This Terms of Use agreement describes the legal rights
and responsibilities binding both on us as the provider and on you as the user of the information
provided on this website.
PERSONS OR PARTIES COVERED
This Terms of Use agreement is intended to cover all Website Users,
which term shall include all visitors, all subscribers to lists, feeds, or newsletters,
all members or affiliates, and all customers.
Visitors are persons who visit or view this website, whether intentionally or
unintentionally and whether solicited or unsolicited.
Subscribers are persons who voluntarily agree to receive postings sent to email
distribution lists, channels pulled from RSS feeds or periodic newsletters whether paid or unpaid.
Members are persons who join an organization or marketing endeavor (e.g. "affiliates")
promoted by this website whether paid or unpaid.
Customers include anyone who attempts to order, actually orders, or receives a product sold
(e.g. a recipient) or advertised on or delivered from this website, even if at no cost.
DEFINITIONS
In the context of this document,
the term Website refers to the entire collection of text, images, sounds,
databases, invisible pages, linked pages, programming, trademarks, and all other
intellectual property we furnish to provide
information and content transmitted via the public Internet to you.
The terms we, us, and our refer to the person, people, or
other business entity that has created and published the content available on
this Website and are the licensed or legal owners of its content and includes
our agents, owners,, operators, and employees.
The terms you and your
refer to any person who visits, reads, uses, or interacts with the content
we provide and has a limited license to use the
content provided for private, noncommercial uses and includes website
users described above. You are parties with us to this legally binding contract agreement and any
other document referenced herein.
The term we shall be
synonymous with the term Seller and the term you shall be synonymous with term Buyer with respect to goods or
services whether sold through this Website or because of information
furnished via this Website. A license is an express written
agreement where we grant you
specific permission to access and use some or all of the content and features
provided for a stated purpose.
AGREEMENT
We are making the information and content
provided to you available in exchange for certain consideration and under conditions
which you must consent. If you have not read and agree to meet these conditions,
you must immediately exit our website and you many not access our website for
any reason whatsoever other than to to read and consent to this agreement until
such time as you have complete read and do voluntarily consent to its conditions.
No rights or privileges exist for any person who has not read and consented to this
agreement without exception.
CONSIDERATION
We allow you to visit, read, use, and interact with the
information and content we provide to you in exchange for the following consideration.
First, you must agree to read, accept, and comply with
all provisions contained in this Terms of Use agreement without exception.
Second, you must agree to read, accept, and comply with
our stated Privacy Policy without exception.
Third, you must agree to read, accept, and comply with
our Copyright Notice without exception.
Fourth, you must agree to read, accept, and comply with
our Purchase Agreement without exception.
You are indicating your consent to the foregoing by continuing to visit, read, use, and
interact with our website and any feature, object, or service provided by us.
In addition, these considerations and conditions may change from time
to time and you have a continuing and affirmative duty to periodically review
and keep yourself informed of any changes.
PERSONS UNDER THE AGE OF EIGHTEEN (18)
If you are under age eighteen, you may not purchase any
product or service offered for sale on our website. In addition, you may
neither request nor be granted a license to use our content and intellectual
property for any reason whatsoever. Your parent or legal guardian must indemnify and hold us harmless
from any claim arising by his or her child's access to our website as an
additional condition of your use of our website.
PERSONS UNDER THE AGE OF THIRTEEN (13)
If you are under age thirteen, you may not view or
use the information and content provided on our website without parental consent
and supervision. Your parent or guardian must furnish their written consent to
us before you may access, view, or use our website. You may not submit personal
identifying information to us under any conditions.
LICENSE TO VIEW AND USE CONTENT
We hereby grant you the limited right to view and use the
information and content provided via our website for personal noncommercial
use. We reserve the right revoke this right or to deny access to you for any reason
at any time for any reason without exception. Your continued use after we have notified
you to cease and desist shall constitute a breech of this license.
You agree to pay to us, on demand, as liquidated damages, the
sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual
damages for each and every breech of this provision.
