Terms & Conditions

1. Eligibility

a. Minimum Age

You must be at least 18 years old, if you are under 18 then you must have a parent or guardian consent to register for Service and legally permitted to use the App in any location. We may request ID for age verification and will remove underaged users without parental or guardian consent when a User notifies SPiN or has identified such an instance itself. By using the App without consent, you represent and warrant that you are at least 18 years old and by your jurisdictional law are eligible to use the App.

b. Profile Information

The App requires your completion of a Profile. All profiles must be truthful and accurate.

c. Criminal Background & Background Checks

By requesting to use, registering to use, and/or using the Service, you represent and warrant that you have never been convicted of a felony (or other indictable offense) and/or are not required to register as a sex offender with any government entity. We do not conduct criminal background checks on Users. However, to the extent permissible by applicable law, SPiN reserves the right in its sole discretion to conduct any criminal background checks, at any time and using available public records, to confirm compliance with these Terms. By agreeing to these Terms, you hereby authorize any such check if it is legally permissible in your jurisdiction.

d. Exclusive Use & Account Sharing

Using an Account other than your own or sharing your Account with any other person is strictly prohibited. You acknowledge that SPiN is not responsible for third-party access to your account that results from theft or misappropriation of your usernames and passwords.

e. Account Removal

To remove your Account, simply navigate to the 'Settings' section after signing in and select the 'Account Delete' option. The deletion of your Account is instantaneous, but please note that a short period may be required to delete your information (as detailed further on) from the App. We handle your profile details as specified within our Privacy Policy.

f. App Administration

Our App administrators deploy automated tools, feedback from users, and employees to oversee accounts and content for any violations of these Terms. We hold the exclusive right to deactivate or suspend any User, limit access to the App, or implement any available measures; operational, technological, or legal in order to uphold the Terms, which may include blocking certain IP addresses. We reserve the right to take action at any moment, without any obligation and without prior notification. This is not limited by the preceding statements and is subject to the laws in your state of residence. We explicitly maintain the authority to end or suspend you as a User without notice for the following reasons: (1) if you breach these Terms; (2) based on your behavior within the App or with other App users, or even your actions outside the App, should we be legally required or solely judge them to be inappropriate or improper; (3) for any other reason we consider justifiable for termination, all at our sole discretion. In the event that you as a User are terminated or suspended, you acknowledge that you are not entitled to refunds for any Service or features you have paid for. If you think an error has been made regarding your Account, as specified, you have the option to appeal through the App.

2. Use of App

As a User of the Service, this includes but not limited to the Free Subscription (unpaid use of App) and paid Premium Subscription (paid use of App), you agree to the following:

a. Free Subscription

Registering for a trial of the Service is complimentary. Upon registration (requiring a phone number and/or email with a password), you'll be prompted to fill out your general profile, preferences. These results help SPiN to connect you with Users.

b. Premium Subscription

Opting for a Premium Subscription enhances your experience with an expanded selection of features beyond those offered in the Free Subscription.

c. Information Submission Responsibility

Within legal bounds, you bear full responsibility and liability for (i) the information and content you contribute to the Service; (ii) the information and content you disseminate, transmit, publish, or otherwise make available through the Service; and (iii) your interactions with other users on the platform. You assure that all information you supply to SPiN via the Service will be honest, precise, and complete, and provided solely for legitimate reasons. Our Privacy Policy outlines the specifics of how SPiN may utilize any personal information you submit or share.

d. Using Precautions & Assumptions of Risk

By choosing to use our Service, you acknowledge and accept the inherent risks associated with both online and offline interactions with other Users. It is your responsibility to be aware of these risks and to approach any meetings or communications with caution. You are expected to implement all appropriate and best practice safety measures when arranging to meet individuals you have connected with through our Service.

e. Violation Reporting

You will promptly report to SPiN any violation of the Terms by other Users. This can be done so via the reporting mechanisms in the App.

