Terms of Use
Acceptance of terms
Statistical Solutions™ makes this Web site (the "Site"),
including all information, documents, communications, files, text, graphics,
software, and products available through the Site (collectively, the "Materials")
and all services operated by Statistical Solutions™ and third parties
through the Site (collectively, the "Services"), available for your use
subject to the terms and conditions set forth in this document and any
changes to this document that Statistical Solutions™ may publish
from time to time (collectively, the "Terms
of Use").
By accessing or using this Site in any way,
including, without limitation, use of any of the Services, downloading
of any Materials, or merely browsing the Site, you agree to and are
bound by the Terms of Use.
Statistical Solutions™ reserves the right to change the Terms of Use
and other guidelines or rules posted on the Site from time to time at its sole
discretion, and will provide notice of material changes on the home page of
the Site. Your continued use of the Site, or any Materials or Services accessible
through it, after such notice has been posted constitutes your acceptance of
the changes. Your use of the Site will be subject to the most current version
of the Terms of Use, rules, and guidelines posted on the Site at the time of
such use. You should periodically check the "Terms of Use" link on the Site's home page to
view the then-current terms. If you breach any of the Terms of Use, your authorization
to use this Site automatically terminates, and any Materials downloaded or
printed from the Site in violation of the Terms of Use must be immediately
destroyed.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection and
arrangement, are protected by copyright, trademark, patent, and/or other intellectual
property laws, and any unauthorized use of the Materials or Services at this
Site may violate such laws and the Terms of Use. Except as expressly provided
herein, Statistical Solutions™ and its suppliers do not grant any express
or implied rights to use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create derivative works
based on the Site, its Materials, or its Services or their selection and arrangement,
except as expressly authorized herein. In addition, you agree not to use any
data mining, robots, or similar data gathering and extraction methods in connection
with the Site.
Use of Services. When using Services on this Site that are offered by
Statistical Solutions™, you shall be subject to any posted guidelines,
rules, or licenses applicable to such Services and to the Terms of Use. Such
guidelines, rules, or licenses may contain terms and conditions in addition
to those in the Terms of Use.
In addition to the Materials and Services offered by Statistical Solutions™,
this Site also makes available materials, information, and services provided
by third parties (collectively, the "Third-Party Services"). The Third-Party
Services are governed by separate license agreements that accompany such services.
Statistical Solutions™ offers no
guarantees and assumes no responsibility or liability of any type with respect
to the Third-Party Services, including any liability resulting from incompatibility
between the Third-Party Services and the Materials and Services offered by
Statistical Solutions™. You agree that you will not hold Statistical
Solutions™ responsible
or liable with respect to the Third-Party Services or seek to do so.
Use of software. The software and accompanying documentation that is
made available to download from this Site is the copyrighted and/or patented
work of Statistical Solutions™ and/or its suppliers. Use of the software
is governed by the terms of the license agreement that accompanies or is included
with such software. Such terms are available for review and
are incorporated herein by this reference. You will not be able to download
or install any software that is accompanied by or includes a license agreement
unless you agree to the terms of such license agreement. If you do not agree
to such terms, you will not be able to use the software. Absent a license agreement
that accompanies the software, use of the software will be governed by the
Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise
attempt to discover the source code of the software available on the Site.
Use of Statistical Solutions™ Content and User Content. Except
as indicated to the contrary elsewhere on this Site, you may view, download,
and print the Statistical Solutions™ Content
and User Content available on this Site subject to the following conditions:
| 1. | The Statistical Solutions™ Content and User Content may be used solely for personal, informational, and internal purposes. | |
| 2. | The Statistical Solutions™ Content and User Content may not be modified or altered in any way. | |
| 3. | The Statistical Solutions™ Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others. | |
| 4. | You may not remove any copyright or other proprietary notices contained in the Statistical Solutions™ Content and User Content. | |
| 5. | Statistical Solutions™ reserves the right to revoke the authorization to view, download, and print the Statistical Solutions™ Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Statistical Solutions™. | |
| 6. | The rights granted to you constitute a license and not a transfer of title. |
Important exceptions. Various sections of
the Site may showcase
the work of creative professionals. Such works belong to their creators,
may be protected by copyright or other proprietary laws, and are for
display purposes only. Accordingly, you may not download or print these
works unless there is a notice associated with the work expressly permitting
such uses.
