Terms of Service for Company Websites

Spindle Research, Inc. ("Company") owns and/or operates several websites, including Spindle Law (spindlelaw.com), Spindle Research (spindleresearch.com), and others (collectively, the "Websites" and each a "Website"). By accessing or using any of the Websites, you agree to these Terms of Service ("Agreement"). If you do not agree to the terms of this Agreement, you may not use the Websites. Accessing and/or downloading content from any of the Websites constitutes your agreement to be bound by the Agreement as outlined and modified from time to time. Company reserves the right to amend this Agreement at any time. All amendments will automatically go into effect on the day after their initial posting on any Website. Use of any Website subsequent to such posting shall constitute your agreement to all such amendments. This Agreement may not otherwise be amended or altered except in a writing signed by both you and an authorized representative of Company. Because this Agreement and its amendments are binding, you should periodically visit this page to review amendments.

Access and Use

In general

All materials displayed or transmitted on the Websites, including but not limited to text, photographs, images, illustrations, data, graphics, files and other content ("Content"), and software are either owned by Company or its affiliates or are used pursuant to a license, and are protected by United States and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties ("Materials") or are public domain materials. When you view, use, or download these Materials, they are provided to you by Company under a license that is revocable. Company or its licensors retains full and complete title to the software and to all of the associated intellectual property rights in and to the Material. You may not redistribute or sell the software, nor may you reverse engineer, disassemble or otherwise convert it to any other form. You may use and display the Content, provided that you include in all Content that you use a link back to the Website from which the Content was obtained or, in printed documents, attribution to, and url of, that Website. When you use or display any User Comment (defined in the next paragraph), you must also comply with the terms of the Creative Commons Attribution-Share Alike 3.0 United States License, found at http://creativecommons.org/licenses/by-sa/3.0/us/, which include giving attribution to the original author of the User Comment and including a link to the license terms. You may also, without providing a link back or other attribution, use and display rules and authorities obtained from the Spindle Law website in legal memoranda, briefs, scholarly articles, and similar written materials that you create. In no case may you download or screen-scrape materials in bulk from the Websites without written permission from the Company. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the Websites in accordance with these terms and conditions. Company reserves any rights not expressly granted under these terms and conditions of use.

You hereby grant to Company a nonexclusive, worldwide, perpetual, royalty-free, irrevocable, transferable, sub-licensable license to reproduce, distribute, display, publish, use and prepare derivatives of all Content, materials, comments, analyses, remarks, suggestions, ideas, or other information that you post on or communicate to Company through any Website ("User Materials"). As to User Materials entered as comments on the Spindle Law website, such as comments on legal rules, authorities, and sources ("User Comments"), you grant that license subject to a Creative Commons Attribution-Share Alike 3.0 United States License, which can be found at http://creativecommons.org/licenses/by-sa/3.0/us/.As to all other User Materials, including contributions of, and edits to, topics, rules, and authorities, you grant that license without qualification. In either case, Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the materials you submit for any and all commercial or noncommercial purposes, without any obligation to compensate you or others for the materials.

Attribution

To the extent that any of the User Comments are included in any Website, Company will include in relation to such User Materials attribution to the source of such materials. Such attribution will include, at the least, the name of the contributing user of such User Comments, provided that the user has provided that information to the Company. Attribution may, at the Company's discretion, also include user contact information or other information about the user that the user provides to the Company, if and only if the user designates such information as information that should be made available to the public. With respect to other User Material, Company shall have the same rights as it has with respect to User Comments and shall also have the right, in its sole discretion, to determine not to provide attribution of any sort. In all cases, Company shall have the right to determine the nature of the attribution to be provided with User Material and whether or not to include attribution for User Material for which a user has notified Company that it does not wish to be given attribution.

Access and Use of Websites

Minors are not allowed to conduct transactions over the Websites, including purchasing products or submitting requests for information. If you are a minor, please do not attempt to use the Websites for any purpose. In addition, if your ability to use the Websites has been suspended, you may not use the services offered on the Websites. If your permission to access the Websites has been suspended by Company or any of its affiliates, and you continue to be able to access any Website despite such suspension, then any such access shall be considered a material violation of this Agreement and applicable law. Unauthorized access to or use of any Website is strictly prohibited and may constitute a violation of federal and/or state law.