f. Geographic Usage

The Service is designed for Users in the United States. SPiN may, at its discretion, choose to discontinue or withhold the Service in any location. When using the Service, you agree to comply with this Agreement and all applicable laws and regulations, both local and international, including U.S. export control laws. Your use of the Service implies that you are not listed by the U.S. government as a prohibited individual, nor are you in a country under U.S. embargo. The Service is not available where it is illegal, and it is your responsibility to ensure that your use of the Service complies with laws in your area.

g. Content Oversight & Removal Authority

SPiN maintains the authority, though not the obligation, to oversee the content you provide to the Service or disseminate in publicly accessible areas of the Service. SPiN possesses the sole discretionary right to eliminate any content that, in its independent and sole judgment, may contravene any pertinent laws or our Terms, Policies, standards, or that may be requested for removal by a third party.

h. Ensuring Compliance & Service Quality

In our commitment to ensuring adherence to legal standards and the integrity of our Terms, SPiN may remove content that is deemed in violation of our Terms and Policies.

i. Accuracy of Information

As a User of SPiN, you are obligated to provide information that is accurate, truthful, and not misleading to both SPiN and other Users. Should any information you have supplied to SPiN or shared with another user become outdated or change in a way that renders it inaccurate, misleading, or false, it is your responsibility to inform SPiN of these changes without delay.

j. Prohibition of Commercial Activities

You are prohibited from using our Service to market or solicit sales of products or services to any User. This includes a ban on sending chain letters, junk mail, spam, or any other type of unsolicited commercial messages to other users. Moreover, you must not exploit any information acquired from the Services to contact, market, solicit, or sell to any user without obtaining their explicit prior consent. Should you violate this Policy by disseminating unsolicited bulk emails, "spam," or any other unauthorized communications through the Service, you accept that you will have inflicted significant damage upon SPiN. In such cases, your account is subject to termination, and you may be held financially liable to SPiN for the repercussions of your actions.

k. Authenticity & Purposeful Use

As a registered user of the Service, you are required to create at least one single profile.

l. Quality Assurance Measures

SPiN occasionally may generate test profiles to monitor and optimize the functionality of the Service, ensuring a seamless user experience.

m. Respectful Interaction Policy

As a user of SPiN, it is imperative that you engage with SPiN employees, contractors and agents in a respectful and courteous manner. Harassment, annoyance, intimidation, or threats directed towards SPiN staff or agents are strictly prohibited. These individuals are dedicated to delivering a portion of the Service to you, and it is essential that they are able to perform their duties without fear of mistreatment or hostility.

n. Commitment to a Safe Work Environment

SPiN is committed to creating a safe and positive work environment for all its employees, contractors and agents. Any behavior that undermines this commitment will not be tolerated. Users found to be engaging in such conduct may face consequences, including suspension or termination of their access to the Service.

o. Social Media Connection

SPiN offers the convenience of linking your account with various social networking sites, such as Facebook, Instagram or LinkedIn to streamline login processes, share content, and activate specific functionalities within our Service. Upon activating this linkage, we'll inform you about the data we retrieve from your social media profile, which will be handled according to our Privacy Policy. By integrating your SPiN and social media accounts, you agree to our ongoing access to your social media information. We will not transfer any details from your SPiN account to social networks without notifying you first. Social networks provide their own privacy settings to manage your data visibility, and our data collection will respect these settings and your permissions. Please note, the features and data sharing aspects of this integration may evolve, reflecting enhancements made by us or the social networks, and will adhere to this term and the respective social network's usage policies.