The rights specified above to view, download, and print the Statistical Solutions™ Content
and User Content available on this Site are not applicable to the design or
layout of this Site. Elements of this Site are protected by trade dress and
other laws and may not be copied or imitated in whole or in part.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this Site
are the property of Statistical Solutions™ or other third parties. You
are not permitted to use the Marks without the prior written consent of Statistical
Solutions™ or such third party that may own the Marks. Statistical Solutions™ and
the Statistical Solutions™ logo are trademarks of Statistical Solutions™.
License to Statistical Solutions™ for User Content
Certain Services offered through this Site accommodate or require User
Content. Depending upon the nature of the Service, by submitting User Content
to this Site, you grant Statistical Solutions™ one of the following types
of licenses:
| 1. | For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, such as examples of work you have done using Statistical Solutions™ products, you grant Statistical Solutions™ a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Statistical Solutions™ the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site. You acknowledge and agree that any User Content you submit to Statistical Solutions™, may be downloaded, modified, reproduced, and distributed by users of this Site. | |
| 2. | For User Content such as comments to the Statistical Solutions™ User to User Forums, bug reports, piracy reports, or product suggestions, you grant Statistical Solutions™ and the users of this Site an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute such User Content, and you also agree that Statistical Solutions™ is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose without any compensation to you. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; (c) we have a good faith belief that we are required to do so by law and/or in response to a subpoena or court order; or (d) we believe it necessary in order to protect the rights of Statistical Solutions™ or others. |
License to Statistical Solutions™ for
Design Content
You grant Statistical Solutions™ the right to copy, display,
distribute, and otherwise use such Design Content. You agree that Statistical
Solutions™ may access and/or disclose such Design Content
if Statistical Solutions™ has a good faith
belief that it must do so to (a) perform system administration, such
as diagnosing and correcting problems, or testing of any aspect; (b)
respond to a valid court order or subpoena; (c) comply with legislation
or regulations, including, without limitation, the Digital Millennium
Copyright Act; (d) investigate complaints; or (e) protect Statistical
Solutions™ or others
from liability or damages. Statistical Solutions™ has no obligation
to retain Design Content once the applicable subscription agreement has
expired or terminated, and you agree that Statistical Solutions™ shall
not be liable for any failure to store Design Content after such expiration
or termination.
Prohibited communications
You may submit only User Content or Design Content to the Site that is
(a) owned by you, (b) submitted with the express permission of the owner or
within the scope of the license to such content, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this Site any unlawful,
threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic
materials, or other materials that would violate any law or the rights of others,
including, without limitation, laws against copyright infringement, and rights
of privacy and publicity. Violation of these restrictions may result in denial
of or limitations on access by you to this Site.
User conduct
In using the Site, including all Services and Materials available through
it, you agree:
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Managing content and communications
Although it is not our intention to do so, Statistical Solutions™ reserves
the right, in its sole discretion, to delete or remove User Content from
the Site and to restrict, suspend, or terminate your access to all or
part of this Site, at any time if we have cause to do so (including,
without limitation, our good faith belief that you have violated the
Terms of Use) without prior notice or liability. In addition, Statistical
Solutions™ reserves
the right to delete or remove Design Content if the relevant subscription
has expired or lapsed or if Statistical Solutions™ has a good faith
belief that the user posting such Design Content has violated these Terms
of Use, or any law or regulation, or that such deletion or removal is
necessary to comply with the law or to protect the rights of Statistical
Solutions™ or
others.
Statistical Solutions™ may, but is not obligated to, monitor or review
(i) any areas on the Site where users transmit or post User Content, including
but not limited to areas where Services are available, or chat rooms, bulletin
boards, or other user forums; and (ii) the substance of any User Content.
