PLEASE READ THESE TERMS OF SERVICE CAREFULLY
These Terms of Service are effective on June 24, 2015.
Welcome to the SSI Defense website (“Website”). These Terms of Service (“Terms of Service”) govern your access to and use of the Website; any content or other materials (including, without limitation, text, data, graphics, information, designs, drawings, logos, displays, artwork, images, CAD files, other files, schematics, models, photographs, sound, musical works, audio or video clips, Third Party Content and links) uploaded, submitted, downloaded, displayed or appearing on or through the Website (“Content”); any applications (including mobile applications) made available by SSI Defense; and any software, services or other resources SSI Defense may provide on or through the Website. The Website, Content, software, services and other resources are referred to in these Terms of Service, collectively, as the “Services”. These Terms of Service apply to any of the Services that post a link to these Terms of Service (however accessed or used, whether via a personal computer, mobile device or otherwise). The Services are owned, operated, controlled and provided by SSI Defense. SSI Defense is referred to in the Terms of Service as“SSI Defense”, “Company”, “we”, “us” or “our”. Some services and features offered through the Services may be subject to additional terms and conditions specified by SSI Defense from time to time; your use of such services and features is subject to such additional terms and conditions, which are hereby incorporated by reference into these Terms of Service. In those cases, the terms specific to the special services or features control to the extent there is a conflict with these Terms of Service.
YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE SERVICES. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT AND CAPACITY TO ENTER INTO THESE TERMS OF SERVICE IN YOUR JURISDICTION.
Changes to Terms of Service
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms of Service, without prior notice. You agree that we may notify you of any updated Terms of Service by posting them on the Website so that they are accessible via a link from the home page. All such changes are effective immediately when we post them, or such later date as may be specified in the updated Terms of Service, and will apply to your use of the Services from that point forward. Your continued use of the Services following the posting of revised Terms of Service (or engaging in such other conduct as we may reasonably specify) means that you accept and agree to the changes. You can review the most current version of the Terms of Service at any time at: http://www.ssidefense.com/terms-of-service/. If you object to any such changes, your sole recourse is to cease using the Services.
Access and Account Information
You understand and agree that you are responsible for maintaining the confidentiality and security of your Account Information, and that you are solely responsible for all activities that occur on or through your account. You agree to notify SSI Defense immediately if you suspect any unauthorized use of your account. You agree that you will not solicit, collect or use the login credentials of other users. We reserve the right, at any time, in our sole discretion, to disable any user name or other identifier, whether chosen by you or provided by us, and to terminate your account or otherwise deny you access, without notice and without liability.
Although it is SSI Defense’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. SSI Defense will not be liable to you for any such interruption of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
Changes to the Services
SSI Defense reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. SSI Defense shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.
Cancellation, Suspension and Termination
As SSI Defense’s access service is provided by a third party (Disqus.com) You may cancel your account at any time with Disqus according to their terms of service. You are solely responsible for properly cancelling your account.
SSI Defense, as it deems necessary and in its sole discretion, may suspend or terminate your account at any time. Without limiting the foregoing, we may restrict, suspend or terminate your access to all or part of the Services if we believe you are in breach of these Terms of Service or applicable law, or for any other reason, without notice or liability. SSI Defense will attempt to provide advance warning of such termination or suspension, if such is reasonable under the circumstances. SSI Defense reserves the right to refuse provision of or access to the Services to anyone for any reason and at any time. Any termination or suspension of the Services may result in the deactivation or deletion of your account or access to your account, and may also result in the forfeiture and relinquishment of all content in your account, as determined by SSI Defense in its sole discretion.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any SSI Defense customer, employee, member, or officer will result in immediate account termination. We reserve the right to not intervene in interpersonal disputes.
SSI Defense maintains a policy that provides for the termination in appropriate circumstances of the use privileges of users who are repeat infringers of intellectual property rights.
Upon termination, all license and other rights granted to you in these Terms of Service will immediately cease. If we terminate your access to the Services or you cancel your account as described above, the information, including your comments, relationships and all other data will no longer be accessible to you and cannot be recovered once your account is cancelled, and SSI Defense shall not be liable for any claims or losses resulting from such deletions.
