- Parties. The parties to this Agreement are you, and the owner and operator of this web site: Spider Financial, Corp. (“Spider Financial”). All references to “we”, “us”, “this web site” or “this site” shall be construed to mean Spider Financial.
- Restrictions. Except as expressly authorized herein or in any separate written agreement signed by the parties or separate agreement originating from this site, you may not copy, modify, distribute, download, display, transfer, post, or transmit this site or its content in any form without Spider Financial’s prior written permission.
- Prohibited Activities. The following activities are also expressly prohibited without Spider Financial’s prior written permission: use of any robot, spider, other automatic device, or manual process to monitor or copy this site or any of its content; “mirroring” this site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on this site or otherwise interferes with its functioning.
- Posting To This Site. We will not treat information that you post to areas of this site that are viewable by others (for example, to a forum or chat-room) as confidential or proprietary. By posting information to this site, you agree that we may use that information without restriction. You may not post any infringing, threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We have no obligation to monitor posts to this site; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate.
- Account Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form (“Registration Data”), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.
- Your Account. You are responsible for maintaining the confidentiality of your login, password, and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify Spider Financial of any unauthorized use of your password or account or any other breach of security. Spider Financial cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Termination of Your Account. You agree that Spider Financial may, with or without cause, immediately terminate your Spider Financial account and access to the account services without prior notice. Without limiting the foregoing, the following will lead to a termination by Spider Financial of your account: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings available to account holders, (b) deletion of your password and all related information, files and content associated with or inside your account, and (c) barring further use of the account. Further, you agree that all terminations shall be made in Spider Financial’s sole discretion and that Spider Financial shall not be liable to you or any third-party for any termination of your account or access to account services.
- Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day Spider Financial accepts the order. Item prices shall be identified on the on-line order form at the time of your order placement. Spider Financial may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.
- Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings nor, nor do we assume any legal obligation or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
- ECPA Notice. This web site treats email messages and other communications through this site (except for email messages posted to areas of this site that are viewable by others) as private. Exceptions are those permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the “ECPA”). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a “secure communications medium” under the ECPA.
- USA Patriot Act Notice. The U.S. federal USA Patriot Act (“USA Patriot Act”) provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
- Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by Spider Financial or others. Except for the limited rights granted above, all other rights are reserved. All trademarks are the property of their respective owners.
- Copyright Infringement; The Digital Millennium Copyright Act Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement
Spider Financial Corp.
53 W Jackson Blvd, Ste 1629
Chicago, IL, 60604
Agent’s Name: Mohamad EL-Bawab
Email Address: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
- Accuracy of Information and Disclaimer of Warranty. Spider Financial has made every effort to present the content on this site accurately, but additions, deletions and changes may occur. Except as may be provided in any separate agreements originating from this site, products, services, and/or content on this site is provided “as is”, and neither Spider Financial nor its representatives make any representation or warranty with respect to such products, services, and/or content. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, Spider Financial AND ITS REPRESENTATIVES SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
- Limitation of Liability. Under no circumstances will Spider Financial or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this site or its content, even if they have been advised of the possibility of such damages. You access and use this site at your own risk.
- Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site (“Advertisers”). Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each Advertiser.
- