SPISim.com Terms and Conditions
SPISim LLC (“SPISim“) reserves the right to discontinue providing any of the services available on this Website, to make changes or updates to this Website, or to the products or programs described in this Website, or to these terms and conditions at any time without further notice. Your continued use of this Website following such changes signifies your acceptance of the revised terms and conditions.
Use of Website
You are hereby authorized by SPISim to view, download, copy and print documents and the graphics incorporated therein (“Materials“) from this Website subject to the following restrictions and in accordance with any written agreement between you and SPISim:
- the Materials may be used solely by you only for your own informational or educational purposes unless otherwise expressly indicated
- all copies you make of the Materials must properly attribute the appropriate source, including any copyright or other proprietary notices originally shown or included in the Materials
- you may not modify any of the Materials found at this Website unless otherwise expressly indicated, nor attempt to pass off any Materials found at this Website as your own
- you may not use, reproduce or publicly display or perform, or distribute any of the Materials within this Website for any purpose, unless SPISim has given you prior written consent to do so
- you also may not “mirror” or “frame” any portions of this Website in any other environment without prior written consent from SPISim.
SPISim reserves the right to terminate the access of any user in its discretion, including users that do not observe these terms and conditions and who infringe or otherwise violate the rights of others.
Use of SPISim Software
Any SPISim software which may be downloaded or is otherwise available from this Website, unless otherwise expressly indicated, is subject to either the written license agreement between you and SPISim or the click-wrap license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise.
However, if neither a written license nor a click-wrap license is available, your use of the SPISim software will be subject to the following conditions:
- you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this Website without SPISim’s express prior written consent
- you are granted a limited personal, non-exclusive and non-transferable license to use such software subject to the above restrictions
- such software is subject to all Warranties and Disclaimers as set forth below
- except as expressly granted elsewhere, SPISim and its licensors reserve all rights, title and interest in and relating to such software. This section does not apply to any third-party materials available on this Website.
Intellectual Property Rights
You acknowledge that this Website, the print, graphical and video Materials, software and all of the various elements contained therein (collectively, the “Content”) are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of SPISim and/or its licensors, as the case may be. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not reverse engineer, reverse assemble, decompile or disassemble, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
Links to Other Websites
This Website may periodically provide links to third-party Websites (“Third-Party Websites”). This Agreement governs only this Website and not any Third-Party Websites. Our decision to link to a Third-Party Website is not an endorsement of the content or services in that linked Third-Party Website. SPISim does not control these Third-Party Websites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Websites. If you decide to access linked Third-Party Websites, you do so at your own risk.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF SPISIM, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SPISIM PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE WEBSITE. NONE OF THE SPISIM PARTIES WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS WEBSITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU.
NONE OF THE SPISIM PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THIS WEBSITE AND ANY OF THE INFORMATION, SOFTWARE AND OTHER MATERIALS THEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT, SOFTWARE, MATERIALS AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIALS AND/OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ANY OF THE SPISIM PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE SOFTWARE, MATERIALS, CONTENT AND/OR SERVICES PROVIDED OR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS WEBSITE AND THE RESOURCES, MATERIALS, CONTENT AND SOFTWARE PROVIDED THEREIN. IN NO EVENT SHALL ANY OF THE SPISIM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE SPISIM PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO STOP USING THIS WEBSITE.
Governing Law; Disputes
This Website is operated and controlled by SPISim in the Commonwealth of Massachusetts, United States of America. This Agreement and all matters relating to your access to, or use of this Website shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts or choice of law rules. Any legal action or proceeding relating to this Agreement or your access to or use of this Website shall be instituted in a state or federal court in the Commonwealth of Massachusetts. You agree to submit to the jurisdiction of, and agree that venue is proper in these courts. You agree to make SPISim, its affiliates, partners, directors, officers, subsidiaries, parents, employees and agents, whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from your use of the Website or any violation of this Agreement.
In the event that any portion of this Agreement is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Governing Law, Disputes and Miscellaneous shall survive any termination of this Agreement. This Agreement contains the entire agreement of the parties concerning your use of this Website and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter, except with respect to any individual software licenses for any SPISim software, which shall continue to control to the extent such license(s) remain in effect. SPISim reserves the right to change, suspend, or discontinue all or any part of this Website or the Content at any time without prior notice or liability. You expressly absolve and release the SPISim Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly agree not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Website that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation.
Export Information and Compliance with Laws
Access to this Website from territories where the content of or participation in this Website may be illegal is prohibited. It is your sole responsibility to comply with applicable local laws. United States export laws and regulations apply to this Website and SPISim. You agree to comply with all such applicable restrictions and may not download or otherwise export, re-export, import, or distribute any of the Content or any underlying information or technology except in full compliance with all laws and regulations of the United States of America and with those of any other country that may apply to the Content. By accessing and downloading the Content, you agree to the foregoing and represent and warrant that (1) you are not a party to whom the United States of America prohibits access to the Content and (2) you are not located in, under control of, or a national or resident of any country to which export of the Content is restricted by laws of the United States of America or other applicable laws and regulations, and (3) you will not share the Content with a party identified in this paragraph. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.