p. Protection of Proprietary Information

SPiN recognizes certain information and documents as proprietary trade secrets, as defined by the Uniform Trade Secrets Act as of September 16, 2015. This includes, but is not limited to: (i) all source code, data, and configuration files related to our Service; (ii) all financial details of SPiN and its affiliated entities; and (iii) all strategic plans for the Service. By agreeing to this Term, you acknowledge the unique value of this information, stemming from its exclusivity and confidentiality, and our efforts to safeguard it. You commit to not disclosing, using, or allowing others to use these trade secrets without our explicit written permission. Furthermore, you agree to refrain from any actions or aiding others in actions that would reveal any source code, algorithm calculations, compromise any security measures, or decrypt any protected content associated with our Service. This includes any attempt to reverse engineer or interfere with the integrity of our Service, data, or the servers hosting them.

q. Content Usage Restrictions

When interacting with the Service you are prohibited from replicating any part of the content offered, whether in full or segments, through any means such as copying, caching, or framing. This policy extends to assisting others in such activities. The only exception to this rule is when you have obtained explicit permission through a formal written contract authorized by SPiN. This agreement ensures that the integrity and exclusivity of the content provided by SPiN are maintained, preventing unauthorized distribution or duplication. By adhering to this policy, you help uphold the value and uniqueness of the content within our ecosystem.

r. Platform Conduct

SPiN is dedicated to creating a respectful and secure environment. The following actions are strictly prohibited within our Service:

• Hate Speech and Violence: No content that promotes hatred or violence against any group or individual.
• Harassment and Intimidation: No threatening, bullying, or distressing others.
• Defamation and Obscenity: No publishing false, slanderous, or explicit material.
• Intellectual Property Violations: No sharing of copyrighted material such as music or videos without proper authorization.
• Privacy Breaches: No distribution of personal media without consent.
• Illegal Activities: No encouragement or facilitation of unlawful acts.
• Deception and Fraud: No misleading others or impersonating entities to deceive.
• Malicious Software: No spreading of viruses or harmful software such as ransomware and spyware.
• Trolling and Phishing or similar activities: No engaging in actions intended to provoke or harm others.
• Political and Religious Solicitation: No campaigning or recruitment for political or religious groups.
• Personal Information Misuse: No sharing or collecting personal details without consent.
• Disruptive Behavior: No off-topic or nonsensical contributions.
• Impersonation: No false representation of identity or affiliation.
• Prohibited Commerce: No gambling or unauthorized trading activities.
• Automated Access: No use of bots or scripts or other similar technology.
• Spam: No sending of unsolicited bulk messages or engaging in spamming activities.
• Child Safety: No collecting information from minors, those under 18 years of age.

By using our Service, you agree to these policies to help maintain a constructive environment for all Users. Violations may lead to restricted access or removal from the platform.

3. Platform Content

a. Platform Policy Acknowledgment

By utilizing our App, you acknowledge and agree to adhere to the Platform Policy outlined in these Terms. These policies dictate acceptable content and behavior within and outside our App. Please note that the Platform Policy may be revised periodically without prior notice.

b. Content & Conduct Restrictions

While we encourage our Users to express themselves freely through their Profiles on SPiN, we must enforce certain restrictions to maintain a safe and respectful environment. The following content is prohibited:

• Content not related to Sports
• Content that is illegal or promotes illegal activities.
• Material that could harm minors.
• Defamatory or libelous statements.
• Content that infringes upon any third party's rights, including intellectual property and privacy rights.
• Media depicting individuals without their consent.
• Offensive language or imagery, or content that could harass, upset, embarrass, alarm, or annoy others.
• Obscene, pornographic, or violent content that may violate human dignity.
• Abusive, insulting, or threatening content, or any material that fosters racism, sexism, hatred, or bigotry.
• Commercial-related content, such as sales, competitions, advertising, external links, or premium phone numbers.
• Sending unsolicited "junk" mail, "spam," or promoting financial gain.
• Impersonation, deception, scams, or any inauthentic behavior.
• Software or code that contains harmful components designed to disrupt or damage software, hardware, or telecommunications; or any material intended to interfere with or expropriate data or personal information, whether from SPiN or elsewhere.

Please be aware that any violation of these policies may result in action taken against your account. We appreciate your cooperation in keeping our Service a welcoming and safe platform for all.

