Terms of Use

By accessing and using this Website or any of the content and services provided herein, you agree to be legally bound by these Terms of Use, as well as all applicable terms, policies and operating procedures that may from time to time be published on this Website and the websites of our Gartner Affiliates and Participating Vendors, which are incorporated herein by this reference.

IF YOU DO NOT AGREE TO OUR TERMS OF USE, PLEASE DO NOT ACCESS OR USE OUR WEBSITE.

DEFINITIONS:

COMPANY CONTENT: the Superior Shot Peening Website and Services, including without limitation the Domain Names and Company Content of Company and all our Affiliates, along with all intellectual property rights therein.

SERVICES: the Superior Shot Peening Website and Content of Company and the services provided therein, including without limitation: free user services, applications and tools.

WEBSITE: the online location where Company provides its Services and posts its Content, which includes without limitation services provided at or using the following domains: superiorshotpeening.com and such other or successor domain names as may be operated, acquired or used from time to time by Company and its Affiliates.

USE OF WEBSITE:

While using the Website and Services, You Are Responsible for Your Actions.

By accessing and using the Website and Services, You Represent and Warrant:

• That you will not duplicate, download, publish, modify or otherwise distribute any Content on this Website for any purpose other than for your own individual use.
• That you will not avoid, bypass, reverse engineer, interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by Company to administer and protect the Website and Services.
• That you will not forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content posted or transmitted through or on the Website;
• That you will not access the Website and Services by any means other than through interfaces expressly authorized by Company and these Terms of Use.
• That you will not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of the Website or our Vendors without our express written consent.
• That you will not scrape or download Content from the Website or Services, or otherwise without authorization use, upload Content to, or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools ).

PRIVACY AND SECURITY:

Company takes your Privacy seriously and endeavors to comply with applicable data privacy laws in all regions where we do business. Please review our Privacy Policy, which governs your access to and use of the Website and the Services and sets forth the information we may collect from you and how we will safeguard and use it to administer your Services and Website experience.

By communicating with us via e-mail or by submitting any request on the Website, you consent to receive e-mail or other electronic communications from Company, our parent company and our Affiliates.

You shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorized to access; (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (d) attempt to interfere with service to any user, host or network.

By accessing and using the Website, you understand and accept the risk that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

DISCLAIMER:

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED OR THAT THE CONTENT ON THE WEBSITE IS ACCURATE OR APPROPRIATE FOR YOU.

Note: As some jurisdictions do not allow exclusion of implied warranties, the above exclusions may not apply to you.

You understand that certain services on the Website may include materials and information from third parties and links to other websites and resources over which Company has minimal control. Your use of those third party websites is subject to their terms and conditions and you agree that Company is not responsible or liable for any loss or damage incurred as the result of your transactions with such third parties.

LIMITATION OF LIABILITY:

NEITHER COMPANY, ITS PARENT COMPANY OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF COMPANY, ITS PARENT COMPANY AND AFFILIATES FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, SERVICES OR THESE TERMS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED U.S. DOLLARS ($100).

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY AND ALL DISPUTES ARISING BETWEEN USERS OF THE WEBSITE OR SERVICES. BY USING THE WEBSITE AND SERVICES, YOU RELEASE COMPANY, ITS PARENT COMPANY AND AFFILIATES FROM ALL LIABILITY FOR CLAIMS ARISING FROM SUCH DISPUTES.

INDEMNITY:

You agree to indemnify and hold Company, its parent company and Affiliates harmless, and, at Company's request, to defend us from and against any third party claims, demands, causes of action, debts, losses or liabilities, including reasonable attorneys' fees, to the extent that such claim is based upon, arises out of, or relates to a violation of these Terms of Use or applicable laws.

GOVERNING LAW:

By accessing and using the Website and Services, you consent to these Terms of Use and agree that the laws of the State of Texas without regard to principles of conflict of laws, will govern all matters relating to or arising from these Terms of Use and the parties irrevocably consent to bring any action to enforce these Terms of Service in the federal or state courts located in the State of Texas. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Website, the Services or these Terms of Use must be filed or otherwise commenced within one (1) year after such claim or cause of action arose or shall be forever barred.

WAIVER AND SEVERABILITY:

Company’s failure to act with respect to a breach by you or others will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these Terms of Use.

ENTIRE AGREEMENT:

These Terms of Use constitute the entire agreement between you and Company with respect to the subject matter addressed herein, and supersede any prior agreements between you and Company relating to such subject matter. We reserve the right to update or otherwise modify these Term of Use from time to time. You are responsible for checking these Terms of Use periodically for changes and updates. Your use of this Website following such posted changes and updates will be deemed an acceptance of such changes and updates.

BY ACCESSING AND USING THE WEBSITE AND SERVICES, YOU ATTEST THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THE FOREGOING TERMS OF USE.

LAST UPDATED: APRIL 2018