Agreement. This Agreement (the ‘‘Agreement’’) specifies the Terms and Conditions for access to and use of spsinc.net and describes the terms and conditions applicable to your access of and use of this Site. This Agreement may be modified at any time by Strategic Project Solutions, Inc. (“SPS”), the operators of spsinc.net, upon posting of a modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at http://www.spsinc.net/terms-of-use. Each use by you of this Site shall constitute and be deemed your unconditional acceptance of this Agreement.
Third Party Content. spsinc.net and the content available on the Site may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Spsinc.net. Your interaction with organizations and/or individuals found through the Site are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that SPS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between users of the Site and any third party, you understand and agree that SPS is under no obligation to become involved. In the event that you have a dispute with one or more third parties, you hereby release SPS, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or use of this Site.
Ownership. All content included on this Site is and shall continue to be the property of SPS, and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
Trademarks. SPS and spsinc.net, are either trademarks or registered trademarks of SPS. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Site Use. SPS grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Website is at the discretion of SPS, and SPS may terminate your use of this Site at any time.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
Indemnification. You agree to indemnify, defend and hold SPS and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN ‘‘AS IS,’’ ‘‘AS AVAILABLE’’ BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SPS DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SPS OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, or that violates your intellectual property rights, please notify SPS’s agent for notice of claims of copyright or other intellectual property infringement (the “Agent”), at email@example.com. Please provide the Agent with the following Notice: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your address, telephone number, and e-mail address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. SPS will remove any infringing material, subject to the procedures outlined in the Digital Millennium Copyright Act, 17 U.S.C. ¡× 1201.
Applicable Law. You agree that this Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of laws provision. You consent to the exclusive jurisdiction of the courts of the State of California, City and County of San Francisco, and the federal courts situated therein, in connection with any action arising from or in connection with this Agreement.
Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Termination. SPS may terminate this Agreement at any time, with or without notice, for any reason.