Spiral Funds, Inc. Terms of Use
Please read the following terms of use for Spiral Funds, Inc. (“SpiralFunds”) carefully. These terms refer to downloading and/or using SpiralFunds and website (“Software”) and using the services provided by SpiralFunds (“Services”). You acknowledge that you have read, understood, and agree to be bound by the following terms and conditions (“Terms of Use”). If at any time you do not agree to these terms of use, you must immediately remove the Software from your computer(s) and immediately terminate your use of the Services.
1. License Grant and Restrictions.
Subject to your compliance with these Terms of Use, SpiralFunds grants you a personal, limited non-exclusive, non-sublicensable, non-transferable, revocable license to install and use one (1) copy of the Software only on your personal computer.
2. Eligibility.
Use of the Software and Services are void where prohibited. The Software and Services are intended solely for users who are eighteen (18) years of age or older, and any registration, use or access to the Software or Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use.
3. Organization Representative
If you are using or opening an account on behalf of a company, organization, or other entity, then you represent and warrant that you (i) are an authorized representative of that entity, and (ii) agree to these Terms of Use on behalf of that entity.
4. Automatic Updates.
You acknowledge that SpiralFunds may automatically download upgraded versions of the Software and, accordingly, may upgrade the version of the Software that you are using or have installed on your computer. You hereby agree that your computer may automatically request and receive such upgrades or updates from SpiralFunds.
5. No Warranty.
The Software and the Services are being provided to you as-is and as-available, with no warranties. To the full extent allowed by law, SpiralFunds disclaims all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. Accordingly, you acknowledge that SpiralFunds, its affiliates, its merchants, and its causes, have no liability in connection with or arising from use of the Services or Software. Your only remedy with respect to dissatisfaction with the Software or Services is to uninstall the Software and cease using the Software and Services.
6. Void Where Prohibited.
SpiralFunds administers and operates the www.SpiralFunds.com website from its location in Colorado Springs, Colorado, USA. SpiralFunds reserves the right to limit, in its sole discretion, the provision and quantity of any Services to any person or geographic area. If you choose to access the website from outside the United States or use the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
7. Risk of Use.
You specifically acknowledge and agree that the entire risk arising out of the use of the Software and Services, remains solely with you, to the maximum extent permitted by law.
8. Control and Use of Your Computer.
You represent and warrant to SpiralFunds that you own the computer to which you are downloading any Software, or that you have the legal right to control the use of that computer. You agree to ensure that any other person whom you permit to use the Software or Services will do so in accordance with these Terms of Use. You must remove any Software from the computer if you sell the computer, or if you cease to have the legal right to control use of the computer.
9. Harm to Your Computer
You understand and agree that you access, download or otherwise use SpiralFunds Software or Services at your own discretion, and that you will be solely responsible for any damage to your computer or data that results from use of our Software and Services.
10. Restricted Uses.
You shall not (i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software or Services without the prior written consent of SpiralFunds; (ii) sublicense, sublease, lease, lend, assign, sell, resell, license, re-license, distribute, rent, export, re-export, permit concurrent use of or grant other rights in the Software or Services and any attempt by you to take such action shall be void; (iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software or Services by any means whatsoever; (iv) remove or alter any copyright, trademark and/or other proprietary notices contained on or in the Software or Services; (v) use the Software or Services for unlawful purposes, including to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism, or to facilitate such unlawful purposes, and (vi) shall not attempt to hack, destabilize or adapt the SpiralFunds’ website, the Software or Services or alter another website so as to falsely imply that it is affiliated with SpiralFunds.
11. Account Access.
When you use the Services and/or download the Software, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
12. Accuracy of Account Information.
You agree that the information you provide to SpiralFunds is true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure, then you agree to immediately notify SpiralFunds.
13. Right to Restrict Causes.
SpiralFunds reserves the right, at its sole discretion, to exclude any entity from our list of acceptable causes/charities.
14. Cause Disclaimer.
SpiralFunds does not warrant that any entity listed on our site as a cause/charity is a legitimate or bona fide cause, nor do we necessarily agree with the goals and beliefs of that entity. SpiralFunds recommends that all members verify the authenticity of any cause that they wish to support.
