Conditions of Use
This user agreement (the "Agreement" or "User Agreement") describes the terms and conditions which apply to your use of our services which are available on our website known as http://www.spddiecast.com (the "Site"). If you do not agree to be bound by these terms and conditions, please do not use or access our website.
Our services are available only to individuals 18 years of age or older (or) younger under adult supervision. Our website is not available to children (persons under the age of 18). If you are under the age of 18, you can use this service only in conjunction with, and under the supervision a parent or guardian. If you do not meet these requirements, please do not use our website.
We provide our website and services "as is" and without any warranty or condition, expressly implied or otherwise. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
Except as explicitly stated otherwise, any notices shall be given by postal mail to SpdDiecast.com; Attn: Legal; 73 Jones Avenue; Rochester, NY 14608. Notice shall be given by certified mail, postage prepaid and return receipt requested, to the address provided to SpdDiecast during the registration process. Notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and SpdDiecast, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SpdDiecast agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All policies and obligations outlined in our Help pages are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site.
This Agreement shall be governed in all respects by the laws of the State of New York. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. 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. You agree that this Agreement and all incorporated agreements may be automatically assigned by SpdDiecast at our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.