Spinwheel User Agreement
Last Updated : February 23, 2023
Spinwheel Terms of Service
These Terms of Service set forth a legal agreement (the “Agreement” or “User Agreement”) between you (“you” or “your”) and Spinwheel Solutions, Inc., its parent companies, subsidiaries, affiliates, divisions, contractors, and all data sources and suppliers (all of which are referred to herein as “Spinwheel,” “we,” or “us”) regarding your use of the Web sites and/or Spinwheel technology platform (collectively, the “Services”) offered, operated or made available by Spinwheel, on behalf of a Spinwheel Platform Partner that has partnered with Spinwheel to make the Services available to you, including communications to you in connection with the Services, (each a, “Spinwheel Partner”). Please read the following information carefully before using the Services. By using the Services, you agree to these terms and conditions. If you do not agree to these terms and conditions, please do not use the Services.
SPINWHEEL IS A FINANCIAL TECHNOLOGY COMPANY AND NOT A BANK OR FINANCIAL INSTITUTION. ANY BANK OR ACCOUNT SERVICES PROVIDED IN CONNECTION WITH THE SPINWHEEL SERVICES ARE PROVIDED BY ONE OR MORE SPINWHEEL PARTNERS AND MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO SUCH PARTNER. YOU CAN FIND A LIST OF OUR CURRENT BANK AND PROCESSOR PARTNERS AND COPIES OF APPLICABLE TERMS ON OUR WEB SITE LOCATED HERE.
INFORMATION AND PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED ‘AS IS’ WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL SPINWHEEL BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF SPINWHEEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES.
IN NO EVENT WILLL SPINWHEEL WARRANT OR GUARANTY THE CORRECTNESS, COMPREHENSIVENESS, COMPLETENESS, ACCURACY, TIMELINESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OF ANY INFORMATION, PRODUCTS, OR SERVICES.
The information, products, and services provided by Spinwheel may include technical inaccuracies or typographical errors.
Amendment of Legal Terms & Conditions
Spinwheel has the right to change, modify or add to the terms and conditions governing the Services, or any part thereof. Such changes, modifications, additions or deletions aisle be effective immediately upon notice thereof, which may be given by any means including posting on this site or by other electronic or conventional means. You agree to review this page periodically to be aware of any such changes, modifications, additions or deletions to the terms and conditions stated herein. Your continued use of the Services after such notice has been given shall be deemed to constitute acceptance of the changes, modifications, additions or deletions.
Additional Terms. Certain sections or pages on this website or the Services may contain additional terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Without limiting the generality of the foregoing statement, any dispute relating to a Spinwheel product or service shall be subject to resolution in accordance with the Dispute Resolution section below. Spinwheel works hard to offer you products and services that it believes to be useful and reliable; however, Spinwheel does not provide, endorse, or guarantee unaffiliated third party products, services, or information nor does it guarantee their accuracy. Spinwheel is not liable for any third party’s failure with regard to such advertised products, services, and information.
Links to Other Web Sites:
For purposes of convenience, Spinwheel’s Services contains links to third party Web sites. Spinwheel makes no representations or warranties about any third party Web site that you may access through the links.
Under no circumstances will Spinwheel be liable in any way for any content or materials of any third parties (including users), including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Spinwheel does not pre-screen content from third parties, but that Spinwheel and our designees will have the right (but not obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Spinwheel and our designees will have the right to remove any content that violates this Agreement or is deemed by Spinwheel, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Spinwheel and Spinwheel products referenced in the Services are either trademarks, service marks or registered trademarks of Spinwheel or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any Spinwheel trademark may be made by any third party without express written consent of Spinwheel.
© Spinwheel, Inc. 2023. All rights reserved. No part of Spinwheel’s Web site or Services may be reproduced, modified, or distributed in any form or manner without the prior written permission of Spinwheel, Inc.
Elements of Spinwheel Services are protected by trade dress, trademark, unfair competition, and other laws and may not be copied in whole or in part. No logo, graphic, or image from the Services may be copied or retransmitted without Spinwheel’s express written permission.
Use of Services; Updates
You may not use the Services in any manner that may impair, overburden, damage, disable, or otherwise compromise (i) the Services; (ii) any other party’s use and enjoyment of the Services; or (iii) the services and products of any third parties including, without limitation, any device through which you access the Services (the “Authorized Device”). You agree to comply with all applicable laws and regulations governing the downloading, installation, and/or use of the Services, including, without limitation, any usage rules set forth in the online application store terms of service.
