Terms of Service

OVERVIEW This website is owned and operated by Spots Initiatives. Spots Initiatives is a service by CREATION ASSETS, INC. Throughout the site, the terms “we”, “us” and “our” refer to Spots Initiatives. Spots Initiatives offers this website and all websites in our network, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. You understand that Spots Initiatives is NOT a marketing service. All sales are a direct reflection of my own promotion efforts.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The Spots Initiatives Terms of Service requires all Vendor Account owners to be at least 18 years of age.

SECTION 1 – ONLINE STORE TERMS  By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS  We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.  The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION  We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.  This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES  Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)  Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Terms of Service. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. The sale or re-sale of alcohol, tobacco and illegal substances are strictly prohibited on the Spots Initiatives platform. Listings may not promote medical and healthcare products and services, including medical devices, or smoking cessation products containing nicotine. Listings may not promote the buying or selling of weapons, ammunition, and explosives. Violation of this policy could lead to your Vendor Account & Storefront being restricted or disabled. As a Vendor on Spots Initiatives, you confirm and maintain the full ownership and complete rights to sell your products and services through the website.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION  We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS  We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.  You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.  Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).  We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS  Certain content, products and services available via our Service may include materials from third-parties.  Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS  If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION  Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS  Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES  In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. All purchases must be processed on Spots Initiatives, and products may not be linked to external websites. For this reason, we do not allow MLM and/or third party accounts or checkout options. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

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

SECTION 14 - LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

SECTION 15 – INDEMNIFICATION  You agree to indemnify, defend and hold harmless Spots Initiatives and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 16 – SEVERABILITY  In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION  The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.  These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.  If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Spots Initiatives reserves the right to cancel/deactivate/delete a Vendor Account at any time deemed necessary.

SECTION 18 – ENTIRE AGREEMENT  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – GOVERNING LAW  These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 20 – CHANGES TO TERMS OF SERVICE  You can review the most current version of the Terms of Service at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION  Questions about the Terms of Service should be sent to us here.

SECTION 22 – SHIPPING  All Vendors are expected to fulfill & ship purchased products to the highest standards. Shipping fees will be included in deposits made into your connected Stripe Account. Spots Initiatives does not fulfill or ship products.

SECTION 23 – CUSTOMER SERVICE  All Vendors are expected to support all customers generated through Spots Initiatives to the highest standards. Spots Initiatives provides the platforms for Vendors to sell on, and does not participate in Customer-to-Vendor service issues.

SECTION 24 - TAX REPORTING  Sales Tax will be generated during the checkout process, according to the personal preference set by each Vendor, and tax amounts will be included in deposits made into your connected Stripe Account. It is solely the responsibility of the Vendor to pay all sales tax required. When you sell on Spots Initiatives, you are responsible for complying with all applicable tax laws. Vendors are responsible for paying all fees and taxes associated with using Spots Initiatives as a Spots Initiatives Vendor. Your tax-related responsibilities may include: Paying sales tax on Spots Initiatives sales, Paying income tax on Spots Initiatives sales, Tax reporting, etc.

SECTION 25 - MARKETPLACE PURCHASE REFUNDS  All product refunds are to be requested and supported by the Vendor/Owner of the Storefront that sold the item. Spots Initiatives does not facilitate or handle refund requests. To request a purchase refund, please contact the Vendor that you purchased the item(s) from. If a Vendor needs to refund a purchase, they will do so via their personal Stripe Dashboard. Funds will be deducted from the Vendor's Stripe Account Balance. If funds are insufficient, Stripe will debit funds from the Vendor's connected bank account. Click here to view Stripe Terms.

SECTION 26 - EXCHANGES All product exchanges are to be requested and supported by the Vendor/Owner of the Storefront that sold the item. Spots Initiatives does not facilitate or handle exchange requests. To request a product exchange, please contact the Vendor that you purchased the item(s) from.

SECTION 27 - DAMAGES & ISSUES  Please inspect your order upon reception and contact the Vendor that sold the item immediately if the item is defective, damaged or if you receive the wrong item, so that they can evaluate the issue and make it right.

SECTION 28 - MONTHLY VENDOR PLAN & GIFT CERTIFICATE REFUNDS  By confirming and processing your Monthly Vendor Membership Subscription, you allow Spots Initiatives to charge your card for this payment and future payments. If you choose to upgrade to VIP, our team will adjust and process your new monthly membership in 1-2 business days, to the full monthly cost of $149.99. If you choose to downgrade from VIP to Standard Vendor, our team will adjust and process your new monthly membership in 1-2 business days, to your original monthly membership cost. Vendors requesting a downgrade from VIP to Standard Vendor that joined Spots Initiatives in 2022 and beyond, will be downgraded to their new monthly membership cost in 1-2 business days. Vendors requesting a downgrade from VIP to Standard Vendor that joined Spots Initiatives before 2022 will be downgraded to their original monthly membership cost in 1-2 business days. Charity/Nonprofit Vendors requesting a downgrade from VIP back to Charity/Nonprofit will be downgraded to their original monthly membership cost in 1-2 business days.

