Spirit In You) or to the email address you provide to Spirit In You during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Age Restriction

 SIY Relationships.com is not directed to children under the age of 16. After Jan. 1st, 2006, SIY Relationships.com will prohibit registration by and will not knowingly collect personally identifiable information from anyone under 16.

This restriction will be posted at points of data collection within SIY Relationships.com, such as registration for services.

Note to Parents: If you have any concerns about SIY Relationships.com or its related services, wish to find out if your child is a member of one of our services, or wish to cancel your child’s membership, please contact us with a written request mailed to Member Cancellation P.O. Box 2423 Citrus Heights, CA 95611.

 Your IP Address 

Like most e-commerce Websites, each time you visit the Site, we automatically collect your IP address and the web page from which you came. In order to administer and optimize the Site for you and to diagnose problems with our Site, we use your IP address to help identify you and to gather broad demographic information about you.

 Cookies 

Like most Websites, the Site uses cookies to keep track of your purchases and other activity on the Site and enhance your experience on the Site. We also use cookies to deliver content specific to your interests, to save your password, and if you choose, to save other personal and financial information so you do not have to reenter it each time you visit the Site. Third party advertisers on the Site may also place or read cookies on your browser. If you wish to disable these cookies, the "help" portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not be able to access certain areas on the Site.

Information We Collect From You 

In order to operate the Site and to provide you with information about products or services that may be of interest to you, we may collect "personal information" (i.e. information that could be used to contact you directly (without using the Site) such as full name, postal address, phone number or email address), "financial information" (i.e. credit card numbers or passwords) or "demographic information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information; this may include, but is not limited to, zip code, postal code, hometown, gender, username, age/birth date, purchase history information, browsing history information, searching history information, registration history information, and the content of communications between you and other members over the Site), subject to the rest of this paragraph. Demographic information is divided into two categories: 1) "non-public information", which consists of purchase history information and one-on-one communications between you and other users of the Site; and 2) "public information", which consists of all other demographic information. We ask that you do not enter personal information or financial information into your “Profile” (for example, don’t use your address or pass-code as your username, or include your name or address in your written responses), because if you do then it may be posted publicly on the Site, and the information will then be treated as "demographic information" that is "public information." Please note that nowhere on the Site do we knowingly collect personal information from children under the age of 16, as we require that all users represent to us that they are at least 16 years old.

Information Other Websites Collect From You  

On the Site, we place links to other Websites operated by other parties. Some of these other Websites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other Websites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other Websites or these other Websites’ business practices, and that this privacy policy does not apply to these other Websites. Consequently, the operators of these other Websites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. We encourage you to review their privacy policies and remind you that we will not be responsible for their actions.

How We Use Personal Information 

We use your email address and your other personal information to help us efficiently operate the Site, to contact you in connection with your transactions and other activities on the Site (including, but not limited to, confirmation emails or important news that could affect your relationship with Spirit in You), and to forward messages to you from other Spirit in You users. These types of communications are known as "Operational Communications." In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.

We also use personal information to send you newsletters, information, offers and other promotional materials for Spirit in You or third parties’ goods or services. We attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. Some of these options may only be for a certain category of communications; others may be more general. By posting a profile on the Site, you are opting in to receive the SIY Relationship.com by Mail email. This is not an option for you to change. Promotional, Advertisement and any other affiliations with Spirit in You will consistently be advertised.  This only pertains to approved advertisement from Spirit In You.

To operate the Site, including processing your transactions and supporting your activities on the Site, we may share your personal information with our agents, representatives, contractors and service providers so they can provide us with support services such as authorization of credit card transactions, email origination, receipt or support services, customer relationship management services, order fulfillment and sweepstakes and promotional fulfillment. We require these entities not to use your information for any other purpose.

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Site, or electing to receive communications (such as emails or magazine subscriptions) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Site, you consent to our providing your personal information to those third parties. Those third parties may use your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information you submit to us.