To the maximum extent permitted by law, Statistical Solutions™ will have
no liability related to User Content or Design Content arising under the laws
of copyright, libel, privacy, obscenity, or otherwise. Statistical Solutions™ also
disclaims all liability with respect to the misuse, loss, modification, or
unavailability of any User Content or Design Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your account
number, account name, and/or password, if applicable. You are responsible for
damages resulting from all uses of your account number, account name, and/or
password, whether actually or expressly authorized by you, unless access to
your account number, account name, and/or password was obtained through no
fault or negligence of your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU
AND STATISTICAL SOLUTIONS™ OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH
PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE
THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, STATISTICAL SOLUTIONS™ MAKES NO WARRANTY
THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES
AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL
BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH
THE SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL
ERRORS. STATISTICAL SOLUTIONS™ MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS
LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS
SITE MAY BE OUT OF DATE, AND STATISTICAL SOLUTIONS™ MAKES NO COMMITMENT
TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) STATISTICAL SOLUTIONS™ DOES NOT
CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES
OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD-PARTY
VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) STATISTICAL
SOLUTIONS™ MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY
SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS
YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) STATISTICAL
SOLUTIONS™ SHALL NOT BE LIABLE
OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH
THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS
OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. STATISTICAL SOLUTIONS™ ASSUMES
NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS
DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES
OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM STATISTICAL SOLUTIONS™ OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF
USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE
LIMITED TO NINETY (90) DAYS.
International users
This Site can be accessed from countries around the world and may contain
references to Statistical Solutions™ products, services, and programs
that are not available in your country. These references do not imply that
Statistical Solutions™ intends to announce such products, services, or
programs in your country.
The Site is controlled, operated, and administered by Statistical Solutions™ from
its offices within the United States of America. Statistical Solutions™ makes
no representation that the Site, or the Services or Materials available through
it, are appropriate or available for use at other locations outside the United
States, and access to the Site from territories where the Site or any of its
Services or Materials are illegal is prohibited. If you access the Site from
a location outside the United States, you are responsible for compliance with
all local laws. See the section on export control laws, below, for further
information.
Personal information and privacy
To learn about how Statistical Solutions™ protects your personal
information, such as your name and address, refer to the Statistical Solutions™ Online
Privacy Policy. Except as set forth in the Privacy Policy or in the Terms
of Use, your personal information will be deemed to be confidential. With the
exception of Design Content and certain types of User Content, any non-personal
information or material sent to Statistical Solutions™ will generally
be deemed to NOT be confidential. You understand and agree that we may disclose
information about you if we have a good faith belief that we are required to
do so by law or legal process, to respond to claims, or to protect the rights,
property, or safety of Statistical Solutions™ or others, or as stated
in our Privacy Policy. Please be aware that your browser must be enabled to
accept cookies in order for you to order
from the Statistical Solutions™ online store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL STATISTICAL
SOLUTIONS™, ITS
SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS,
OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA, OR PROFITS, WHETHER OR NOT STATISTICAL SOLUTIONS™ HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE,
ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON
OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION
THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS
OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT
ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS
SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH
ABOVE MAY NOT APPLY TO YOU.
Notification of copyright infringement
Statistical Solutions™ will, in appropriate circumstances, terminate
the accounts of users who infringe the intellectual property rights of others.
