TERMS OF SERVICE
This Website Agreement ("Agreement") is a valid legal agreement between Spirit of Change ("Publisher") and you, the individual or business entity ordering Publisher's web services ("Services") either via an on-line order form or via Publisher's sales person ("Sign-up Process"). This Agreement governs your purchase and use of Publisher's Services ordered by you during the Sign-up Process.
You must complete the acceptance process below before Publisher will activate the Services. By selecting the "ACCEPT" button below, you agree to be bound by the terms and conditions of this Agreement ("Terms of Service"). Publisher reserves the right to reject this Agreement for any reason prior to acceptance. Activation of the Services will indicate Publisher's acceptance of this Agreement.
Publisher may amend or otherwise modify this Agreement at any time and from time to time without notice. You will be bound by the amended Agreement upon your continued use of the Services after the revised Agreement is posted on Publisher’s website.
1. Services
Subject to these Terms of Service and during the term of this Agreement, Publisher agrees to provide to you the Services you select during the Sign-up Process. Publisher reserves the right to amend its Services offerings and to add, delete, suspend or modify the terms and conditions of the Services, at any time, and to determine whether and when any such changes apply to both existing and future customers.
2. Warranty Disclaimers and Limitations of Liability
2.1 Customer shall indemnify, defend and hold harmless Publisher and its affiliates from and against any claims, causes of action, losses, damages, costs or expenses (collectively, "Claims") arising out of or relating to use by or through Customer of the Services in any way, including any breach of our Acceptable Use Policy.
2.2 You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services or obtain from the Internet.
3. General
3.1 Publisher will be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquakes, hurricanes, tropical storms and depressions, inclement weather, labor disputes and strikes, riots, war and governmental requirements.
3.2 The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to conflicts or choice of laws.
3.3 Publisher's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Publisher in writing.
3.4 This Agreement shall be binding upon and inure to the benefit of Customer, Publisher and Publisher's successors and assigns. Customer may not assign this Agreement without the prior written consent of Publisher, which consent will not be unreasonably withheld or delayed.
3.5 You represent and warrant that, if you are an individual, you are at least 18 years of age, that you have read this Agreement, including Publisher's Terms of Service, and that you agree to be bound by the terms and conditions of the Agreement. You acknowledge and agree that Publisher can and will rely on all representations, warranties, covenants and agreements that you make herein.
3.6 Effective date: this version of the Services Agreement was last updated on February 24, 2022.
