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:
Jennifer Griest - In-House Counsel |