Terms of Service Agreement; Privacy and Cookie Policy

Terms of Service Agreement

By using the website of Spearhead Global (“Spearhead Global”, “We,” “Us,” “Our”), located at www.spearheadglobal.com (“Website”), which uses shall include, but not be limited to, visiting or accessing, utilizing any of the Website’s functions, forms, services, or any other features of the Website (collectively “Website Uses”), You (as defined below) agree to be bound by the terms and conditions of this Terms of Services Agreement (“Terms of Service”).  CAREFULLY READ THESE TERMS OF SERVICE BEFORE USING OUR WEBSITE. If You do not agree to the Terms of Service, You are prohibited from visiting Our Website and from all Website Uses.

The term “You” (or “Your”) as used herein means any person (including without limitation any natural person or entity) engaging in any Website Uses, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of Website content.

The Terms of Service include all of the terms and conditions set forth below, including but not limited to the Privacy and Cookie Policy set forth below which is integrated into and made part of these Terms of Service by reference.

1. Changes to Terms of Service

Any new features or tools which are added to the current Website shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes on Our Website at any time, without notice. It is Your responsibility to check the Website for any changes.  Your continued Website Uses following the posting of any changes constitutes acceptance of those changes.

2. Accuracy and Completeness of Information

We are not responsible for the accuracy or completeness of any content or information made available on Our Website, including without limitation the colors and images of our products and designs. The content and information on Our Website is provided for general informational purposes only, and should not be relied upon by You for any reason, including without limitation for purposes of making any purchases or business decisions.  Any reliance on the information or content of Our Website is at Your sole risk.

3. Products and Services

We reserve the right to limit sales of Our products and services to any person, geographic region or jurisdiction. We also reserve the right to refuse sales of Our products or services to anyone for any reason, as determined in Our sole discretion. All descriptions of Our products or services on Our Website, including without limitation availability of products or services, and pricing, are subject to change at any time without notice.  We reserve the right to discontinue any product or service at any time.  Any product or service displayed or described on Our Website shall not constitute an offer of sale for the product or service, and any offers made on our Website shall be deemed void unless such offer specifically, and expressly, supersedes these Terms of Service.

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE NATURE, QUALITY OR DESCRIPTION OF ANY PRODUCTS, SERVICES, OR OTHER INFORMATION PROVIDED ON OUR WEBSITE. The foregoing waiver includes all express or implied warranties, including without limitation warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

4.  Third Party Links, Tools, or Information

We may provide You with links or access to third party tools or information, including without limitation links on Our Website that may direct you to third party websites that are not affiliated with Us (collectively “Third Party Information”). You understand and agree that We do not monitor, nor have any control or input over any such Third Party Information. You acknowledge and agree that We provide links or access to such Third Party Information ”as is” or “as available” without any warranties, express or implied, nor with any representations or conditions made by Us with respect thereto and without any endorsement. We shall have no liability whatsoever arising from or relating to Your access to, or Your use of, any Third Party Information.  Any use by You of Third Party Information made available on Our Website is at your sole risk and liability.

In addition, You agree that We are not responsible for handling, addressing or responding to any of Your complaints, claims, concerns, or questions regarding any Third Party Information.

5. User Comments, Feedback and Other Submissions; Assignment of Intellectual Property Rights

If You submit any information to Us, whether through our Website, or through other means (e.g., email, postal mail or otherwise) based on any information displayed on Our Website (including without limitation utilizing any of Our contact information) (collectively “Your Information”), You agree that We shall become sole and exclusive owner of Your Information, including without limitation the sole and exclusive owner of any intellectual property rights (“IP Rights”) related to Your Information, including without limitation the IP Rights related to any of Your images, designs, logos, creative ideas, suggestions, proposals, plans, or other material that may be subject to any copyright, trademark, patent or patentable protections, or any trade secrets protections, including any derivatives thereof.  By agreeing to these Terms of Service, you hereby irrevocably assign to Us all IP Rights in Your Information. You further agree to provide any information, execute any documents, or take any actions as may be necessary in order to effectuate the foregoing assignment, or Our registration of the relevant IP Rights.