4. Proprietary Ownership Rights

a. Proprietary Information & Ownership

You hereby acknowledge and agree that SPiN is the owner or licensee of highly valuable proprietary information accessible on or through the Service, including without limitation, App designs, Company and User data, any algorithm, profiles, (collectively known as "Confidential Information"). SPiN owns and hereby retains all proprietary rights in the Service, including but not limited to, all Confidential Information.

b. Prohibition on Unauthorized Use of Confidential Information

As a User of the Service, you are strictly prohibited from publicly posting, replicating, altering, transmitting, revealing, displaying, creating derivative works from, disseminating, commercially exploiting, or reproducing in any manner the following:

i. Confidential Information: This refers to the proprietary details that are exclusive to SPiN, including but not limited to our algorithms and User profiles as outlined within this Policy.

ii. Other Proprietary Material: This encompasses any copyrighted content, trademarks, or other proprietary information that you may access through the Service.

Any such actions must be preceded by securing express written permission from the rightful owner of the proprietary rights. This clause is designed to protect the intellectual property that is integral to the Service and to prevent the dilution or unauthorized use of the Confidential Information and other proprietary materials. Violation of this provision could lead to legal consequences and the termination of your access to the Service. It is imperative that all Users respect the intellectual property rights of SPiN and third parties, as unauthorized use undermines the integrity and value of the Service and the proprietary materials it contains.

c. Respecting Intellectual Property

When using the Service, you agree not to copy, change, or share any content from SPiN or other Users for any personal or commercial purpose, without permission. This includes any copyrighted, confidential or proprietary information you find on the Service.

d. Grant of License for User-Generated Content

By submitting, posting, or displaying content on or through the Service, or by making such content accessible to SPiN by linking your account to any of your social networking accounts, you hereby grant to SPiN, and affirm that you have all necessary rights to grant to SPiN, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, publish, translate, distribute, perform, display, and create derivative works from such content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license agreements and applicable privacy and data protection laws. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the aforementioned license to SPiN. You also represent and warrant that the content does not infringe any third-party rights, including but not limited to copyright, trademark, and privacy rights.

5. User Information

a. Privacy Statement

You hereby acknowledge that SPiN reserves the right to transfer your personal data to its affiliate companies, as well as to third-party service providers tasked with certain aspects of the Service. By registering for and utilizing the Service, you explicitly consent to such transfer and handling of your personal information. For comprehensive details regarding the collection, usage, and potential dissemination of your provided information and materials, please refer to our Privacy Policy. Your continued engagement with the Service constitutes your agreement to the terms outlined in our Privacy Policy.

b. Mandatory Disclosure Statement

By using our Service, you recognize that we may share the information you provide as outlined in our Privacy Policy. This may occur when legally mandated, upon third-party requests, or if we deem it necessary to: (1) adhere to legal obligations, law enforcement directives, or judicial procedures; (2) safeguard the rights or property of ourselves or others; or (3) ensure the well-being and safety of individuals, particularly in situations where there is a risk of harm or violence.

c. Supportive Disclosure Policy

In alignment with our Privacy Policy and our Terms, we hold the right and sole discretion to share certain information you provide through the Service. This action is taken with the utmost care and is not obligatory. It occurs only in instances where SPiN reasonably believes that the information may relate to a person suffering from abuse, which can manifest in various forms such as elder abuse, child abuse, spousal abuse, partner abuse, neglect, or domestic violence. We may disclose this information to appropriate authorities, as deemed suitable by SPiN and in compliance with legal requirements, to ensure the protection of abuse victims. Such authorities may include law enforcement agencies, child protection agencies, or court officials. By using our Service, you understand and agree to the potential of such sensitive disclosures.

d. Use of User Information for Research

By using the Service, you agree to allow SPiN to use the information from you, including your experiences through the App and Service to continue our research into successful sports relationships and to improve the Service. This research, conducted by parties chosen by SPiN in its sole discretion, may be published in digital or print, online or elsewhere. However, your responses and information will be anonymous, and we will not publish such research results containing your personal identifying information ("PII"). Your continued engagement with the Service constitutes your agreement to the terms outlined in our Privacy Policy.

