Last updated December 5th, 2015

The policies below are applicable to the Padspin website located at www.padspin.com, any affiliated network of websites (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Padspin; all apps published by Padspin; and all other interactive features, services, and communications provided by Padspin (“Sites”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Padspin Inc., Padspin Industries Inc., Padspin Canada Limited, and their affiliated companies (“Affiliates”) (collectively “Padspin” or “we”, “us”, or “our”). In addition to the Content on the Sites, the Sites may provide you with various opportunities to download content and participate in various community services (“Services”). BY USING OUR SITES, DOWNLOADING CONTENT, AND THE SERVICES YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR SITES AND ANY AFFILIATE SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using the Sites, you agree to such terms and conditions. This is a legal agreement between you ("you" or "user") and Padspin that states the material terms and conditions that govern your use of the Sites. This agreement, together with all updates, supplements, additional terms, and all of Padspin’s rules and policies collectively constitute this "Agreement" between you and Padspin. BY ACCESSING THE SITES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE IMMEDIATELY LEAVE THIS WEB SITE. Key Terms “Padspin Content” means all Content that Padspin makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content. “Apartment Scheduling Period” means the time period starting from the time when a Viewing is requested by an Applicant (as determined by Padspin in its sole discretion), within which a Poster may decide whether to confirm or reject that scheduling request, as stated on the Site, Application or Services. Apartment Scheduling Periods may apply in different places. “Collective Content” means Member Content and Padspin Content. “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials. “Viewer/Applicant” means a Member who requests from a Poster a scheduling of an apartment viewing via the Site, Application or Services. “Poster” means a Member who creates an apartment Listing via the Site, Application and Services. “Listing” means an apartment that is listed by a Poster as available for rental via the Site, Application, and Services. “Member” means a person who completes Padspin’s account registration process, including but not limited to Posters and Applicants, as described under “Account Registration” below. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.

  1. Site Access License.

    Padspin grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Sites, or their content. Padspin does not grant you a license to modify or all or any portion of the Sites and their content. This license does not include any resale or commercial use of the Sites or their contents; any data and use of any images or third party content on the Sites; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another company or user; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites and/or any portion of the Sites may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Padspin’s express written consent. You will not access or attempt to access content on the Sites through any interface except for the publicly provided interfaces provided by Padspin. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Padspin, its content providers or its affiliates without express written consent. You will not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

  2. Copyright and Ownership.

    All of the content featured or displayed on the Sites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Padspin, its licensors, vendors, agents and/or its Content providers. All elements of the Sites, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Sites may only be used for the intended purpose for which such Sites and Services are being made available. Except as may be otherwise indicated in specific documents within the Sites or as permitted by copyright law, you are authorized to view, play, print and download copyrighted documents, audio and video found on our Sites for personal, informational, and noncommercial purposes only. Except as permitted by copyright law, You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Sites. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Sites. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites and Services. The Sites, its Content and all related rights shall remain the exclusive property of Padspin or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Sites.

  3. Modification.

    Padspin reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.

  4. Eligibility.

    The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

  5. Trademarks/No Endorsement.

    All trademarks, service marks and trade names of Padspin used herein (including but not limited to: Padspin name, Padspin corporate logo, the Sites design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Padspin or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Padspin trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Sites, without Padspin's prior written consent. The use of Padspin trademarks on any other website or networked computer environment is not allowed. Padspin prohibits the use of Padspin trademarks as a "hot" link on or to any other web site unless establishment of such a link is approved in advance. You shall not use Padspin’s name or any language, pictures or symbols which could, in Padspin’s judgment, imply Padspin’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

  6. Padspin Content and Member Content License.

    Subject to your compliance with the terms and conditions of these Terms, Padspin grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Padpsin Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Padspin or its licensors, except for the licenses and rights expressly granted in these Terms.

  7. Member Content.

    We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Padspin a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Padspin does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application and Services or you have all rights, licenses, consents and releases that are necessary to grant to Padspin the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Padspin’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  8. Account Registration and Security.

