Effective Date: July 14, 2016
Following are the terms and conditions or “Terms” that govern your use of any website that links to these Terms (the “Site”). By using or visiting the Site, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the Site. ASPENCORE, our parent, and its subsidiaries and/or affiliates (collectively, “we,” “us,” or “our”) reserve the right to change these Terms at any time, effective immediately upon posting or linking on the Site. If you violate these Terms, we may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.
We may make available via the Site content, including information, articles, videos, comments, reviews and other texts, photos, pictures and other images, software, or applications (together referred to as “Content”). You agree that we and/or licensors own all Content made available through the Site. Such Content is subject to U.S and international copyright, trademark or other intellectual property rights and laws.
You agree that you are only authorized to visit and view pages of this Site for your own personal use, and that you shall not duplicate, publish, modify or otherwise distribute the material on this Site for any purpose other than as set forth herein. You may only use the Site as permitted by law, including applicable export and re-export laws and regulations. The software on this Site and any Content posted on the Site are our property and are protected by U.S. and international copyright laws. You agree that you will not remove, obscure or alter any legal notices displayed on the Site.
You agree that you will not use the Site (i) in connection with or to promote any products, services, or materials; (ii) in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality; (iii) to post any information that disparages or defames any person or entity; (iv) to upload or transmit viruses or malicious code; (v) to harass, bully, or intimidate any users; or (vi) to post content that is hateful, threatening, violent, pornographic, defamatory, abusive, deceptive, or otherwise inappropriate.
Links & Search Results
By using the Site to search for or link to another site, you agree and understand that you may not make any claim against us for any damages or losses whatsoever resulting from your use of the Site to obtain search results or to link to another site.
Access & Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or the Content contained thereon, to access or capture data, or for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. The Content is protected by copyright laws, international copyright treaties, as well as other laws and conventions related to intellectual property. You agree that you will observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices from the Content, the software or documentation, or any copies thereof.
Certain functionality on this Site may require the use of an account. You are solely responsible for maintaining the security of your ID and password. If you suspect that someone else knows or has changed your password, please reset it so that no one else can sign in to your account. You agree not to (i) provide false information when creating your account; (ii) create an account for others without their permission; (iii) create more than one account; (iv) share your login information with others; (v) attempt to access an account belonging to someone else or to solicit login information from others; or (vi) create another account without our permission if your account has been disabled. In addition, you agree to provide accurate profile and contact information and to keep such information up to date.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress. You agree that you will comply with any security processes and procedures (such as passwords) we specify with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through a Site which are not intended for general public access, unless we have provided you with written authorization to do so.
Compliance with Laws
You agree that you will only use the Site only for lawful purposes. You will not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You will not use the Site to facilitate, or otherwise assist others in, the violation of any law or regulation. You are solely responsible for ensuring that materials transmitted, posted, stored, distributed, displayed or presented using the Site comply with this Agreement and all applicable laws and regulations.
- You may not use the Site or the services to violate any law, statute, ordinance or regulation including export, intellectual property and privacy laws.
- United States export control laws govern your use of this Site and services. These laws apply to you and your use of this Site and services regardless of whether you actually reside in the United States. Additional information about United States export laws is available from the United States government’s portal to exporting and trade services at http://www.export.gov/.
- We do not represent that Content on the Site is applicable, appropriate, or available for use in locations outside the United States. Persons who choose to access the Site from locations outside of the United States do so on their own initiative, and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
- You understand that your design(s) on the Site (to the extent that you upload any designs) may be subject to export, re-export, or other restrictions under the laws of the country of original design and the country in which you reside. Therefore, you agree to abide by all applicable laws and regulations relating to the export and re-export of such design(s). In particular:
- You understand that, if designing ITAR controlled items, you agree to comply with 22 CFR 122 U.S. International Traffic in Arms Regulation (ITAR). You understand that any export or re-export of any ITAR controlled item or technology requires authorization from the U.S. Department of State Directorate of Defense Trade Controls (DDTC).
- You understand that design(s) of U.S.-origin items and foreign manufactured products that incorporate U.S.-origin content are subject to the U.S. Export Administration Regulations (EAR). In the event of export of your design(s), you will obtain all required permissions (i.e., export licenses, permits, etc., as applicable) from the U.S. government and any other applicable government.
