Terms Of Service Agreement & Privacy Policy
REFUND POLICY
There are no refunds due to billing date lapse. You MUST cancel your subscription /
membership 48 hours before your next billing date, if you wait until the day of or the day after to
cancel then you will retain 1 more month of service.
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
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 Spot Link
LLC DBA PHIL’S GANG ®, also known as Phil’s Gang ®, located at 50 Central Ave #940,
Sarasota, FL 34236 and our subsidiaries and affiliates, in association with the use of the Phil’s
Gang ® website, which includes Philsgang.com, (the “Site”) and its Services, which shall be
defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is teaching and instruction & entertainment which has the following description: The
purpose of this website is to provide instructional content to aid the novice as well as the
experienced investor on how to use technical analysis using charts as well as Phil Grande’s
personally developed software. This site also provides news, entertainment as well as
opinionated commentary as to how the US and Global financial markets work.
WARNING!!
AS WITH ANY FINANCIAL INFORMATION IT IS ADVISED THAT THE USERS
(Members) OF THIS SITE SEEK OUT THIER OWN PROFESSIONAL ADVISOR(S)!
BE ADVISED THAT THE INSTRUCTORS AS WELL AS MR. PHIL GRANDE DO NOT
BUY OR SELL STOCKS!! THE ADVICE TO BUY OR SELL STOCKS ARE FOR
INTRUCTIONAL USE ONLY!
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 Spot Link LLC
DBA PHIL’S GANG ®. At its discretion, Spot Link LLC DBA PHIL’S GANG ® 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.
Spot Link LLC DBA PHIL’S GANG ® 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 Spot Link LLC DBA PHIL’S GANG ® 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 Spot Link LLC DBA PHIL’S GANG ® 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 Phil’s Gang’s ® Services under the
laws and statutes of the United States or other applicable jurisdiction.
When you register, Phil’s Gang ® 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 Phil’s Gang ® and sign in to our
Services, you are no longer anonymous to us.
Furthermore, the registering party 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, Spot Link LLC DBA PHIL’S GANG ® will have sufficient grounds and rights to
suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse
any and all current or future use of Spot Link LLC DBA PHIL’S GANG ® Services, or any
portion thereof.
It is Spot Link LLC DBA PHIL’S GANG’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 Phil’s
Gang ® 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.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Spot Link LLC DBA PHIL’S
GANG ® immediately if you notice any unauthorized access or use of your account or password
or any other breach of security. Spot Link LLC DBA PHIL’S GANG ® shall not be held liable
for any loss and/or damage arising from any failure to comply with this term and/or condition of
the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other content,
whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility
of the individual from whom the content originated. In short, this means that you are solely
responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made
available by way of the Phil’s Gang ® Services, and as such, we do not guarantee the accuracy,
integrity or quality of such content. It is expressly understood that by use of our Services, you
may be exposed to content including, but not limited to, any errors or omissions in any content
posted, and/or any loss or damage of any kind incurred as a result of the use of any content
posted, emailed, transmitted or otherwise made available by Phil’s Gang ®.
Furthermore, you herein agree not to make use of Spot Link LLC DBA PHIL’S GANG’s ®
Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically,
or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Phil’s Gang ®
officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any
affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have
no right to pursuant to any law nor having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of
any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any contractual or
fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which have been designed to
interfere, destroy and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Spot Link LLC DBA PHIL’S GANG ® Services, servers
and/or networks that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law,
including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities
and Exchange Commission, in addition to any rules of any nation or other securities exchange,
that would include without limitation, the New York Stock Exchange, the American Stock
Exchange, or the NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as a
“foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection
with the prohibited conduct and/or activities which have been set forth in the aforementioned
paragraphs.
Spot Link LLC DBA PHIL’S GANG ® herein reserves the right to pre-screen, refuse and/or
delete any content currently available through our Services. In addition, we reserve the right to
remove and/or delete any such content that would violate the TOS or which would otherwise be
considered offensive to other visitors, users and/or members.
Spot Link LLC DBA PHIL’S GANG ® herein reserves the right to access, preserve and/or
disclose member account information and/or content if it is requested to do so by law or in good
faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third
party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Spot Link LLC DBA PHIL’S GANG
®, its visitors, users and members, including the general public.
Spot Link LLC DBA PHIL’S GANG ® herein reserves the right to include the use of security
components that may permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations established by Spot
Link LLC DBA PHIL’S GANG ® or any other content providers supplying content services to
Spot Link LLC DBA PHIL’S GANG ®. You are hereby prohibited from making any attempt to
override or circumvent any of the embedded usage rules in our services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of any information or
materials supplied by our Services, despite whether done so in whole or in part, is expressly
prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration
Regulations, as well as the sanctions control program of the United States.