Spots Initiatives Monthly Vendor Plans are non-refundable, but can be canceled any time by requesting to do so via your Vendor Dashboard. If you submit a cancellation request, your Vendor Account will be removed from Spots Initiatives within 1-2 business days. No refunds will be made for early account cancellation. If your monthly membership processes during this cancellation period, we will generate a full refund for you. If your initial Vendor Account Submission is declined by Spots Initiatives, you will be refunded for your payment. Unfortunately, we also cannot accept returns/refunds on gift certificates.

SECTION 29 - EMAIL MARKETING PROGRAM  If you choose to participate in our email marketing program, you grant Spots Initiatives full permission to send email marketing to your provided contacts list, in an effort to promote your Spots Initiatives Storefront, your active products, and the Spots Initiatives Website Platform as a whole. This optional marketing service is fully included with your Monthly Vendor Membership Subscription. Spots Initiatives will not share your information and will only use it for Spots Initiatives marketing purposes.

SECTION 30 - WARRANTIES AND LIMITATION OF LIABILITY
Items you purchase. You understand that Spots Initiatives does not manufacture, store, or inspect any of the items sold through our services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Spots Initiatives cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Spots Initiatives from any claims related to items sold through our services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

SECTION 31 - ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

SECTION 32 - INTELLECTUAL PROPERTY RIGHTS
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • [Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.]
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

SECTION 33 - TRADEMARKS
The Company name, the terms [COMPANY TRADEMARKS], [the Company logo,] and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

SECTION 34 - GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the State of Illinois in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

SECTION 35 - 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 Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

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 federal courts of the United States or the courts of the State of Illinois , in each case located in the County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 36 - ARBITRATION
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Illinois law.

SECTION 37 - LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

SECTION 38 - YOUR COMMENTS AND CONCERNS
This website is operated by Spots Initiatives / 2475 Dickens Drive / Aurora, IL / 60503.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be sent here.

ADDITIONAL

Content you access. You may come across materials that you find offensive or inappropriate while using our services. We make no representations concerning any content posted by users through the services. Spots Initiatives is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the services. You release us from all liability relating to that content.

People you interact with. You can use the services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.

Third-party services. Our services may contain links to third-party websites or services that we don’t own or control (for example, links to facebook, twitter, and pinterest). You may also need to use a third party’s product or service in order to use some of our services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Spots Initiatives is not a party to those agreements; they are solely between you and the third party.

Gift certificates and promotions. You acknowledge that Spots Initiatives does not make any warranties with respect to your gift certificate balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a gift certificate or gift certificate code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your gift certificate if your gift certificate or gift certificate code has been reported lost or stolen, or if we believe your gift certificate balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your gift certificate code stops working, your only remedy is for us to issue you a replacement gift certificate code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

Warranties. Spots Initiatives is dedicated to making our services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.

We do not guarantee that: (I) the services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the services will be free of viruses or other harmful materials; or (iv) the results of using the services will meet your expectations. You use the services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

Liability limits. To the fullest extent permitted by law, neither Spots Initiatives, nor our employees or owners shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the services or these terms. In no event shall Spots Initiatives' aggregate liability for any damages exceed the greater of one hundred ($100) us dollars (usd) or the amount you paid Spots Initiatives in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.

Originality. Vendors agree that any service or product sold on Spots Initiatives is the original work, authorship, and creative expression of the Vendor. Vendors represent and warrant that they will not bring in, incorporate, or appropriate any patent, copyright, trade secret, or confidential information belonging to others. Vendors further represent and warrant that they will not use any trade secret, copyrighted works, patents, or any confidential information belonging to others.

You can always contact us here with questions.

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].

THE SPOTS JUNIOR PROGRAM

We take registration & participation in the Spots Junior Vendor Program very seriously. You MUST read the Spots Junior Vendor Minors Privacy Policy (shown below), and abide by all terms. Any failure to do so will result in a complete cancellation of your account.

SPOTS JUNIOR VENDOR MINORS PRIVACY POLICY

These Terms of Use require all ACCOUNT OWNERS to be at least 18 years of age. Individuals under the age of 18 are considered minors on Spots Junior. Minors under age 13 are not allowed to join or sell on Spots Junior, or any online marketplace in the Spots Initiatives network.

Minors under 18 and at least 13 years of age are permitted to use Spots Junior's services only if they have the appropriate permission and direct supervision of their parent or legal guardian who is the OWNER OF THE ACCOUNT.

You are responsible for any and all account activity conducted by a minor on your account. You may wish to use commercially-available parental control protections, such as computer hardware, software, or filtering services, in order to limit access to various material online that may be inappropriate for minors. Click here for more details.

The following restrictions are in place for legal reasons, not because we think kids or teens are any less creative or capable.

Accounts on Spots Junior

All minors over 13, both buyers and sellers, must follow these policies on Spots Junior:

  • Minors may not make purchases unless they have appropriate permission and are under the direct supervision of their parent or legal guardian who owns the account. 
  • All financial information on the account, such as a credit card or connected Stripe account, must be that of the parent or legal guardian. 

Selling on Spots Junior

Minors over 13 who wish to sell on Spots Junior must follow some additional policies:

  • Use the About Section to disclose all members of the shop, including the parent or legal guardian who owns the account. 
  • Parent must send a copy of their State Issued Driver’s License to Spots Junior, for verification purposes only.
  • All billing information must belong to the parent or legal guardian responsible for the account.
  • The parent or legal guardian must register for Stripe (in order to sell and receive funds) using their personal information.

Last Modified: June 1st, 2022