The following document
outlines the terms of use for our site. You should read this document and accept
the terms of use before viewing any content on this site. Due to the nature
of our products special attention should be paid to Part 25
EXPORT DISCLAIMER of this document. SPI CORP will not export products or
information that is deemed to be in violation of US export control law. You
should check with the US Department of State and/or the US Department of Commerce
before viewing this site. SPI Corp reserves the right to report all violators
to the appropriate authorities.
Terms
of Use Agreement
Welcome to our site. We maintain this web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you do not agree
to these terms, you should not review information or obtain goods or products
from this site. The term “SPI CORP”, “us” or “our”
refers to Sierra Pacific Innovations Corp. The term “you” refers
to the user or viewer of our Web Site.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in
this Terms of Use Agreement (“Agreement”) with respect to our site
(the “Site”). This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will be posted
on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited. You do not acquire ownership
rights to any content, document or other materials viewed through the Site.
The posting of information or materials on the Site does not constitute a waiver
of any right in such information and materials.
3. Trademarks. “Spi Corp”, “Sierra Pacific
Corp”, “SPI”, “The Infrared Superstore” and others
are either trademarks or registered trademarks or service marks of Sierra Pacific
Innovations Corp. Other product and company names mentioned on the Site may
be trademarks or service marks of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use and not
for republication, distribution, assignment, sublicense, sale, preparation of
derivative works or other use. No part of any content, form or document may
be reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale
or redistribution). No print out or electronic version of any part of the Site
or its contents may be used by you in any litigation or arbitration matter whatsoever
under any circumstances.
5. Editing, Deleting and Modification. We reserve the right
in our sole discretion to edit or delete any documents, information or other
content appearing on the Site.
6. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials or
documents (collectively defined as “Content and Materials”) therein
are subject to the following restrictions and prohibitions on use: You may not
(a) copy, print (except for the express limited purpose permitted by Section
4 above), republish, display, distribute, transmit, sell, rent, lease, loan
or otherwise make available in any form or by any means all or any portion of
the Site or any Content and Materials retrieved from it; (b) use the Site or
any materials obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for commercial
distribution of any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use any Content and Materials
from the Site in any manner that may infringe any copyright, intellectual property
right, proprietary right, or property right of us or any third parties; (e)
remove, change or obscure any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any automatic or manual
process to harvest information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited commercial email;
(2) email that makes use of headers, invalid or nonexistent domain names, or
other means of deceptive addressing; and (3) unsolicited telephone calls or
facsimile transmissions; (j) use the Site in a manner that violates any state
or federal law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control laws or
regulations of the United States.
7. Indemnification. You agree to indemnify, defend and hold
us and our partners, attorneys, staff and affiliates (collectively, “Affiliated
Parties”) 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.
8.__Nontransferable. Your right to use the Site is not transferable.
Any password or right given to you to obtain information or documents is not
transferable.
9. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure,
by framing or otherwise, advertisements, the copyright notice, or other notices
on the Site, (b) your site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately upon request
by us.
10. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING
BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES CONTAINING
PROUCT OR TRAINING INFORMATION OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE
TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
11. Use of Information.
We reserve the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by you in
any manner consistent with our Privacy Policy.
12. Registration.
Certain sections of, or offerings from, the Site may require you to register.
If registration is requested, you agree to provide us with accurate, complete
registration information. Your registration must be done using your real name
and accurate information. Each registration is for your personal use only. We
do not permit (a) any other person using the registered sections under your
name; or (b) access through a single name being made available to multiple users
on a network. You are responsible for preventing such unauthorized use.
13. Errors, Corrections
and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses
or other harmful components, or that defects will be corrected. We do not represent
or warrant that the information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right in our
sole discretion to edit or delete any documents, information or other content
appearing on the Site.
14. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this
Agreement and to take any action we deem appropriate, including but not limited
to reporting any suspected unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses, usage
history, posted materials, IP addresses and traffic information.
15. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party suppliers
of information and documents, attorneys, advertisers, product and service providers,
and affiliates (collectively, "Affiliated Parties") 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.
16. Third-Party Services.
We allow access to or advertise third-party merchant sites (“Merchants”)
from which you may purchase certain goods or services. You understand that we
do not operate or control the products or services offered by Merchants. Merchants
are responsible for all aspects of order processing, fulfillment, billing and
customer service. We are not a party to the transactions entered into between
you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS
BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES
OR ANY OTHER SITE LINKED TO OUR SITE.
17. Third-Party Merchant
Policies. All rules, policies (including privacy policies) and operating procedures
of Merchants will apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are independent
contractors and neither party has authority to make any representations or commitments
on behalf of the other.
18. Privacy Policy. Our
Privacy Policy, as it may change from time to time, is a part of this Agreement.
19. Payments. You represent
and warrant that if you are purchasing something from us or from Merchants that
(i) any credit information you supply is true and complete, (ii) charges incurred
by you will be honored by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including any applicable taxes.
20. Securities Laws. This
Site may include statements concerning our operations, prospects, strategies,
financial condition, future economic performance and demand for our products
or services, as well as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like “anticipates,” “expects,”
“believes,” “estimates,” “seeks,” “plans,”
“intends” and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute
an offer or a solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
21. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement of the linked Web
site by us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
22. Copyrights and Copryright
Agents. We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide our Copyright Agent the following information:
(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 email 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.
Send Notice of claims of copyright infringement on the Site to copyright@x20.org
22. Refund Policy. If a
product purchased by you proves to be defective or not to your reasonable satisfaction,
you can contact us to arrange a return of the product within 2 days of receipt.
A re-stocking fee of up to 25% may apply. All returns must be accompanied by
an RMA #. You can obtain an RMA # by contacting us at 702-369-3966. Upon return
of the product and provided that it is in the same condition as delivered (determined
at the sole discretion of SPI CORP), we will provide you a credit for other
purchases on the Site (less shipping and handling charges incurred). This Section
17 sets forth your sole and exclusive right to refund and return.
23. Information and Press
Releases. The Site contains information and press releases about us. While this
information was believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed by us.
24. Miscellaneous. This
Agreement shall be treated as though it were executed and performed in Las Vegas,
NV, and shall be governed by and construed in accordance with the laws of the
State of Nevada (without regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any information, products or
services related thereto) must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions shall be subject
to the limitations set forth in Section 8 and Section 10. The language in this
Agreement shall be interpreted as to its fair meaning and not strictly for or
against either party. All legal proceedings arising out of or in connection
with this Agreement shall be brought solely in Las Vegas, Nevada. You expressly
submit to the exclusive jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce any provision of
this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
25.
EXPORT DISCLAIMER. Products, services and/or software represented on this site
may be subject to US export control laws. The items may fall under the export
control laws governed by the BXA (Department of Commerce) or ITAR (International
Trade in Arms Regulations) governed by the United States Department of State.
SPI Corp will not provide products or information to parties that are restricted
by these regulations. Parties that are on the “Denied Persons”,
“Denied Entities” lists are restricted from viewing, downloading,
copying or using the information or products on our site for any purpose. All
products, services, information, software, downloads and other property on our
site is provided for convenience only to qualified parties for use that complies
with all local, state and federal regulations.