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export
exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a
member of any other government which may be part of an export-prohibited country identified in
applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of
our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Spot Link LLC DBA PHIL’S GANG ® shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content available for inclusion on our
website Services. Therefore, you hereby grant and allow for Spot Link LLC DBA PHIL’S
GANG ® the below listed worldwide, royalty free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Spot
Link LLC DBA PHIL’S GANG’s ® sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which this
content was placed and/or made available for viewing. This license shall be available so long as
you are a member of Spot Link LLC DBA PHIL’S GANG’s ® sites, and shall terminate at such
time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly
accessible areas of Spot Link LLC DBA PHIL’S GANG’s ® sites, the license provided to permit
to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Spot Link LLC DBA PHIL’S GANG’s ® sites and
shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Spot Link LLC DBA PHIL’S GANG’s ® sites, the continuous, binding and completely
sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or in
part, and the incorporation of any such Content into other works in any arrangement or medium
current used or later developed. Those areas which may be deemed “publicly accessible” areas of
Spot Link LLC DBA PHIL’S GANG’s ® sites are those such areas of our network properties
which are meant to be available to the general public, and which would include message boards
and groups that are openly available to both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Spot Link LLC DBA PHIL’S GANG ® might provide an area for our users and members to
contribute feedback to our website. When you submit ideas, documents, suggestions and/or
proposals (“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Phil’s Gang ® shall not be liable or under any obligation to ensure or maintain confidentiality,
expressed or implied, related to any Contributions;
c) Phil’s Gang ® shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Phil’s Gang
®; and
e) Phil’s Gang ® is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Spot Link LLC DBA PHIL’S GANG
®, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or
not liable for any claim or demand, which may include, but is not limited to, reasonable attorney
fees made by any third party which may arise from any content a member or user of our site may
submit, post, modify, transmit or otherwise make available through our Services, the use of
Phil’s Gang ® Services or your connection with these Services, your violations of the Terms of
Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to Phil’s Gang’s ® sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Spot Link LLC DBA PHIL’S GANG ® may set up any such
practices and/or limits regarding the use of our Services, without limitation of the maximum
number of days that any email, message posting or any other uploaded content shall be retained
by Spot Link LLC DBA PHIL’S GANG ®, nor the maximum number of email messages that
may be sent and/or received by any member, the maximum volume or size of any email message
that may be sent from or may be received by an account on our Service, the maximum disk space
allowable that shall be allocated on Spot Link LLC DBA PHIL’S GANG’s ® servers on the
member’s behalf, and/or the maximum number of times and/or duration that any member may
access our Services in a given period of time. In addition, you also agree that Spot Link LLC
DBA PHIL’S GANG ® has absolutely no responsibility or liability for the removal or failure to
maintain storage of any messages and/or other communications or content maintained or
transmitted by our Services.
You also herein acknowledge that we reserve the right to delete or remove any account that is no
longer active for an extended period of time. Furthermore, Spot Link LLC DBA PHIL’S GANG
® shall reserve the right to modify, alter and/or update these general practices and limits at our
discretion.
MODIFICATIONS
Spot Link LLC DBA PHIL’S GANG ® shall reserve the right at any time it may deem fit, to
modify, alter and or discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third
party for any such alteration, modification, suspension and/or discontinuance of our Services, or
any part thereof.
TERMINATION
As a member of Philsgang.com, you may cancel or terminate your account, associated email
address and/or access to our Services by submitting a cancellation or termination request to
support@philsgang.com 48 hours BEFORE next billing cycle. As a member, you agree that Spot
Link LLC DBA PHIL’S GANG ® may, without any prior written notice, immediately suspend,
terminate, discontinue and/or limit your account, any email associated with your account, and
access to any of our Services. The cause for such termination, discontinuance, suspension and/or
limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
Philsgang.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or
limitations of access for cause shall be made at our sole discretion and that we shall not be liable
to you or any other third party with regards to the termination of your account, associated email
address and/or access to any of our Services.
The termination of your account with Philsgang.com shall include any and/or all of the
following:
a) the removal of any access to all or part of the Services offered within Philsgang.com;
b) the deletion of your password and any and all related information, files, and any such content
that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery
of such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Spot Link LLC DBA PHIL’S GANG ® shall not be
held responsible or liable for any loss or damage of any nature or manner incurred as a direct
result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Spot Link LLC DBA PHIL’S GANG ® or any third parties may provide links to other
websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other materials, on or available
from such third party sites or resources.
