IF YOU DO NOT AGREE TO THE POLICY, YOU SHOULD NOT USE THIS WEBSITE (THE "WEBSITE"). SPEAR MAY MODIFY THE POLICY FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED POLICY.
Spear obtains information from and about you in a number of different ways, including:
- General Information. Some information ("General Information") is gathered automatically when you access the Website. This General Information (which includes Website pages visited, type of web browser used, type of operating system, and the domain name of your Internet service provider, and similar information) does not identify you personally.
- Personal Information. Some information that may be identifiable as yours (your "Personal Information") is not gathered automatically at the Website. If you wish to provide Personal Information, you must do so voluntarily after you register at the Website. The following are some of the kinds of Personal Information Spear gathers:
- Registration Information. When you register at the Website, you will be asked for certain Personal Information, such as your name, your email address, and other information; and
- Email Information. When you send email messages to Spear, Spear may retain the content of your email messages, together with your email address and Spear's response to you.
GENERAL USE AND DISCLOSURE OF INFORMATION.
Spear uses and discloses your information as follows:
- General Information. Spear uses and discloses General Information to understand Website demographics and content preferences, and shall do so without notice to, or permission from, you or any third party;
- Personal Information. As further provided in SECTION 3 ("OTHER USE AND DISCLOSURE OF PERSONAL INFORMATION"), Spear uses and discloses to Spear's consultants, business partners and affiliates Personal Information for purposes of administering Spear business activities, providing customer service and making available other products and services to you and other Spear customers and prospective customers from Spear and those consultants, business partners and affiliates. Spear may also use and disclose Personal Information to notify you about important changes to the Website or Spear's business, new Spear services and special programs you may find interesting. Spear shall protect your Personal Information from improper use or disclosure to third parties using a reasonable degree of care; and
- Cookie Information. Spear uses and discloses Cookie Information to improve the Website and better serve you and Spear's other customers, and may do so without notice to, or permission from, you or any third party.
OTHER USE AND DISCLOSURE OF PERSONAL INFORMATION.
Spear may also use and disclose any of your information when legally compelled to do so, or when Spear, in good faith, believes that the law requires it or for the protection of Spear's legal rights or those of a third party.
Limitation of Liability.
IN NO EVENT SHALL SPEAR BE LIABLE TO YOU OR ANY PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING. IN NO EVENT SHALL THE TOTAL LIABILITY OF SPEAR UNDER THIS POLICY OR REGARDING THE WEBSITE EXCEED ONE THOUSAND DOLLARS ($1000). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
Jurisdiction and Venue.
This Policy shall be subject to the laws of the State of Arizona as apply to contracts entered into and performed in Arizona between Arizona residents and without regard to conflicts of laws principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
SPEAR PROVIDES THE WEBSITE AND ALL GOODS AND SERVICES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. SPEAR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE. Some jurisdictions do not allow certain limitations of warranty so the foregoing may not apply to you.
Neither this Policy, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of Spear. Any purported assignment without such permission shall be void. This Policy may be assigned by Spear in whole or in part without notice. Any waiver of any rights of Spear under this Policy must be in writing, signed by Spear, and any such waiver shall not operate as a waiver of any future breach of this Policy. In the event any portion of this Policy is found to be illegal or unenforceable, such portion shall be severed from this Policy, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. This Policy is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. You will indemnify and hold Spear (and Spear's officers, directors, agents, subsidiaries, joint ventures, licensees and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Policy, or your violation of any law or regulation, or the rights of any third party. You agree that: (i) the Website shall be deemed solely located in Arizona; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over Spear, either specific or general, in jurisdictions other than Arizona. YOU AND SPEAR AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.