EFFECTIVE AS OF SEPTEMBER 30, 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.senseofspencer.com website (the “Service”) operated by Sense of Spencer LLC (“Sense of Spencer,” or “us,” or “we,” or “our”).

By accessing, browsing, or using any of Sense of Spencer Services, as defined below, you agree to comply with and be bound by these Terms of Service (“Terms of Service”). These Terms of Service apply to all of our internet properties, including, without limitation www.senseofspencer.com (the “Site”); mobile websites, microsites, mobile applications, or other online service where these Terms of Service are posted or accessable; Sense of Spencer’s profiles on any social media site; contest, sweepstakes, campaign, or service hosted by us (“Campaign”); and our marketing materials including, but not limited to, emails and newsletters. 

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of Sense of Spencer and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Sense of Spencer.

LICENSE GRANT 

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access, browse, and use the Services online, conditioned on your continued acceptance of, and compliance with, these Terms of Service and Sense of Spencer’s Privacy Policy. You may use the Services and Sense of Spencer Content for your non-commercial personal use and for no other purpose. The Sense of Spencer reserves the right to bar, restrict or suspend any user’s access to the Services, and/or terminate this license at any time for any reason. Sense of Spencer reserves any rights not explicitly granted in these Terms of Service.

LINKS TO OTHER WEBSITES

Our Service may contain links to third party web sites or services that are not owned or controlled by Sense of Spencer.

Sense of Spencer has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Sense of Spencer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Sense of Spencer and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

LIMITATION OF LIABILITY

In no event shall Sense of Spencer, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Sense of Spencer, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

CONTACT US

If you have any questions about these Terms, please contact us.