Accordingly, you agree that We may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any manner or medium any of Your Information; we shall also have the exclusive right to register any of the registerable IP Rights contained, in whole or in part, in Your Information.  You acknowledge and agree that We shall have no obligation to: (a) maintain Your Information in confidence; (b) provide You with any consideration (including without limitation any monetary payment) for Your Information; or (c) provide You with any comments, feedback, or any notices regarding Your Information, including without limitation any notices regarding Our use(s) of Your Information.

You agree that nothing contained in Your Information will contain any unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable content. When submitting Your Information You are prohibited from: (a) using a false name, e‑mail or postal address; (b) pretending to be someone other than Yourself or representing an entity without that entity’s express authorization; or (c) making any untrue or misleading statements regarding the nature, source or ownership thereof. 

You further agree and warrant that none of Your Information violates any third party rights, including without limitation third party intellectual property rights, or any privacy or other personal rights (“Third Party Rights”). If Your Information violates any Third Party Rights, You agree to indemnify, hold harmless and defend Spearhead Global from and against all liability and losses arising therefrom per the terms of Section 8 (Indemnification) of the Terms of Services.

By providing Your Information to Us, You additionally acknowledge and agree to be bound by the terms of Our Privacy and Cookie Policy below.

6. Prohibited Uses

In addition to any other prohibitions in these Terms of Service, You are prohibited from using the Website 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, federal, provincial or state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate Our IP 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, disability, or any other category protected by federal, state or local laws or regulations; (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 Our Website; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, or to send or transmit any other harmful or destructive code of any nature, including without limitation worms or viruses; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent any security features of the Website, or any related website, other websites, or the Internet.  

If you violate any of the foregoing prohibitions, or any other prohibition in these Terms of Service, You agree to indemnify, hold harmless and defend Spearhead Global from and against all liability and losses arising therefrom per the terms of Section 8 (Indemnification) of the Terms of Service.

7. Limitation of Liability

LIMITATION OF LIABILITY: To the greatest extent permitted by applicable law, no event shall Spearhead Global, or any of its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of the Website or any of its service, or for any other claim related in any way to Your use of the Website or any of its services, including without limitation any errors or omissions in any Website content.

8. Indemnification

To the fullest extent permitted by law, You agree to indemnify, defend and hold harmless Spearhead Global and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim, demand, or losses of any kind, including but not limited to reasonable attorneys’ fees and court costs, arising from Your breach, or alleged breach, of these Terms of Service (including without limitation Your violation of Section 6 hereof) or Your violation of any law or the rights of a third party related to Your Website Uses.

9. Restrictions Regarding Spearhead Global IP Rights and Other Website Content

Our Website may include images, designs, logos, trademarks, creative ideas, product or service descriptions, essays, articles, proposals, plans, or other material or information (“Website Content”).  You agree that Spearhead Global is the sole and exclusive owner of all Website Content, regardless of the nature, form, or source of that information.  Spearhead Global’s exclusive ownership of the Website Content shall include, without limitation, all intellectual property rights related to the Website Content, including without limitation, any copyright, trademark, trade secret rights, or patent or patentable rights, including any derivatives thereof, and irrespective of whether or not the relevant intellectual property right has been registered. In addition to all available remedies available to Us under law or equity, You agree that any use by You of any Website Content, whether directly or indirectly, for any purpose other than viewing, and except as expressly authorized in advance by Spearhead Global in writing, We shall have the right to seek an immediate injunction to prevent Your unauthorized use, or threatened unauthorized use, without posting a bond. You further agree that if We are required to take any legal action (including without limitation cease and desist letters or court proceedings) to prevent Your unauthorized use, or threatened unauthorized use, in addition to other damages You will be responsible for Our reasonable attorney fees and costs incurred in connection therewith.

10. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

11. Term and Termination

These Terms of Service are effective upon Your first access to Our Website and shall continue in full force and effect unless and until terminated by Us, in Our sole discretion.

12. Entire Agreement; Construction; Waiver

These Terms of Service (and any policies incorporated herein by reference) constitute the entire agreement and understanding between You and Us regarding the subject matter thereof, and supersedes any prior or contemporaneous agreements or communications, whether oral or written.