15. Contributions to Causes
SpiralFunds participates in arrangements with third parties that offer funds to SpiralFunds as a result of transactions executed by you. SpiralFunds then redirects a percentage of those funds to your specified cause(s). If you complete an eligible transaction, then the third party remits funds to SpiralFunds, but SpiralFunds does not set the criteria for what constitutes an eligible transaction. We post on our website the percentage paid to the cause using the best and most current information we have from the merchants, but SpiralFunds cannot assure you that the applicable third party will (a) remit the funds to us indicated on our website, nor (b) remit any funds to us. We are not responsible for any such third party’s failure to pay funds to us. No contributions will be made to any nonprofit organization until we have received the funds from the applicable third party. The amount eligible for contribution to your specified causes is based on the amount that we actually receive from the third party.
16. Payments to Causes.
We make payments to causes approximately four times a year (early February, May, August, November) for the preceding Gregorian calendar quarter. Payments are made to all those causes that have accumulated at least $25 in contributions. Also, we use the causes you have selected at the time we make the payments, not at the time you make your purchase.
17. Percent of Transaction Shown on Our Website.
Except where noted otherwise, the percentage of transaction displayed for merchants on our website represents the percentage that we direct to your cause(s). In most cases, the percentage given by the merchant to SpiralFunds is higher that the amount shown. SpiralFunds reserves the right to change the percentage of the merchants’ referral fees that we give to your specified causes.
18. Less than 100% Allocation to Causes.
In the event that you do not specify your target cause, or you specify less than 100% of your cause allocation, you understand and agree that any monies resulting from your purchases will be presented to United Way International (“Default Target Cause”). We reserve the right to change the Default Target Cause at any time.
19. Third-Party Sites, Products, Services and Links.
The Services may include links or references to other web sites or services solely as a convenience to users. These sites include, but may not be limited to, causes and merchants. SpiralFunds does not endorse any such sites or the information, materials, products, or services contained on or accessible through these sites. When you access a non-SpiralFunds website, you do so at your own risk and SpiralFunds is not responsible for the accuracy or reliability of any information made on these sites or for the quality of any products or services available on such sites. SpiralFunds provides these links merely as a convenience and their inclusion does not imply that SpiralFunds endorses or accepts any responsibility for the content or uses of such websites. We encourage you to be aware of terms of use and privacy policies of any third-party website or service that you visit.
20. Amazon and eBay Purchases.
You understand that Amazon and eBay do not provide their affiliate partners, including SpiralFunds, with information sufficient for us to identify your purchases. You understand and agree that any monies resulting from your purchases on Amazon and eBay will be presented to the “Default Target Cause” defined in Section 18 of these Terms of Use. If you wish to have such monies presented to your selected causes, you agree to forward a copy of your Amazon or eBay invoice to info@spiralfunds.com within 60 days of the transaction, and we will redirect the monies to your specified cause, instead of Default Target Cause.
21. Waiver.
The failure of SpiralFunds to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by SpiralFunds.
22. Alternative Access.
You agree not to access or attempt to access the Services by any means other than the interface provided by SpiralFunds or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
23. Trademarks and Service Marks.
Spiral Funds and SpiralFunds are among the trademarks and/or service marks owned by Spiral Funds, Inc. and no license (either express or implied) is granted by Spiral Funds except as noted herein. This list is not exhaustive, and Spiral Funds may own other trademarks and service marks that are not included here. All other products and company names mentioned in the website may be registered marks or other trade or service marks of their respective owners.
24. Indemnity.
You agree to indemnify and hold SpiralFunds, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against SpiralFunds by any third party due to or arising out of or in connection with your use of the Software or Services.
25. Consent to receive email
As a consumer using the Services, it is important that SpiralFunds be able to communicate with you. You hereby consent to the receipt of all communications from us electronically through the email address that you provide to us in your account information. We reserve the right to terminate your use of the Services if that email becomes invalid.
26. No Spam
You agree that any use of email to potential members of SpiralFunds or using Services available to you through the Software must comply in all respects with these Terms of Use and any and all applicable laws, including the Can Spam Act of 2003.
27. Feedback
Any feedback you provide to SpiralFunds on any matter, including, but not limited to, its website, its Software, and its Services shall be deemed to be non-confidential. SpiralFunds shall be free to use such information on an unrestricted basis.
28. Applicable Law
By visiting www.SpiralFunds.com, or by using the Software and/or Services, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and SpiralFunds.
29. Right to Modify.
SpiralFunds reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Last updated January 21, 2011. Replaces all earlier versions in their entirety.