6. Third-Party Links & Advertiser Relations

The inclusion of any link does not imply that SPiN endorses or accepts any responsibility for the content on such third-party website . While SPiN may advertise and include links to third-party sites without limitation, we don't control or endorse these external sites. We're not liable for their content, nor the changes they may undergo at any time. Any dealings with advertisers or sponsors you encounter via our Service—including transactions, data sharing, and participation in promotions are your responsibility. SPiN isn't accountable for losses or damages arising from these interactions. By using our Service, you acknowledge this boundary of our responsibility. For details on how we handle personal data, please review our Privacy Policy.

7. Disclaimer of Warranties & Conditions

a. No Warranties or Conditions

SPiN offers the Service "as is" and "as available," without any form of warranty. We expressly reject all warranties, be they explicit, implied, statutory, or otherwise, including but not limited to warranties of non-infringement. We do not guarantee that the Service will be secure, error-free, uninterrupted, always accessible, or free from viruses or other harmful elements, nor that it will meet your needs, or that any service defects will be corrected. We also disclaim any liability regarding the Service's connectivity and availability. You recognize that no software or website is completely secure or immune to third-party security breaches or cyber attacks, and we do not claim that our Service is exempt from such risks.

b. Third-Party Content

Content provided through the Service but not by SPiN itself is the sole responsibility of the Users, as authors. Such content should not be taken as reliable without verification on the part of other Users. SPiN does not guarantee the accuracy, completeness, or usefulness of any third-party information accessed via the Service, nor do we endorse or assume responsibility for the reliability of any third-party opinions or advice. We are not liable for any loss, injury or damage resulting from reliance on information or content posted on the Service or transmitted by Users.

c. New Features

From time to time, SPiN may offer new features or tools ("beta tests") with which its users may experiment on the Service. Such features or tools are offered solely for experimental purposes and without any representation, warranty or conditions of any kind, and may be modified or discontinued at our sole discretion. The provisions of this Disclaimer of Warranties and Conditions section apply with full force to such features or tools.

8. Indemnification Policy

a. Indemnification Obligation

You agree to indemnify and hold harmless SPiN, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns (collectively referred to as "Indemnified Parties") to the fullest extent allowed by law. This indemnification covers any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, that arise from:

• Your use or inability to use the Service
• Any content you post on the Service
• Your breach of the Terms or infringement of any third-party rights
• Your violation of any laws or regulations However, this does not apply if the claim results from our illegal or negligent actions. SPiN may take over the defense of any claim at its expense and you agree to cooperate with SPiN in defending against such claims. You may not settle any claim affecting an Indemnified Party without their prior written consent.

b. Release of Liability

To the maximum extent permitted by applicable law, you release all Indemnified Parties from any damages, losses, liabilities, costs, and expenses of any kind, whether direct or indirect, known or unknown, that stem from disputes with third parties regarding the Service or this agreement.

9. Limitation of Liability

a. Damages & Total Liability

In accordance with the law, SPiN shall not be held responsible for any form of damages, including but not limited to direct, indirect, general, specific, compensatory, consequential, punitive, exemplary, or incidental damages that arise from using or the inability to use the Service. This encompasses data loss or corruption, service interruptions, and the need to obtain alternative services, regardless of whether SPiN is aware of the potential for such damages. The total liability of SPiN, for any claim arising from tour Terms or Service use, shall not exceed the amount you have paid for your account as a User, or if no purchase has been made, a maximum of USD $20.00 or its equivalent.

b. Liability for Actions Beyond Our Control

SPiN will not be liable for any damages, whether they be punitive, exemplary, direct, indirect, general, specific, compensatory, consequential, or incidental, that result from your actions or those of others in connection with the Service use. This includes, but is not limited to, bodily harm, death, emotional distress, or any damages resulting from interactions or meetings with other Users of the Service. This also covers any harm caused by users who have registered falsely or who seek to defraud or harm you.

c. Verification of Information

SPiN may attempt to verify the information provided by users through various methods, but these are not infallible. You acknowledge that SPiN is not liable for any issues arising from inaccurately verified information.