From time to time, we may automatically provide updates for the Services (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug- ins, and new versions of the Services. Your use of the Services and Updates will be governed by this Agreement. We reserve the right to temporarily disable or permanently discontinue any and all functionality of the Service at any time without notice and with no liability to you.
The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country were such distribution or use would be contrary to local law or regulation.
The Services are intended for use by End Users who are eighteen (18) years or older and who are legal residents of the U.S., by visa or otherwise. BY ACCESSING, BROWSING OR OTHERWISE USING THE SERVICES, YOU REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE AND ARE A LEGAL RESIDENT OF THE UNITED STATES.
We make no representation or warranties that the information, products or services provided through the Services are appropriate for access or use in other jurisdictions. Notwithstanding the foregoing, we reserve the right to limit availability of the Services or the provision of any Services to any person, geographic area, or jurisdiction, including within the United States, at any time and in our sole discretion.
Certain Services may only be available in some states in the United States. You may not use or export or re-export any portion of the Services in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations. We make no representation that the documents, pages, images, or other materials or content within the Services are appropriate or available for use in jurisdictions outside the United States.
The Services are not directed at children under the age of thirteen (13) years old. We do not knowingly collect personal information from children under thirteen years old from the Services.
We cannot always force or anticipate technical or other difficulties which may result in failure to obtain or loss of data, personalization settings, or other Service interruptions. We cannot assume liability for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. For example, when displayed through the Services, account information is only as fresh as the time shown, which reflects when the information is obtained from Spinwheel Partners. Such information may be more up-to-date when obtained directly from the relevant Spinwheel Partner. You can refresh your account information through the Services, in the manner prescribed in associated instructions.
Use of Information and Materials. The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Spinwheel’s websites, Services, including but not limited to unauthorized entry into Spinwheel’s systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all Services are available in all geographic areas. Your eligibility for particular Services is subject to final determination by Spinwheel and/or its affiliates.
Spinwheel is a financial technology platform that helps customers better manage their financial decisions by giving them access to information and tools related to debt management, including re-financing, new financing, existing liabilities, and one-time or recurring payments. Spinwheel Services help customers manage one-time and recurring payments to loan or other debt providers as well as existing liabilities (e.g., bill payment). Spinwheel Services also include a comparison service that helps customers evaluate certain third party financial products and services.
One-time and Recurring Payments
The Services enable you or a third party to make payments on loan or bill-pay obligations via an external bank account linked through the Services. Spinwheel partners with one or more partner banks to make the Services available to you. By using the Services, you direct us to transfer information and instructions provided by you or your authorized representatives to the partner bank, in order to allow the partner bank to make all necessary arrangements and transactions to perform the payment services, or the amounts you provide to partner bank, to pay your lender and until this Agreement terminates. Where applicable, in the event that the minimum payment amounts that you owe on your payment obligations change, you instruct the partner bank, through the Services, to change the withdrawal amounts in order to meet the new minimum payment amounts.
NOTWITHSTANDING ANY OTHER PROVISIONS OF THESE TERMS OF SERVICE, WE ARE SOLELY PROVIDING YOUR INFORMATION TO BANKS ON A PASS-THROUGH BASIS. THE PARTNER BANK IS SOLELY AUTHORIZED TO HOLD YOUR FUNDS AND TO INITIATE OR EXECUTE TRANSACTIONS, PAYMENTS AND TRANSFERS ON YOUR BEHALF. AT NO TIME WILL WE RECEIVE, CONTROL OR HOLD YOUR FUNDS, CONSTRUCTIVELY OR OTHERWISE.
By using the Services, you further authorize us and our bank partner to (i) obtain information regarding your loan/bank account from your lenders, banks, billers, partners, or service providers; (ii) release information regarding your loan/bank account(s) as needed to make a transaction, comply with governmental reporting obligations, legal processes or court orders, or when investigating a loss involving our partner bank and another financial institution. This information may be obtained at any time during this Agreement, and any such information obtained may be utilized by us to provide the Services. This information may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. Credit checks will be performed via “soft pull” and will not affect your credit score. See more below in the section ‘Use of Consumer Credit Information’ regarding credit checks and soft credit pulls.
