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DEUS Rescue Website Terms
and Conditions of Use
This website, including any subsite accessible
through the homepage (the "Site"), is
published and maintained by subsidiaries, affiliates
and/or related entities of Spidescape Descent Systems,
Inc. ("Spidescape"). Please note that
when you enter any subsite accessible through this
homepage, such subsite may have its own terms and
conditions of use which are specific to such subsite.
When you access, browse, or use this Site, you
accept, without limitation or qualifications, the
terms and conditions set forth below and any additional
terms and conditions of use set forth in any subsite.
Your Right to Use the Site and Its Contents
This Site is only for your personal use. You may not distribute, exchange,
modify, sell or transmit anything you copy from this Site, including but
not limited to any text, images, audio and video for any business, commercial,
or public purpose. As long as you comply with the terms of these Terms and
Conditions of Use, Spidescape grants you a non-exclusive, non-transferable,
temporary, revocable, limited and personal right to enter, display and use
this Site, and download, display, view and print the Content (as defined
below) for your own personal and non-commercial uses, provided that you do
not modify the Content, remove any copyright, trademark or other proprietary
notices or copy or use the Content in any other matter. All rights not expressly
granted are reserved. You agree not to interrupt or attempt to interrupt
the operation of this Site in any way. Any other copying, reproduction, publication
or republication, modification, download, upload, posting, distribution,
dissemination or transmission of the Content is prohibited and constitutes
infringement and violation of the intellectual property and other rights
of Spidescape. Framing of the Content of this Site or linking to this Site
without the express permission of Spidescape is prohibited. If you wish to
link to this Site, please contact us at info@spidescape.com
Password
You are responsible for maintaining the confidentiality of your password used
to register for and access your customer account. You shall be responsible
for all uses of your registration, whether or not authorized by you. You
agree to immediately notify Spidescape of any unauthorized use of your registration
or password. You agree not to share your password with any third party or
use it for any unauthorized purpose.
Ownership
All material on this Site, including but not limited to audio, images, software,
text, information, documents, graphics and video clips (the "Content"),
are the exclusive property of Spidescape or its licensors, and protected
by copyright under U.S. copyright law, international conventions, and other
copyright laws. You cannot use the Content, except as specified herein. You
agree to follow all instructions on this Site limiting the way you may use
the Content. There are a number of proprietary logos, service marks and trademarks
found on this Site. By making them available on this Site, Spidescape is
not granting you any license to utilize those proprietary logos, service
marks or trademarks. Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity, and civil and criminal
statutes.
Rules for Chatrooms, Bulletin Boards, Blogs
and Other User Supplied Material
This website may have an area which allows you to "chat," "blog" or
upload and download materials. When using any of these areas, you agree not
to post, send, transmit, upload or otherwise publish through this Site, any
materials that (1) interfere with anyone else's use of the Site; (2) are abusive,
illegal, indecent, obscene, offensive or threatening in any way; (3) encourage
anyone to break the law; (4) violate anyone's copyright or other property right;
(5) interfere with the privacy of any other user; (6) contain a virus or any
other harmful component; or (7) contain false or misleading statements of fact
or descriptions of the origin of the material or the communications. You agree
to comply with any additional terms which are referred to on this Site or any
subsite within the website.
Responsibility for User's Material
You are prohibited from posting or transmitting any incomplete, false or inaccurate
biographical information, or any defamatory, libelous, obscene, pornographic,
profane, threatening, or unlawful material or any material that could constitute
or encourage conduct that would be considered a criminal offense or give
rise to civil liability, or otherwise violate any law. Although Spidescape
may from time to time monitor or review bulletin boards, chatrooms, blogs,
discussions, postings, transmissions, and the like on the Site, Spidescape
is under no obligation to do so and assumes no liability or responsibility
arising from the contents of any such communications or for any defamation,
error, inaccuracy, libel, obscenity or profanity contained in any such communication.
Spidescape may change, edit or remove any user material or conversations
that are illegal, indecent, obscene or offensive, or that violate Spidescape's
policies in any way. Spidescape will fully cooperate with any law enforcement
authorities or court order requesting or directing Spidescape to disclose
the identity of anyone posting such materials. Spidescape does not represent
or guarantee the truthfulness, accuracy or reliability of any communication
posted by users or any other user supplied material, or endorse any opinions
expressed by users. You acknowledge that any reliance on material posted
by other users will be at your own risk.
Spidescape's Rights to User's Material
If you send any communications or materials to the Site by electronic mail
or otherwise including any comments, data, questions, suggestions, or the
like, all such communications are, and will be treated as, non-confidential
and non-proprietary. Thus, you give up any claim that any use of such material
by Spidescape violates any of your rights including moral rights, privacy
rights, proprietary or other property rights, publicity rights, rights to
credit for material or ideas, or any other right, including the right to
approve the way Spidescape uses such material.
You acknowledge and agree that any material submitted
to this Site by you may be adapted, broadcast,
changed, copied, disclosed, licensed, performed,
posted, published, sold, transmitted, or used by
Spidescape anywhere in the world, in any medium,
forever. Furthermore, you agree that Spidescape
is free to use, without any compensation to you,
any concepts, ideas, know-how, or techniques contained
in any communication you send to the Site for any
purpose whatsoever, including but not limited to
developing, manufacturing and marketing products
using such information. However, you agree and
understand that Spidescape is not obligated to
use any such ideas or materials, and you have no
rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand
that any message or information you send to this Site may be read or intercepted
by others. Sending a message to Spidescape does not cause Spidescape to have
any special responsibility to you.