Representation and Warranty
You represent and warrant that your use of the Services will be in strict accordance with these Terms of Service, and with all applicable laws, rules and regulations, including, without limitation, all federal, state, local, provincial and international laws, rules and regulations applicable to your use of the Services and your User Submissions, including without limitation, copyright laws, and all laws regarding the export of technical data or software to and from the US or other countries.
All right, title and interest in and to the Website and all Content and other Services , and the design, selection, arrangement, compilation, assembly and look and feel thereof, and any and all patent, copyright, trademark, trade secret and other intellectual property rights arising out of or relating to the Services, are and shall remain the exclusive property of SSI Defense and its third party providers, contributors and licensors. You agree not to remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. The various corporate names, logos, product and service names, domain names, designs and slogans (collectively, “Marks”) displayed on or through the Services are the trade names, trademarks and service marks of SSI Defense or other third parties. Nothing in the Terms should be construed as giving you a right, express or implied, to use, copy or imitate such Marks, in whole or in part, without the prior written consent, as applicable, of SSI Defense or other trademark owner.
These Terms of Service do not transfer from SSI Defense to you (whether expressly, impliedly, by estoppel or otherwise) any SSI Defense or third party intellectual property rights, and you acquire no ownership interest or other rights in the Services other than the right to use the same expressly in accordance with these Terms of Service.
Subject to your compliance with these Terms of Service, and any additional terms that may apply to particular Services offered by us, SSI Defense grants you a non-exclusive, non-transferable, limited, personal license to access and use the Services in accordance with these Terms of Service. The license granted herein is expressly made subject to the following limitations and restrictions: (a) You may not copy, duplicate, reproduce, modify, adapt, publish, distribute, upload, download, post, transmit, broadcast, sell, license or prepare derivative works of any Content, software or other materials owned by SSI Defense (including, without limitation, information, text, graphics, models, cad, prints, and instructions provided by SSI Defense as part of the Website, any web pages or other Services, and the design, selection, arrangement, compilation, assembly and look and feel of the Website, any web pages or other Services) without the prior written consent of SSI Defense; and (c) You may not decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Services.
Any and all rights to use the Services that are not expressly granted to you under these Terms of Service are reserved for SSI Defense or its licensors. Unauthorized use of the SSI Defense Content or other Services is prohibited, may be a violation of federal and state laws, rules, regulations, and treaties, and could result in civil or criminal liability and penalties.
Using Automated Devices to Copy Content
You may not use any automated collection mechanism (for example, any robot, spider or other automatic device) to monitor or copy the web pages comprising the Website or the Content without the prior written permission of SSI Defense. Without limiting the foregoing, SSI Defense prohibits crawling, scraping, caching or otherwise accessing any Content on the Services via automated means (except as may be the result of recognized search engine activity).
Other Prohibited Uses
You may not: (a) use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of technical data or software to and from the US or other countries); (b) Post, or use the Services to generate, unsolicited email advertisements, SMS’s or spam messages; (c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (d) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services; (e) upload or transmit any form of virus, worm, Trojan horse or other malicious or technologically harmful code; (f) attempt to gain access to secured portions of the Services to which you do not possess access rights; or (g) Post private or confidential information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
Third Party Content
“Third Party Content” means User Submissions Posted on or through the Services by other users or third parties. All Third Party Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. SSI Defense is not responsible for examining, evaluating or monitoring such Content. SSI Defense does not control, endorse or support any Third Party Content or communications Posted on or through the Services, or any opinions that may be expressed therein, and makes no representations or warranties whatsoever as to the accuracy, reliability, veracity or completeness of any such Content or communications. Any use or reliance upon any Third Party Content posted on or through the Services is at your own risk, and SSI Defense assumes no responsibility or liability whatsoever for such Third Party Content or your reliance thereon.