To gain access to the non-public areas of the Websites, you must obtain a user name. User names may not contain inappropriate or obscene words, phrases, or combinations of characters. Company is the sole arbiter of whether a user name is inappropriate or obscene. "Inappropriate" language includes, but is not limited to defamatory, racial or profane words, phrases, or combinations of characters. Your user name may not contain words, phrases, or combinations of characters that are likely to confuse or mislead others into believing that you are affiliated with any entity, including the United States government, with which you are not in fact affiliated. Although your user name need not reveal your identity, you are required to provide truthful and complete disclosure of your name, the entity you represent (if applicable), and information including address and phone number where you can be reached, if requested by Company. Failure to provide this information or providing false information will result in termination of your right to access the Websites.

You must use a password in conjunction with your user name to access the non-public areas of the Websites. You may select the password yourself. DO NOT, UNDER ANY CIRCUMSTANCES, REVEAL YOUR PASSWORD TO ANYONE. You must provide accurate identification to retrieve a password you have forgotten. Company will not be responsible or liable for any damage caused by disclosure of your password or your inability to remember your password, including pecuniary obligations incurred by a third party on your behalf.

Company may revoke your rights to access the non-public areas of the Websites at any time for any reason, including a violation of any other agreement between you and Company, including an agreement to compensate Company for purchases. Company will not be responsible to you or any other party for any loss, damage, claim, or liability that may arise out of such termination.

You will be responsible for ensuring that suitable space, computer equipment, electric power, network connection, phone service, and appropriate environmental conditions exist to enable the Websites to operate effectively. You will also be responsible for installing and maintaining any software required to access the functionality of the Websites.

Intellectual Property

You may, without providing attribution, use and display rules and authorities obtained from the Spindle Law website in legal memoranda, briefs, scholarly articles, and similar written materials that you create. Your use of all other portions of the Content is subject to a Creative Commons Attribution-Share Alike 3.0 United States License, which can be found at http://creativecommons.org/licenses/by-sa/3.0/us/. Attribution should include a link back to the Website from which the Content was obtained or, in printed documents, an attribution to, and url for, that Website. Any other use of the Materials on the Websites, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the Content of the Websites, without the prior written permission of Company, is prohibited. In no case may you download or screen-scrape materials in bulk from the Websites without written permission from the Company.

You acknowledge that all intellectual property rights and other legal means of ownership in the Material residing on the Websites remain with Company, its licensors and its third party developers. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, textual material, graphics, or modules contained on any Website for any other purpose is prohibited.

The trademarks, logos, and service marks displayed on the Websites, including but not limited to the mark "Spindle," (collectively, "Marks"), are marks or registered marks of Company and others. Nothing contained on the Websites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on any Website without the express written permission of Company or a third party that may own the Marks displayed on the Website. The misuse of Marks displayed on any Website, or any other content on the Websites, is strictly prohibited. Please be advised that Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Many of the systems in place in the non-public areas of the Websites contain unique processes that are subject to federal and state intellectual property and trade secret laws. Please be advised that copying or adapting this system may render you liable for infringement of Company's intellectual property rights. Moreover, the Websites contain confidential information. Accordingly, you agree not to disclose (regardless of means, manner, or media) or use (except in the course of the normal use of the Website) the operational or functional aspects of the non-public areas of the Websites or any of the processes used or disclosed therein. In addition, you agree not to use any information learned on the Websites to compete, in any way, with Company or the Websites.

Names and images of people or places displayed on the Website are either the property of, or used with permission by, Company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by this agreement, under express permission provided elsewhere on the Websites, or by written permission from Company. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

User Posted Materials

Company regularly allows its users to post User Materials on the Websites over which Company has no supervision or control. You agree to defend, indemnify and hold harmless Company from any liability that it may incur as a result of your posting of such User Material, including liability arising under any United States or foreign intellectual property law, tort claims, contractual claims, and claims by Company against you for any damages Company directly incurs as a result of such User Materials.

Although Company may from time to time monitor or review any User Materials, transmissions, or the like that may occur on the Websites, Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transactions nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained within such transactions on the Websites. Company does, however, reserve the right to remove any such information or User Materials if a user or other party brings to Company's attention the possibility that such information may result in liability or offense to any other party.

The following is a sample listing of the User Material that you are prohibited from posting to the Websites. You agree that you will not submit User Material to the Websites in a manner that:

• discloses personally identifiable information of another person, such as another person's full name, email address, telephone number or street address;
• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages or is in pursuit of conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, U.S. or international law;
• violates the copyright, trademark or other intellectual property rights of any other person.
• transmits content that encourages or provides instructional activities about phishing, hacking, or other illegal activities;
• solicits other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
• attempts to resell, redistribute, broadcast or transfer the information or use the information derived from the Websites in a searchable, machine-readable database;
• uses the Websites to collect personally identifying information about users of the Websites in violation of our Privacy Policy;
• disguises a file type to thwart our detection processes;
• attempt to gain unauthorized access to other computer systems or networks connected to the Websites or portions of the Websites which are not made available for general public access;
• that utilizes bots, spiders or disproportionately burdens the capacity of the system;
• improperly assumes or claim the identity, characteristics or qualifications of another person;
• is for purposes of spamming;
• contains any virus or other harmful component; or
• is libelous, or an invasion of privacy or a violation of publicity rights or any other third party rights.