Furthermore, you acknowledge and agree that Spot Link LLC DBA PHIL’S GANG ® shall not
be responsible or liable, directly or indirectly, for any such damage or loss which may be a result
of, caused or allegedly to be caused by or in connection with the use of or the reliance on any
such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Spot Link LLC DBA PHIL’S GANG’s ® Services
and any essential software that may be used in connection with our Services (“Software”) shall
contain proprietary and confidential material that is protected by applicable intellectual property
rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is
protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by Spot Link
LLC DBA PHIL’S GANG ® or such applicable licensor, you agree not to alter, modify, lease,
rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic
works which are based on Spot Link LLC DBA PHIL’S GANG Services (e.g. Content or
Software), in whole or part. Spot Link LLC DBA PHIL’S GANG ® herein has granted you
personal, non-transferable and non-exclusive rights and/or license to make use of the object code
or our Software on a single computer, as long as you do not, and shall not, allow any third party
to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or
otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any such right in the Software.
Furthermore, you do herein agree not to alter or change the Software in any manner, nature or
form, and as such, not to use any modified versions of the Software, including and without
limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other than through the
interface which is provided by Spot Link LLC DBA PHIL’S GANG ® for use in accessing our
Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SPOT LINK LLC DBA PHIL’S GANG ® SERVICES AND SOFTWARE
ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE
PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SPOT LINK LLC DBA
PHIL’S GANG ® AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SPOT LINK LLC DBA PHIL’S GANG ® AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES
THAT (i) SPOT LINK LLC DBA PHIL’S GANG ® SERVICES OR SOFTWARE WILL
MEET YOUR REQUIREMENTS; (ii) SPOT LINK LLC DBA PHIL’S GANG ® SERVICES
OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SPOT
LINK LLC DBA PHIL’S GANG ® SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
BY WAY OF SPOT LINK LLC DBA PHIL’S GANG ® SERVICES OR SOFTWARE SHALL
BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING,
OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF
ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,
THAT MAY BE OBTAINED BY YOU FROM SPOT LINK LLC DBA PHIL’S GANG ® OR
BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SPOT LINK
LLC DBA PHIL’S GANG ® AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH
MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR
OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF
SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Spot Link LLC DBA PHIL’S GANG ®
(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders,
partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware” is
appropriate. Spot Link LLC DBA PHIL’S GANG’s ® content is provided primarily for
informational purposes, and no content that shall be provided or included in our Services is
intended for trading or investing purposes. Spot Link LLC DBA PHIL’S GANG ® and our
licensors shall not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted and/or made available by way of our Services, and shall not be
responsible or liable for any trading and/or investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Spot Link LLC DBA PHIL’S GANG ® may furnish you with notices, including those with
regards to any changes to the TOS, including but not limited to email, regular mail, MMS or
SMS, text messaging, postings on our website Services, or other reasonable means currently
known or any which may be herein after developed. Any such notices may not be received if you
violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your
acceptance of this TOS constitutes your agreement that you are deemed to have received any and
all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Spot Link LLC DBA PHIL’S
GANG ® trademarks, copyright, trade name, service marks, and other Spot Link LLC DBA
PHIL’S GANG ® logos and any brand features, and/or product and service names are
trademarks and as such, are and shall remain the property of Spot Link LLC DBA PHIL’S
GANG ®. You herein agree not to display and/or use in any manner the Spot Link LLC DBA
PHIL’S GANG ® logo or marks without obtaining Spot Link LLC DBA PHIL’S GANG’s ®
prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
NOTICE & PROCEDURES
Spot Link LLC DBA PHIL’S GANG ® will always respect the intellectual property of others,
and we ask that all of our users do the same. With regards to appropriate circumstances and at its
sole discretion, Spot Link LLC DBA PHIL’S GANG ® may disable and/or terminate the
accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that
your work has been duplicated in such a way that would constitute copyright infringement, or if
you believe your intellectual property rights have been otherwise violated, you should provide to
us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been
infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information
in your notice is truthful and accurate, and that you are the copyright or intellectual property
owner, representative or agent authorized to act on the copyright or intellectual property owner’s
behalf.