- You certify that, except as authorized under applicable laws and regulations, your design(s) will not be used, sold, re-exported or incorporated into products used directly or indirectly in the design, development, production, stockpiling, or use of chemical or biological weapons, nuclear programs, missiles, and maritime nuclear propulsion projects.
- You certify that, except as authorized under applicable laws and regulations, your design(s) will not be used, sold, re-exported or incorporated into products for use by military, police or intelligence entities, for any space applications, or for use in foreign vessels or aircraft.
- You certify that your design(s) on the Site will not be used directly or indirectly, sold, re-exported or incorporated into products for the benefit of persons or entities named on any United States denied or restricted party list, including the Entity List at Part 744 of the Export Administration Regulations, persons designated by the U.S. government as Specially Designated Global Terrorists (SDGTs), Specially Designated Terrorists (SDTs), Foreign Terrorist Organizations (FTOs) on the Specially Designated National (SDN) list; or other applicable government denied or restricted party list.
- You certify that your design(s) on the Site will not be exported or re-exported directly or indirectly, or diverted to any country in violation of any United Nations, United States, European Union or any other applicable embargo.
- If you are an employee, agent or contractor of, or otherwise affiliated with a non-U.S. government, you certify that you understand and agree to comply with all applicable restrictions as defined in the U.S. EAR, ITAR and OFAC sanctions and embargoes, and any other applicable local and foreign law and or regulation.
- You certify that, if you are unable to fulfill the above certifications, or if any of the information provided by you in this Service agreement shall change at any time, you will advise us of the changes in writing before further using the Site.
The Site may allow you to create or otherwise submit information, data, text, messages, or other materials (“User Content”). You may not place or send any User Content or information over this system that violates any law or infringes on the rights of any third party. In those instances where you store information that is intended to be used only by you (or someone representing you) and/or us, we claim no ownership or control over any User Content submitted, posted or displayed by you on or through the Site. You or a third party licensor, as appropriate, retain all patent, trademark and copyright rights to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate. When you enter, upload or otherwise submit User Content to the Site that is intended to be available to members of the public or others you have chosen to share it with, you give us a worldwide, royalty-free license to use, host, store, reproduce, modify, communicate and distribute such User Content as intended. This license continues even if you stop using our Site (for example, User Content posted for a forum). We reserve the right to delete or eliminate any User Content you provide that we deem improper or inappropriate. You represent and warrant you have the necessary rights to grant us this license for all User Content submitted to the Site.
Blog and Forum Content
In the event that we or any of our employees or agents is involved in creating, producing or delivering an article or any materials contained therein, neither we, our employee, or our agent shall be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use of this article. In the event that you participate in any blog or forum, you assume any liability or responsibility for the accuracy, completeness, or usefulness of any information provided. You will also include a disclaimer that states that it is your opinion and not ours. You agree to fully indemnify and defend us, our employees, directors, or agents for any claims that may arise of the content you provide in any blog.
Violation of the Terms
You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Site, or exercise any other remedy available if we believe that your use is (i) inconsistent with these Terms or (ii) has violated our rights, the rights of another user, or the law. You agree that monetary damages may not provide us with a sufficient remedy for violations of these terms and conditions, and you consent to injunctive or other equitable relief for such violations. We may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
Unless otherwise specified, the copyrights in all copyrightable subject matter on the Site are either owned by us or used lawfully by us. To the extent that we have the right to do so without compensation to third parties, and except for materials or information specifically provided under other terms, we grant you permission to copy or otherwise download from the Site, information and materials (including related graphics), provided:
- The materials are for your internal use only, and
- Any copies of materials or portions thereof must include the copyright notice specified on the Site.
You may not copy or display for redistribution to third parties any portion of the Site without our prior written permission. Documents we post on the Site may contain other proprietary notices or describe products, services, processes or technologies owned by us or third parties. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user a license under any copyright, trademark, patent or other intellectual property right of us or any third party.
Our name and logo and all related product and service names, design marks and slogans are our trademarks, service marks or registered trademarks and may not be used in any manner without our prior written consent. Other products and service marks are trademarks of their respective owners.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE USE, OF THIS SITE. WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OR WHETHER THE CONTENT IS UP TO DATE. IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN.