In resolving any ambiguities in these Terms of Service a court or tribunal shall not construe any meanings against the Us as the drafting party.

The failure of Us to exercise or enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision in any other instance.

13. Governing Law; Personal Jurisdiction; Venue

These Terms of Service shall be governed by the law of the Commonwealth of Pennsylvania, without any regard to its Conflict of Laws rules. All disputes related to or arising out of these Terms of Service shall be resolved in the federal or state courts located in or covering Bucks County, Pennsylvania having subject matter jurisdiction over the subject matter.  You hereby consent to the personal jurisdiction of these courts and waive Your right to contest personal jurisdiction, venue or forum on any grounds.

14. Contact Us

If you have any questions, comments, or concerns about these Terms of Service, please contact Us at info@spearheadglobal.com. By using Our Website, You acknowledge that You have read and understood the Terms of Service and agree to abide by its terms and conditions.

Privacy and Cookie Policy

This privacy and cookie policy (“Policy”) outlines the practices of Spearhead Global (“We,” “Us,” “Our”) regarding the collection, use, and disclosure of information that We receive through the Website (as defined above).  By accessing or using Our Website, You agree to the terms and conditions of this Policy. If You do not agree with this Policy, you are prohibited from any Website Uses (as defined above).

This Policy is incorporated into the Terms of Service by reference, and made a part thereof.

1. Information Collection and Use

When you engage in any Website Uses, we may collect personally identifiable information (“Personal Information”) and non-personally identifiable information (“Non-Personal Information”) related to You or related to anyone else whose Personal Information or Non-Personal Information You provide

a) Personal Information: We may collect and store Personal Information You voluntarily provide to Us when, for example, You register for an account, contact Us, subscribe to Our newsletter, or request certain information or services from Us. The Personal Information may include for example Your name, email address, phone number, company name, and any other Personal Information You decide to provide. We use Personal Information to communicate with You, deliver the requested services, respond to Your inquiries, provide customer support, and send You promotional and marketing communications when requested or otherwise permitted by law. We will not sell, rent, or trade Your Personal Information with third parties unless we have Your written permission or We are required by law to do so.

b) Non-Personal Information: We may collect non-personally identifiable information automatically through the use of cookies and similar technologies. This information may include, for example, Your IP address, browser type, operating system, referring URLs, and other technical information about Your device and interactions with Our Website.

By engaging in any Website Uses, including without limitation, accessing or visiting Our Website, You agree to Our collection and storage of Personal Information and Non-Personal Information as outlined above.

2. Cookies and Similar Technologies

We use cookies and similar technologies (e.g., web beacons, pixels) to collect and store certain information automatically. Cookies are small files that a website or its service provider transfers to Your device’s hard drive through Your web browser, enabling the website’s systems to recognize Your browser and capture and remember certain information.

We use cookies for various purposes, including improving our Website, understanding Your preferences, optimizing user experience, and providing relevant advertisements. You can control cookies through Your browser settings and opt-out of personalized ads. By engaging in any Website Uses, including without limitation, accessing or visiting Our Website, You agree to Our use of cookies and similar technologies as outlined above.

3. Third-Party Websites and Services

Our Website may contain links to third party websites or integrate with third party services. We have no control over the privacy practices or content of these third party websites, and We encourage You to review their respective privacy policies before providing any Personal Information or using their services.

4. Data Security

We implement reasonable security measures to protect your Personal Information from unauthorized access, alteration, use, disclosure, or destruction; and in so doing will implement the safety and security measures that provide the greatest protection to You as may be required by applicable law

5. Changes to this Policy

We may update this Policy at any time and recommend that You review it periodically. Continued use of our Website after any modifications, irrespective of whether you have reviewed those changes, constitutes Your consent to the updated policy.

6. Contact Us

If You have any questions, comments, or concerns about this Policy or our privacy practices, please contact Us at info@spearheadglobal.com.  By using Our Website, You acknowledge that You have read and understood this Policy and agree to abide by its terms and conditions.