The following are terms of a legal agreement (“Agreement”) between you and Spire Consulting Group. By accessing, browsing, surfing, viewing and using this web site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Read this Agreement carefully and be aware that Spire Consulting Group may amend this Agreement at any time without notice by posting the amended terms on this Site. Amendments shall become effective immediately upon posting.
Copyright and Use of Site Content
The copyright in all materials provided on this Site is owned by Spire Consulting Group. Except as stated herein, this site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Spire Consulting Group, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. This permission terminates immediately if you breach this Agreement. You may not “mirror” or duplicate any material contained on this Site without Spire Consulting Group’s prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including, but not limited to, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Spire Consulting Group or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
How Spire Consulting Group Uses and Shares Information
Spire Consulting Group takes user privacy very seriously because Spire Consulting Group knows that your privacy on the web is very important to you. You can visit this Site without telling Spire Consulting Group who you are or providing Spire Consulting Group with any information. However, when you request information from Spire Consulting Group and supply information that personally identifies you or allows Spire Consulting Group to contact you, you are agreeing to share that information with Spire Consulting Group, its agents, representatives, attorneys and affiliates. The personally identifiable information that is collected by Spire Consulting Group includes, but is not limited to, your name, mailing address, e-mail address, telephone and fax numbers and may also include the status of cookies placed on your computer.
Spire Consulting Group uses your personally identifiable information to fulfill your requests for information and for other business purposes as you may solicit. Spire Consulting Group aggregates this personally identifiable information and may disclose such information to third parties for marketing and promotional purposes. Unless you consent to such disclosure, Spire Consulting Group shall not intentionally disclose or communicate to any third party your personally identifiable information except if required to do so by law or in the good faith belief that such action is necessary to comply with law or to protect and defend Spire Consulting Group’s rights or property.
Visitors Postings and Submissions
You acknowledge and agree that Spire Consulting Group owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site or send to Spire Consulting Group. You hereby waive any claim against Spire Consulting Group for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Spire Consulting Group’s use and publication of such submissions. By submitting any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, “Submissions”), you automatically grant to Spire Consulting Group a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you to Spire Consulting Group shall be owned by Spire Consulting Group and may be used by Spire Consulting Group for any purpose, now or in the future, without any payment to or further authorization by you. You covenant that you shall not post or otherwise publish on this Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute or that encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iii) infringe the intellectual property, privacy or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Spire Consulting Group reserves the right to refuse to post and the right to remove any Submissions or other information, in whole or in part, for any reason.
Third Party Links
This Site may contain links to third party web sites. Spire Consulting Group makes no representations whatsoever about any other web site which you may access through this Site. When you access a third party web site, understand that it is independent from Spire Consulting Group and that Spire Consulting Group has no control over the content on that web site even if Spire Consulting Group provides information or services to the owner of that web site. In addition, a link to a third party web site does not mean that Spire Consulting Group endorses the content of such web site or accepts responsibility for your use of such web site. If a link has been provided from this Site to a third party site, and the third party site wishes for the link to be removed, the site may contact Spire Consulting Group’s at firstname.lastname@example.org. However, if the third party does not request the links removal from this Site then the third party endorses the link.
This Site may have inbound links from third party web sites. Spire Consulting Group makes no representations whatsoever about any web site which may have provided you a link to this Site. A link to this Site does not mean that Spire Consulting Group endorses the content of such web site or accepts responsibility for your use of such web site.
Site Access and Errors
There may be delays, omissions or inaccuracies in information obtained by you through your use of this Site. Spire Consulting Group may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your computer system, software, data or operations. You shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your computer system, software or data.
Reliance of Information
Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Spire Consulting Group does not represent or endorse the accuracy or reliability of such information that is posted, displayed, uploaded, downloaded or distributed through this Site by Spire Consulting Group, any user, information provider or any other person or entity. You acknowledge that any reliance upon such information shall be at your sole option and risk.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPIRE CONSULTING GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS CONTENT PROVIDED ON THIS SITE HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITIY, ACCURACY, COMPLETENESS, CONDITION, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFOMANCE, INCLUDING ANY WARRANTY REGARDING ANY BENEFIT THAT MIGHT BE OBTAINED FROM THE SERVICES PROVIDED HEREUNDER. FURTHERMORE, SPIRE CONSULTING GROUP DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SPIRE CONSULTING GROUP OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, EVEN IF SPIRE CONSULTING GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPIRE CONSULTING GROUP’S AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless Spire Consulting Group and its subsidiaries, affiliates, officers, directors, investors, employees, representatives, and attorneys (collectively, the “Indemnified Parties”) from and against any and all liability, damages and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as required in the defense of any such claim. Spire Consulting Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement and Governing Law
This Agreement is governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. Any claims or disputes arising out of, or relating to Spire Consulting Group’s Site, shall be subject to and decided by arbitration in accordance with the Commercial Rules of the American Arbitration Association currently in effect. The arbitration shall be held in the United States, in Austin, Texas, before a panel of three arbitrators. Each party shall bear its own expense of arbitration. The arbitrators may award pre-award interest but shall not award consequential or punitive damages. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.
Notices of Infringement
Spire Consulting Group prohibits the posting of any information that infringes or violates the copyright rights and other intellectual property rights (including rights of privacy and publicity) of any third party. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you must notify Spire Consulting Group of your infringement claim in accordance with the following procedure. Spire Consulting Group shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed infringement should be sent to this Site’s Designated Agent who is:
Spire Consulting Group
114 West 7th Street, Suite 1300
Austin, TX 78701
phone: (512) 774-6076
fax: (512) 637-0846
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
United States law provides significant penalties against those who submit false statements.
This Agreement constitutes the entire agreement between you and Spire Consulting Group with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by Spire Consulting Group.