WE DO NOT PROMISE THAT THE SITE OR ANY SERVICES PROVIDED HEREUNDER WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, FUNCTIONALITY OR LINK ON IT. ACCESS TO THE SITE (INCLUDING ANY INFORMATION OR MATERIALS THEREIN) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY US OR OUR EMPLOYEES SHALL CREATE ANY WARRANTY. WE DO NOT WARRANT THAT THE INFORMATION OR MATERIALS ON, OR ACCESS TO, ANY SITE WILL BE WITHOUT INTERRUPTION OR ERROR FREE.
If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of Colorado, Arapahoe County.
You agree to indemnify and hold us, our officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload Content or other information to the Site.
Digital Millennium Copyright Act (DMCA) – Copyright Infringement
Pursuant to the DMCA, all claims of copyright infringement for material that is believed to be residing on the website should be promptly sent in the form of a DMCA Takedown Notice to the Designated Agent below:
All claims must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single location are covered by a single notification, a representative list of such works at that location;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Recidivism Policy (“Repeat Infringers”)
We reserve the right to disable and/or terminate the accounts of repeat copyright infringers.
As set forth here, you may not post any content owned by someone else in a manner that violates another person’s copyright. When you do so, the copyright owner(s) of that content may notify us that you do not have their permission to post their content on the site, and have violated their copyright. If we get repeated notices that you have posted others’ copyrighted content without permission, we may terminate your account.
Linking Policy Statement
User Policy – Outbound Linking Policy Statement
Any link (including hyperlinks, buttons or referral devices of any kind) used on this or any other web page of ours is provided for the use and convenience of the visitor. The appearance of a link on this or any other web page of ours does not constitute our endorsement, recommendation or certification, nor should the presence of a link in any way be construed as a suggestion that the site has any relationship with us.
User Policy – Inbound Linking Policy Statement
We generally do not object to links to our websites from third party sites. However, there are certain conditions that must be followed:
- Unless we enter into a specific written agreement with you, you may not use any of our names, logos, designs, slogans, product trademarks or service marks in or with your links, except that you may link to one of our sites using the plain text name of that site or our plain text name.
- Do not present the link to our site in any way that suggests we have any relationship or affiliation with your site or endorse, sponsor or recommend the information, products or services on your site. Do not use any of our names, logos, designs, slogans, product trademarks or service marks in any advertising, publicity, promotion, or in any other commercial manner without our prior express written permission for a particular use.
- Link directly to this site and do not incorporate any Content from this site into your site (e.g., by in-lining or framing).
- Do not use any of our names, logos, designs, slogans, product trademark or service parks, or any other words or codes identifying our sites in any “meta tag” or other information used by search engines or other information location tools to identify and select sites, without our express written permission for a particular use.
Giveaways (updated June 27, 2019)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ONLY ONE ENTRY PER PERSON. OPEN TO ELIGIBLE LEGAL RESIDENTS WORLDWIDE AGE 18 OR OLDER. VOID WHERE PROHIBITED. ALL FEDERAL, STATE AND LOCAL REGULATIONS APPLY.
The Giveaway is open to all legal residents worldwide who are age 18 years or older at the time of entry, and who register for the Giveaway. Entrants and participants must enter as individuals, not as corporations, limited liability companies, or other entities. Officers, directors, and employees of us, any Giveaway sponsor, and their respective parents, subsidiaries, or affiliated companies (collectively, “Sponsors”), members of their immediate families (including spouses, children, step-children, parents, step-parents, siblings and step-siblings, grandparents, and grandchildren), and those living in the same household are ineligible to enter the Giveaway. Proof of age, identity, address and eligibility must be furnished upon request. All entry information must be complete and accurate. The Sponsors will not award a prize to anyone not meeting eligibility requirements at the time of entry.
Anyone who is a resident of a country, province or state where the Giveaway is prohibited, taxed, subject to registration or bonding, subject to disclosure requirements (including without limitation requirements that these rules or Giveaway materials be published in a language other than English) or otherwise restricted under national, federal, provincial, state or local statutes, rules, orders, regulations, or other laws, is ineligible to enter the Giveaway. The Sponsors expressly disclaim any responsibility or liability for any entrant or participant who enters in violation of these rules. By entering the Giveaway, each entrant agrees to waive any additional rights granted with respect to the Giveaway by the country, state, or province in which he or she is domiciled.