10. Terms Acceptance & Termination

The effectiveness of these Terms commences when you utilize the Service, indicating your agreement. These Terms persist indefinitely unless terminated as provided herein.

Your User account may be terminated by either you or SPiN at any time, with or without cause, and without the necessity an explanation. SPiN retains the sole authority to suspend or terminate your access to the Service immediately, without prior any notice, for any or no specified reason. Additionally, we may delete your account details or data from our Service and other records upon the termination of your account and/or Service access, subject to local jurisdictional laws. Should your Service access be suspended due to a significant violation of these Terms, you acknowledge that any fees you have paid to SPiN are nonrefundable. Account termination can be executed through the App Stores. In instances where your Service usage is terminated due to breaching our Terms, SPiN may, at our sole discretion or as mandated by law, notify other Users whom you have interacted with, in order to safeguard our other Users.

11. Cancellation Policy

You may discontinue your Premium Subscription at any point during the term without eligibility for a refund. Cancellation can be executed through your device settings, and further guidance can be found in your device, on your device manual or device company website. Typically, the paid subscription ceases at the conclusion of the paid subscription period, and no reimbursement is provided for any remaining time. To avoid automatic renewal, cancellation must occur within the App Stores. The App Stores are responsible for managing specific terms relevant to your jurisdiction or State, including but not limited to, requests for subscription cancellations. It is important to note that refunds for purchases made through the App Stores are beyond our capacity to process.

12. Complaints & Law Enforcement Inquiries

If you have a complaint about the Service, please reach out to us through our Site or App. Law enforcement authorities are advised to direct their official communications, including subpoenas, court orders, and warrants, to SPiN via the Site.

13. Governing Law & Jurisdiction

The Policies and Terms outlined herein are subject to and construed in accordance with the laws of the State of New Jersey, notwithstanding any conflict of law provisions. Your use of the Service constitutes your binding acceptance of these Terms, which are governed by the Federal Arbitration Act to the exclusion of state law inconsistent therewith.

a. Venue for Legal Proceedings

Should any disputes arise requiring arbitration, or if there is a need to challenge the validity or applicability of these arbitration provisions, such proceedings must be initiated in the appropriate federal or state courts located within Delaware. This stipulation is intended to ensure that any legal actions or proceedings are conducted under the jurisdiction most closely associated with the Terms provided.

b. Arbitration Agreement

By agreeing to these Terms, you affirm your consent to resolve any disputes through final and binding arbitration, as stipulated by the Federal Arbitration Act. This includes any motion to compel arbitration or to contest the enforceability or interpretation of the arbitration clause contained within these Terms.

14. Arbitration Agreement, Class Action Waiver, & Jury Trial Waiver

Carefully review these Terms as they establish that all disputes ("Disputes") between you and SPiN will be settled through binding arbitration, which supersedes the right to a court trial. Without these Terms, you might have the right to bring claims in court before a judge or jury or to join or be represented in lawsuits filed by others, including class actions. By accepting these Terms, you forgo the right to court litigation and the chance to be heard by a judge or jury. Arbitration does not involve a judge or jury, and the review of an arbitration decision by a court is restricted. The arbitrator is bound by these Terms and can grant the same damages and relief as a court (including legal fees, subject to applicable law).

