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Effective Date: March 6, 2025

These following terms and conditions (“Terms”) of Spitfire Strategies LLC (“Spitfire,” “we,” “us” or “our”) govern your use of our website available at https://spitfirestrategies.com/ (the “Site”).

Please review THESE TERMS carefully. By accessing, viewing, or using the content, material, or any services available on or through this Site, you acknowledge that you are at least EIGHTEEN YEARS OLD, indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them.

If you do not agree to these Terms, or if you are under the age of EIGHTEEN, you may not access the Site.

BINDING ARBITRATION

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND SPITIRE MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST SPITIRE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 13 (ARBITRATION AGREEMENT) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH SPITFIRE.

  1. Changes to Terms. The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.
  • Privacy. Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site.
  • Registration. In order to access certain content on the Site, you will be asked to register and create an account. As part of the registration process, you will be asked to select a login and password. You may be required to provide Spitfire with certain information about yourself including some types of personally identifying information such as your email and your phone number. You agree that the information you provide to us during the registration process and at all other times when you use the Site is accurate, current, and complete, and that you will keep it up-to-date at all times. If you provide any information that is, or that Spitfire has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Spitfire has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You are the sole authorized user of any account you create through the Site, and you are fully responsible for your account, including use of the account by any third party and maintaining the confidentiality of your password.

You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at help@spitfirestrategies.com. Spitfire will not be liable for losses, damages, liability, expenses, and fees incurred by Spitfire or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. You may terminate your account at any time by contacting us at help@spitfirestrategies.com.

  • Proprietary Rights. As between any user and Spitfire, Spitfire and/or its licensors own or license all data, content, audio clips, video clips, artwork, images, photographs, graphics, functional components, software and software concepts, documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States and international copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. The Site and Site Materials may not be copied, framed, distributed, modified, reproduced, published, used or exploited for any commercial purpose, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

Under no circumstances will you have any rights of any kind in or to the Site or Site Materials, other than the right to use the Site and Site Materials in accordance with these Terms. Spitfire grants you a limited license to access and use the Site and Site Materials for only personal, educational or noncommercial purposes, subject to these Terms.

  • Payments. All products and services offered for purchase on the Site are subject to availability. The prices stated for such products and services are subject to change without notice. Any Spitfire publication concerning our products and services may include inaccuracies or typographical errors. Spitfire shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Spitfire may make improvements and/or changes in the products or services described in these publications at any time without notice.

Spitfire may reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Spitfire, payment must be received by Spitfire prior to acceptance of an order. Some situations that may result in cancellation include limitations on quantities available, inaccuracies or errors in product or service or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

You understand that Spitfire may change prices at any time, at our sole discretion and Spitfire reserves the right to change such prices at any time to correct errors or to comply with applicable laws.

You understand that products or services purchased by you may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product or service purchased and your designated delivery address. Taxes are not included within the listed prices for products and services displayed on the Site but are included as a separate line item and will be displayed to you before confirmation of any purchase. You are responsible for paying the applicable purchase price for products or services purchased through the Site and paying applicable Taxes associated with the purchase and sale of the products or services.

Payment will be processed by Spitfire’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

  • Unauthorized Activities.  You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation;
  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
  • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Site; or
  • Otherwise attempt to interfere with the proper working of the Site.
  • Materials Submitted to the Site.  Except for any personal information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site including any ideas, comments, suggestions, feedback, data or the like (“User Content”) will be considered non-confidential and non-proprietary. Spitfire will have no obligations with respect to the User Content. Furthermore, you assign all intellectual property rights, including any moral, publicity or similar rights you have in any User Content. By submitting the User Content to Spitfire, you agree Spitfire owns and is free to use the User Content, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Spitfire and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the User Content and its derivatives and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

You are responsible for the User Content you post to the Site and must be compliant with applicable laws, rules and regulations when posting such User Content. You represent and warrant that you have or have obtained all rights, licenses, consents, permissions, power and/or authority necessary to post the User Content on the Site, including all consents and permissions from any individuals who are the subject of any posts.

