(last revised January 31, 2017)
1. SDI’s Intellectual Property
2. Disclaimer; No Warranties; Indemnification; Limitation of Liability
All the information presented on or made available via this Website has been (i) created by or on behalf of SDI or provided to SDI and/or its owners, directors, officers, employees, contractors and website administrators solely by third party contributors who have submitted this information for publication on the Website or (ii) made available to you via third party links to and from this Website. SDI has not independently investigated or verified any of the information set forth herein and will not be responsible or liable for any misinformation, misprints, typographical errors or other mistakes that may appear. Further, SDI makes no representations, warranties, recommendations or endorsements whatsoever concerning any information provided on the Website. SDI will not be responsible for and expressly disclaims any and all liability for any claim, damages, injury or other loss arising out of your use of any such information for any reason.
YOU HEREBY WAIVE, RELEASE AND DISCHARGE ANY AND ALL RIGHTS AND CLAIMS OF ANY KIND ARISING IN CONNECTION WITH YOUR USE OF THIS WEBSITE THAT YOU HAVE OR THAT MAY HEREAFTER ACCRUE TO YOUR BENEFIT AGAINST SDI AND ANY AND ALL PERSONS OR ENTITIES AFFILIATED THEREWITH IN ANY CAPACITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL SDI BE LIABLE FOR ANY DIRECT OR INDIRECT OR SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, BASED ON A WARRANTY OR OTHERWISE, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, SDI’S LIABILITY TO YOU OR ANY THIRD PARTY HEREUNDER WILL NOT EXCEED US$100.00 IN THE AGGREGATE.
YOUR USE OF THE WEBSITE, ANY AND ALL SERVICES OR FEATURES ON THE WEBSITE, ANY INFORMATION PRESENTED ON THE WEBSITE OR MADE AVAILABLE ON OR THROUGH THE WEBSITE AND/OR THE SERVICES OF ANY INDIVIDUAL, BUSINESS OR RESOURCE IDENTIFIED OR PROFILED HEREoN OR MADE AVAILABLE VIA A WEBSITE LINK ARE ENTIRELY AT YOUR OWN RISK; THE WEBSITE AND ALL SERVICES AND FEATURES ARE PROVIDED “AS IS, WHERE IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. SDI SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY and/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES CONCERNING TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; AND ANY WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF ANY INFORMATION ON THE WEBSITE.
SDI cannot and does not guarantee continuous uninterrupted or secure access to our Website or the services or features thereon. Operation of the Website may be subject to interference from numerous factors outside our control, including scheduled and preventative maintenance as well as required and emergency maintenance work. Further, SDI does not control the actions of other users, visitors and/or linked third parties on the Website. SDI will have no liability whatsoever for the unavailability OR INOPERABILITY of the Website caused by THE acts or omissions OF YOU, ANY THIRD PARTY, INCLUDING ANY INTERNET SERVICE PROVIDER OR HOST, OR SDI or ARISING OUT OF Internet infrastructure and networkS external to the Website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Website Integrity
You may not use any device, software or routine, including any viruses, Trojan horses, worms or time bombs, intended to damage or interfere with the proper working of the Website or to surreptitiously intercept or expropriate any system, data or personal information thereon or therefrom. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including “spam” or other unsolicited mass emails.
6. Third Party Content
7. Compliance with Laws
You must comply with all applicable laws and regulations governing your access to and use of the Website and any features, services or software thereon, including the posting and retrieval of information and laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You represent that you have the legal right to enter into this agreement with SDI.
8. User Submissions; Forum Participation Rules
Any comments or information that you provide to SDI, including any feedback or ideas submitted by you in response to a survey on or concerning the Website or any other suggestions, concepts or other information provided by you (collectively, the “Submissions”) may be freely used by SDI and you hereby grant SDI a royalty-free, non-fee-bearing, perpetual and irrevocable, worldwide, and assignable, sub-licensable and transferable license to use, reproduce, publish and/or display, create derivative works from, modify (including the right to edit and translate), and transmit, sell, distribute or otherwise exploit the Submissions without limitation in any media or form now known or later developed. SDI may sublicense its rights hereunder to third parties. At SDI’s sole option and request, you will sign or accept SDI’s then-current Contributor’s License posted on the Website.
If you elect to participate in any online discussion group or forum hosted on the Website, you must comply with the following rules:
In SDI’s sole and absolute discretion and to the fullest extent permitted by law, SDI reserves the right to: (i) remove, edit, move or close any message, post or thread thereof for any reason, (ii) delete any message or post at any time and/or (iii) block your email address or any other email address from participating in any SDI online group or forum or any other exchange on this Website.
You represent and warrant that: (i) each fact and statement in each of your messages and posts is true; and (ii) no content in any of your messages or posts, whether text, graphics or otherwise, (a) infringes any copyright, patent, trademark or other intellectual property right of a third party, (b) violates any right of privacy, right of publicity or any other right of any person or entity, (c) gives rise to any claim of libel, defamation, obscenity or vulgarity or contains any material that is unlawful, harmful, abusive, hateful, obscene, vulgar, threatening, libelous or defamatory or (d) violates any international, federal, state or local law or regulation.
You acknowledge, accept and agree that (i) any message or post appearing on the Website or received via the Website expresses the views of its author, (ii) neither SDI nor its Website host, manager and/or Internet service provider will be liable or responsible for the content thereof. SDI will attempt to keep objectionable messages off the Website but cannot guarantee its ability to do so.
9. Governing Law and Jurisdiction