BY
USING THE Calibrated S.P.S. WEBSITE YOU AGREE TO FOLLOW AND BE BOUND BY THESE
TERMS OF USE. IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT USE THE
SITE. Please review these Terms regularly, as they may change
anytime. By using the Site after a change in the Terms, you agree to
follow and be bound by the Terms as changed.
THE SITE: The
Site includes everything posted on or provided through pages posted on
the Calibrated S.P.S. website at http://www.calibratedsps.com,
including but not limited to the following: CONTENT: Everything
you see, hear, or otherwise receive from or on the Calibrated S.P.S.
website. Content includes but is not limited to all software, images,
graphics, logos, text, documents and all services provided through the
website.
INTELLECTUAL PROPERTY:
Unless otherwise noted, all Content is copyright, trademark,
intellectual property owned or licensed by Calibrated S.P.S. or its
licensors and protected under U.S. and international laws and are
registered trade names of Calibrated S.P.S. All other trademarks, logos, images and content used on
the Site are the property of their respective owners.
CONDITIONS WHILE USING THIS SITE:
Make only lawful use of the Calibrated S.P.S. Web Site.
Do
not create multiple accounts, or create false profiles.Violate no one
else’s rights, including copyright, trademark, and privacy.
Do
not portray Calibrated S.P.S., its affiliates or licensors, or their
products or services, in a false, misleading, derogatory, or offensive
way on this site or any other website.
Abide by all applicable laws, rules and regulations regarding Spam (commercial e-mail).
Send e-mails only to recipients with whom you have a prior business relationship.
Send no e-mails to recipients who have asked that you stop sending them e-mails.
Do
not use a false e-mail address, impersonate any person or entity, or
otherwise mislead anyone as to the origin of your services or of any
Content.
Do not copy, change, translate, decompile,
disassemble, reverse engineer, loan, lease or sublicense software
obtained from the Site or any copy thereof.
You may not upload,
post, transmit, distribute or otherwise publish on or to the Site any
of the following: Software virus or other harmful component.
Advertising or commercial material content of any kind, except as
expressly invited by Calibrated S.P.S.. False, threatening, libelous,
defamatory, pornographic, obscene or otherwise unlawful material.
Calibrated S.P.S. is not responsible for the conduct of any person using the Site.
SYSTEM AND NETWORK SECURITY:
Violations of system or network security are prohibited, and will
result in criminal and civil liability. Examples include, but are not
limited to the following: Unauthorized access, use, probe, or scan of a
systems security or authentication measures, data or traffic.
Interference with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate attempts to
overload a system and broadcast attacks, forging of any TCP-IP packet
header or any part of the header information in an email or a newsgroup
posting.
CALIBRATED S.P.S. will
not tolerate attempts to exploit or disrupt the layout, navigability,
or general use of the site. Artificial manipulation of the system by
means of extra accounts, facetious use, hacking or other intentional
misuse will be treated as an exploit. Any such actions that disrupt the
site and or limit access and are considered Site Abuse.
CALIBRATED
S.P.S. will issue no warnings for violations of this nature. Violators
will be banned immediately upon the discovery of disruption or abuse.
Legal actions will also be taken.
DISCLIAMERS AND LIABILITY LIMITATIONS:
YOU USE THE SITE AND SOFTWARE SOLELY AT YOUR OWN RISK. Calibrated
S.P.S. PROVIDES THE SITE AND SOFTWARE “AS-IS,” AND DISCLAIMS ALL
EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT
LIMITED TO ACCURACY, COMPLETENESS, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT WILL CALIBRATED S.P.S. OR ITS LICENSORS BE LIABLE UNDER ANY
THEORY FOR ANY DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE THE
SITE, OR SOFTWARE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST
PROFITS OR LOSS OF OR DAMAGE TO PROPERTY, EVEN IF CALIBRATED S.P.S. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If you are dissatisfied with the Site or any of the Terms, your sole and exclusive remedy is to stop using the Site. Some
states do not allow certain limitations on implied warranties or
certain damages, so some of the above exclusions may not apply to you.
INDEMNIFICATION:
You agree to defend, indemnify and hold harmless Calibrated S.P.S. and
its officers, directors, owners, agents, employees, affiliates,
licensees and licensors from and against any and all claims, damages,
costs and expenses, including reasonable attorneys’ fees, arising from
or related to your use of the Site or Software, and for your violation
of any of the Terms.
TERMINATION:
Your failure to comply with any of the Terms automatically revokes your
authorization to use the Site, and Software, and terminates any and all
rights granted to you under the Terms. Various parts of these Terms
will continue in force and effect upon termination of your rights,
according to their nature, including restrictions, disclaimers,
liability limitations and indemnification obligations. Upon
termination, you must promptly destroy all Content and Software
downloaded or obtained from this Site, as well as all copies of any
Content or Software. Calibrated S.P.S. may change, suspend or
discontinue or restrict any Site feature at any time without prior
notice.
APPLICABLE LAW AND DISPUTE RESOLUTIONS:The
Terms will be construed according to the laws of the State of Ohio,
U.S., without regard to its conflicts of laws principles. Any dispute
arising under or relating to the Site, Software, Products or Terms
shall be resolved by a court of competent jurisdiction located in
Franklin County, Ohio. Your use of the Site, Products or Software
constitutes your consent to submit to the jurisdiction and venue of the
state and federal courts located in Ohio. In the event of a dispute
hereunder, the prevailing party shall be entitled to recover its costs
and expenses incurred, including reasonable attorneys’ fees.
MISCELLANEOUS:
If any provision or portion of the Terms is found to be void or
unenforceable, that provision or portion will be Enforced to the
maximum extent allowed to effect the intent of the Terms, and the
remainder of the Terms will remain in full force and effect. No waiver
of any Terms shall be effective unless in writing and signed by both
parties. No waiver of any past or present right arising from any breach
or failure to perform shall be deemed to be a waiver of any future
right arising under the Terms. The Terms are the entire agreement
between you and Calibrated S.P.S. relating to the Site, and Software.
Any prior agreement between you and Calibrated S.P.S. regarding the
subject matter of the Terms is superseded and has no force or effect.
All rights not expressly granted herein are reserved.
