The following
document outlines the terms of use for our site. You
should read this document and accept the terms of use
before viewing any content on this site. Due to the
nature of our products special attention should be paid
to Part 25 EXPORT DISCLAIMER of
this document. SPI CORP will not export products or
information that is deemed to be in violation of US
export control law. You should check with the US
Department of State and/or the US Department of Commerce
before viewing this site. SPI Corp reserves the right to
report all violators to the appropriate authorities.
Terms of Use Agreement
Welcome to our site. We maintain this web site as a
service to our customers. By using our site, you are
agreeing to comply with and be bound by the following
terms of use. Please review the following terms
carefully. If you do not agree to these terms, you
should not review information or obtain goods or
products from this site. The term “SPI CORP”, “us” or
“our” refers to Sierra Pacific Innovations Corp. The
term “you” refers to the user or viewer of our Web Site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement
(“Agreement”) with respect to our site (the “Site”).
This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties
and understandings with respect to the Site, the
content, products or services provided by or through the
Site, and the subject matter of this Agreement. This
Agreement may be amended at any time by us from time to
time without specific notice to you. The latest
Agreement will be posted on the Site, and you should
review this Agreement prior to using the Site.
2. Copyright. The content,
organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters
related to the Site are protected under applicable
copyrights, trademarks and other proprietary (including
but not limited to intellectual property) rights. The
copying, redistribution, use or publication by you of
any such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited. You do not
acquire ownership rights to any content, document or
other materials viewed through the Site. The posting of
information or materials on the Site does not constitute
a waiver of any right in such information and materials.
3. Trademarks. “Spi Corp”, “Sierra
Pacific Corp”, “SPI”, “The Infrared Superstore” and
others are either trademarks or registered trademarks or
service marks of Sierra Pacific Innovations Corp. Other
product and company names mentioned on the Site may be
trademarks or service marks of their respective owners.
4. Limited Right to Use. The viewing,
printing or downloading of any content, graphic, form or
document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own
personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or
document may be reproduced in any form or incorporated
into any information retrieval system, electronic or
mechanical, other than for your personal use (but not
for resale or redistribution). No print out or
electronic version of any part of the Site or its
contents may be used by you in any litigation or
arbitration matter whatsoever under any circumstances.
5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or
delete any documents, information or other content
appearing on the Site.
6. Restrictions and Prohibitions on
Use.
Your license for access and use of the Site and any
information, materials or documents (collectively
defined as “Content and Materials”) therein are subject
to the following restrictions and prohibitions on use:
You may not (a) copy, print (except for the express
limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent,
lease, loan or otherwise make available in any form or
by any means all or any portion of the Site or any
Content and Materials retrieved from it; (b) use the
Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and
retrieval system, database, information base, or similar
resource (in any media now existing or hereafter
developed), that is offered for commercial distribution
of any kind, including through sale, license, lease,
rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the
Site; (d) use any Content and Materials from the Site in
any manner that may infringe any copyright, intellectual
property right, proprietary right, or property right of
us or any third parties; (e) remove, change or obscure
any copyright notice or other proprietary notice or
terms of use contained in the Site; (f) make any portion
of the Site available through any timesharing system,
service bureau, the Internet or any other technology now
existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site
software or use any network monitoring or discovery
software to determine the Site architecture; (h) use any
automatic or manual process to harvest information from
the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of
deceptive addressing; and (3) unsolicited telephone
calls or facsimile transmissions; (j) use the Site in a
manner that violates any state or federal law regulating
email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or
any portion thereof, or any software available on or
through the Site, in violation of the export control
laws or regulations of the United States.
7. Indemnification. You agree to
indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively,
“Affiliated Parties”) harmless from any liability, loss,
claim and expense, including reasonable attorney’s fees,
related to your violation of this Agreement or use of
the Site.
8.__Nontransferable. Your right to use
the Site is not transferable. Any password or right
given to you to obtain information or documents is not
transferable.
9. Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices
on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by
us.
10. Disclaimer and Limits. THE INFORMATION FROM OR
THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,”
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER
FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE
AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES
CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES
CONTAINING PROUCT OR TRAINING INFORMATION OR DOCUMENT IS
DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR
SITE.
11. Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all
information regarding Site uses by you and all
information provided by you in any manner consistent
with our Privacy Policy.
12. Registration.
Certain sections of, or offerings from, the Site may
require you to register. If registration is requested,
you agree to provide us with accurate, complete
registration information. Your registration must be done
using your real name and accurate information. Each
registration is for your personal use only. We do not
permit (a) any other person using the registered
sections under your name; or (b) access through a single
name being made available to multiple users on a
network. You are responsible for preventing such
unauthorized use.
13. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent
or warrant that the information available on or through
the Site will be correct, accurate, timely or otherwise
reliable. We may make changes to the features,
functionality or content of the Site at any time. We
reserve the right in our sole discretion to edit or
delete any documents, information or other content
appearing on the Site.
14. Unlawful Activity.
We reserve the right to investigate complaints or
reported violations of this Agreement and to take any
action we deem appropriate, including but not limited to
reporting any suspected unlawful activity to law
enforcement officials, regulators, or other third
parties and disclosing any information necessary or
appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted
materials, IP addresses and traffic information.
15. Indemnification.
You agree to indemnify, defend and hold us and our
partners, agents, officers, directors, employees,
subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys,
advertisers, product and service providers, and
affiliates (collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation of
this Agreement or use of the Site.
16. Third-Party Services. We allow access to or
advertise third-party merchant sites (“Merchants”) from
which you may purchase certain goods or services. You
understand that we do not operate or control the
products or services offered by Merchants. Merchants are
responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a
party to the transactions entered into between you and
Merchants. You agree that use of such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
17. Third-Party Merchant Policies. All rules,
policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such
sites. We are not responsible for information provided
by you to Merchants. We and the Merchants are
independent contractors and neither party has authority
to make any representations or commitments on behalf of
the other.
18. Privacy Policy. Our Privacy Policy, as it may
change from time to time, is a part of this Agreement.
19. Payments. You represent and warrant that if you
are purchasing something from us or from Merchants that
(i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including
any applicable taxes.
20. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies,
financial condition, future economic performance and
demand for our products or services, as well as our
intentions, plans and objectives, that are
forward-looking statements. These statements are based
upon a number of assumptions and estimates which are
subject to significant uncertainties, many of which are
beyond our control. When used on our Site, words like
“anticipates,” “expects,” “believes,” “estimates,”
“seeks,” “plans,” “intends” and similar expressions are
intended to identify forward-looking statements designed
to fall within securities law safe harbors for
forward-looking statements. The Site and the information
contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities.
None of the information contained herein is intended to
be, and shall not be deemed to be, incorporated into any
of our securities-related filings or documents.
21. Links to other Web Sites. The Site contains links
to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of
any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party
sites, you do so at your own risk.
22. Copyrights and Copryright Agents. We respect the
intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please
provide our Copyright Agent the following information:
(a) An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
(b) A description of the copyrighted work that you claim
has been infringed;
(c) A description of where the material that you claim
is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate
and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
Send Notice of claims of copyright infringement on the
Site to copyright@x20.org
22. Refund Policy. If a product purchased by you
proves to be defective or not to your reasonable
satisfaction, you can contact us to arrange a return of
the product within 2 days of receipt. A re-stocking fee
of up to 25% may apply. All returns must be accompanied
by an RMA #. You can obtain an RMA # by contacting us at
702-369-3966. Upon return of the product and provided
that it is in the same condition as delivered
(determined at the sole discretion of SPI CORP), we will
provide you a credit for other purchases on the Site
(less shipping and handling charges incurred). This
Section 17 sets forth your sole and exclusive right to
refund and return.
23. Information and Press Releases. The Site contains
information and press releases about us. While this
information was believed to be accurate as of the date
prepared, we disclaim any duty or obligation to update
this information or any press releases. Information
about companies other than ours contained in the press
release or otherwise, should not be relied upon as being
provided or endorsed by us.
24. Miscellaneous. This Agreement shall be treated as
though it were executed and performed in Las Vegas, NV,
and shall be governed by and construed in accordance
with the laws of the State of Nevada (without regard to
conflict of law principles). Any cause of action by you
with respect to the Site (and/or any information,
products or services related thereto) must be instituted
within one (1) year after the cause of action arose or
be forever waived and barred. All actions shall be
subject to the limitations set forth in Section 8 and
Section 10. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for
or against either party. All legal proceedings arising
out of or in connection with this Agreement shall be
brought solely in Las Vegas, Nevada. You expressly
submit to the exclusive jurisdiction of said courts and
consents to extra-territorial service of process. Should
any part of this Agreement be held invalid or
unenforceable, that portion shall be construed
consistent with applicable law and the remaining
portions shall remain in full force and effect. To the
extent that anything in or associated with the Site is
in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce
such provision.
25. EXPORT DISCLAIMER. Products, services and/or
software represented on this site may be subject to US
export control laws. The items may fall under the export
control laws governed by the BXA (Department of
Commerce) or ITAR (International Trade in Arms
Regulations) governed by the United States Department of
State. SPI Corp will not provide products or information
to parties that are restricted by these regulations.
Parties that are on the “Denied Persons”, “Denied
Entities” lists are restricted from viewing,
downloading, copying or using the information or
products on our site for any purpose. All products,
services, information, software, downloads and other
property on our site is provided for convenience only to
qualified parties for use that complies with all local,
state and federal regulations.
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