Open SPM

Open-SPM.com ("OpenSPM") an Delaware corporation, provides this website (the "Site") to you, subject to these Terms of Use. The Terms of Use may be updated by OpenSPM from time to time without notice to you. This Site and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on this Site (collectively "Content"), is intended for the lawful use of OpenSPM's customers, members, employees and members of the general public who are over the age of 18. OpenSPM operates and controls this Site from its offices within the United States of America. OpenSPM makes no representation that the Content is appropriate or available for use in other locations, and access to the Site from territories where the Content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. OpenSPM is not and cannot be liable for any third-party use of its Content from this Site, in violation of any applicable law. You acknowledge that OpenSPM reserves the right in its sole discretion to limit, refuse, or terminate access to the Site by you at any time.

Any claim relating to use of this Site and/or its Content, unless otherwise expressly stated by OpenSPM, shall be governed by the laws of the State of Delaware without regard to any conflicts of laws provisions. The federal and state courts of the state of Delaware shall have exclusive jurisdiction to adjudicate any dispute arising out of use of this, or in any way relating to this Site and its Content Site (unless otherwise expressly stated by OpenSPM). By using this Site, you expressly consent to (i) the personal jurisdiction and venue of the courts of Delaware and (ii) service of process being effected upon you by registered mail or electronic communication if we do not have a postal address for you. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, EXCEPT WHERE PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

You acknowledge you have read and agree to be bound by these Terms of Use as well as our Privacy Policy, posted on this Site and located at https://www.open-spm.com/privacy-policy. OpenSPM reserves the right to make changes to our website, Privacy Policy and their Terms of Service at any time. To the extent that any term is deemed invalid or unenforceable by a court of law with jurisdiction over the matter, that term shall be severable and not affect the validity of remaining terms. You agree to comply with all applicable laws and regulations, including without limitation, limitation of liability, jurisdiction, and U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO OUR TERMS OF SERVICE AND PRIVACY POLICY, DO NOT USE THE SITE.

Visiting our Site or sending us an e-mail is an electronic communication. You consent to receive electronic communications from us through e-mail and website postings. You agree that such electronic communications satisfy any legal requirement that agreements, notices, disclosures, or other communications be in writing.

The contents of the Site and translated versions are copyrighted © 2024, Open-SPM.com. No licenses are conveyed under any intellectual property rights, unless expressly stated by OpenSPM. The information contained on this Site, including images hereon, is copyrighted and may not be distributed, modified, reproduced in whole or in part, without the prior written permission of OpenSPM, except as listed below:

Any person is authorized to print out for personal use or to make copies of Content on this web page for personal use, provided that the Content contains OpenSPM's copyright notice, and that they are not otherwise prohibited from using the Content found on this Site by any law or regulation of the United States or other territories where such use is prohibited. This license does not include permission to sell Content; collection or use of product listings or descriptions; derivative use of this Site or its Contents; or use of data mining, robots or similar data gathering and extraction tools. You may not frame or use framing techniques to enclose any Trademark or other proprietary information images, text, layout) of OpenSPM without our express written consent. You may not use meta tags or hidden text including our company name or Trademarks without our express written consent. Any unauthorized use terminates the license granted hereunder. A limited, revocable, nonexclusive right to create a hyperlink to any page or our Site is given so long as you do not show OpenSPM or our products in a derogatory, offensive, misleading or false manner which shall be determined solely by OpenSPM. You may not use our trademarks as part of the link without our express written permission.

