TERMS AND CONDITIONS OF USE
This website, including any sub-site accessible through the homepage, is operated by S3 International, LLC (“S3 International”), its subsidiaries, affiliates and/or related entities (collectively, the “Site”). S3 International offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. BY USING THIS SITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE.
S3 International reserves the right, at its sole discretion, to change, modify, add or remove a portion of these Terms and Conditions of Use, at any time. It is your responsibility to check these Terms and Conditions of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions of Use, S3 International grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this Site.
WARRANTIES & LIMITATION OF LIABILITY
Your use of this Site is at your sole risk. S3 International is not responsible if information made available on this Site is not accurate, complete or current. The information and data contained on this Site is provided on an “AS IS” and “AS AVAILABLE” basis. S3 International reserves the right to restrict or terminate your access to the site or any feature or part thereof, at any time. S3 INTERNATIONAL EXPRESSLY DISCLAIMS ALL WARRANTIES OR ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM S3 INTERNATIONAL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. S3 INTERNATIONAL DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER S3 INTERNATIONAL NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF S3 INTERNATIONAL, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER S3 INTERNATIONAL NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH S3 INTERNATIONAL IS TO DISCONTINUE USE OF THE SITE. YOU AND S3 INTERNATIONAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCURES OR THE CAUSE OF ACTION IS PERMANENTLY CLOSED.
Any links provided on the Site may launch Internet sites that are not under the control of S3 International. S3 International provides these outside links solely as a convenience to its users and the inclusion of any link does not imply an endorsement by S3 International of that site or any of its contents, products, or services contained or offered therein. S3 International makes no representations or warranties concerning availability of or content, including sub-links, found on those sites.
LICENSE TO S3 INTERNATONAL, LLC
By uploading files, inputting data, submitting information, or engaging in any other form of communication through this Site, including but not limited to, feedback, questions, comments, suggestions, ideas, graphics or computer files of any type, you thereby expressly grant S3 International a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material, in whole or in part, worldwide and to incorporate it in other works in any form, media, or technology now known or hereafter developed.
You agree to indemnify, defend and hold harmless S3 International and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Site and any violation of these Terms and Conditions of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. S3 International reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with S3 International in the defense of such matter.
JURISDICTION AND INTERNATIONAL USERS
The laws of the State of Wisconsin, United States govern these Terms and Conditions of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts located in the State of Wisconsin for any action arising out of or relating to these Terms and Conditions of Use without giving effect to any principles or conflicts of law. If any material on this Site, or your use of this Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. S3 International makes no representation that the materials on this site are appropriate or available for use at other locations outside of the United States and access to this Site from territories where this Site’s contents are illegal is prohibited. If you access this site from locations outside of the United States, you are responsible for compliance with all local laws. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and S3 International with respect to the subject matter thereof and supersede all prior contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to the use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms and Conditions of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.