The Spot Link LLC DBA PHIL’S GANG ® Agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address:
Spot Link LLC DBA PHIL’S GANG ®
Attn: Copyright Agent
50 Central Ave #940,
Sarasota, FL 34236
Telephone: 877-600-4264
Email: marta@philsgang.com
CLOSED CAPTIONING
BE IT KNOWN that Spot Link LLC DBA PHIL’S GANG ® complies with all applicable
Federal Communications Commission rules and regulations regarding the closed captioning of
video content. For more information, please visit our website at Philsgang.com.
PRIVACY POLICY
Last updated January 31, 2020
Thank you for choosing to be part of our community at Spot Link LLC , doing business as DBA
PHIL’S GANG (“DBA PHIL’S GANG ”, “we”, “us”, or “our”). We are committed to protecting
your personal information and your right to privacy. If you have any questions or concerns about
our policy, or our practices with regards to your personal information, please contact us at
marta@philsgang.com.
When you visit our website www.philsgang.com, mobile application, Facebook application, and
use our services, you trust us with your personal information. We take your privacy very
seriously. In this privacy policy, we seek to explain to you in the clearest way possible what
information we collect, how we use it and what rights you have in relation to it. We hope you
take some time to read through it carefully, as it is important. If there are any terms in this
privacy policy that you do not agree with, please discontinue use of our Sites or Apps and our
services.
This privacy policy applies to all information collected through our website (such as
www.philsgang.com), mobile application, Facebook application, ("Apps"), and/or any related
services, sales, marketing or events (we refer to them collectively in this privacy policy as the
"Services").
Please read this privacy policy carefully as it will help you make informed decisions about
sharing your personal information with us.
WHAT INFORMATION DO WE COLLECT?
We collect personal information that you voluntarily provide to us when registering at the
Services or Apps, expressing an interest in obtaining information about us or our products and
services, when participating in activities on the Services or Apps or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and
the Services or Apps, the choices you make and the products and features you use. The personal
information we collect can include the following:
Publicly Available Personal Information. We collect first name, maiden name, last name, and
nickname; ID; current and former address; phone numbers; email addresses; and other similar
data.
Credentials. We collect passwords, password hints, and similar security information used for
authentication and account access.
Payment Data. We collect data necessary to process your payment if you make purchases, such
as your payment instrument number (such as a credit card number), and the security code
associated with your payment instrument. All payment data is stored by Recurly. You may find
their privacy policy link(s) here: https://recurly.com/legal/privacy.
All personal information that you provide to us must be true, complete and accurate, and you
must notify us of any changes to such personal information.
We automatically collect certain information when you visit, use or navigate the Services or
Apps. This information does not reveal your specific identity (like your name or contact
information) but may include device and usage information, such as your IP address, browser
and device characteristics, operating system, language preferences, referring URLs, device name,
country, location, information about how and when you use our Services or Apps and other
technical information. This information is primarily needed to maintain the security and
operation of our Services or Apps, and for our internal analytics and reporting purposes.
Online Identifiers. We collect devices; applications; cookie identifiers, or others such as the ones
used for analytics and marketing; and other similar data.
If you use our Apps, we may also collect the following information:
Push Notifications. We may request to send you push notifications regarding your account or the
mobile application. If you wish to opt-out from receiving these types of communications, you
may turn them off in your device's settings.
Facebook Permissions. We by default access your Facebook basic account information,
including your name, email, gender, birthday, current city, and profile picture URL, as well as
other information that you choose to make public. We may also request access to other
permissions related to your account, such as friends, check-ins, and likes, and you may choose to
grant or deny us access to each individual permission. For more information regarding Facebook
permissions, refer to the Facebook Permissions Reference page.
HOW DO WE USE YOUR INFORMATION?
We use personal information collected via our Services or Apps for a variety of business
purposes described below. We process your personal information for these purposes in reliance
on our legitimate business interests, in order to enter into or perform a contract with you, with
your consent, and/or for compliance with our legal obligations. We indicate the specific
processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To facilitate account creation and logon process. If you choose to link your account with us to a
third party account (such as your Google or Facebook account), we use the information you
allowed us to collect from those third parties to facilitate account creation and logon process for
the performance of the contract.
To send you marketing and promotional communications. We and/or our third party marketing
partners may use the personal information you send to us for our marketing purposes, if this is in
accordance with your marketing preferences. You can opt-out of our marketing emails at any
time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
Fulfill and manage your orders. We may use your information to fulfill and manage your orders,
payments, returns, and exchanges made through the Services or Apps.
Deliver targeted advertising to you. We may use your information to develop and display content
and advertising (and work with third parties who do so) tailored to your interests and/or location
and to measure its effectiveness.
