The Systems Engineering Goldmine (SEG) is a Website product developed by Project Performance International (“PPI”) for use by our clients and guests, each individually referred to as a “Party” and collectively referred to as the “Parties.” The SEG is provided to you as a means of accessing information regarding systems engineering (“SE information”).
1. Disclaimer of Warranties
You expressly understand and agree that:
1.1 PPI does not guarantee, warrant or provide any assurances about the content of the Website. As the Website will be under development and maintenance and data will originate from a number of sources, the SEG contents may be incorrect or out-of-date and are subject to change without notice. Although PPI aims to ensure that the content of the SEG is valid, INCOSE and PPI shall not be held liable for any inaccuracy of content.
1.2 PPI will make every effort to ensure that our computer infrastructure is error and virus free, but we do not guarantee, warrant or provide any assurances that material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. As a user you must implement sufficient procedures and virus checks on transferred data (including anti-virus and other security checks) to satisfy your requirements for the correctness of the data.
1.3 PPI shall not be held liable for any loss or damage caused by a distributed denial-of-service attack, a single virus or multiple viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
1.4 The Website provides hypertext links to other sites operated by other organizations. Using such a links means you will leave the Website. PPI takes no responsibility for, and gives no warranties, endorsements, guarantees or representations in respect to, linked sites. PPI is not responsible for the privacy practices, nor do we accept any liability in connection with the content of such websites. Any concerns regarding any external link should be directed to the corresponding website administrator or web master.
1.5 We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors of the third-party information and not of PPI. We do not endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
1.6 The information on the Website is not intended to address your particular requirements. The information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. You should make specific enquiries and independently verify any information taken from the Website before relying upon it.
1.7 If you make any arrangement with anyone named in or connected with the Website, you do so at your own risk.
1.8 YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PPI, NOR ANY PERSON ASSOCIATED WITH PPI, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER PPI NOR ANYONE ASSOCIATED WITH PPI REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE COMMUNITY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, PPI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
2. Copyright and other Intellectual Property
2.1 The Website may contain copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in the future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights.
2.3 You may download information from the Website for your own use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made unless explicitly permitted in the Content. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
3. Limitation of Liability and Claims
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PPI, OR ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE OR APPLICATION LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, WEB PORTALS OR MOBILE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, WEB PORTALS OR MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.