LICENSE TO REFERENCE
We hereby grant you a limited license to reference our website's
main top level page without specific permission; however, we reserve the right to deny such
referencing if, in our opinion, such referencing is harmful to us for any reason. Referencing
means to mention the Universal Resource Locator (URL), also known as our Website Address
in any commercial or noncommercial media. If you intend to reference our website, you
should provide us written notice of your intention to do so. You must agree to discontinue
referencing immediately upon notification by us by any means--your failure to do shall be
considered an unlawful use of our website.
You agree to pay to us, on demand, as liquidated damages, the
sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual
damages for each and every breech of this provision.
LICENSE TO HYPERLINK
We hereby grant you a limited license to hyperlink to our website's
main top level page without specific permission; however, we reserve the right to deny such
linking if, in our opinion, such linking is harmful to us for any reason. Hyperlinking refers to
the furnishing of a link in one web document that causes another web document to load into the
user's web browser when the user performs some action such as a mouse click. If you
intend to hyperlink to our website, you should provide us written notice of your intention to do
so. You must agree to discontinue hyperlinking immediately upon notification by us by any
means--your failure to do shall be considered an unlawful use of our website.
You agree to pay to us, on demand, as liquidated damages, the
sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual
damages for each and every breech of this provision.
DEEP LINKING PROHIBITED
You are hereby prohibited from deep linking to any internal
web page, object, image, or other feature of our website without our express
license to do so. Deep linking refers to accessing internal content of our
website directly without accessing our top level page first, then navigating to
the desired content. We deem deep linking as theft of our bandwidth.
You agree to pay, on demand, as liquidated damages, the sum of ten thousand
U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for
each and every breech of this provision.
FRAMING PROHIBITED
You are hereby prohibited from "framing" any page on our
website without express written authorization. Framing refers to the
practice of targeting a HTML frame contained in an HTML frameset to a page or
pages from another website to give the appearance that the framed content is a
part of that website.
You agree to pay, on demand, as liquidated damages, the sum of ten thousand
U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for
each and every breech of this provision.
COMMERCIAL USE PROHIBITED
Except where an express written agreement has been entered
into between us and an authorized Licensee, no person shall have the right to
use our information and content for commercial or public use including
broadcasting, copying, saving, printing, selling, publishing, or other means
either mechanically or electronically. You become a Licensee when
you have requested and been granted limited permission to use all
or a portion of the information or content furnished by our website in exchange
for some consideration and for an approved purpose.
You agree to pay to us, on demand, as liquidated damages,
the sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and
actual damages for each and every breech of this provision.
THEFT OF INTELLECTUAL PROPERTY PROHIBITED
You are hereby prohibited from the unauthorized use of our website
content and intellectual property. We deem such use as theft and will be prosecuted as such.
You acknowledge that you are aware that substantial and severe criminal and civil
consequences exist for unlawful use of our provided content.
DISCLAIMER FOR SITE CONTENT
While we strive to provide accurate information,
we hereby disclaim any responsibility for the accuracy of the content of this
website. You hereby assume all risk of viewing, reading, using, or relying upon this information.
Absent an express contract to the contrary, you have no right to rely on any information contained herein as
accurate and no such warranty should be construed.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER HARDWARE OR SOFTWARE
We assume no responsibility for damage caused to your
computer hardware or software or to any person the
you subsequently communicate with from corrupt code or data inadvertently
transmitted from our website including but limited to viruses, worms, trojans,
spyware, or other corrupting factors. You agree to view and
interact with our website at your own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
We make no express or implied warranty that downloads are free of
corrupting computer codes, including, but not limited to, viruses and worms.
You understand and agree that you can only download information from our site at
your own risk.
LIMITATION OF LIABILITY
You forever waive all right to claims of damage of any and all
description based on any causal factor resulting in any possible harm, no matter how
heinous or extensive, whether physical or emotional, foreseeable or unforeseeable,
whether personal or business in nature as the result of viewing, using, or interacting
in any manner with our website or any of its features, products, or services.
