SPINNphrTM Account Service Agreement

 Updated January, 2010

1. What the Service Agreement Covers.

This is a Service Agreement between you and White Pine Systems, LLC (“White Pine) for use by residents of the United States. Sometimes White Pine is referred to as "we," "us" or "our". This Service Agreement applies to the SPINNphr information site at www.SPINNphr.com, which is referred to in this Service Agreement as the “Service.”  These terms do not apply to the Microsoft HealthVault Account or to other programs or device drivers that work with either SPINNphr or the HealthVault Account.  Those have separate agreements.  This applies to your use of the Service including updates that you use while this Service Agreement is in force.

Please note that we do not provide warranties for the Service. The Service Agreement also limits our liability. These terms are in sections 8 through 13 and we ask you to read them carefully.

2.  Content disclaimer.

Programs and devices that connect with SPINNphr are not endorsed or warranted by White Pine.  Product descriptions are by their manufacturers or service providers and provided for informational purposes only.  We do not operate, control or supply any information that is not clearly identified as supplied by White Pine.  This site does not provide medical or any other health care advice, diagnosis or treatment.  Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program.  Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service.

3. How you May Use the Service.

You must be at least 14 years old and a resident of the United States and its territories to be eligible to use the Service. You may start using the Service as soon as you have finished the sign-up process. Customer support is available via help links. You may cancel the Service at any time. You are able to store materials for use in connection with the Service. The materials you store on your Service Account are yours. You may only transmit and store content that is legally permissible and appropriate for the Service.

In using the Service, you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • keep your Service account password secret; and
  • promptly notify us if you observe learn of a security breach related to the Service.

4. How You May Not Use the Service.

In using the Service, you may not:

  • use the Service in a way that harms us or our partners, affiliates, resellers, distributors, and/or vendors (collectively, the "White Pine parties"), or any customer of a White Pine party;
  • use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  • use any automated process or service (such as a BOT, a spider, periodic caching of information stored by White Pine, or "meta-searching") to access and/or use the Service;
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
  • damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone's use and enjoyment of the Service; or
  • resell or redistribute the Service, or any part of the Service.

5. Privacy.

We consider your use of the Service to be private. However, we may access or disclose information about you, your Account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this Service Agreement; including use of this Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of White Pine, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this Service Agreement. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.

In order to provide you the Service, we may collect certain information about Service performance, your machine and your Service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the SPINNphr Security and Privacy statement.

6. Software.

You will not disassemble, decompile, or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

7. WE MAKE NO WARRANTY.

We provide the Service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the Service. White Pine gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Service Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

8. LIABILITY LIMITATION.

You can recover from White Pine only direct damages up to an amount you pay White Pine for this Service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

  • the Service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the Service,
  • incompatibility between the Service and other Services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
  • claims for breach of Service Agreement, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • White Pine knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

9. Changes to the Service.

We may change the Service or delete features at any time and for any reason. At present SPINNphr stores personal health information in HealthVault. We may change to a different service to store your personal health information. 

10. If Microsoft Cancels the HealthVault Service.

As described in the Microsoft service agreement, Microsoft may cancel or suspend your right to use the HealthVault service at any time, without cause and/or without notice. Upon Service cancellation, your right to use HealthVault stops right away. White Pine will use its best efforts to switch your account and records to another provider, but no assurance can be given that information will not be lost.

11. If White Pine Cancels the SPINNphr Service.

White Pine may cancel or suspend your right to use the HealthVault service at any time, without cause and/or without notice. Upon Service cancellation, your right to use SPINNphr stops right away. If your HealthVault has not been cancelled you may access your information directly through HealthVault. 

12. How We May Change the Service Agreement.

We may change this Service Agreement in our discretion by posting new applicable terms and conditions. If you do not agree to the changes then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Service Agreement.

13. Interpreting the Service Agreement.

All parts of this Service Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Service Agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Service Agreement will not change. This is the entire Service Agreement between you and us regarding your use of the Service. It supersedes any prior Service Agreement or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Service Agreement do not limit the other terms of this Service Agreement.

14. Assignment; No Third Party Beneficiaries.

We may assign this Service Agreement, in whole or in part, at any time with or without notice to you. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service. This Service Agreement is solely for your and our benefit. It is not for the benefit of any other person.

15. Claim Must Be Filed Within One Year. Your Notices to Us.

Any claim related to this Service Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. You may notify us as stated in the customer support or "help" area for the Service. We do not accept e-mail notices.

16. Notices We Send You; Consent Regarding Electronic Information.

This Service Agreement is in electronic form. There may be information regarding the Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you:

  • by e-mail at the e-mail address you specified when you signed up for your Service;
  • by access to a SPINNphr web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a SPINNphr web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.

17. Service Agreement Party, Choice of Law and Location for Resolving Disputes.

This Service Agreement is between you and White Pine in the United States. The Service Agreement is with White Pine Systems, LLC, 1214 S. Seventh St. Ann Arbor, Michigan 48103, United States, and Michigan state law governs the interpretation of this Service Agreement and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Washtenaw County, Michigan, USA for all disputes arising out of or relating to this Service Agreement.

18.  NOTICES

Copyright and Trademark Notices

All copyrights and trademarks belong to their respective owners. Microsoft and HealthVault are Copyright © 2008 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A.   SPINNphr is trademarked by White Pine Systems, LLC. All rights reserved.

Respect Copyright

Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people's content unless you own the rights or have permission from the owner.