Despite these prohibitions, the User Materials may contain inaccurate, inappropriate, offensive or sexually explicit material. The Company assumes no responsibility or liability for such material. If you become aware of abusive or objectionable User Materials or misuse of the Websites by any user, please contact us. Our contact information is provided at http://spindlelaw.com/contact.

Company shall have the right to remove or disable access to any User Materials for which Company has received a DMCA notification of infringement.

You are solely responsible for your interactions with other users. Company reserves the right, but has no obligation, to monitor disputesbetween you and other users. For your own protection, when usingthe Websites, please be certain that anything you say does notcompromise your personal safety. Do not continue any conversationonline that makes you feel uncomfortable. Please report abusiveor inappropriate behavior to us immediately. See http://spindlelaw.com/contact for our contact information.

DISCLAIMER OF WARRANTIES AND LIABILITY

Company does its best to ensure the optimal performance of the Websites. By using this Website, you agree that you are doing so at your own risk.

The Company reserves all control of the use and availability of the Websites including:

• restricting the time of availability,
• restricting the availability and/or scope of the Websites for certain platforms (i.e., computer types and operating systems),
• restricting the amount of use permitted, and
• restricting or terminating any user's right to use all or part of the Websites, at any time in the Company's sole discretion and without prior notice or liability.

You are responsible for all charges associated with connecting to the Websites through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Websites. You certify that you are an individual (e.g., not a corporation).

COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES' CONTENT, INCLUDING WITHOUT LIMITATION, ABOUT ANY PRODUCTS OR SERVICES OF COMPANY. THE WEBSITES AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THE WEBSITES, INCLUDING, WITHOUT LIMITATION, SOFTWARE, DATA, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVERS THAT MAKES THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE WEBSITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Disclaimer Regarding Legal Information on the Websites

Although Spindle Law contains information about the law and legal analysis by users, nothing in it should be considered legal advice or legal services. Spindle Law does not provide legal advice or legal services and you acknowledge and agree that the information obtained from the Spindle Law websites shall not be deemed to be legal advice or the provisioning of legal services. To the extent you are seeking legal advice or legal services be sure to consult with an attorney admitted to the bar in the appropriate jurisdiction. Moreover, we do not guarantee the completeness or accuracy of the content on the websites. Because the content and information on the websites is user-contributed information and content and, by its nature, a work in progress, it is virtually certain to contain errors and omissions. Always check what you find against your own reading (or your lawyer's reading) of cases and other underlying sources of law. Please be sure to consult with an attorney before relying on any of such information or content found on the websites.

LIMITATION OF LIABILITY

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE WEBSITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of this Agreement or any activity related to your use of any Website (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Websites using your Internet account.

Links to Other Sites

The Websites may provide access to other websites. Company does not control these sites, and you access them solely at your own risk. Company also does not endorse or approve any products or information offered at sites you reach through the Websites. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in the Company Websites or have moved to another website.

In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Website or Company, including its respective employees, agents, directors, officers and members.

If Company has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Company is connected with, operates or controls these websites.

Company is not responsible for the content or practices of 3rd-party websites that may be linked to this Website. This Website may also be linked to other websites operated by companies affiliated or connected with Company. When visiting other websites, however, you should refer to each such website's individual "Terms of Service" and not rely on this Agreement. Company takes no responsibility for 3rd-party content or advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers.

When you click on a link within Company, Company will not warn you that you have left this Website and are subject to the terms and conditions (including privacy policies) of such other site. In some cases it may be less obvious than others that you have left this Website and reached a 3rd-party site. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. Company shall not be held responsible for your activities on websites other than this Website.

Jurisdiction

Company controls and operates the Websites from the company's headquarters in New York, in the United States of America. Company in no way warrants or implies that the materials on the Websites are appropriate for use outside of the United States. If you use the Websites from a location outside of the United States, you are solely responsible for compliance with any applicable local laws. You may not use or export the materials on the Websites in violation of U.S. export laws and regulations. Any claim relating to the Websites or your use of it shall be governed by the internal substantive laws of the State of New York, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Websites shall be exclusive in the state or federal courts located in New York, including the United States District Court for the Southern District of New York.