In submitting User Content through the Site, you agree you will not:

  • Submit material about any individual when you have knowledge that such individual objects or has objected to such submission;
  • Submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable;
  • Post advertisements or solicitations of business or employment;
  • Impersonate another person;
  • Submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Spitfire all of the license rights granted herein;
  • Submit material that is unsuitable for minors in any country; or
  • Submit material that is malicious or destructive in nature, or contain a virus, malware or other computer programming routine or engine that is intended to damage or otherwise interfere with any system, data, or information.

Spitfire reserves the right, but has no obligation, to refuse to post, block or remove User Content from the Site for any reason in our sole discretion. Spitfire may terminate your access to or use of the Site to prevent further posting or distribution of User Content.

  • Copyright Policy. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Spitfire a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
  • Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Spitfire to locate the material on the Site;
  • Your name, address, telephone number, and email address (if available);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Spitfire a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to help@spitfirestrategies.com.

  • Links to External Websites and Online Services. Our Site may contain links to third-party websites and online services. Any access to and use of such third-party websites and online services is not governed by our Privacy Policy or these Terms but is instead governed by the privacy policies and terms of services of those third-party websites and online services, and we are not responsible for the information practices of such third-party websites and online services.
  1. Disclaimer.  WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS.

USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPITFIRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS TO THE OPERATION OF THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT.

  1. LIABILITY. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SPITFIRE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, USER CONTENT, THE SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR SPITFIRE HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE.

UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF SPITFIRE, TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS AND USER CONTENT, ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, SOFTWARE, INFORMATION OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

If you are dissatisfied with the Site, or with any of these Terms, or feel Spitfire has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.

Any claims arising in connection with your use of the Site or any services used through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. 

  1. Indemnification. You shall indemnify Spitfire and our affiliates, and our respective directors, officers, employees, agents, contractors, representatives, licensors and clients (“Spitfire Indemnitees”) from and against all losses, expenses, damages, costs (including reasonably attorneys’ fees) claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with your breach of these Terms, your fraud, violation of applicable law, negligence, willful misconduct. You may not settle any Claim without the prior written consent of Spitfire. Spitfire may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Spitfire does not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Spitfire, subject to the right of Spitfire to assume, at our sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
  1. Arbitration Agreement.

Arbitration.  Any dispute, controversy, or claim between us arising out of or relating in any way to your account or any purchase you make from us will be resolved by binding arbitration, rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).

At least thirty (30) days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to 650 Massachusetts Avenue NW – Suite 600; Washington, DC 20001 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known address. Within thirty (30) days of such notice, either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration. All applicable claims or filing limitations period shall be tolled during the pendency of this pre-arbitration notice period.

The arbitration will be conducted by JAMS under its applicable rules unless otherwise stated herein. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum.

You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator.

If you are a prevailing party, you may seek reimbursement of your fees and costs. However, we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11. There will be only one arbitrator, not a panel.

You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us.  This arbitration agreement will survive termination of the agreement.

Enforceability. If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS (or another chose arbitral forum), then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court. The parties agree that the exclusive jurisdiction in Section 14 (Governing Law and Jurisdiction) shall govern the claim.

Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

Class Action Waiver. Regardless of arbitrability, we each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis or otherwise coordinating claims filed in arbitration.

  1. Governing Law and Jurisdiction. These Terms shall be governed by the laws of the District of Columbia without regard to any conflict of law principles. Further, you and we agree to the jurisdiction of a state or federal court in the District of Columbia to resolve any dispute, claim, or controversy that relates to or arises in connection with these Terms (and any non-contractual disputes and/or claims relating to or arising in connection with it) and that is not subject to mandatory arbitration under Section 13 (Arbitration Agreement) above.
  1. Miscellaneous. These Terms represent the entire agreement between you and Spitfire with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. The Site is controlled and operated from within the United States. Without limiting anything else, Spitfire makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to remove your account and any User Content generated by you on the Site, block your access to the Site, block IP addresses. If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

Contact. If you have any questions, comments or notices regarding these Terms, please contact us at help@spitfirestrategies.com.