Acceptance of Terms. By using our website, you indicate your unconditional
acceptance of the following Terms of Service and our Privacy Policy. Please read the following Terms of Service and our Privacy Policy carefully,
as they may have changed since your last visit. The most recent version of these Terms
of Service may be viewed at http://www.Springpadit.com/terms.php and the most recent
version of our Privacy Policy may be viewed at http://www.Springpadit.com/privacy.php.
These Terms of Service and our Privacy Policy apply to all online services and features
unless otherwise indicated.
Scope of Service. Spring2 Partners, Inc. ("Springpad" or "we"), maintains this
website as a service to the user community that visits the site subject to these Terms of
Service. The term "website" includes all services and features available on
www.Springpadit.com or www.springpartners.com and each of their respective sub-
domains, including our online discussion forums and chat rooms. Users of this website
("you") are responsible for obtaining any equipment and Internet service necessary to
access our website and for any paying any fees for the equipment and service you select.
We may alter, suspend, or discontinue this website in whole or in part, at any time and for
any reason, without notice. The website may also periodically become unavailable due to
maintenance or malfunction of computer equipment or for other reasons.
Website Content.
Subject to these Terms of Service, Springpad hereby grants to you a personal,
non-transferable, non-exclusive right to access and use the Content of this website subject
to these terms and conditions. The term "Content" means all information, text, images,
trademarks, logos, data, links, software, or other material accessible through the website,
whether created by us or provided by another person for display on the website.
The Content may contain typographical errors, other inadvertent errors or
inaccuracies. We reserve the right to make changes to document names and content,
descriptions or specifications of products or services, or other information without
obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this
website, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No
part of this website or its Content may be reproduced or transmitted in any form, by any
means, electronic or mechanical, including photocopying and recording for any other
purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use this website or any Content
displayed on this website, through the use of framing or otherwise, except: (a) as
expressly permitted by these terms of use; or (b) with our prior written permission or the
permission of such third party that may own the trademark or copyright of material
displayed on this website.
Content Submitted by Users.
Accuracy. You may use this website without volunteering personally
identifiable information. Please refer to our Privacy Policy for additional information on
our practices for handling personally identifiable information. However, if you choose to
provide information to register for or participate in a service, event, or promotion on this
website, you agree that you will provide accurate, complete, and up to date information
as requested on the screens that collect information from you.
Liability. We are not responsible or liable for the conduct of users or for
views, opinions and statements expressed in Content submitted for public display through
our website, such as through an online discussion forum or chat room. We do not
prescreen information posted to online discussion forums or chat rooms. With respect to
such forums and chat rooms, we acting as a passive conduit for such distribution and are
not responsible for Content. Any opinions, advice, statements, services, offers, or other
information in Content expressed or made available by users of an online discussion
forum or chat room are those of the respective author(s) or distributor(s) and not of
Springpad. We neither endorse nor guarantee the accuracy, completeness, or usefulness
of any such Content. You are responsible for ensuring that Content submitted to this
website is not provided in violation of any copyright, trade secret or other intellectual
property rights of another person or entity. You shall be solely liable for any damages
resulting from any infringement of copyrights, trade secret, or other intellectual property
rights, or any other harm resulting from your uploading, posting or submission of Content
to this website.
Monitoring. We have the right, but not the obligation, to monitor Content
submitted to our website through an online discussion forum or chat room, to determine
compliance with these Terms of Service and any other applicable rules that we may
establish. We have the right in our sole discretion to edit or remove any material
submitted to or posted in any online discussion forum or chat room provided through this
website. Without limiting the foregoing, we have the right to remove any material that
Springpad, in its sole discretion, finds to be in violation of these Terms of Service or
otherwise objectionable, and you are solely responsible for the Content that you post to
this website.
Intellectual Property Rights.
Unless otherwise noted, all Content contained on this website is the property of
Springpad and/or its affiliates or licensors, and is protected from unauthorized copying
and dissemination by United States copyright law, trademark law, international
conventions and other intellectual property laws. Product names are trademarks or
registered trademarks of their respective owners.
By submitting any Content to us through the website, you grant us a world-wide,
royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce,
modify, adapt, create derivative works from, and publicly perform or display such
Content. This license shall remain in effect until we delete the Content from our systems.
Prohibited Conduct.
By accessing our website or any chat room, online discussion forum, or other
service provided through our website, you agree to abide by the following standards of
conduct. You agree that you will not, and will not authorize or facilitate any attempt by
another person to use our website or any related chat room or online discussion forum to:
Transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or
otherwise objectionable, as determined by Springpad.
Use a name or language that Springpad, in its sole discretion, deems
offensive.
Post defamatory statements.
Post hateful or racially or ethnically objectionable Content.
Post Content which infringes another's copyright, trademark or trade
secret.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten or intentionally embarrass or cause distress to another
person or entity.
Impersonate another person.
Promote, solicit, or participate in any multi-level marketing or pyramid
schemes.
Exploit children under 18 years of age.
Engage in disruptive activity such as sending multiple messages in an
effort to monopolize the forum.
Introduce viruses, worms, Trojan horses and/or harmful code to the
website.
Obtain unauthorized access to any computer system through the website.
Invade the privacy of any person, including but not limited to posting
personally identifying or otherwise private information about a person without their
consent (or their parent's consent in the case of a child under 13 years of age).
Solicit personal information from children under 13 years of age.
Violate any federal, state, local, or international law or regulation.
Encourage conduct that would constitute a criminal or civil offense.
Children.
This website is not intended for children under age 13. We do not knowingly
solicit personal information regarding children under age 13.
