TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2018.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Darren Fisher Consulting DBA SPEARity™, also known as SPEARity™, located at 9450 N Fairway Dr, Milwaukee, Wisconsin 53217 and our subsidiaries and affiliates, in association with the use of the SPEARity™ website, which includes app.spearity.com, (the “Site”) and its Services, which shall be defined below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a questionnaire website web application which has the following description: The SPEARity™ web application is a SAAS. Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Darren Fisher Consulting DBA SPEARity™. At its discretion, Darren Fisher Consulting DBA SPEARity™ may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Darren Fisher Consulting DBA SPEARity™ does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Darren Fisher Consulting DBA SPEARity™ shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Darren Fisher Consulting DBA SPEARity™ shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

REGISTRATION

To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving SPEARity™’s Services under the laws and statutes of the United States or other applicable jurisdiction.

When you register, SPEARity™ may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with SPEARity™ and sign in to our Services, you are no longer anonymous to us.

Furthermore, the registering parity hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Darren Fisher Consulting DBA SPEARity™ will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such reuse any and all current or future use of Darren Fisher Consulting DBA SPEARity™ Services, or any portion thereof.

It is Darren Fisher Consulting DBA SPEARity™’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the SPEARity™ website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the “family” account. As the creator of the “family” account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

ONLINE PRIVACY POLICY

AGREEMENT

Darren Fisher Consulting, LLC DBA  SPEARity™, ( SPEARity™), is committed to keeping any and all personal information collected of those individuals that visit our website and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with Darren Fisher Consulting, LLC DBA SPEARity™ of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.

THEREFORE, this Privacy Policy Agreement shall apply to Darren Fisher Consulting, LLC DBA SPEARity™, and thus it shall govern any and all data collection and usage thereof. Through the use of www. SPEARity™.com you are herein consenting to the following data procedures expressed within this agreement.

Collection of Information

This website collects various types of information, such as:

  • Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
  • Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.

Please rest assured that this site shall only collect personal information that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.

We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.

It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.

Use of Information Collected

Darren Fisher Consulting, LLC DBA SPEARity™ may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www. SPEARity™.com . Darren Fisher Consulting, LLC DBA SPEARity™ may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Darren Fisher Consulting, LLC DBA  SPEARity™ does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties.

Darren Fisher Consulting, LLC DBA SPEARity™ may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.

Darren Fisher Consulting, LLC DBA SPEARity™ may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:

  • Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon Darren Fisher Consulting, LLC DBA SPEARity™ and/or our website;
  • Maintain, safeguard and/or preserve all the rights and/or property of Darren Fisher Consulting, LLC DBA SPEARity™; and
  • Perform under demanding conditions in an effort to safeguard the personal safety of users of www. SPEARity™.com and/or the general public.

Under Age of 13

Darren Fisher Consulting, LLC DBA SPEARity™ does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission.

Unsubscribe or Opt-Out

All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to unsubscribe@ SPEARity™.com. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt-out.

Links to Other Websites

Our website does contain links to affiliate and other websites. Darren Fisher Consulting, LLC DBA SPEARity™ does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.

Security

Darren Fisher Consulting, LLC DBA  SPEARity™ shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.

Changes to Privacy Policy Agreement

Darren Fisher Consulting, LLC DBA SPEARity™ reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepage at www. SPEARity™.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time Darren Fisher Consulting, LLC DBA SPEARity™ decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.

Acceptance of Terms

Through the use of this we site, you are hereby accepting the terms and conditions stipulated within the aforementioned Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you are in agreement and acceptance of such changes.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: info@spearity.com

Telephone Number: (414) 265-5755

Mailing Address:

Darren Fisher Consulting, LLC DBA SPEARity™

9450 N Fairway Drive

Milwaukee, WI 53217