Request Feedback. We may use your information to request feedback and to contact you about
your use of our Services or Apps.
To protect our Services. We may use your information as part of our efforts to keep our Services
or Apps safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and
Contractual.
To respond to legal requests and prevent harm. If we receive a subpoena or other legal request,
we may need to inspect the data we hold to determine how to respond.
To deliver services to the user. We may use your information to provide you with the requested
service.
To respond to user inquiries/offer support to users. We may use your information to respond to
your inquiries and solve any potential issues you might have with the use of our Services.
For other Business Purposes. We may use your information for other Business Purposes, such as
data analysis, identifying usage trends, determining the effectiveness of our promotional
campaigns and to evaluate and improve our Services or Apps, products, marketing and your
experience. We may use and store this information in aggregated and anonymized form so that it
is not associated with individual end users and does not include personal information. We will
not use identifiable personal information without your consent.
WILL YOUR INFORMATION BE SHARED WITH ANYONE?
We may process or share data based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal
information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our
legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process
your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in
order to comply with applicable law, governmental requests, a judicial proceeding, court order,
or legal process, such as in response to a court order or a subpoena (including in response to
public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to
investigate, prevent, or take action regarding potential violations of our policies, suspected fraud,
situations involving potential threats to the safety of any person and illegal activities, or as
evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the
following situations:
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with
third party vendors, service providers, contractors or agents who perform services for us or on
our behalf and require access to such information to do that work. Examples include: payment
processing, data analysis, email delivery, hosting services, customer service and marketing
efforts. We may allow selected third parties to use tracking technology on the Services or Apps,
which will enable them to collect data about how you interact with the Services or Apps over
time. This information may be used to, among other things, analyze and track data, determine the
popularity of certain content and better understand online activity. Unless described in this
Policy, we do not share, sell, rent or trade any of your information with third parties for their
promotional purposes.
Business Transfers. We may share or transfer your information in connection with, or during
negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion
of our business to another company.
Third-Party Advertisers. We may use third-party advertising companies to serve ads when you
visit the Services or Apps. These companies may use information about your visits to our
Website(s) and other websites that are contained in web cookies and other tracking technologies
in order to provide advertisements about goods and services of interest to you.
Business Partners. We may share your information with our business partners to offer you
certain products, services or promotions.
Offer Wall. Our Apps may display a third-party hosted “offer wall.” Such an offer wall allows
third-party advertisers to offer virtual currency, gifts, or other items to users in return for
acceptance and completion of an advertisement offer. Such an offer wall may appear in our
mobile application and be displayed to you based on certain data, such as your geographic area
or demographic information. When you click on an offer wall, you will leave our mobile
application. A unique identifier, such as your user ID, will be shared with the offer wall provider
in order to prevent fraud and properly credit your account.
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or
store information. Specific information about how we use such technologies and how you can
refuse certain cookies is set out in our Cookie Policy.
DO WE USE GOOGLE MAPS?
This website, mobile application, or Facebook application uses Google Maps APIs. You may
find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy
Policy, please refer to this link.
By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service.
You agree to allow us to obtain or cache your location. You may revoke your consent at anytime.
HOW LONG DO WE KEEP YOUR INFORMATION?
We will only keep your personal information for as long as it is necessary for the purposes set
out in this privacy policy, unless a longer retention period is required or permitted by law (such
as tax, accounting or other legal requirements). No purpose in this policy will require us keeping
your personal information for longer than 90 days past the termination of the user's account.
When we have no ongoing legitimate business need to process your personal information, we
will either delete or anonymize it, or, if this is not possible (for example, because your personal
information has been stored in backup archives), then we will securely store your personal
information and isolate it from any further processing until deletion is possible.
HOW DO WE KEEP YOUR INFORMATION SAFE?
We have implemented appropriate technical and organizational security measures designed to
protect the security of any personal information we process. However, please also remember that
we cannot guarantee that the internet itself is 100% secure. Although we will do our best to
protect your personal information, transmission of personal information to and from our Services
or Apps is at your own risk. You should only access the services within a secure environment.
DO WE COLLECT INFORMATION FROM MINORS?
We do not knowingly solicit data from or market to children under 18 years of age. By using the
Services or Apps, you represent that you are at least 18 or that you are the parent or guardian of
such a minor and consent to such minor dependent’s use of the Services or Apps. If we learn that
personal information from users less than 18 years of age has been collected, we will deactivate
the account and take reasonable measures to promptly delete such data from our records. If you
become aware of any data we have collected from children under age 18, please contact us at
Marta@Philsgang.com.
