IF YOU DO NOT AGREE TO THE POLICY, YOU SHOULD NOT USE THIS WEBSITE. SPEAR MAY MODIFY THE POLICY FROM TIME TO TIME AND POST THOSE MODIFICATIONS HERE. SPEAR SHALL POST SUCH CHANGES AT LEAST THIRTY (30) DAYS BEFORE SUCH CHANGES BECOME EFFECTIVE, UNLESS SUCH CHANGES ARE IN RESPONSE TO A CHANGE IN LAW, JUDICIAL ORDER, OR AN URGENT CHANGE IN SPEAR'S BUSINESS, IN WHICH EVENT A SHORTER PERIOD MAY APPLY. YOUR CONTINUED USE OF THE WEBSITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED POLICY.
Spear obtains information from and about you in a number of different ways, including:
Spear uses and discloses your information as follows:
Spear may also use and disclose any of your information when legally compelled to do so, or when Spear, in good faith, believes that the law requires it or for the protection of Spear's legal rights or those of a third party.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPEAR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE, OR RELATED TO THE INFORMATION, CONTENT, AND FUNCTIONS THEREOF, WHETHER GENERATED BY THE WEBSITE, BY ANOTHER USER, OR BY UNAUTHORIZED ACCESS TO THE WEBSITE (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION, LOSS OF INFORMATION, DISRUPTIONS OR DELAYS ON THE WEBSITE, THIRD PARTY ACTIONS TAKEN THROUGH THE WEBSITE, ACTIONS TAKEN RELATED TO YOUR ACCOUNT, MALWARE OR COMPUTER VIRUSES OBTAINED BY USING THE WEBSITE, OR LINKS ON THE WEBSITE) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SPEAR IN RESPECT OF ANY MATTER TO WHICH THIS POLICY APPLIES OR REGARDING THE WEBSITE EXCEED ONE THOUSAND DOLLARS ($1000.00). Some jurisdictions do not allow certain limitations of damages so the foregoing may not apply to you.
This Policy shall be subject to the laws of the State of Arizona as apply to contracts entered into and performed in Arizona between Arizona residents and without regard to conflicts of laws principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole and exclusive jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
SPEAR PROVIDES THE WEBSITE AND ALL GOODS AND SERVICES ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. SPEAR HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, ARISING FROM COURSE OF DEAL, USAGE OR TRADE, AND INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR TITLE.
Neither this Policy, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of Spear. Any purported assignment without such permission shall be void. This Policy, including corresponding access to your General Information, Personal Information and Cookie Information, may be assigned by Spear in whole or in part without notice. Any waiver of any rights of Spear under this Policy must be in writing, signed by Spear, and any such waiver shall not operate as a waiver of any future breach of this Policy. In the event any portion of this Policy is found to be illegal or unenforceable, such portion shall be severed from this Policy, and the remaining terms shall be separately enforced. Your use of the Website shall at all times comply with all applicable laws, rules and regulations. This Policy is the entire agreement between the parties with respect to this subject matter, and supersedes any and all prior or contemporaneous or additional communications, negotiations or agreements with respect thereto. In consideration of your use of the Website, you agree to defend, indemnify and hold harmless Spear (and Spear's officers, directors, employees, members, shareholders, managers, subsidiaries, affiliates, counsel, insurers, representatives, joint ventures, licensees and agents) from and against any and all claims, damages, threats, suits, proceedings, losses, liabilities and demands, including reasonable attorneys' fees, arising from or related to: (i) your use of and access to the Website or any disclosure or unauthorized use of your user name or password; (ii) your violation of this Policy; or (iii) ) your violation of any law, regulation or the third party right, including without limitation, any copyright, property or privacy right. This defense and indemnification obligation will survive the expiration or termination of your use of the Website. You agree that: (i) the Website shall be deemed solely located in Arizona; and (ii) the Website is and shall be deemed a passive website that does not give rise to personal jurisdiction over Spear, either specific or general, in jurisdictions other than Arizona. YOU AND SPEAR AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THIS POLICY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.