 In some cases, we may enter into a promotional relationship with another company in which we prominently display their brand name or trademarks on pages of the Site. These pages are known as "Co-Branded Pages" and these companies are known as “Co-Branded Companies.” If the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your personal information with the associated Co-Branded Company. Co-Branded Companies may use your personal information in accordance with their own privacy policies. You will need to contact Co-Branded Companies to instruct them directly regarding your preferences for the use of your personal information by them. Additionally, you agree that we may use and disclose all such information so submitted to such Co-Branded Companies in the same manner in which we are entitled to use and disclose any other information you submit to us. Some Co-Branded Pages may contain an action tag (also known as a Web Beacon or a 1 pixel .gif file) that a third party, such as the advertising company Avenue A, may use to read cookies that it, or its clients, may have placed on your browser at other (non- Spirit in You) web sites before your visit to Spirit in You. This technology is used to measure the effectiveness of advertisements on such other Websites that promote Co-Branded Pages. Further, Avenue A, or such other third parties, may use the information collected through this technology to learn more about your visits to this Site and other Websites in order to provide advertisements about goods and services of interest to you. We have been informed by Avenue A that unless you are otherwise notified, they do not use your name, address, e-mail address or telephone number, and do not link your online actions to any information that can be used to identify or contact you. However, as we may not verify that this is the case, we ask that you seek Avenue A’s assurances yourself and do not hold us accountable for the accuracy of the above statement. If you would like Avenue A to provide you with more information about their practices, click here.

 Any third party with whom we are allowed to share your personal information is authorized to use your personal information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your personal information by them.

Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your personal information.

How We Use Financial Information  

We use your financial information to check your qualifications, to bill you for products and services and to enable you to participate in discount, rebate and similar programs in which you may elect to participate. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information, on the Site, you consent to our providing your financial information to our service providers and to such third parties as we determine are necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support the transaction or activity. By purchasing, or registering or making reservations for, products or services of third parties offered on the Site, or by participating in programs offered on the Site that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Additionally, if the page on which you submit information is a Co-Branded Page, or was accessed by clicking on a link on a Co-Branded Page, then we may share your financial information with the associated Co-Branded Company. Any of these various third parties (including Co-Branded Companies) may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all such information so submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. Please read the information below under the heading "Special Cases in which we Share Personal and Financial Information" to learn more ways in which we may share your financial information.

Special Cases in which we Share Personal and Financial Information 

Your personal information or financial information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information or financial information when we determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of SIY Relationships.com or other visitors to the Site. We also may disclose your personal information or financial information to our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control. Whenever personal information or financial information is disclosed under this paragraph, we may also disclose your demographic information along with it, on a non-anonymous basis. All of our parent, subsidiary and affiliated legal entities and businesses that receive your personal information, financial information, or non-anonymous demographic information from us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

How We Use Public Information and Other Demographic Information 

We may review all demographic information. We may use public information to enable other users to find your profile, to determine whether they are a match for you and to communicate with you. We may use demographic information to tailor the Site and communications to your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers your identity). One of the reasons we may do this is to increase the likelihood that our advertisers’ goods and services will appeal to Spirit in You’s users, so that we may target specific ads at specific demographic groups. Our sharing of demographic information with advertisers is anonymous (i.e., we do not tell advertisers which particular Spirit in You users are members of which demographic groups), subject to the rest of this privacy policy. When you respond to an advertisement, however, we ask you to remember that if that ad that is targeted to a demographic group and you decide to give the advertiser your personal information, then the advertiser may be able to identify you as being a member of that demographic group. Please also be aware that when we disclose your financial information or personal information to a Co-Branded Company, as described above, we may also disclose to that Co-Branded Company your demographic information, other than the content of one-on-one communications between you and other members. Please also be aware that we may disclose your demographic information on a non-anonymous basis as described above in the paragraph titled "Special Cases in which we Share Personal and Financial Information." Also, to read further details about how we may use your public information, see our Terms of Use.

Our Security Precautions 

The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Our secure server software (SSL) is the industry standard and among the best software available today for secure commerce transactions. We encrypt all of your personal and financial information as it travels over the Internet and we store your financial information on our servers in encrypted form. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in your country or jurisdiction.

Changing our Privacy Policy for Previously Gathered Information 

If at any point we decide to use particular personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email or by providing 30 days notice on the Site. Please note that we will continue to have the right to change our privacy policy and practices, and how we use your personally identifiable information, without notice, as described in the first paragraph of this Privacy Policy, provided that such changes shall only apply to information gathered on or after the date of the change.

How You Can Access and Update Your Email Preferences, Personal Information and Public Information 

We give you the opportunity to opt-out of certain communications and modify personal information or demographic information you have provided to us except for date of birth, and to hide demographic information from, or make demographic information visible to, the public users of the Site, at anytime by going to the Account Settings or My Profile section of the Site. Please be aware that it may take several hours for the changes you make to take effect on the public areas of the Site. We thank you for your patience. Please note that changing or deleting your information through the "Account Settings" or "My Profile" section of the Site, or otherwise opting-out of receipt of email communications from

Spirit In You, will only change or delete the data in our database for purposes of future activities on the Site and for managing future communications from

SIYRelationship.com. These changes and deletions will not change or delete emails or information that we may have already forwarded to other users or credit card companies or any other third parties, all as provided above in this privacy policy.