WHAT ARE YOUR PRIVACY RIGHTS?
If you are resident in the European Economic Area and you believe we are unlawfully processing
your personal information, you also have the right to complain to your local data protection
supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-
protection/bodies/authorities/index_en.htm.
If you have questions or comments about your privacy rights, you may email us at
marta@philsgang.com.
Account Information
If you would at any time like to review or change the information in your account or terminate
your account, you can:
■ Log into your account settings and update your user account.
■ Contact us using the contact information provided.
Upon your request to terminate your account, we will deactivate or delete your account and
information from our active databases. However, some information may be retained in our files
to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use
and/or comply with legal requirements.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If
you prefer, you can usually choose to set your browser to remove cookies and to reject cookies.
If you choose to remove cookies or reject cookies, this could affect certain features or services of
our Services or Apps. To opt-out of interest-based advertising by advertisers on our Services or
Apps visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time
by clicking on the unsubscribe link in the emails that we send or by contacting us using the
details provided below. You will then be removed from the marketing email list – however, we
will still need to send you service-related emails that are necessary for the administration and use
of your account. To otherwise opt-out, you may:
■ Note your preferences when you register an account with the site.
■ Contact us using the contact information provided.
CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-
Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to
have data about your online browsing activities monitored and collected. No uniform technology
standard for recognizing and implementing DNT signals has been finalized. As such, we do not
currently respond to DNT browser signals or any other mechanism that automatically
communicates your choice not to be tracked online. If a standard for online tracking is adopted
that we must follow in the future, we will inform you about that practice in a revised version of
this privacy policy.
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our
users who are California residents to request and obtain from us, once a year and free of charge,
information about categories of personal information (if any) we disclosed to third parties for
direct marketing purposes and the names and addresses of all third parties with which we shared
personal information in the immediately preceding calendar year. If you are a California resident
and would like to make such a request, please submit your request in writing to us using the
contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the
Services or Apps, you have the right to request removal of unwanted data that you publicly post
on the Services or Apps. To request removal of such data, please contact us using the contact
information provided below, and include the email address associated with your account and a
statement that you reside in California. We will make sure the data is not publicly displayed on
the Services or Apps, but please be aware that the data may not be completely or
comprehensively removed from our systems.
DO WE MAKE UPDATES TO THIS POLICY?
We may update this privacy policy from time to time. The updated version will be indicated by
an updated “Revised” date and the updated version will be effective as soon as it is accessible. If
we make material changes to this privacy policy, we may notify you either by prominently
posting a notice of such changes or by directly sending you a notification. We encourage you to
review this privacy policy frequently to be informed of how we are protecting your information.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may contact our Data Protection
Officer (DPO), Marta Grande, by email at Marta@Philsgang.com, or by post to:
Spot Link LLC
Marta Grande
50 Central Ave #940,
Sarasota,, FL 34236
United States
How can you review, update, or delete the data we collect from you?
Based on the laws of some countries, you may have the right to request access to the personal
information we collect from you, change that information, or delete it in some circumstances. To
request to review, update, or delete your personal information, please submit a request form by
clicking here. We will respond to your request within 30 days.
GENERAL INFORMATION ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Spot Link LLC DBA PHIL’S
GANG ® and shall govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to Spot Link LLC DBA PHIL’S GANG ® Services. You may
also be subject to additional terms and conditions that may apply when you use or purchase
certain other Spot Link LLC DBA PHIL’S GANG ® Services, affiliate Services, third-party
content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Spot Link LLC DBA PHIL’S GANG ® with
regard to the TOS that the relationship between the parties shall be governed by the laws of the
state of Florida without regard to its conflict of law provisions and that any and all claims, causes
of action and/or disputes, arising out of or relating to the TOS, or the relationship between you
and Spot Link LLC DBA PHIL’S GANG ®, shall be filed within the courts having jurisdiction
within the County of Sarasota, Florida or the U.S. District Court located in said state. You and
Spot Link LLC DBA PHIL’S GANG ® agree to submit to the jurisdiction of the courts as
previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction
over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Spot Link LLC DBA PHIL’S GANG ® fail to exercise or enforce any right
or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If
any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties’ intentions as
reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Spot Link LLC DBA PHIL’S GANG ® as
follows:
Mailing Address:
Spot Link LLC DBA PHIL’S GANG ®
Attn: Copyright Agent
50 Central Ave #940,
Sarasota, FL 34236
Telephone: 877-600-4264
Email: marta@philsgang.com
