Terms of Use

SPICE FOR LIFE, LLC

Terms of Use

Welcome to the website of SPICE FOR LIFE, LLC (“SPICE FOR LIFE,” “we” or “us)!

The following terms and conditions (these “Terms of Use”), govern your access to and use of [http://www.spice-forlife.com/], including any content, functionality and services offered on or through same (the “Website”).

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our privacy policy, found at www.spice-forlife.com/privacy (“Privacy Policy”), which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of such age and can form a binding agreement with SPICE FOR LIFE. If you do not meet this requirement, you may not access or use the Website.

Access to the Website

You are responsible for all arrangements necessary for you to have access to the Website and for ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.

To engage with SPICE FOR LIFE or access the Website or any of the resources available through it, you may be asked to provide certain information, either directly or through certain social media channels. It is a condition of your use of the Website that all the information you provide is current and accurate. You further agree that all information you provide to SPICE FOR LIFE, including but not limited to any posted to or through the use of any interactive features on the Website, is governed by these Terms of Use and our Privacy Policy, and you consent to all actions we take with respect to your information consistent with same.

We reserve the right, in our sole discretion without notice, to withdraw or amend this Website, any service, material or content provided on the Website, or any other activity we offer. We will not be liable if for any reason all or any part of the foregoing is unavailable at any time or for any period. From time to time, we may restrict access to the Website, in whole or in part.

Intellectual Property Rights

The Website and its entire contents, features and functionality, including all, software, text, displays, images, graphics, video, audio and other information, and the design, selection and arrangement thereof, and all patent rights, patents, copyrights, trademarks, trade secrets, publicity rights and other proprietary rights (collectively, “Intellectual Property”) therein are owned by SPICE FOR LIFE, its licensors or other providers of such content and materials and are protected by state and federal Intellectual Property laws in the United States and other countries.

For purposes of any information, software, text, displays, photos, images, drawings, video, audio or other content that you may post, deliver or otherwise make available to the Website, directly or through social media channels (“User Supplied Content”), you hereby grant us a royalty-free, worldwide, perpetual right and license to store, use, reproduce, distribute, modify, create derivative works based on, publicly display and publicly perform such User Supplied Content and further represent that you have full right, power and authority to grant such license.

These Terms of Use permit you to access and use the Website and its contents. Except as expressly authorized, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Website or its contents, in whole or in part, or delete or alter any copyright, trademark or other proprietary rights notices from this Website or its contents provided that:

  • Your computer, tablet, smart phone or other similar device may temporarily store copies of such content in RAM incidental to your accessing and viewing that content.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

The name, “SPICE FOR LIFE” and the SPICE FOR LIFE logo and all related names, logos, product and service names, designs and slogans are trademarks of SPICE FOR LIFE, LLC or its affiliates, sponsors or licensors. You may not reproduce or use such marks without the prior written permission of SPICE FOR LIFE, LLC or its members. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to access or use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate SPICE FOR LIFE, LLC, a SPICE FOR LIFE, LLC member or employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

  • For any commercial purpose, without our express authorization.

  • To engage in any other conduct that restricts or inhibits any other party’s use or enjoyment of the Website, or which, as determined solely by us, may harm SPICE FOR LIFE, LLC or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.

  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce to or transmit through the Website any virus, ‘Trojan Horse,’ worm, logic bomb, malware or other malicious code or material harmful to the Website or any other hardware, software or user (“Malware”).

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer or database connected to the Website.

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

If you use the Website in violation of the foregoing, violate our Intellectual Property rights or otherwise breach these Terms of Use, your right to access and use the Website will cease immediately and you must, at our option, immediately return or destroy any copies of any contents from the Website you have made or received. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SPICE FOR LIFE, LLC. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate Intellectual Property and other laws.

Reliance on and Changes to Information on Website

The content and information presented on or through the Website is made available solely for engagement with SPICE FOR LIFE, LLC and we do not warrant the accuracy, completeness or usefulness of such content or information. We may update the Website from time to time, but its content and information is not necessarily complete or up-to-date at any time. Any content or information on the Website may be inaccurate, incomplete or out of date at any given time, and we are under no obligation to correct, complete or update such content or information. Any reliance you place on such content or information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content or information by you or any other visitor to the Website or anyone who may be informed thereof.