Copyright Infringement; Notice and Take Down Procedures.
If you believe that any materials on this website infringe your copyright, you may
request that they be removed. This request must bear a signature (or electronic
equivalent) of the copyright holder or an authorized representative and must include the
following information: (1) identification of the copyrighted work that you believe to be
infringed, including a description of the work and, where possible, a copy or the location
of an authorized version of the work; (2) identification of the material that you believe to
be infringing and its location, including a description of the material, its website location
or other pertinent information that will help us to locate the material; (3) your name,
address, telephone number, and email address; (4) a statement that you have a good faith
belief that the complained of use of the materials is not authorized by the copyright
owner, its agent, or the law; (5) a statement that the information in your claim is accurate;
and (6) a statement that "under penalty of perjury," you declare that you are the lawful
copyright owner or are authorized to act on the owner's behalf. Please contact Spring
Partners' Copyright Agent for Notice of Claims of copyright infringement at:
info@springpadit.com
In an effort to protect the rights of copyright owners, we maintain a policy for the
termination, in appropriate circumstances, of users of this website who are repeat
infringers.
Security.
When you register to participate in an online discussion forum, chat room,
promotion, or other service offered on this website, you may be required to establish a
login identifier and a password. You are responsible for protecting your login and
password from unauthorized use, and you are responsible for all activity that occurs on
your account. You agree to notify us immediately if you believe that your login or
password has been or may be used without your permission so that appropriate action can
be taken. We are not responsible for losses or damage caused by your failure to
safeguard your login and password.
Disclaimer of Warranty.
Under no circumstances will we be liable for any loss or damage caused by your
reliance on information in any Content on this website. It is your responsibility to
evaluate the accuracy, completeness or usefulness of any information, opinion, advice or
other content available through this website. You are responsible for seeking the advice
of professionals, as appropriate, regarding the evaluation of any specific information,
opinion, advice or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE
FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT
WITHOUT LIMITATION, SPRINGPAD DOES NOT WARRANT THAT: (i) THE
INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE
FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS
FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY
THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS;
(iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE
SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Limitation of Liability.
IN NO EVENT SHALL SPRINGPAD BE LIABLE TO ANY USER OF THIS
WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING
SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY
TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE
OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF SPRINGPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES.
Exclusions.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification.
By using this website, you agree to indemnify, hold harmless and defend
Springpad from any claims, damages, losses, liabilities, and all costs and expenses of
defense, including but not limited to, attorneys' fees, resulting directly or indirectly from
a claim by a third party that arises in connection with your use of this website.
Links to Third-Party Websites.
This website may contain links to non-Springpad websites that are provided to
you as a convenience. Any outside website accessed from our website is independent
from Springpad, and we have no control over the content of such websites. We are not
responsible for the content of any linked website or for any loss or damage incurred in
connection with your use such links or dealings with the operators of such non-Springpad
websites.
No Implied Endorsements.
In no event shall any reference to any third party or third party product or service
be construed as an approval or endorsement by Springpad of that third party or of any
product or service provided by a third party. Likewise, a link to any non-Springpad
website does not imply that we endorse or accept any responsibility for the content or use
of such a website. Springpad does not endorse, warrant or guarantee any product or
service offered by any third party through an online discussion forum or chat room
accessible through this website and will not be a party to or in any way monitor any
transaction involving any third party providers of products or services. As with the
purchase of a product or service through any medium or in any environment, you are
responsible for exercising appropriate judgment and caution.
Jurisdictional Issues.
We make no representation that information on this website is appropriate or
available for use outside the United States. Those who choose to access this website
from outside the United States do so on their own initiative and at their own risk and are
responsible for compliance with applicable local laws.
Termination.
We may terminate any user's access to our website, including access to any online
discussion forum or chat room, in our sole discretion, for any reason and at any time,
with or without prior notice. It is our policy to terminate users who violate these terms
and conditions, as deemed appropriate in our sole discretion. You agree that we are not
liable to you or any third party for any termination of your access to our website.
Enforcement.
These Terms of Service shall be governed and interpreted pursuant to the laws of
the Commonwealth of Massachusetts, United States of America, notwithstanding any
principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service shall be finally
resolved by arbitration conducted in the English language in Boston, Massachusetts,
U.S.A. under the commercial arbitration rules of the American Arbitration Association.
The parties shall appoint as sole arbitrator a retired judge who presided in the
Commonwealth of Massachusetts. The parties shall bear equally the cost of the
arbitration (except that the prevailing party shall be entitled to an award of reasonable
attorneys' fees incurred in connection with the arbitration in such an amount as may be
determined by the arbitrator). All decisions of the arbitrator shall be final and binding on
both parties and enforceable in any court of competent jurisdiction. Notwithstanding the
foregoing, we shall be entitled to seek injunctive relief, security, or other equitable
remedies from the United States District Court for the District of Massachusetts or any
other court of competent jurisdiction. Under no circumstances shall the arbitrator be
authorized to award punitive damages, including but not limited to federal or state
statutes permitting multiple or punitive damage awards. Any purported award of punitive
or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.
Severability.
If any part of these Terms of Service is held to be unlawful, void, or
unenforceable, that part will be deemed severable and shall not affect the validity and
enforceability of the remaining provisions.
Entire Agreement.
These Terms of Service constitute the entire agreement between the parties
relating to the subject matter herein. We may, at our sole discretion and without notice,
revise these terms at any time by updating this posting.
For Additional Information.
If you have any questions about these Terms of Service, please contact
info@springpadit.com