Odds of winning depend on the number of entries. Prize value varies with each Giveaway. The Sponsors will use commercially reasonable efforts to notify winners within thirty days after the end of the Giveaway promotion. To receive a list of winners, send a self-addressed stamped envelope to the following address referencing the specific Giveaway: AspenCore, Inc., 245 Main Street, 2nd Floor, Cambridge, MA 02142 USA. The Sponsors reserve the right to cancel, terminate, suspend, or modify, or continue the Giveaway, in their sole discretion. The Sponsors make no warranty, guarantee, or representation of any kind concerning any prize, and SPONSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS, AND ANY OTHER IMPLIED WARRANTY, except for any express manufacturer’s warranty as may be included with the prize.
Entrants and participants are responsible for complying with all applicable federal, state, and local laws and regulations, and by entering, participants agree to be bound to these official rules. Payments of all federal, state and local taxes are solely the responsibility of the winners. Each winner will be required to complete and submit an IRS Form W-9 with the winner’s full Social Security Number or the equivalent for receipt of any prize valued at $600 or more or for any prizes awarded by us in a calendar year with an aggregate value of $600 or more. Failure to submit a completed Form W-9 or equivalent upon request will result in forfeiture of the prize. Such winnings of $600 or more will be reported to the IRS.
By entering the Giveaway, entrants grant to the Sponsors the right to publicize the entrant’s name, photograph, video, image, likeness, voice, statements, hometown (city and state), and biographical information for advertising, trade, and promotion purposes in any media now or hereafter known worldwide in perpetuity without compensation and without opportunity for review, except where prohibited by law. The Sponsors, in their sole discretion, may require each winner to sign a publicity release confirming such consent prior to acceptance of the prize, except where prohibited by law.
THE SPONSORS RESERVE THE RIGHT TO REJECT OR DISQUALIFY ANY PERSON IF, IN THE SOLE AND ABSOLUTE DISCRETION OF THE SPONSORS, (I) THE PERSON’S PARTICIPATION IN THE GIVEAWAY IS OR MAY BE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAW, (II) THE PERSON FAILS TO COMPLY WITH THESE OFFICIAL RULES, ANY POLICIES, OR ANY LAWS IN ANY RESPECT; OR (III) THE PERSON TAMPERS WITH THE ENTRY PROCESS, THE OPERATION OF THE GIVEAWAY, THE GIVEAWAY WEBSITE, OR OTHERWISE ACTS IN AN UNSPORTING OR DISRUPTIVE MANNER OR WITH INTENT TO ANNOY OR HARASS ANY PERSON. SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. IF AN ENTRY THAT WOULD HAVE OTHERWISE RECEIVED A PRIZE OR COMPONENT IS REJECTED OR DISQUALIFIED, THE SPONSORS MAY, BUT ARE NOT REQUIRED TO, SELECT AN ALTERNATE WINNING ENTRY FROM THE REMAINING ENTRIES.
WINNERS AND ENTRANTS AGREE, EXCEPT WHERE PROHIBITED BY LAW, TO RELEASE AND DISCHARGE, HOLD HARMLESS AND INDEMNIFY THE SPONSORS, THEIR EMPLOYEES, AGENTS AND REPRESENTATIVES, OFFICERS AND DIRECTORS AND THEIR IMMEDIATE FAMILIES, SUCCESSORS AND ASSIGNS, AND ALL OTHERS ASSOCIATED WITH THE DEVELOPMENT AND EXECUTION OF THIS GIVEAWAY, FROM ANY AND ALL TAX LIABILITY THAT MAY BE IMPOSED OR ASSOCIATED WITH RECEIPT OR USE OF THE PRIZES, AND FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, AND LIABILITY FOR ANY DAMAGES, EXPENSES, FEES, INJURY OR LOSSES (INCLUDING PERSONAL INJURY OR DEATH) SUSTAINED IN CONNECTION WITH THE RECEIPT, OWNERSHIP, OR USE OF THE PRIZE OR WHILE TRAVELING TO, PREPARING FOR, OR PARTICIPATING IN ANY GIVEAWAY-RELATED OR PRIZE-RELATED ACTIVITY.