This Website may include content or information posted or provided by third parties, including other Website users and SPICE FOR LIFE, LLC sponsors, vendors and licensors. All such content and information, including all statements and/or opinions expressed therein, other than any provided by SPICE FOR LIFE, LLC, are solely the opinions and responsibility of the party providing same and do not necessarily reflect the opinions of SPICE FOR LIFE, LLC, or its members. We are not responsible or liable to you or to any third party for any content or information on the Website provided by any third parties.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking and Social Media Features

You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage or exploit our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party social media channels or websites to certain content on this Website.

  • Send e-mails or other communications with certain content or links to certain content on this Website.

  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party social media channels or websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions applicable to such features. Subject to the foregoing, you must not:

  • Establish a link from any website or social media channel that is not owned or properly controlled by you.

  • Cause the Website or portions of it to be displayed, or appear to be displayed on any other site (by, for example, framing, deep linking or in-line linking).

  • Link to any part of the Website other than the homepage.

  • Otherwise take any action with respect to the content or materials on this Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in preventing any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

We may disable any social media features and any links at any time without notice in our sole discretion.

Links from the Website

If the Website contains links to other sites, channels and resources provided by third parties (including any contained in promotions, advertisements, banners, sponsored links, etc.), these links are provided for your convenience only. We have no control over the contents of those sites, channels or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third party sites, channels or resources linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites, channels and resources.

Geographic Restrictions

SPICE FOR LIFE, LLC is based in the State of Ohio in the United States of America. We make no representation that the Website or any of its content will be accessible or appropriate in any jurisdiction, including outside of the United States. Access to the Website may not be legal by certain persons or in certain jurisdictions. If you access the Website, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

We do not guarantee or warrant that any content, information or files that may be downloaded from this Website will be free of Malware and users and visitors to the Website are responsible for implementing anti-Malware protections appropriate to their own circumstances.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY MALWARE, A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL EFFECTS ON YOUR COMPUTER, TABLET, SMART PHONE OR OTHER SIMILAR DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, CONTENT OR INFORMATION OFFERED OR OBTAINED THROUGH THE WEBSITE OR ANY OTHER WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND INFORMATION IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND INFORMATION AND ANYTHING AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SPICE FOR LIFE, LLC NOR ANY PERSON ASSOCIATED WITH SPICE FOR LIFE, LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR ANY CONTENT OR INFORMATION THEREOF. WITHOUT LIMITING THE FOREGOING, NEITHER SPICE FOR LIFE LLC NOR ANYONE ASSOCIATED WITH SPICE FOR LIFE LLC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR INFORMATION OR ANYTHING AVAILABLE THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR ANY SERVER OR OTHER HARDWARE THAT MAKES IT AVAILABLE ARE FREE OF MALWARE, OR THAT THE WEBSITE OR ANYTHING AVAILABLE THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

SPICE FOR LIFE, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitations on Liability

IN NO EVENT WILL SPICE FOR LIFE, LLC OR ITS AFFILIATES, SPONSORS, LICENSORS OR SERVICE PROVIDERS OR THEIR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUCCESSORS OR ASSIGNS BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR INFORMATION ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANYTHING AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ECONOMIC OR PERSONAL INJURY, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless SPICE FOR LIFE, LLC and its licensors and service providers, and their respective members, employees, agents, officers, directors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to any User Supplied Content, your violation of these Terms of Use or your use of the Website, its content or information other than as expressly authorized in these Terms of Use.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District Court or the courts of the State of Ohio, in each case sitting in the City of Cleveland and County of Cuyahoga, and you hereby submit to the personal jurisdiction of such courts and waive any and all objections to the exercise of such jurisdiction and to venue therein, provided that; SPICE FOR LIFE, LLC retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state or country of residence or in any other relevant jurisdiction.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by SPICE FOR LIFE, LLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SPICE FOR LIFE, LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and SPICE FOR LIFE, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Your Comments and Concerns

The Website is operated by SPICE FOR LIFE, LLC, located at 3441 Tuttle Road, #103, Shaker Heights, OH 44122, and its vendors.

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: help@spice-forlife.com.

Thank you for visiting the Website.