An estimated term reduction or savings does not include the impact of transaction fees and is only an estimate. Actual term reduction may vary. We do not guarantee term reductions and make no representations that the Services will result in savings on your loan or other debt obligation(s).
Loan Information and Comparison Decision Service
The Services may include an independent comparison service provider that allows you to obtain general information, including but not limited to, the ability to find third party financial providers for certain financial request services and products. The Services are designed to provide consumers with information about various lenders, issuers, financial institutions, non-bank financial institutions, and/or financial services providers and a lending marketplace through the Services’ content and tools. Such information, content and tools are provided as part of the Services but is not a lending institution or other financially related service provider itself. Any product or service offered or related transaction to which you are a party as a result of your use of the Services is solely transacted between you and the applicable service provider and is not part of the Services. We do not issue loans, credit cards, or any other financial products nor do we act as an agent or advisor to you or any financial provider. Third party financial request providers are solely responsible for any services they may provide you.
All rate, fees, and terms are presented without guarantee and are subject to change pursuant to each provider’s discretion and may not be available in all states or for all types of loans. There is no guarantee that you will be approved or qualify for the advertised rates, fees, or terms presented. We do not guarantee acceptance into any particular program or specific terms or conditions with any financial provider—approval standards are established and maintained solely by financial providers. We do not guarantee that the rates offered include the lowest rates available in the market or the rate that will ultimately be charged. The comparative Services do not include all lending companies or all available lending offers that may be available to you.
Use of Consumer Credit Information
Spinwheel is not a credit reporting agency or a credit repair company. We do not and will not undertake any credit repair on your behalf. To the extent we offer you any suggestion regarding improving your credit scores or any simulation of your credit score based upon assumptions, such information is for your education and consideration, and is not intended to be financial advice. We are not offering to sell, provide, or perform any service to you for the express or implied purpose of improving your credit record, credit history, or credit rating, or providing advice or assistance to you with regard to improving your credit record, credit history, or credit rating. You acknowledge and agree that you are not seeking to purchase, use, or access any of the Services in order to do so.
No Legal, Tax or Financial Advice
Neither Spinwheel nor the Services are intended to provide legal, tax or financial advice. We are not a financial planner, broker, or tax advisor. The Services are intended only to assist you in your financial organization and decision-making and is broad in scope. Your financial situation is unique, and any information and advice obtained through the Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisors who are fully aware of your unique circumstances.
You hereby authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity and/or authenticate your identity and account information. This may include asking you for further information and/or documentation about your identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number, or financial instruments, and verifying your information against third party databases or through other sources.
Electronic Notice Disclosure, Consent and Delivery of Products
By providing Spinwheel with your email address, you are providing your affirmative consent to receive emails from Spinwheel and Spinwheel Partner(s) in order to receive security, privacy and administrative notices and other communications.
Affirmative Consent. When you use a product or service to which this Consent applies, you are providing your affirmative consent that we may provide you with any Notice in electronic format, and that we may discontinue sending paper Notices to you, unless and until you withdraw your consent as described below. We may also use electronic signatures and obtain them from you as part of our transaction with you. You must have an email address and are obligated to update the email address on file when your email address changes. In the event that you 1) fail to update your email address on file with Spinwheel; or, if applicable 2) fail to provide your affirmative consent to receive email from us, and thus We are unable to deliver email messages to you, you nonetheless understand and agree that the Services will be fulfilled as agreed upon at the time you placed your order. Acceptance of this consent is not a condition of establishing any business relationship or engaging in any transaction. If you would like to use the Services without consenting to receive notices electronically, please contact us at email@example.com.
Withdrawal of Consent to Electronic Notices. You may withdraw your consent to receive Notices electronically at any time by contacting us at firstname.lastname@example.org. Any withdrawal of your consent will be effective only after we have had a reasonable period of time to act upon your withdrawal. Any withdrawal of your consent to receive electronic communications will not affect the legal validity, enforceability, and binding effect of any Notice you received, electronic or otherwise, before the effective date of the withdrawal of your consent. Even if you choose to withdraw your consent to receive notices electronically, the Services will continue and the Services will remain available whether you again provide affirmative consent to receive emails or not.