    In order to access certain features of the Site and Application, and to schedule a Viewing or create a Listing, you must register to create an account (“Padspin Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. You can also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Padspin Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Padspin through the Site, Services or Application; or (ii) allowing Padspin to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Padspin and/or grant Padspin access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Padspin to pay any fees or making Padspin subject to any usage limitations imposed by such third-party service providers. By granting Padspin access to any Third-Party Accounts, you understand that Padspin will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site, Services and Application via your Padspin Account and Padspin Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Padspin Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Padspin’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Padspin Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Padspin makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Padspin is not responsible for any SNS Content. We will create your Padspin Account and your Padspin Account profile page for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Padspin Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Padspin reserves the right to suspend or terminate your Padspin Account and your access to the Site, Application and Services if you create more than one (1) Padspin Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Padspin Account, whether or not you have authorized such activities or actions. You will immediately notify Padspin of any unauthorized use of your Padspin Account.

  9. Inappropriate Material.

    You are prohibited from using the Sites to post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited advertisements or “spam” to any user of the Sites or the Sites or through Voice computer systems is expressly prohibited by these Terms of Use. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, banning you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials from the Sites at any time without notice. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

  10. General Posting and Financial Terms.

    a. Posting Listings. If as a Member, you post your Listing on the Site you may be entitled to compensation. If as a Poster a Padspin user successfully signs a lease for your Listing, then as a Poster you are rewared a flat fee based upon 1 months rent of the Listing. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Listing and pricing. In order to be featured in Listings via the Site, Application and Services, all Listings must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to view your Accommodation via the Site, Application and Services based upon the information provided in your Listing. You understand and agree that once a Viewer requests a viewing of your Listing, you may not request the Viewer to pay a higher price than in stated in the Listing. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the viewing Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to the Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Padspin assumes no responsibility for a Poster’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Padspin reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Padspin, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Padspin’s then-current Terms of Use or otherwise harmful to the Site, Application or Services. If you are a Poster, you understand and agree that Padspin does not act as an insurer or as your contracting agent. If Viewer requests a viewing of your Listing and views your Listing, any agreement you enter into with such Viewer is between you and the Viewer and Padspin is not a party thereto. Notwithstanding the foregoing, Padspin serves as the limited authorized payment collection agent of the Poster for the purpose of accepting, on behalf of the Poster, payments from Viewers of such amounts stipulated by the acceptable fees as stated by Padspin. If you are a Poster, Padspin makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm for viewing your Listing. You acknowledge and agree that, as a Poster, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Listing during the viewing. Padspin may offer Posters the option of having photographers take photographs of their Listing. If you as a Poster choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “Padspin.com Verified Photo” or similar wording (“Verified Images”). All images, materials and content created by these photographers provided by Padspin, including Verified Images, constitute Padspin Content, regardless of whether you include them in your Listing. b. Searching apartments. If as a user, you search for a Listing on the site and you want to schedule a time to view the Listing, then you will have to setup an account. During the scheduling process a pre-authorization based upon one month’s rent of the selected property will ran via PayPal. Padspin will not debit from your account until we've confirmed your interest in prusuing and are moving forward with submitting an application. Additionally, Padspin will unpublish the listing of the property of interest guaranteeing the user sole access to lease the property. c. Viewing Apartment. If as a user, you agree to view a Listing, you are responsible for leaving the Listing in the condition it was in when you arrived. You acknowledge and agree that, as a Member, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to the Listing viewing. In the event that a Poster claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim you will be given forty eight (48) hours to respond. Padspin also reserves the right to charge the credit card on file in your account, or otherwise collect payment from you and pursue any avenues available to Padspin, If we are unable to charge the Paypal account on file or otherwise collect payment from you, you agree to remit payment for any damage to the apartment to the applicable Posting user or to Padspin (if applicable). If Padspin discovers that you have successfully rented an apartment in a building we initially introduced you to. Padspin will be compensated 50% of the fee we would have charged for the apartment. d. Response after viewing an apartment. Padspin will notify you within two (2) hours after you view the Listing to determine if you are interested in proceeding with applying for the listing. You must confirm your interest with Padspin. If you are not interested in proceeding with trying to lease the Listing, Padspin will remove the pre-authorization on your account and notify the landlord that you are not interested in the Listing. If you do not respond to this notification, as interested or not interested in the Listing, within (12) hours then Padspin will release the Listing back to the site for other Members to view. e. Debiting your account. If after viewing an apartment you express interest in applying for the unit Padspin will debit your account and publish the the listing of interest so no other users have access to it. f. Refund. Padspin will provide a 50% refund within 24 hours of canceling your application. Cancellations that happen outside the 24 hours period are nonrefundable. All applications that are not approved receive 100% refund. g. NonPayment. If a user secures an apartment via Padspin and does not pay the fees associated with Padspin service, Padspin will pursue all available options to ensure collection is made. If this results in a lawsuit Padspin will seek a standard broker’s fee of fifteen percent of the first years total rent. In addition to any legal cost that may be incurred in this process.