Modification of the Websites and these Terms of Service

By providing Materials on the Websites, Company does not promise that the Materials will remain available to you. Company is entitled to terminate all or any portion of the Websites at any time, without notice to you. Company also reserves the right to change the terms, conditions, and notices under which the Websites are offered, and your use of the Websites following any such changes shall be deemed to constitute your consent to this Agreement and its modifications. You agree to regularly review this Agreement to verify whether it has been changed.

Information Use

Any communication or material you transmit to any Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Company or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Company is free to use any ideas, concepts, know-how or techniques contained in any communication you send to any Website for any purpose whatsoever on a royalty-free basis and for no charge, including but not limited to developing, manufacturing and marketing products using such information.

Company makes commercially reasonable efforts to safeguard individual Website users' personal information. Nevertheless, Company cannot ensure that these measures will provide perfect security. Company will not be responsible or liable for damage, pecuniary or otherwise, caused by a third party's unauthorized access to or use of your information.

You will not use any Website or any services provided on the Websites in any manner, or in connection with any content, data, hardware, software of other materials provided by or on behalf of You or any person accessing a Website under your authority that (1) infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or (2) violates any applicable international, federal, state or local law, rule, legislation, regulation of ordinance, including, without limitation, the Communications Decency Act of 1996, as amended.

In using a Website to conduct transactions, you may acquire access to others' personal information, such as names and addresses. Your use of the Websites constitutes your agreement to respect others' privacy with respect to personal information. You may not, under any circumstances, release others' personal information to third parties, including your employees who have no need for the information, without the written consent of both Company and the person or persons whose personal information you intend to forward. You may not, under any circumstances, use personal information obtained from the Websites to send unsolicited email, facsimile transmissions, or spam, even if the person to whom you intend to send unsolicited email or spam has communicated with you in the past. You agree to immediately notify Company of any release or breach of any third party's personal information (including name, address, phone numbers, email addresses, account numbers, investment histories, or social security number) that occurs as a result of use of a Website under your user name.

You may not use any device, software, or process to interfere or attempt to interfere with any function of any Website. You may not deliberately, willfully, or negligently take any action that overloads, places an unreasonable burden on, or otherwise diminishes (in any significant way) the functionality or responsiveness of any Website or its infrastructure. Company will be the sole arbiter of what is an "unreasonable" burden or a "significant" diminution of a Website's functionality and/or responsiveness. Any attempt to alter information posted on a Website or to interfere with the functions of any Website will result in immediate termination of your right to access the Websites and may also render you liable for civil and/or criminal penalties.

Information Gathered

We do not share any of the personal information you provide to us with any third party other than service providers of ours who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we will endeavor to ensure that party has agreed to comply with our privacy standards as described in these Terms of Service. The information gathered from our users through inquiry forms on the Websites is used to provide quality services to our consumers. Company will make reasonable efforts to protect our users and partners from privacy violations. (Your username and other information that you designate as public may, of course, be displayed on the Websites.)

Log Files

Company periodically collects log files, including IP addresses, from our server. These files give a general picture of who is visiting the Websites and which pages are being viewed most often. This information is collected to assist us in the maintenance and administration of the Websites. Log files are collected mainly for research purposes to see what pages are of most interest and use to current and potential clients as well as to gather demographic, geographic and psychographic trends. Company reserves the right to make changes to this policy's description of log files use at anytime.

Cookies

Company uses "cookie" technology that allows our servers to deposit codes on a visitor's computer. This information helps determine the number of visitors to a Website on an ongoing basis and the types of Internet browsers (e.g., Firefox, Safari, or Internet Explorer) and operating systems (e.g., Windows or Mac) used by the Websites' visitors. This information is used to enhance your online visits.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that any material contained in the Websites infringes your copyright, please notify the Company of your copyright infringement claim in accordance with the following procedure.

Company will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Company's Designated Agent:

David P. Gold
Spindle Research, Inc.
228 Park Avenue South
New York NY 10003



Subject Line: Company DMCA

877-873-0517 (from US only)
646-434-1416

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.

If you believe that your User Material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Material, you may send a counter-notice containing the following information to the Designated Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Company's sole discretion.

Repeat Infringer Policy

In accordance with the DCMA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Websites and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Service constitute the entire agreement between you and the Company regarding the use of the Websites and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Websites or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions

If you have questions or would like additional information, please contact us. Our contact information is available at http://spindlelaw.com/contact.