By using the Services, you agree that communications regarding security, privacy and administrative issues relating to your use of the Services will be provided to you electronically through the Spinwheel Partner. You may have a legal right to receive certain notices in the event of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at email@example.com.
Text Messages. When you use the Services and provide us with a telephone number for a cellular phone or other wireless device, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of using the Services. Consent to receiving SMS text Notifications includes autodialed and pre-recorded, non-marketing, service-related text messages from or on behalf of Spinwheel and Spinwheel Partner(s) at the phone number provided. Spinwheel will send you news and updates, including recommendations to help make the most of your Spinwheel account(s) and access select Spinwheel features. Message frequency varies.
By providing us with a telephone number for a cellular phone or other wireless device and opting into promotional messages, you consent to receive autodialed and pre-recorded text messages from or on behalf of Spinwheel at the number provided for marketing or promotional purposes. Message frequency varies. You understand that consent to marketing-related messages is not a condition of using the Services. To stop receiving marketing-related messages, you may reply STOP to any marketing-related text message you receive from Spinwheel. After you text “STOP” to us, we will send you a text to confirm that you have been unsubscribed from such marketing or promotional text messages. Thereafter, you will no longer receive marketing or promotional text messages from Spinwheel. If you are experiencing issues with the messaging program, you can reply with the keyword “HELP” for more assistance, or you can get help directly at firstname.lastname@example.org. Standard message and data rates apply to both non-marketing and marketing-related messages.
Push Notifications. By agreeing to this Agreement, you agree to receive push notifications from us. You can opt out of receiving push notifications through your device settings. Please note that opting out of push notifications may impact your use of the Services.
Rights You Grant Spinwheel
- GRANT SPINWHEEL A LIMITED POWER OF ATTORNEY FOR THE FOLLOWING EXPRESS PURPOSES:
- CONSENT AND DIRECT SPINWHEEL TO ACT ON YOUR BEHALF AS YOUR AGENT TO COMPLETE PAYMENTS ON YOUR LOAN SERVICE PROVIDER ACCOUNT, INCLUDING THROUGH ADDITION OF THE DEVELOPER AS AN AUTHORIZED PAYOR ON YOUR LOAN SERVICE PROVIDER ACCOUNT, AND USING YOUR FINANCIAL ACCOUNT IN ACCORDANCE WITH YOUR INSTRUCTIONS;
- CONSENT AND AUTHORIZE SPINWHEEL TO ACT ON YOUR BEHALF AS YOUR AGENT TO INSTRUCT YOUR LOAN SERVICE PROVIDER TO PROCESS AND ORIGINATE ELECTRONIC ACH DEBITS AND CREDITS IN ACCORDANCE WITH YOUR INSTRUCTIONS TO A DEVELOPER;
- CONSENT AND AUTHORIZE SPINWHEEL TO RETRIEVE ON YOUR BEHALF AS YOUR AGENT YOUR ACCOUNT TRANSACTION HISTORY, BALANCE INFORMATION, AND/OR INFORMATION MAINTAINED BY YOUR LOAN SERVICE PROVIDER OR FINANCIAL ACCOUNT PROVIDER (FINANCIAL PRODUCT AND SERVICE PROVIDERS) IN ACCORDANCE WITH YOUR DEVELOPER’S OFFERINGS. IN CONNECTION WITH THIS RETRIEVAL YOU EXPRESSLY AUTHORIZE YOUR FINANCIAL PRODUCT AND SERVICE PROVIDERS TO DISCLOSE YOUR INFORMATION TO US.
THIS LIMITED POWER OF ATTORNEY SHALL REMAIN IN EFFECT UNTIL THE EARLIER OF: 1) YOUR WITHDRAWAL OF CONSENT; OR 2) FOR AS LONG AS NECESSARY FOR SPINWHEEL TO PROVIDE ITS SERVICES TO DEVELOPER(S).
- YOU ACKNOWLEDGE THAT SPINWHEEL DOES NOT REVEIW AND IS NOT RESPONSIBLE FOR THE INFORMATION FROM YOUR FINANCIAL PRODUCT AND SERVICES PROVIDERS, RATHER, YOU ACKNOWLEDGE THAT SUCH INFORMATION SPINWHEEL MOSE RECENTLY ACCESSED MAY NOT REFLECT PENDING TRANSACTIONS OR OTHER RECENT ACTIVITY.