  11. Lease Breakers.

    If Padspin successfully fills a Lease Breaker's outgoing apartment, the Lease Breakers is not eligible for a referral bonus. Additionally, in the event that the landlord or management company refuse to professionally clean the apartment the Lease Breaker will be held responsible to do so. If the apartment is not cleaned the Lease Breaker will be held liable and may be subject to legal proceeding for violation of this agreement. If legal action is taken Padspin reserves the right to charge a full 15% broker’s fee to the Lease Breaker as well as additional legal fees.

  12. User interaction.

    All user interaction with current tenants and landlords will be facilitated by Padspin. Users that go outside Padspin and current tenants and contact landlords directly are in violation of these terms.

  13. Third Party Links.

    From time to time, the Sites may contain links to websites that are not owned, operated or controlled by Padspin or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other web sites, or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using any other web sites. If you decide to access any other web sites linked to or from this Sites, you do so entirely at your own risk.

  14. Access and Interference.

    You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Sites; or (iii) bypass any measures we may use to prevent or restrict access to the Sites.

  15. Right to Takedown Content.

    Padspin shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Sites at any time without notice. Without limiting the foregoing, we shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny access to any user who fails to conform to any provision of these Terms of Use access to the Sites.

  16. Representations and Warranties.

    You represent that You are over the age of 18, have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Sites and Services is and will be in compliance with all applicable laws.

  17. DISCLAIMERS.

    YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PADSPIN, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITES. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITES MAY BE OUT OF DATE, AND NEITHER PADSPIN, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PADSPIN OR THROUGH THE SITES, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

  18. LIMITATIONS OF LIABILITY.

    Padspin does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Sites, or your downloading of any information or materials from this Sites. IN NO EVENT WILL PADSPIN, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING, DISPLAY OR TRANSMISSION OF THE SITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN NO EVENT SHALL PADSPIN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF ANY PRODUCTS OR SERVICES PURCHASED BY YOU ON THE SITES.

  19. Indemnity.

    You agree to defend, indemnify and hold Padspin and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Sites or the Internet or your placement or transmission of any message or information on this Sites by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Padspin; or (vi) any other party’s access and use of the Sites with your username, password or other appropriate security code.

  20. Release.

    In the event that you have a dispute with one or more other users of the Sites or with any other third party arising from your use of information obtained from the Sites, you release Padspin (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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes, including without limitation any intellectual property dispute or any dispute over the payment of the challenge.20. Termination. You or we may suspend or terminate your account or your use of this Sites at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Sites in the event that (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

  21. Force Majeure.

    Neither Padspin nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

  22. Privacy.

    Data collection and use, including data collection and use of personally identifiable information is governed by Padspin’ Privacy Policy which is incorporated into and is a part of this Agreement. Padspin does not share, sale, or reissue any of our user's information to outside outlets or vendors.

  23. General.

    Any claim relating to, and the use of, this Sites and the materials contained herein is governed by the laws of the state of Washington, USA. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not guarantee continuous, uninterrupted or secure access to our Sites or Services, and operation of the Sites may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Padspin in 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. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 7 (Access and Interference), 11 (Limitations of Liability), 12 (Indemnity), 13 (Release), 17 (General); and 18 (Entire Agreement) shall survive any termination or expiration of this Agreement.

  24. Entire Agreement.

    These terms and conditions are the entire agreement between the user and Padspin and supersede any prior understandings or agreements (written or oral).

  25. Additional Assistance.

    If you do not understand any of the foregoing Terms of Use or if you have any questions or comments, we invite you to contact our Customer Inquiries Department by email at team@padspin.com

  26. Copyright Notice.

    All Site design, graphics, text selections, arrangements, and all software are Copyright © 2014, Padspin or its licensors.