Terms of Use

PLEASE READ THE TERMS AND CONDITIONS SET FORTH IN THIS NOTICE (THE “TERMS OF USE”) CAREFULLY BEFORE PROCEEDING TO USE THIS WEBSITE. YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SPIA-INDEX.COM SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.

General

SPIDI Technologies, LLC (“SPIDI” or “Company”) is the owner and operator of this SPIA-Index.com website (“Website”). By accessing this Website in any way, whether as a public user, a registered subscriber, or via a link to this site through another website, program or hardware device, the receiving party or system, you as the “Subscriber” is entering into this agreement with the Company. You acknowledge and agree that the Terms of Use governing this Website, including any applicable Subscription Terms are valid and binding in all respects.

For purposes of this agreement, the SPIA Index™, all data accessed directly or indirectly from the Website (in whole or in part), plus all weather analysis information shared by the Company through the Website, email, social media or other electronic means are defined as the “Products”. Additionally, the collective offering provided by the Company, its Website and its Products is defined as the “Service”.

Use of the Services

Some areas of the Website are fee-based and require subscription credentials to access. Any Subscriber who uses those areas is bound to the Subscription Terms contained within this Terms of Use.

Subscriber agrees, as a condition of use of the Service, not to use the Service for any purpose that is unlawful or prohibited by the Terms of Use. By way of example, and not as a limitation, Subscriber agrees, when using the Service, not to: Create a false identity for the purpose of misleading others; Restrict or inhibit any other Subscriber from using and enjoying the Website and its Products; Attempt to gain unauthorized access to any part of the Website, other accounts, computer systems or networks connected to any Company server or to any part of the Website, through hacking, password mining or any other means; Use the Website in any manner that could damage, disable, overburden, or impair any Company server or other property, or any network(s) connected to any Company server; Disassemble, decompile, or reverse engineer the Website software, or use a robot, spider, or any similar device to copy or catalog the Products or any portion thereof; Take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the Website’s control or security systems, or allow or assist a third party to do so; Use the Service in any way which may violate or infringe the Company’s expressly reserved rights, the rights of Company’s Providers, and the rights of third parties.

Use of the Products

Information provided by the Service to the Subscriber can be utilized only for Subscriber's sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with the Company or its Providers.

Subscriber may view, download, copy and print Products subject to the following restrictions: (1) the Products may be used solely for personal and/or internal purposes and may not be re-distributed without the express written consent of the Company; (2) the Products may not be modified or altered in any way; (3) any copyright or other notices must appear on all copied Products; and (4) certain Products on this Website may be subject to further use, modification, copying and/or dissemination restrictions which shall take precedence over this general provision.

Availability; Suspension; Termination

The Website is usually available 24 hours a day, 7 days a week, however, Company reserves the right to make the Website unavailable from time to time for any reason and at any time without prior notice. Subscriber agrees that Company shall not be liable for any damages arising from any interruption, suspension or termination of the Website.

Company may at any time, without notice, and for any or no reason, suspend or terminate Subscriber’s access to any or all aspects of the Services and/or disable Subscriber’s login information. Grounds for doing so may include, but are not limited to, legal or regulatory reasons, investigation of suspicious activities, or action by authorities, or if Company has reason to suspect that Subscriber is engaged in activities that may violate these Terms of Use, applicable laws, or are otherwise deemed harmful to Company, its network or facilities, or other registered users. Company shall not be liable to Subscriber for any suspension of the Website or Subscriber’s access to the Website or Services, regardless of the grounds.

Subscription Terms

Subscriptions are available for purchase by the Subscriber for access to fee-based Products.

Subscriber agrees to pay to Company the agreed upon fees for various fee-based Products and services available by or through the Company. Failure to pay these fees in a timely manner will result in an interruption of fee-based Website Products and Services and the inability to access the fee-based sections of the Website.

Charges and the subscription package content are negotiated between Subscriber and Company, the terms of which are defined in the End User License Agreement (EULA).