Submissions. All information submitted to Spinwheel via the Services shall be deemed and remain the property of Spinwheel, and Spinwheel shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to the Spinwheel websites or Service provides Spinwheel through the Services. Spinwheel shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by Spinwheel or as otherwise specifically required by law.
By using the Services, you agree not to: (a) breach this User Agreement or any other agreement between you and Spinwheel or violate any Spinwheel policy; (b) access or use any part of the Services for any non-personal, commercial purpose; (c) access or use the Services for any illegal purpose or violate any law, statute, ordinance, or regulation; (d) attempt to gain unauthorized access to any other user’s account; (e) modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services; (f) access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights; or (g) provide false, inaccurate or misleading information; (h) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (i) modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or (j) copy, distribute, transfer, sell or license all or part of the Services; (k) transfer the Service to, or use the Service on, a device other than the Authorized Device; (l) intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (m) take any action to circumvent, compromise or defeat any security measures implemented in the Services; (n) use the Services to access, copy, transfer, retransmit or transcode information, Spinwheel logos, marks, names or designs or any other content in violation of any law or third party rights; or (o) remove, obscure, or alter Spinwheel’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.
Termination and Effect of Termination
Without limiting other remedies, Spinwheel may immediately terminate or suspend your access to and/or use of the Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers, in the event that you breach this User Agreement. Notwithstanding the foregoing, we also reserve the right to terminate, limit or suspend your access to or use of the Services at any time and for any reason or no reason. You may terminate acceptance of this User Agreement at any time by notifying us via the Spinwheel Partner. If you fail to comply with any provision of this User Agreement, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately delete the Service from the Authorized Device.
You agree to protect and fully compensate Spinwheel and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Services, your violation of this User Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL SPINWHEEL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES RESULTING FROM OR IN ANYWAY ARISING IN CONNECTION WITH YOUR ACCESS TO, USE, OR INABILITY TO USE, THE SERVICEES OR ANY LINKED SITE (IF APPLICABLE), EVEN IF SPINWHEEL HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE LIMITATION OR EXCLUSION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS; FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATIONS ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW. IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED UPON SPINWHEEL, THEN YOU AGREE THAT SPINWHEEL’S TOTAL LIABILITY TO YOU FOR ANY OR AL OF YOUR LOSSES OR INJURIES FROM SPINWHEEL’S ACTS OR OMISSIONS, REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE CLAIM, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO SPINWHEEL FOR ACCESS TO AND USE OF SPINWHEEL’S SERVICES.
Except as otherwise required by applicable law, the User Agreement and the resolution of any disputes under Section 20 (“Dispute Resolution”) below, shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles.
The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this User Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in this User Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of this User Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER’S SATISFACTION BY CONTACTING SPINWHEEL’S CUSTOMER SUPPORT DEPARTMENT AT SUPPORT@SPINWHEEL.IO. IN THE UNLIKELY EVENT THAT SPINWHEEL’S CUSTOMER SUPPORT DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE TO YOUR SATISFACTION (OR IF SPINWHEEL HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. IN ARBITRATION, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY.
- Any claim, dispute, or controversy, arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement; claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement (“Claim”), no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
- A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Spinwheel should be addressed to: Spinwheel Solutions, Inc. Attn: Notices, 490 43rd St. Unit 24, Oakland, CA 94609 (“Notice Address”). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from Spinwheel (“Demand”). If Spinwheel and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Spinwheel may commence an arbitration proceeding. During arbitration, the amount of any settlement offer made by Spinwheel or you shall not be disclosed to the arbitrator until after the arbitrator determined the amount, if any, to which you or Spinwheel is entitled. You may obtain more information about arbitration from www.adr.org
- After Spinwheel receives Notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. The arbitration will be governed by the Consumer Arbitration Rules (“Rules) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or Agreement is void or voidable.
- The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
- Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR SPINWHEEL WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR SPINWHEEL WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
Spinwheel will pay the initial filing fee to commence the arbitration.
You and Spinwheel will have every remedy available in arbitration as you and Spinwheel would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of this User Agreement shall be made finally and exclusively by the arbitrator. The arbitrator’s award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This arbitration provision shall survive: (i) the termination of this User Agreement; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your account, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE SERVICES.
This document is the confidential information of Spinwheel Solutions, Inc. and may not be used, copied, or disclosed except with express prior written consent.