For this section, "SPiN" refers to Sports Profile Network Inc., its parent companies, affiliates, and their respective officers, directors, employees, and agents. Any dispute, claim, or controversy between you and SPiN concerning any aspect of your relationship with SPiN, whether based on contract, law, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, negligence, gross negligence, or reckless conduct), or any other comparable legal theory, and including the validity, enforceability, or scope of this section (except for the enforceability of the Class Action Waiver clause). All "Disputes" are to be interpreted in the broadest manner enforceable.

You and SPiN mutually agree that all "Disputes," as previously defined, whether currently existing or based on past or future actions or omissions, shall be resolved solely and conclusively by binding arbitration rather than in court, in line with this Term,

a. Pre-Arbitration Process

Before starting arbitration for any Disputes, both parties must try to resolve the issue amicably. If you have a Dispute, you should inform us via certified mail with your contact details, a description of the issue, what you want as a resolution, and your signature. If we can't resolve the dispute within 60 days, you can request arbitration. Similarly, we will notify you via email if we have a dispute and will proceed to arbitration if it's not resolved within 60 days. During this period, both parties are free to discuss directly to try and settle the dispute.

b. Arbitration Process Overview

If a Dispute remains unresolved, you or SPiN may initiate arbitration. The American Arbitration Association (AAA) will oversee the arbitration, which will be conducted by a sole arbitrator. The arbitration will proceed on an individual basis and not as part of any class or collective action. The arbitrator has the authority to resolve all matters, including the interpretation of these Terms.

i. Arbitration Rules Based on Dispute Amount

• For disputes amounting to less than $75,000, the AAA's Consumer Arbitration Rules will be applied.
• For disputes totaling $75,000 or more, the AAA's Commercial Arbitration Rules will govern.
• In both scenarios, the AAA's Optional Rules for Emergency Measures of Protection are applicable.

ii. Exclusion of Class Actions At no point will arbitration proceed on a class action basis.

iii. Governing Law The Federal Arbitration Act governs all disputes related to interstate commerce. The arbitrator will apply the relevant substantive law in a manner that is consistent with this act, including any applicable statutes of limitations or conditions precedent to filing a lawsuit.

iv. Unavailability: In the event that an arbitrator is unable to preside over a Dispute, the parties involved shall jointly request a list of five potential arbitrators from the American Arbitration Association. Upon receiving this list, each party will alternately strike names until one arbitrator remains to conduct the arbitration proceedings. If both parties can't agree on an alternative arbitrator, they will request a state or federal court in New Jersey to appoint one who can manage the arbitration according to the similar rules and terms as AAA, including handling multiple cases at once if needed.

c. Arbitration Decision

The arbitrator can grant any legally permitted remedy to those directly involved in the arbitration. They cannot grant remedies affecting anyone who isn't part of the arbitration. The arbitrator will document their decision in writing, but they don't have to explain their reasoning unless asked. This decision is definitive and enforceable, subject to any appeals allowed by the Federal Arbitration Act, and can be upheld in any court with the proper authority.

d. Arbitration Venue

Arbitration will take place in New Jersey, or another place if the rules say so or if everyone agrees. Parties can join by phone or video call, just like being there in person, unless the arbitrator says otherwise.

e. Payment of Arbitration Fees & Costs

The party starting the arbitration must pay the initial filing fees. Both parties are responsible for other fees as the rules say, unless the arbitrator finds the claims have no merit. If that happens, the party that made the claim must pay back the other party's costs. The arbitrator might also ask the claimant's lawyers to cover these costs. If the claim is found to be without basis, the claimant or their lawyers might have to pay additional fees or penalties according to the law. If you can't afford the fees and can't get them waived, and if the arbitration can't go ahead without payment, SPiN will cover the filing fees for you.

f. Class Action Waiver

You and SPiN agree that the arbitrator can't combine different claims into one or handle any group lawsuits unless you both write and agree to it after starting arbitration.

