PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. ANY USE OF THIS WEBSITE CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.
THIS VERSION IS A BETA RELEASE OF SPURSPOT. WE ARE STILL IN THE PROCESS OF DEVELOPING AND FIXING ISSUES IDENTIFIED BY BETA TESTERS.
USER AGREEMENT FOR BETA RELEASE
The following are terms of a legal agreement (the “Agreement”) between you and Brainsource Solutions, Inc. (“SpurSpot”, “we”, or “us”) that sets forth the terms and conditions for your use of this web site (the “Site”). The Site is owned and operated by Brainsource Solutions Inc. This Site is being provided to you expressly subject to this Agreement. By accessing, browsing and/or using this site (“Site”), you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations.
We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any change to this Agreement constitutes your agreement to be bound by any such changes. We may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
Exclusion of Warranty and Liability
(a) The Tester acknowledges that the Product is still under development and is for Beta Test purposes only and accordingly is provided -AS IS- without any warranty of any kind and is being tested by the Tester at its own risk.
(b) The Tester further agrees that neither the Developer nor any other person involved in creating, installing, delivering, testing or using the Product shall be liable for any direct, indirect, consequential or incidental loss or damage arising from or relating to the Product or its testing hereunder.
DISCLAIMER OF WARRANTIES
NONE OF SPURSPOT, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “SPURSPOT PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND SPURSPOT DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. SPURSPOT PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. SPURSPOT MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND SPURSPOT PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. SPURSPOT RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS. USE OF THIS SITE IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL SPURSPOT PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS SITE IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SPURSPOT PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. SPURSPOT IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT SPURSPOT PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Content and use Restrictions
You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Site or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any SpurSpot member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Site, or obtained or obtainable from sources unrelated to the Site (such as from a “Google. search” or other online research). You agree to not to use the Site or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other fo rm of commercial or non-commercial solicitation or bulk communications of any kind to any SpurSpot member or other third party. In order to protect SpurSpot members from such advertising or solicitation, SpurSpot reserves the right to restrict the number of emails which a member may send to other members in any 24-hour period to a number which we deem appropriate in our sole discretion.
Covenant Not To Sue; General Release
Users hereby release, forever discharge and agree not to sue SpurSpot, its members, shareholders, officers, directors, employees, agents, insurers, attorneys, affiliated companies, legal predecessors and successors, and assigns (collectively, “Releasees”) from any and all claims, demands, damages, debts, liabilities, obligations (statutory, contractual or common law), costs, expenses, remedies, causes of action of every kind and nature whatsoever based upon or arising out of use of the Site. This general release is intended to be as broad as legally permissible under law.
You agree to indemnify and hold harmless SpurSpot Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the SpurSpot Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. SpurSpot Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of SpurSpot. You further agree to indemnify and hold harmless SpurSpot Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Site.
Monitoring of the Site
SpurSpot has no obligation to monitor the Site; however, you acknowledge and agree that SpurSpot has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
SpurSpot has taken reasonable precautions to ensure that your access to this website is secure and free from any viruses, trojans or similar destructive software. However, SpurSpot does not, in any manner and for any purpose, warrant that your access to this website will be secure and free from any viruses, trojans or similar destructive software and you are hereby cautioned that SpurSpot will not, UNDER ANY CIRCUMSTANCES, accept any liability for any damage sustained as a result of your accessing this website. You are expressly advised to carry out your own security precautions and checks prior to and whilst accessing the website.
SpurSpot expressly disclaims, in any manner and for any purpose, any and all warranties with regard to any portion of any content contained on the website and expressly cautions the visitor not to place any reliance whatsoever on the information and/or statements contained within this website, without verifying the authenticity of the information/ statements from independent sources. SpurSpot does not undertake the responsibility of regularly updating the content herein and does not undertake any liability in any matter arising as a result of any action/ inaction which places reliance upon the information and/ or statements made available on this website. Further, SpurSpot shall stand indemnified by the visitor against any and all claims that arise as a result of misuse by the visitor of the contents and/ or services provided within the website.
The content made available in this section may be used without express authorization from SpurSpot, provided however that such is not used to damage the reputation of SpurSpot or any of it’s employees or in connection with any false, malicious allegations or claims against SpurSpot.
Certain information contained in this website/statement/ press release/ announcement/ document may be “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995.
Such forward looking statements/ press releases/ announcements/ documents involve a number of risks, uncertainties and other factors that could cause actual results to differ materially from those that may be projected by these forward looking statements.
SpurSpot cautions readers that certain important factors may affect actual results and could cause such results to differ materially from any forward-looking statements which may be deemed to have been made in this statement/ press release/ announcement/ document or which are otherwise made by or on behalf of SpurSpot. For this purpose, any statements contained in this statement/ press release/ announcement/ document that are not statements of historical fact may be deemed to be forward-looking statements.
Factors which may affect results include, but are not limited to, new and rapidly changing developments relating to information technology and related technology and products, new technology developments, developments and regulation in the information technology and related industries, the risk of loss of management and personnel, the competitive environment within the information technology and related industries, the ability of SpurSpot to develop its infrastructure, the ability of SpurSpot to raise additional capital to continue to develop and sustain business at current levels and to implement SpurSpot_s business plan, the competence required and experience of management and economic conditions.
Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of their public release/ publication by SpurSpot.
SpurSpot undertakes no obligation to update publicly any forward-looking statements to reflect new information, events or circumstances after the date of this release or to reflect the occurrence of unanticipated events and expressly disclaims any and all liability that may accrue to SpurSpot as a result of readers placing any reliance on such forward-looking statements.