OpenSPM respects the intellectual property of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act, OpenSPM has designated a Copyright Agent to receive notice of claims of copyright infringement on the Site. OpenSPM's Copyright Agent, may be reached at copyright@open-spm.com. If you believe that any content on the Site infringes the copyright in a work that is owned or controlled by you or if you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide OpenSPM's Copyright Agent the following information in writing: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works; The exact URL or a description reasonably sufficient to permit OpenSPM to locate where the alleged infringing material is located on the Site; Your name, address, telephone number and email address; 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; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

Use of software including, but not limited to, source code from the Site is subject to the copyright notices, disclaimers, and any license terms accompanying such software, whether set forth at the install of each program or posted in a header or text file. If such notices or terms accompany the software, then in addition to these Terms of Services the terms set forth below shall apply: OpenSPM retains all ownership and intellectual property rights in the software and in all derivatives thereto. You may use this software, and any derivatives created by any person or entity by or on your behalf, exclusively with OpenSPM proprietary products. You agree that you are solely responsible for testing the software and determining its suitability. OpenSPM has no obligation to modify, test, certify, or support the software. Software Modifications: If you use this Site to give OpenSPM access to your software and OpenSPM modifies such software at your request, then OpenSPM's copyright notice, disclaimer, and any license terms that accompany such modified code shall apply. If no such notices or terms accompany the modified code, then the terms set forth below shall apply: You agree that you are solely responsible for testing the modified software and determining its suitability. OpenSPM has no obligation to modify, test, certify, or support the modified software. Software Related Disclaimers and Limitation on Liability: The Disclaimer of Warranties and Limitation on Liability of these Terms of Service shall apply to OpenSPM software and software modified by OpenSPM; provided, however, that the following cap on liability shall apply to such software: TO THE FULLEST EXTENT ALLOWABLE BY LAW, OPENSPM'S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PRICE YOU PAID DIRECTLY TO OPENSPM SPECIFICALLY TO ACCESS THE SOFTWARE OR HAVE THE SOFTWARE DEVELOPED OR MODIFIED.

IN GENERAL: YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL OPENSPM BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND WHATSOEVER, HOWSOEVER CAUSED, LOSS OF PROFIT, LOSS OF REVENUES, CONTRACTS, BUSINESS, LOSS OF GOODWILL OR ANTICIPATED SAVINGS, OR WASTED MANAGEMENT TIME, EVEN IF OPENSPM HAS BEEN ADVISED OF THE POSSIBILITY OR THEY ARE FORESEEABLE. OPENSPM'S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE OF GOODS OR CONTENT. THESE LIMITATIONS SHALL NOT APPLY WHERE EXPRESSLY PROHIBITED BY LAW. YOUR RESPONSIBILITY FOR PRODUCTS AND PROCESSES: WITHOUT AFFECTING OPENSPM'S RESPONSIBILITIES TO YOU UNDER THESE WEBSITE TERMS OF USE, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACCEPT THAT YOU, AND NOT OPENSPM ARE SOLELY RESPONSIBLE FOR (I) ANY PRODUCT OR PROCESS WHICH USES OR INCORPORATES OPENSPM GOODS OR CONTENT, (II) REVIEWING/ TESTING GOODS AND CONTENT AND DETERMINING THEIR SUITABILITY FOR USE IN YOUR APPLICATION, PRODUCT OR PROCESS, AND (III) DETERMINING WHETHER YOUR PRODUCTS OR SYSTEMS EMPLOYING OPENSPM OR CONTENT INFRINGES PATENTS, COPYRIGHTS, OR OTHER PROPRIETARY RIGHTS OF THIRD PARTIES. See our Privacy Policy at https://www.open-spm.com/privacy-policy which also governs your visit to our Site.

You are prohibited from posting or transmitting to or from this Site any unlawful, proprietary, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that would violate any law or constitute infringement of intellectual property rights, or contain software viruses. You may not use a false e-mail address, impersonate another or mislead us as to your identity or the origin of any transmission.

OpenSPM may contain links to external resources not under OpenSPM's ownership or control. OpenSPM makes no representation whatsoever regarding the content of any other websites that you may access from the Site. When you access a non-OpenSPM website, please understand that it is independent from OpenSPM and that OpenSPM has no control over the content of that website. A link to a non-OpenSPM website does not mean that OpenSPM endorses or accepts any responsibility for the content or use of such website.