Privacy Statement
Information SSI Collects
There are two kinds of information web sites can obtain
about you: Anonymous Information and Personally Identifiable Information.
Anonymous Information is aggregate data that web sites
use to monitor their sites. For example, an IP address is a unique string
of numbers that is assigned to your computer. Web servers automatically
identify your computer by its IP address. We use your IP address to help
diagnose problems with our servers and to administer our sites.
Personally Identifiable Information is any information
that personally identifies you, such as your name, email address, or
telephone number. SSI does not collect Personally Identifiable Information
from users of its web sites.
SSI does not sell or otherwise distribute for commercial
purposes any information collected from its sites.
Third Party Web Sites
SSI’s web sites may contain links to third party
web sites not owned or controlled by SSI. SSI is not responsible for
the privacy practices or content of such third party web sites. Inclusion
of any linked web site on any of SSI’s sites does not imply or
express an approval or endorsement of the linked web site by SSI, or
of any of the content, opinions, products, or services provided on these
web sites. If you visit a web site that is linked to from an SSI site,
we encourage you to consult that web site’s privacy policy before
providing any personal information.
Security
SSI’s sites have reasonable security measures in
place to protect the loss, misuse, and/or alteration of the information
under SSI’s control. Security of information communicated to SSI
over the internet is of utmost concern to us, but no data transmission
can be guaranteed to be 100% secure. Please note that your email, like
most non-encrypted internet communications, may be accessed and viewed
by other internet users, without your knowledge and permission, while
in transit to us. For that reason, to protect your privacy, please do
not use email to communicate information to us that you consider confidential.
While we strive to protect your personal information, SSI cannot ensure
or warrant the security of any information you transmit to us or through
our sites.
Limitation of Liability
SSI PROVIDES
THE INFORMATION AND SERVICES ON ITS WEB SITES “AS
IS” WITHOUT WARRANTIES OF ANY KIND. BY USING SSI’S SITES,
YOU AGREE THAT SSI SHALL NOT BE RESPONSIBLE FOR THE ACTS OF ANY THIRD
PARTY AND THAT YOUR DOWNLOADING OF MATERIALS FOUND ON SSI’S SITES
IS DONE AT YOUR OWN RISK.
Terms & Conditions
License to Use Site
SSI grants
you a non-exclusive, non-transferable, limited right to access, use,
and display the sites and materials thereon for your personal use only,
provided that you comply fully with these Terms and Conditions. You shall
not interfere or attempt to interfere with the operation of SSI’s
sites in any way through any means or device including, but not limited
to, spamming, hacking, uploading computer viruses, or by any other means.
Ownership; Restrictions
SSI owns,
controls, licenses, or has the right to use and provide the sites and
all material on the sites, including without limitation all text, images,
articles, photographs, illustrations, audio, and video clips (collectively, “site material”).
The sites are each protected by copyright as a collective work and/or
compilation pursuant to U.S. copyright laws, international conventions,
and other intellectual property laws. You agree to abide by any and all
copyright notices, information, or restrictions displayed on each site.
Except as provided in these Terms and Conditions, you may
not use, modify, republish, frame, print, display, perform, reproduce,
license, transfer, sell, assign, post, transmit, distribute, reverse
engineer, create derivative works from, or otherwise exploit any of the
site material or any part of the sites without prior written consent
from SSI. You may download one (1) copy of site material for your personal
use, provided that you maintain all copyright, attribution, and other
notices contained in the site material, including any trademarks. You
acknowledge that you do not acquire any ownership rights by downloading
copyrighted material. You are responsible for complying with all applicable
laws, regulations, and rules regarding your use of such downloaded site
material.
Changes to Sites
SSI shall have the right for any reason, at its sole discretion,
to terminate, change, suspend, or discontinue any aspect of any site.
SSI may also impose limits on certain features or restrict your access
to parts of any site without notice or liability. You acknowledge and
agree that SSI will not be liable to you or any third party in the event
that SSI exercises its right to modify or terminate access to any site
or portions of any site.
Indemnification
You shall
indemnify, defend, and hold harmless SSI, its affiliates, and all of
their respective officers, directors, owners, agents, employees, site
material providers, licensors, and licensees (collectively, “indemnified parties”) from and against any
and all losses, damages, and claims and all fees, costs, and expenses
of any kind related thereto (including, without limitation, reasonable
attorneys’ fees) incurred by the indemnified parties in connection
with any claim arising out of, based upon, or resulting from your use
of any of SSI’s sites.
Disclaimer of Warranties and Damages; Limitation of
Liability
SSI’S SITES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS,
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE
PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHATSOEVER, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE. SSI DOES NOT WARRANT THAT THE SITES
WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. SSI DOES NOT WARRANT OR
REPRESENT THE ACCURACY OR RELIABILITY OF THE SITES, THE CONTENT THEREOF,
INFORMATION ACCESSED THROUGH THE SITES, LINKS TO THIRD PARTIES OR FOR
ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE
INFORMATION THORUGH THE SITES OR ANY LINKED SITE. IF YOU ARE DISSATISFIED
WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. CERTAIN
CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL
USERS AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND
ALLOWING MINORS OR OTHERS TO USE THE SITES. UNDER NO CIRCUMSTANCES SHALL
SSI, ITS AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY
OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT,
MATERIALS, AND FUNCTIONS ON ANY OF SSI’S SITES, INCLUDING WITHOUT
LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN
IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that any claim or cause of action arising out
of your use of any SSI site must be filed within one year after such
claim or cause of action arose or it shall forever be barred, notwithstanding
any statute of limitations to the contrary.
Acceptable Use
By using any
of SSI’s sites, you agree that you:
- Will only
use SSI’s sites for lawful purposes
and in accordance with these Terms and Conditions.
- Agree with
SSI’s Privacy Policy.
- Acknowledge that SSI may be unable to process and shall
have no responsibility to process transactions the accuracy of which
SSI cannot validate.
Without limitation
of the foregoing, you agree to not use any of SSI’s sites to:
- Upload,
post, email, or otherwise transmit any communication that is unlawful,
harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory,
obscene, libelous, deceptive, fraudulent, contains explicit or graphic
descriptions or accounts of sexual acts, invasive of another’s
privacy, or hateful.
- Upload, post, email, or otherwise transmit any communication
that victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis or religion, gender, sexual orientation,
race, national origin, ethnicity, age, disability, or any other protected
status.
- Impersonate any person or entity or falsely state or
otherwise misrepresent your affiliation with a person or entity.
- Upload, post, email, or otherwise transmit any communication
that you do not have a right to transmit under any law or under contractual
or fiduciary relationships (including but not limited to proprietary
or confidential information learned as part of employment relationships).
- Upload, post, email, or otherwise transmit any communication
that infringes any patent, trademark, trade secret, copyright, or other
rights of any party.
- Upload,
post, email, or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, “junk mail,” “spam,” “pyramid
schemes,” or any other form of solicitation.
- Upload, post, email, or otherwise transmit any material
that contains software viruses or any computer code, files, or programs
designed to interrupt, destroy, or limit the functionality of any computer
software or hardware, or engage in any other similarly destructive
activity.
- Interfere
with or disrupt any of SSI’s sites or
servers or networks connected to the sites, or disobey any requirements,
procedures, policies, or regulations of such networks.
- Violate any applicable local, state, federal, or international
law.
You also agree
that you will not harvest, collect, or store information about the users
of SSI’s sites or use such information
for any purpose.
Changes to Terms and Conditions
SSI reserves the right, at its sole discretion, to change,
modify, add, or remove any portion of these Terms and Conditions, in
whole or in part, at any time. Changes in these Terms and Conditions
will be effective when posted. You agree to review these Terms and Conditions
periodically to be aware of any changes. Your continued use of any site
after any changes to these Terms and Conditions are posted will be considered
acceptance of those changes. You acknowledge and agree that SSI will
not be liable to you or any third party in the event that SSI exercises
its right to modify or terminate access to any of the sites or portions
of any site.
General Provisions
These Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of Colorado, without regard
to conflicts of laws provisions. The sole and exclusive jurisdiction
for any action or proceeding arising out of or related to these Terms
and Conditions and/or any SSI site shall be an appropriate State or Federal
court located in Boulder County in the State of Colorado, and SSI and
you hereby irrevocably consent to the jurisdiction of such courts. If
for any reason a court of competent jurisdiction finds any provision
of these Terms and Conditions, or a portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent possible and the
remainder of these Terms and Conditions shall continue in full force
and effect. The section headings used herein are for convenience only
and shall not be given any legal import.
Contacting SSI
If you have
questions about this Privacy Statement, the practices of SSI’s sites, or your dealings with SSI’s
sites, please contact:
Jen Gartner
- In-House Counsel