g. Limitation of Rights

By choosing arbitration, you give up the right to go to court and have a judge or jury decide your case. This means you also give up certain legal rights, like appealing the decision or discovery information

h. Severability

If any part of these arbitration terms is not allowed, only that part will be removed, and the rest will still apply. If the parts about not allowing group lawsuits are not allowed, then the whole arbitration agreement won't apply, and a court will handle the dispute.

i. Mass Filing

If 25 or more similar arbitration requests are made against us or by us within 60 days, special rules apply:

i. Acknowledgment: If these requests count as a Mass Filing, they follow extra steps. If there's a disagreement about whether it's a Mass Filing, the arbitration group decides. Any legal time limits are paused until the main cases are decided.

ii. Initial Cases: Out of all the cases, 10 will be chosen (5 by each side) to go first. Only these cases will move forward at first, and only their fees need to be paid. The rest wait their turn.

iii. Global Mediation: After the first 10 cases are done, we'll try to settle all the remaining cases together. We won't move forward with the rest until we try to settle or the time runs out.

iv. Rules Application: If the Arbitrator (Arbitration Group) or AAA) doesn't think it's a Mass Filing but their rules say it is, then the arbitration Mass Filing rules apply.

j. Enforcement Rights for Terms Violation

Should there be a violation of these Terms, SPiN may suffer significant harm for which monetary damages would be insufficient. Consequently, we are entitled to seek injunctive relief in a federal or state court of law, in the State of Delaware, including but not limited to immediate restraining orders and preliminary or permanent injunctions, without the requirement of posting a bond or other security. This right to seek judicial protection operates in addition to any other legal remedies SPiN may have under the circumstances for a breach of these Terms.

k. Continuation

These arbitration terms will still apply even if your agreement with SPiN ends or you stop using the Service.

15. General Provision

The omission, whether deliberate or accidental, by SPiN to assert or implement any right or clause of these Terms shall not be construed as a relinquishment of such right or clause by the Company. In the event that any segment of these Terms is deemed unenforceable or invalid, such determination shall not affect the validity and enforceability of the remaining provisions, which shall persist in full force and effect.

16. Communication & Privacy Policy

All interactions within the Service must adhere to our comprehensive Terms and Policies. We reserve the right to use the email linked to your account for sending updates, special promotions, or notices regarding any due payments. Additionally, we may reach out to you via phone to discuss matters related to the Service. Should you prefer not to receive specific emails or phone calls (this includes any mobile numbers provided), you are encouraged to consult our Privacy Policy for available options.

17. Aggregating Features

SPiN provides the service of aggregating all of your data from different sports related sites, apps and/or management tools ("Aggregating Features"). By submitting information, data, passwords, usernames, PINs, credentials, other log-in information, materials and other content to SPiN through our Aggregating Features, you're expressly directing us to use that content, and licensing that content to SPiN for the purpose of providing our Aggregating Features. SPiN may use and store the content in accordance with this Agreement and our Privacy Policy.

You represent that you're entitled and authorized to disclose and submit that content to SPiN for use for this purpose, without any obligation by SPiN to pay any fees or be subject to any restrictions or limitations. By using the Aggregating Features, you expressly authorize SPiN to access your Account Information maintained by identified third parties, on your behalf as your agent.

When you use the "Add Accounts" of the Aggregating Features, you'll be directly connected to the website for the third party you've identified. SPiN will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit SPiN to use and store information submitted by you to accomplish the foregoing, and to configure the Aggregating Features so that it's compatible with the third-party sites for which you submit your information.

For purposes of this Agreement, and solely to provide the Account Information to you as part of the Aggregating Features, you grant SPiN a limited power of attorney, and appoint SPiN as your attorney-in-fact and agent, to access third-party sites, retrieve and use your information with the full power and authority to do so, and perform each thing necessary in connection with such activities, as you could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN SPIN IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD-PARTY SITES, SPIN IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE.

You understand and agree that the Aggregating Features aren't sponsored or endorsed by any third parties accessible through the Aggregating Features. SPiN isn't responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.

Revision Date: This policy was last revised January 2025.