INDEMNIFICATION
You agree that in the event you cause
damage to either our website or anyone else's as a result of that action, which
we are required to pay, you promise to reimburse us for all costs expended. Among others, this could
include implantation of worms, viruses, or other malicious objects.
You agree that any communication between you and us is deemed a
submission. You agree that all submissions, including portions thereof, graphics contained
thereon, or any of the content of the submission, shall become our exclusive property and
may be used, without further permission, for commercial use without additional consideration
of any kind. You agree to only communicate that information to us which you wish to forever allow
us to use in any manner we see fit.
REVISIONS TO THIS TERMS OF USE AGREEMENT WITHOUT NOTICE
This Terms of Use agreement is dynamic and subject to continual change. You may
not assume that it remains the same and you agree that you have an affirmative duty to review this
Terms of Use agreement each time you visit our website. Unless, in our sole opinion, this policy changes so
drastically as to suggest a posted notification on the website or via email, you will receive
no notification of changes to this Terms of Use agreement nor, under any circumstances, do
we promise notification. By continuing to view and use our website, you accept
the terms this Terms of Use agreement or any modifications thereto.
DISPUTE RESOLUTION
You understand and agree to use binding arbitration
for any claim, dispute, or controversy of any kind,
whether in contract, tort, or equity, arising out of or relating to your use of
our Website in any manner with respect to all matters of privacy or solicitation
or relating to the terms of this Terms of Use agreement.
Arbitration shall be conducted pursuant to the rules of
the American Arbitration Association which are in effect on the date a dispute
is submitted to the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605, telephone (212) 716-5800, on the web at
www.adr.org.
All hearings shall take place in the city or county of our stated location.
In addition, you understand and agree:
that under no condition shall disputes be taken to court or by heard by jury trial;
that all pretrial discovery shall be limited to those provided in the the American Arbitration Association rules;
that you have no right to participate as a class representative or as a member of any class of claimants
pertaining to any claim against us;
that the Arbitrator's decision will be final and binding with limited appellate rights; and
that each party shall be responsible for their respective share of the arbitrator's fees as
provided in the American Arbitration Association rules;
that the prevailing party shall be reimbursed by the other party for any
and all costs associated with the dispute arbitration, including attorney fees, collection fees,
investigation fees, and travel expenses.
JURISDICTION AND VENUE
You understand and agree that any dispute concerning this Terms of Use
agreement that cannot be resolved through binding arbitration shall be brought in a court of competent
jurisdiction and venue appropriate to our location as stated herein.
APPLICABLE LAW
You understand and agree that this Terms of Use agreement shall be
interpreted under United States and Ohio law.
ENTIRE AGREEMENT
This Terms of Use agreement along with the the Privacy Policy,
Purchase Agreement, and Copyright Notice constitutes the entire agreement between the parties and may
not be amended or modified except in writing and signed by both parties. No oral representations shall affect the substance of
this agreement.
These documents are legally binding contractual agreements. You should print out a copy of
them and retain with your important legal papers.
SEVERABILITY
You understand and agree that if any portion of this Terms of Use agreement shall be
deemed illegal or unenforceable by a court of competent jurisdiction, only that portion
of this agreement shall be struck and only to the extent necessary
to bring it into conformance with the law. The remainder of this agreement
shall continue unchanged with full force and effect.
QUESTIONS, COMMENTS, OR CONCERNS
You should direct questions, comments, or concerns about this Terms
of Use agreement to our Designated Agent at the address listed below.
WEBSITE PROVIDER CONTACT INFORMATION
COPYRIGHT AND LICENSE
This Terms of Use agreement is the copyrighted intellectual property
of SPS Technical Service, 41 West Sixth Street, Franklin, Ohio 45005, USA,
telephone (937) 514-2350, email: terms@spstechnical.com
and a license has been granted for limited use by this Website. Any other use is prohibited without
the express written consent of the copyright owner. All rights are reserved without exception.