Additional Terms  

Additional policies are a part of this Agreement and provide additional terms and conditions related to specific services offered on the Site if you would like a copy of this information please write to : Additional Agreement request: P.O. Box 2423 Citrus Heights, CA 95611. policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General  

SIY Relationships.com, is located Citrus Heights, CA 95610. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
 
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective the first day after they are initially posted on the Site. Additionally, we will notify you through the Site’s message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.

We reserve the right to remove content at any time, including any content that violates this agreement.

9. PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your Spirit in You Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify Spirit in You of any unauthorized use of your password or any other breach of security related to the Spirit in You Network. Spirit in You reserves the right to require you to alter your password if Spirit in You believes that your password is no longer secure. SPIRIT IN YOU WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.

10. MONITORING OF CONTENT

Except for Submissions by Spirit in You, Spirit in You does not monitor, control, or have knowledge of any content transmitted using the Spirit in You Network. You agree that you are solely responsible for all content you transmit and receive using the Spirit in You Network.

11. LINKS

Spirit in You’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Spirit in You’ endorsement of such other Web site or resource or its contents. SPIRIT IN YOU SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.

12. NO RESALE OF SPIRIT IN YOU NETWORK

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Spirit in You Network, use of the Spirit in You Network, or access to the Spirit in You Network. The Spirit in You Network is provided for your personal, noncommercial use only.

13. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SPIRIT IN YOU NETWORK IS AT YOUR SOLE RISK. THE SPIRIT IN YOU NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPIRIT IN YOU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SPIRIT IN YOU NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). Spirit in You is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Spirit in You is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service.

 Spirit in You assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Spirit in You is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Spirit in You be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Spirit in You expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Spirit in You cannot guarantee and does not promise any specific results from use of the Website and/or the Service. 

 SPIRIT IN YOU MAKES NO WARRANTY THAT THE SPIRIT IN YOU NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE SPIRIT IN YOU NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SPIRIT IN YOU MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPIRIT IN YOU NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SPIRIT IN YOU NETWORK, OR THAT DEFECTS IN THE SPIRIT IN YOU NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPIRIT IN YOU NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPIRIT IN YOU OR THROUGH THE SPIRIT IN YOU NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SPIRIT IN YOU OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE SPIRIT IN YOU NETWORK.

Except in jurisdictions where such provisions are restricted, in no event will Spirit in You be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if

Spirit in You has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Spirit in You’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Spirit in You for the Service during the term of membership. 

You will not hold Spirit in You LLC responsible for other users’ actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer or fixed price website. Instead, the Site is a venue to allow anyone to offer, sell, and buy approved items by Spirit in You Employee’s only, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

 We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item’s lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

15. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Spirit in You may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Spirit in You’s liability shall be the minimum permitted under such applicable law.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Spirit in You, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from (1) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the Spirit in You Network, (2) your (or anyone using your account’s) use of the Spirit in You Network, (3) your (or anyone using your account’s) violation of these Terms, (4) your (or anyone using your account’s) violation of any rights of any other person or entity or (5) any viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful or deleterious programming routines input by you (or anyone using your account) into the Spirit in You Network.

17. TRADEMARKS

" Spirit in You " and the Spirit in You design, as well as certain other of the names, logos, and materials displayed in the Spirit in You Network constitute trademarks, trade-names, service marks or logos ("Marks") of Spirit in You or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Spirit in You or those other entities.

18. COPYRIGHTS; RESTRICTIONS ON USE

The content on the Site (the "Content"), including without limitation, text, photos, and graphics, is copyrighted by Spirit in You and/or its licensors under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by Spirit in You or its licensors. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Spirit in You and its applicable licensors, with the sole exception that one copy may be downloaded onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

MISCELLANEOUS

These Terms constitute the entire and exclusive and final statement of the agreement between you and Spirit in You with respect to the subject matter hereof, and govern your use of the Spirit in You Network, superseding any prior agreements or negotiations between you and Spirit in You with respect to the subject matter hereof. These Terms and the relationship between you and Spirit in You shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Spirit in You Network shall be brought in the Federal or State courts located in Sacramento County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Spirit in You to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Spirit in You and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Spirit in You Networks or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2 and 13 through 19 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Spirit in You Network.

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