Date: September 7, 2017
Welcome to the online services operated by Loggerhead LLC (“LGH”). Loggerhead LLC provides our
family of online services, including mobile device applications, as a service to our customers (“Site(s)”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS ONLINE SERVICE. THEY GOVERN YOUR USE OF THE ONLINE SERVICE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE ONLINE SERVICE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms. LGH may change, edit, modify, delete, revise, or update the Terms from time to time without notice, and your use of this Site after any changes, edits, modifications, deletions, revisions, or updates posted to the Site constitutes your agreement to comply with the posted Terms.
Additional terms and conditions may apply to other LGH services, such as third-party service provider
agreements, or rules for sweepstakes and contests, purchases, services or other online activities (“Other
Services”). Similarly, additional terms may also cover access to certain content or software accessible
through the LGH websites or [Apple iOS, Google Android, or Microsoft Windows-powered devices]. Such “additional” terms and conditions will be disclosed to you in connection with such Other Services. All Additional terms that are in addition to these Terms and, in the event of a conflict, will prevail over these Terms. If you access LGH content using an Apple iOS, Google Android or Microsoft Windows-
powered device, you agree that your access to the LGH Services using these devices also shall be subject to the usage terms set forth in the applicable third-party terms of service.
ALL DISPUTES BETWEEN YOU AND LGH MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
LGH may immediately terminate this agreement with you (including your access to the LGH Sites) if you
breach any provision of these Terms.
The trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”)
displayed on this Site or App are the registered and/or unregistered Trademarks of LGH, and such third
parties that may own the displayed Trademarks. Nothing contained on this Site or in the Terms serves to
grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this
Site or App without the written permission of LGH or such third party that may own the displayed
3. Site Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, characters, animation, application
functionality, chat transcripts, or any other digital media, and their arrangement on this Site (“Content”)
are all subject to patent, copyright, trademark and other intellectual property protection. Content may
not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted
to other websites. Access to use of this Site is solely for your purchase of LGH products for personal use,
information, education, entertainment, and communication with LGH. You may download, copy or print
the Content of this Site for your personal non-commercial use only. No right, title or interest in any of
the Content of this Site is transferred to you as a result of any accessing, downloading, copying, printing
or use of this Site. All LGH character(s), related items, and accounts created or used in or on any LGH
Site are and shall remain the property of LGH or its licensors and cannot be sold, licensed, assigned,
transferred or loaned to third-parties.
4. Third-Party Links.
Third-party links on this Site may direct you to third-party websites that are not affiliated with LGH that
may be located in different countries, and those websites and the products sold on those websites are
likely to be subject to the originating country’s regulatory or product safety requirements. Further,
information that you share or provide via third-party websites will be subject to different privacy policies
services, resources, content, or any other transactions (“Third-Party Products”) 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.
5. Prohibited Uses.
In addition to other prohibitions as set forth in the Terms, 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, national, or local 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 this Site or App, other websites,
or the Internet; (h) to collect or track the personal information of others; (i) to spam, mail bomb, phish,
track, pharm, pretext, spider, crawl, use cheat codes or programs, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of this Site or App, other
websites, apps or the Internet, including without limitation, password protected accounts or access. We
reserve the right to terminate your use of the Site for violating any of the prohibited uses.
LGH retains the right, but not the obligation, to log, modify, monitor, post, remove, review, screen,
store, and track (“Compliance Investigations”) Submissions or communications sent through LGH
services, at any time and for any reason, including to ensure that the Submissions or communication
conform to these Terms. These Compliance Investigations may take place without prior notice to you.
LGH is not responsible for, and does not endorse or guarantee, the opinions, views, advice or
recommendations posted or sent by users.
6. Site Updates.
LGH undertakes no obligation to update, amend or clarify information on this Site, including without
limitation, pricing information, except as required by law. No specified update or refresh date applied on
this Site should be taken to indicate that all information on the Site has been modified or updated.
Please remember when reviewing information on this Site that such information may not represent the
complete information available on a subject. In addition, subsequent events or changes in circumstances
may cause existing information on this Site to become inaccurate or incomplete.
