This is the TOS document for the website (spillaneandcompany.com).
Terms of Service
Published: 01 AUG 2013
The user, you, your(s) and client(s) all mean any person(s) or organization(s) that access or attempt to access the services provided by Scott Spillane Sr regardless if provided in person or by way of the website, addressed as (spillaneandcompany.com).
The Terms of Service and TOS both mean this document in its entirety, including all accessible files linked to or attached to this document, available on the website, addressed as (spillaneandcompany.com).
All users and clients, by accessing services offered by Scott Spillane Sr regardless if provided in person or by way of the website, addressed as (spillaneancompany.com), agree to be held in and under contract as to the terms given below, and incorporated herein by reference, to this entire document, TOS, as is given now, in whole, and that said users or clients have read this entire document in whole.
All service offerings are provided directly by Scott Spillane Sr or by a selected Independent Contractor or Vendor providing a specific solution.
The website, addressed as (spillaneandcompany.com), is entirely for the purpose of advertising the specific set of Skills and Services offered by Scott Spillane Sr and in no way denotes that any business enterprise exists under the name of “Spillane and Company” or any other name.
All users or clients must enter into this agreement, as given here in this document, TOS, in order to access any of the services offered directly by Scott Spillane Sr regardless if provided in person or by way of the website, addressed as (spillaneancompany.com).
This document, as the TOS for this website, shall stand as a complete and total replacement to any prior agreement(s) between all users or clients of the services provided by Scott Spillane Sr regardless if provided in person or by way of the website, addressed as (spillaneancompany.com).
There will be no, and there is no established, contract or agreement(s) made between Scott Spillane Sr and you or any such third parties, as referenced herein, other than this document, TOS, and there shall be no oral modifications or amendments to this document, at any time.
All users or clients shall abide by all parts of this document, TOS, at all times or shall cease to have the right to access or use services provided by Scott Spillane Sr regardless if provided in person or by way of the website, addressed as (spillaneancompany.com).
The user or client, in all cases, is responsible for the security of their network(s) and device(s) used to access any and all services provided by Scott Spillane Sr regardless if provided in person or by way of the website, addressed as (spillaneancompany.com).
The content provided to users and clients alike on the website, (spillaneandcompany.com), including the coding and media files, is original content or artwork produced by Scott Spillane Sr solely or the presented author, except for WordPress Themes and WordPress Installations used on the website, both as credited, and in such, remains the property or intellectual property of Scott Spillane Sr or the presented author, in any and all cases.
The domain name “spillaneandcompany.com” and any and all similarly or likely styled references utilizing the same nomenclature with any and all used, as well as, unused subdomain names, and any and all logos or graphical renderings or displays related to the domain name, in any form, are to be known as Service Marks, Trademarks or Trade Dress and Property and Intellectual Property of Scott Spillane Sr and my not be displayed or used in any way, other than in the form of a textual link to the website, by any other parties without prior express written permission.
As a user or client you are permitted to (Download) only those files that are specifically indicated and provided for the purpose of download. These files remain Property or Intellectual Property of Scott Spillane Sr or their respective copyright or licensing holders, in all cases.
All users or clients are responsible for obtaining and maintaining any and all required hardware or software that may be needed to make use of the services provided by Scott Spillane Sr. A quality media player that supports (.mpg, .mov, .wav, .mp3 and others) and a modern and updated browser are required to access many of the offered services.
The content contained within media files provided by Scott Spillane Sr has not been rated by any outside party or content rating organization, however, it is stated that the content is relational to that of content that would be rated as (PG) and that parents or guardians should review all media before accepting and approving it for minors.
The Support Community provided as a FREE Service by Scott Spillane Sr and located at the website, addressed as (ask.spillaneandcompany.com) is to be used by both Clients conducting business with Scott Spillane Sr, and General Community Users alike. All who may utilize the Support Community should conduct themselves in a respectful manner at all times and realize that it is a community generated service and should be use likewise. With these facts understood it is hereby stated that Scott Spillane Sr is not responsible for the postings of others to the Support Community Service, however, when possible content found to be inappropriate will be removed.
This document, TOS, constitutes the entire and sole agreement between Scott Spillane Sr and all users or clients of the services offered.
In the event that any portion of this document, TOS, is found to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to be representative of the original intentions of all parties referenced herein, and the remaining portion of this document shall remain in full force and effect, in all cases.
This document, TOS, is established under the governance of the laws of the United States of America and the laws of the state of Georgia, USA and is set in place without regard to the conflict of law rules of this or any other jurisdiction or of any other court comprised of people for the purpose of sitting in judgment over such a people and without any regard to the United Nations Convention on Contracts for the International Sale of Goods, the application here of such is, now and hereby, expressly excluded.
All clients should be aware that when any business is conducted between you and Scott Spillane Sr you are receiving only a Service and that any Physical Products that may be utilized in the course of providing this Service to you and are in no way, whatsoever, Products or Goods produced by Scott Spillane Sr, however, are a Product of the individual respective manufacturer of the device.
All clients that obtain any Physical Products, during the course of a Business Transaction with Scott Spillane Sr, are only receiving these items as a portion of the Service being provided to them and should also be aware that Scott Spillane Sr is not a retailer of Physical Products, however, specified Physical Product Acquisition Arrangements can be made on your behalf.
All clients that do obtain Physical Products, during the course of any Business Transaction with Scott Spillane Sr, should be completely aware that Scott Spillane Sr does not warrant or guarantee any such products and that any issue that may arise with such products should be addressed to the manufacture, directly.
The prices shown on the website, addressed as (spillaneandcompany.com), are strictly suggestive of what the financial costs for the service(s) will be and may not be the actual price that is paid for the service(s) at such time that a Business Transaction does take place.
The full and completed payment for any service(s) is required prior to the commencement of any work that you have requested. There are, and will be, no exceptions regarding payment for work to be preformed.
When work has been completed, by preforming the specific service(s) that you requested, that was made available to you by Scott Spillane Sr, no other work will be done with regards to this specific request unless you have either a Service Guarantee Issue or you have exercised an option to obtain from Scott Spillane Sr a Continued Maintenance Agreement prior to the occurrence of any issue, that you may now have.
All potential clients are required to be completely prepared to conduct any business with Scott Spillane Sr, including having all necessary (graphics files, media files, text copy, equipment availability scheduled and license documentation) that may be required to preform the work that you are seeking. Should you, as a client, fail to be completely prepared to conduct business all business may be considered completed, as well as, any and all monies paid by you forfeited.