If you believe that your work has been used or copied in a way that constitutes
copyright infringement and such infringement is occurring on this Site or on
sites linked to from this Site, please provide Statistical Solutions™ Copyright
Agent a Notice containing the following elements:
| 1. | a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; | |
| 2. | a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; | |
| 3. | a description of where the material that you claim is infringing is located on the Statistical Solutions™ site; | |
| 4. | information sufficient to permit Statistical Solutions™ to contact you, such as your physical address, telephone number, and e-mail address; | |
| 5. | a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; | |
| 6. | a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. |
Statistical Solutions™ Copyright Agent for Notice of claims of
copyright infringement can be reached as follows:
By mail:
Copyright Agent
Statistical Solutions™
119 Maria Lane
Cottage Grove, WI 53527-9356
By phone: (608) 839-3676
By e-mail: click the following link .. Contact Us
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT YOUR
WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT
AND SUCH INFRINGEMENT IS OCCURRING ON THIS SITE OR ON SITES LINKED TO FROM
THIS SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL
NOT BE RESPONDED TO. SUCH INQUIRIES SHOULD BE MADE THROUGH THE
FEEDBACK PROCEDURE LOCATED AT: http://www.statisticalsolutions.net/contact.php.
Forward-looking statements disclaimer
This Site may now, or hereafter from time to time, contain certain statements
or information with respect to (i) the projection of Statistical Solutions™ revenues,
income, earnings per share, capital expenditures, dividends, capital structure,
or other financial items; (ii) the plans, objectives, and/or projections of
Statistical Solutions™ for future operations, including those relating
to the products or services of Statistical Solutions™; (iii) Statistical
Solutions™ future economic performance; (iv) assumptions underlying
or relating to any of the foregoing statements or information; and (v) any
other projections, estimates, or forward-looking statements. All such statements
and information are forward-looking statements within the meanings of Section
27A of the Securities Act of 1933 and Section 21E of the Securities Exchange
Act of 1934. Such forward-looking statements are based upon, or will be based
upon, Statistical Solutions™ judgment with respect
to future events and are subject to a number of uncertainties and risks that
could cause actual results or circumstances to differ materially from those
expressed in the forward-looking statements. Statistical Solutions™ wishes
to caution you that such forward-looking statements are only predictions and
that actual events or results may differ materially.
Export control laws; notice to U.S. government users
The export and re-export of Statistical Solutions™ software products
are controlled by the United States Export Administration Regulations, and
such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya,
North Korea, Sudan, Syria, or any country to which the United States embargoes
goods. In addition, Statistical Solutions™ software may not be distributed
to persons on the Table of Denial Orders, the Entity List, or the List of Specially
Designated Nationals.
By downloading an Statistical Solutions™ software product you are certifying
that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, or any country to which the United States embargoes goods, and that
you are not a person on the Table of Denial Orders, the Entity List, or the
List of Specially Designated Nationals.
All Statistical Solutions™ products and publications are commercial in
nature. The software and documentation available on this Site are "Commercial Items," as that term
is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212
or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212
or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation
are licensed to U.S. Government end users (A) only as Commercial Items and
(B) with only those rights as are granted to all other end users pursuant to
the terms and conditions herein.
Indemnity and liability
You agree to indemnify and hold Statistical Solutions™, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of content you submit, post to, or
transmit through the Site (including, without limitation, any User Content,
Design Content or computer viruses), your use of the Site, your connection
to the Site, your violation of the Terms of Use, the actions of any member,
or your violation of any rights of another person or entity.
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by Statistical Solutions™ from
its offices within the state of Wisconsin, United States of America. By accessing
this Site, you and Statistical Solutions™ agree that all matters relating
to your access to, or use of, this Site shall be governed by the statutes and
laws of the State of Wisconain, without regard to the conflicts of laws principles
thereof.
Language
It is the express wish of the parties that the Terms of Use and all related
documents have been drawn up in English.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted
on the Site constitute the entire agreement between Statistical Solutions™ and
you with respect to your use of the Site. If for any reason a court of competent
jurisdiction finds any provision of the Terms of Use, or portion thereof, to
be unenforceable, that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the parties as reflected by that provision, and
the remainder of the Terms of Use shall continue in full force and effect.
Any failure by Statistical Solutions™ to enforce or exercise any provision
of the Terms of Use or related right shall not constitute a waiver of that
right or provision. The section titles used in the Terms of Use are purely
for convenience and carry with them no legal or contractual effect.
This 'Terms of Use' was last updated on August 1, 2008.