On occasion, information on this Site may contain errors, including, without limitation, typographical
errors, inaccuracies, or omissions related to product availability, special offers, product promotions,
pricing information, product descriptions, or product shipping charges and transit times. LGH reserves
the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to
change or update information or cancel orders if any information on the Site is inaccurate (including
after you have submitted your order).
7. Product and Pricing Information.
This Site, Content, product information, and any products sold through the Site into permitted
jurisdictions are intended to comply with U.S. laws and regulations. Some products cannot be shipped to
certain jurisdictions. If you are a non-U.S.-based user, be advised that other countries may have laws,
regulatory requirements, and product safety requirements that are different than those in the U.S.
LGH reserves the right, but is not obligated, to limit the sales of its 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 any time without notice at the sole discretion of LGH. LGH
reserves the right to discontinue any product at any time. Any offer for any product or service made on
this Site is void where prohibited.
Customers can cancel their order within twenty four hours of placing the order. Once this window has
expired, orders cannot be cancelled. We must process orders quickly in order to ensure a timely
delivery. We apologize in advance that your order cannot be cancelled after the twenty four hour
9. Refunds and Returns.
Returns from www.spinnercapz.com will only be accepted for 15 days from purchase date. Returned
items must be new, unassembled, and unused in their original packaging. The customer order number
must be included on the return shipping label.
Refunds are only issued for the purchase price of the item(s) returned and any applicable sales tax in the
original form of payment used to purchase the item. Customer is responsible for any return shipping
charges. Shipping charges for both delivery and returns are not refundable, this includes item(s)
purchased on Free Shipping offers.
To arrange to return your item please submit your request via our Contact Us page. This process is only
valid with direct sales from the Loggerhead LLC via www.spinnercapz.com website. LGH does not accept
returns of products from other retailers.
10. Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT LGH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF LGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LGH TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SITE EXCEED TEN DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LGH,
ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU AGREE TO INDEMNIFY AND HOLD LGH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND
AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES,
INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR BREACH OF THE
The Terms will remain in effect until you notify us that you no longer wish to use the Site, or you cease
using the Site. Notwithstanding anything in this Terms to the contrary, the parties understand and agree
that all terms and conditions of the Terms that may require continued performance, compliance, or
effect beyond the termination date of this Terms will survive termination of the Terms and will be
enforceable by the parties, including but not limited to Sections 2, 3, 8, 15, 16, 17 and 19. LGH may also
terminate the Terms at any time and may do so immediately without notice, and accordingly deny you
access to this Site or APP, if in LGH’ sole discretion, you fail to comply with any term or provision of the
Terms. Upon any termination of the Terms by either you or LGH, you must promptly destroy all
materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether
made under the Terms or otherwise.
14. Arbitration; Choice of Law and Forum; Electronic Communications.
BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION TO BE HEARD AND ADJUDICATED BY ONE ARBITRATOR TO BE MUTUALLY CHOSEN BY YOU AND LGH. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN THE COUNTY OF LOS ANGELES, CALIFORNIA, AND CLAIMS REGARDING THE JUDGMENT OF THE ARBITRATOR (INCLUDING ENTRY OF JUDGMENT ON THE ARBITRATION AWARD) MAY BE BROUGHT AND SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE COUNTY OF LOS ANGELES, CALIFORNIA.
For all other claims, these Terms will be governed and construed in accordance with the laws of the
State of Ohio, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating
to this Site or Terms that may be referred to a court of law, you submit to exclusive personal jurisdiction
and venue of the courts located in Cuyahoga County, Ohio.
15. Notices and Electronic Communications.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you by e-mail or by
posting notices on this Site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal requirement that such
communications be in writing.
16. Privacy Statement.
LGH is committed to protecting the privacy of the visitors to this Site. For information on how
information is collected, used, or disclosed by LGH in connection with your use of this Site, please
17. No other Agreements.
By agreeing to the Terms, you represent that you are at least the age of majority in your place of
residence, or that you are the age of majority in your place of residence and you have given LGH your
consent to allow any of your minor dependents to use this Site or App. The provisions and conditions of
the Terms constitute the entire agreement between you and LGH related to the use of the Site and
supersedes any prior agreements or understandings not incorporated in the Terms. The Terms are
effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes
your acceptance of the Terms after the Effective Date.