Equipment and Availability

Subscriber shall be responsible for obtaining and maintaining all devices, wired or wireless communications means, telephone, computer software, computer hardware and other equipment needed for access to and use of the Services.

Communications to and from Company

Subscriber consents to receive communications from Company electronically. Company will communicate with Subscriber by e-mail or by posting notices on the Services. Subscriber agrees that all agreements, notices, disclosures, and other communications that Company provides to Subscriber electronically shall satisfy any legal requirement that such communications be in writing.

Company may periodically contact Subscriber for customer service purposes. By accessing the Services, Subscriber consents to receive such communications. Subscriber’s participation in such customer service initiatives shall be entirely voluntary. Company shall keep any personally identifiable information obtained through such initiatives as confidential, except as required by law. Company may use, in the aggregate, any information gained through such customer service initiatives that is not personally identifiable in its marketing or sales materials and initiatives.

Third Party Sites and Providers

The Website may link, redirect, or connect to, or utilize capabilities from other sites, servers and Internet Service Providers. To the extent applicable, these Terms of Use shall apply. Subscriber acknowledges that Company is not responsible for the privacy practices or the content of these other websites.

Viruses

Company assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect Subscriber’s computer equipment or other property on account of Subscriber’s access to, use of, or browsing in the Services or Subscriber’s downloading of any materials, data, text, images, video, or audio from the Services.

Export Control

Software and other materials from the Services may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No Products from the Services may be downloaded or exported (1) into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Company does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Laws. Licensee should contact the Bureau of Export Administration, United States Department of Commerce, Exporter Counseling Division, Washington, D.C., http://www.bxa.doc.gov/.

Governing Law

The laws of Oklahoma, U.S.A. will apply to any disputes arising out of or relating to this Terms of Use or the Services. All claims arising out of or relating to this Terms of Use or the Services will be litigated exclusively in the federal or state courts of Logan County, Oklahoma, USA, and you irrevocably submit to personal jurisdiction in those courts.

Severability

If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Modifications To Terms

Company may at its sole discretion, change these Terms of Use. Company will post notice of such changes on the Services. If Subscriber objects to any such changes, Subscriber’s sole recourse shall be to stop using the Services. Subscriber’s continued use of the Services following notice of any such changes shall indicate acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Company Specific Disclaimers

Subscriber acknowledges and understands the uncertainties associated with precise predictability of weather conditions. The Company provides information on the Website using gridded forecast data provided by the National Weather Service. Though this data is considered best-of-breed, Company does not and cannot make any express or implied warranties, guarantees or assertions that the weather information presented on the Website will occur as forecast or has occurred. Company and its providers have no responsibility or liability to Subscriber or to anyone else for any inconsistency, inaccuracy or omission in any part of the information that is presented on the Website.

The SPIA Index™ (the “System”) was developed based upon a database of known conditions and resulting damage. While this information can be extrapolated to make predictions to various weather conditions, there is no guarantee the actual resulting damage will match that predicted by the System. Further, actual resulting damage can be impacted by other factors not considered by the System, such as shifts in wind direction, time of year, construction standards of utilities in affected areas, age of utility systems, amounts of foliage in area, etc.

General Disclaimers

THE SERVICES ARE PROVIDED AS IS, AND YOU EXPRESSLY AGREE TO USE THE SERVICES AT YOUR RISK. THE COMPANY EXPRESSLY DISCALIMS ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THESE INCLUDE WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, COMPANY ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SERVICES, AND CONTENT ACCESSED THROUGH THE SERVICES; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES; THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitations of Liability

COMPANY SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON THE SERVICES BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY SUBSCRIBER OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, INCLUDING NEGLIGENCE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES; ANY INABILITY TO ACCESS OR USE THE WEBSITE OR THE SERVICES; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICES.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF THE SERVICES.

YOU, AS A SUBSCRIBER, ACKNOWLEDGE AND AGREES THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, AND REGISTRATION OF YOUR CONTACT DATA CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE.