Terms Of Use - Spring Of Knowledge
By Using The Spring Of Knowledge Web Site, You Agree To These Terms Of Use. If You Do Not Agree To These Terms Of Use, Please Do Not Use The Spring Of Knowledge Web Site.
Welcome to the Spring Of Knowledge Web sites (the "Site"). Through the Site, you have access to a variety of resources and content. These include: (a) software and software as a service offerings ("Software"); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and Webcasts, and documents such as press releases, white papers and product data sheets ("Materials"); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content." By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use").
1. Terms Applicable to Specific Content and Areas of the Site
Some areas of the Site or Content provided on or through the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or Content (including terms and conditions applicable to a corporation or other organization and its users). If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Site or Content.
2. Use of Software Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following: (a) the Software may be used solely for your personal, informational, noncommercial purposes; (b) the Software may not be modified or altered in any way; and (c) the Software may not be redistributed.
3. Use of Materials You may download, store, display on your computer, view, listen to, play and print Materials that Spring Of Knowledge publishes or broadcasts on the Site or makes available for download through the Site subject to the following: (a) the Materials may be used solely for your personal, informational, noncommercial purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed.
4. Use of Community Services Community Services are provided as a convenience to users and Spring Of Knowledge is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding Spring Of Knowledge products and services, including information from Spring Of Knowledge employees, they are not an official customer support channel for Spring Of Knowledge.
You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, noncommercial purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected except where expressly authorized by Spring Of Knowledge.
5. Reservation of Rights The Site and Content provided on or through the Site are the intellectual property and copyrighted works of Spring Of Knowledge or a third party provider. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and Spring Of Knowledge reserves the right to terminate the permissions granted to you in Sections 2, 3 and 4 above and your use of the Content at any time.
6. Security, Passwords and Means of Accessing the Site and Content You agree not to access or use the Site in any manner that could damage, disable, overburden, or impair any Spring Of Knowledge accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Site or any Spring Of Knowledge accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Site or any Spring Of Knowledge accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site or any Spring Of Knowledge accounts, computer systems or networks without Spring Of Knowledge's express written permission.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Spring Of Knowledge immediately of any unauthorized use of your password(s) or account(s).
7. No Unlawful or Prohibited Use You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
8. Indemnity You agree to indemnify and hold harmless Spring Of Knowledge, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, due to or arising out of Content that you Share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights.
9. Monitoring Spring Of Knowledge has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, Spring Of Knowledge reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.
10. Termination of Use Spring Of Knowledge may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that Spring Of Knowledge may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content. Spring Of Knowledge will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that Spring Of Knowledge shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.
11. Export Restrictions/Legal Compliance You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Spring Of Knowledge in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Spring Of Knowledge outside the U.S. Neither the services of Spring Of Knowledge nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
12. Applicable Laws All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of Arizona. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in Prescott, or Yavapai County, California. You and Spring Of Knowledge agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