Links to Third Party Websites; Third Party Products and Services
The Services may contain links to or interactions with third-party websites or resources (“Third Party Websites”). These links and interactions are provided for your convenience only. SSI Defense neither endorses nor controls such Third Party Websites, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third Party Websites, or for the results to be obtained from using them. If you choose to access any such Third Party Websites, you do so entirely at your own risk.
The Services may be accessed from countries other than the United States. SSI Defense controls and operates the Services from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Services are appropriate for use or access in other locations. If you access and use the Services outside the United States, you do so on your own initiative and you are responsible for complying with United States and your local laws and regulations, if and to the extent such laws are applicable.
The information provided within the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SSI Defense to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Services or any portion of the Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that SSI Defense provides.
These Terms of Service were written in English (US). To the extent any translated version of these Terms of Service conflicts with the English version, the English version controls.
Some features or portions of the Services may require you to pay a fee, such as subscription services or a purchase you make form the Services. Regardless of the service or product you purchase, you agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INLCUDING, WITHOUT LIMITATION, ALL CONTENT) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND. NEITHER SSI DEFENSE NOR ANY OF ITS OFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “SSI DEFENSE PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT (INCLUDING, WITHOUT LIMITATION, USER SUBMISSIONS AND THIRD PARTY CONTENT) OR OTHER SERVICES. THE SSI DEFENSE PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. WITHOUT LIMITING THE FOREGOING, THE SSI DEFENSE PARTIES MAKE NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. THE SSI DEFENSE PARTIES MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM HARMFUL COMPONENTS, INCLUDING WITHOUT LIMITATION VIRUSES. THE SSI DEFENSE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SSI DEFENSE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE SSI DEFENSE PARTIES OR THROUGH THE SERVICES, WILL BE DEEMED TO CREATE ANY WARRANTY WHATSOEVER. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE TO YOU AND THESE TERMS OF SERVICE. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SSI DEFNSE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES, (B) THESE TERMS OF SERVICE OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR SSI DEFENSE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS SET FORTH IN THIS SECTION (LIMITATION OF LIABILITY) SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT (INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY), INDEMNIFICATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT WILL THE SSI DEFENSE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL THE SSI DEFENSE PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES.
You (and also any third party for whom you operate an account or activity on the Services) agree to defend, indemnify and hold harmless SSI Defense, its officers, directors, managers, shareholders, employees and agents, from and against any and all claims, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following (including as a result of your direct activities on the Services or those conducted on your behalf): (i) your breach or alleged breach of these Terms of Service; (ii) your use of or access to the Services; (iii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, including, without limitation all regulatory, administrative and legislative authorities; (iv) your violation of the rights of any third party, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (v) any misrepresentation made by you. SSI Defense reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with SSI Defense’s defense of any claim. You will not in any event settle any claim without the prior written consent of SSI Defense.
All provisions of these Terms of Service which, by their nature, should survive the expiration or termination of your relationship with SSI Defense shall survive such expiration or termination, including, without limitation, Proprietary Rights, Prohibited Uses, Copyright Infringement and DMCA Policy, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and General.
These Terms of Service, and all claims or causes of action related to or arising in connection with these Terms of Service, shall be governed by and construed in accordance with the laws of Chile, without giving effect to any principles of conflicts of laws, AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.
The failure of SSI Defense to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Service; you agree that the court should endeavor to give effect to the intentions of SSI Defense and you as reflected in the provision, and that the other provisions of these Terms of Service shall remain in full force and effect. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service, and any rights and licenses granted hereunder, may not be assigned or transferred by you, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of SSI Defense (and any attempt to do so shall be null and void). These Terms of Service, and any rights and licenses granted hereunder, may be assigned or transferred by SSI Defense without restriction and without your consent. These Terms of Service constitute the final, complete and exclusive statement of the agreement between you and SSI Defense regarding the subject matter hereof, and supersede any prior agreements, negotiations or communications between you and SSI Defense with respect to such subject matter. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Service. These Terms of Service do not confer any third-party beneficiary rights.
If you have any questions about these Terms of Service, please send your questions to firstname.lastname@example.org All notices, authorizations, and requests to SSI Defense shall be deemed given on receipt.