Links
This website may contain links to other Internet sites on the World Wide Web.
Spidescape provides such links for your convenience only, and is not responsible
for, nor does it make any representation whatsoever regarding, the content
or accuracy of materials or information on any website linked to or from
this Site, or the availability of such third party websites. Links from this
Site to any other website do not mean that Spidescape approves of, endorses
or recommends that website. Spidescape disclaims all warranties, express
or implied, as to the accuracy, legality, reliability or validity of any
content on any other website. If you decide to access linked third party
websites, you do so at your own risk.
Current Customer Contacts
This website allows you to access a list of some of Spidescape's current customers
and their contact information, for the purposes of contacting them for information
about their experience with Spidescape products. If you contact any of these
current customers, you agree that your communication with them will not be
false, misleading, abusive, illegal, indecent, obscene, offensive or threatening
in any way. Spidescape does not represent or guarantee the truthfulness,
accuracy or reliability of communications between you and a current customer,
or endorse any opinions expressed by a current customer. You acknowledge
that any reliance on any communication or information from a current customer
will be at your own risk.
Availability of Products and Services
The products and services displayed on the Site may not be available for purchase
in your particular country or locality. The reference to such products and
services on the Site does not imply or warrant that these products or services
will be available at any time in your particular location. You should check
with your local Spidescape authorized representative for the availability
of specific products and services in your area.
Training and Product Demonstration Videos
This Site may contain product demonstration videos and other videos from time
to time for personal viewing. These videos are merely for information purposes
only, and are in no way meant to provide sufficient training for any of Spidescape's
products. You agree that you will not act, or refrain from acting, in reliance
on or based on the videos, and will not rely on the videos as a substitute
for proper training of Spidescape's products by Spidescape Approved Trainers.
Spidescape strongly recommends repetitive and frequent training with all
of its products. To discuss your training needs, or for the names of Spidescape
Approved Trainers, contact Spidescape toll free at 866-405-3461 or email
us at training@spidescape.com. Spidescape expressly disclaims any and all
liability from your reliance on any of the videos in any way, including,
without limitation, reliance with respect to the training or use of any Spidescape
products.
Spidescape's Right to Change These Terms and
Conditions of Use or Content on the Site
Spidescape may add to, change, or remove any part of these Terms and Conditions
of Use at any time, without notice. Any changes to these Terms and Conditions
of Use or any terms posted on this Site apply as soon as they are posted. By
continuing to use this Site after any changes are posted, you are indicating
your acceptance of those changes. Spidescape may add, change, discontinue,
remove or suspend any other Content posted on this Site, including without
limitation, features and specifications of products described or depicted on
the Site, temporarily or permanently, at any time, without notice and without
liability to you.
Indemnification
You agree to indemnify, defend and hold Spidescape and all of its agents, directors,
employees, information providers, licensors and licensees, officers, and
parent (collectively, "Indemnified Parties"), harmless from and
against any and all liability and costs (including, without limitation, attorneys'
fees and costs), incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of these Terms and Conditions of Use
or the foregoing representations, warranties and covenants. You will cooperate
as fully as reasonably required in Spidescape's defense of any claim. Spidescape
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and you
shall not in any event settle any matter without the prior written consent
of Spidescape.
Disclaimer of Warranties and Damages; Limitation
of Liability
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND
FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS
IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WITH REGARD TO THE CONTENT
ON THIS SITE, SPIDESCAPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINK WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, (1) FOR THE ACCURACY, RELIABILITY, COMPLETENESS,
CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE; (2) THAT THE SITE
AND THE SERVER THAT MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN
HORSES, SPYWARE, MALWARE OR ANY OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE
DAMAGE TO YOUR COMPUTER EQUIPMEN OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE,
DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED
TO SPIDESCAPE'S NEGLIGENCE, SHALL SPIDESCAPE BE
LIABLE FOR ANY CONDEQUENTIAL, DIRECT, INCIDENTAL,
INDIRECT, PUNITIVE OR SPECIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF DATA,
LOSS OF BUSINESS OR OTHER PECUNIARY OF ECONOMIC
LOSS RELATED TO (A) THE USE OF, (B) THE INABILITY
TO USE, OR (C) ERRORS OR OMISSIONS IN THE SITE
OR THE CONTENTS AND FUNCTIONS OF THIS SITE, EVEN
IF SPIDESCAPE OR AN AUTHORIZED REPRESENTATIVE THEREOF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NO ALLOW THE EXCUSION OR LIMITATION
OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
AVOVE LIMITATION OR EXXLUSION MAY NOT APPLY TO
YOU. IN NO EVENT SHALL SPIDESCAPE'S TOTAL LIABILITY
TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION(WHETHER
IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
General Provisions
These Terms and Conditions of Use and any additional terms posted on this Site
together constitute the entire agreement between Spidescape and you with
respect to your use of this Site. Any cause of action you may have with respect
to your use of this Site must be commenced within one (1) year after the
claim or cause of action arises. If for any reason a court of competent jurisdiction
finds any provision of these Terms and Conditions of Use, or portion thereof,
to be unenforceable, that provision shall be enforced to the maximum extent
permissible so as to effect the intent of this agreement, and the remainder
of these Terms and Conditions of Use shall continue in full force and effect.
These Terms and Conditions of Use shall be governed by and construed in accordance
with the laws of the State of Colorado, United States of America, without
reference to its conflicts of law rules.
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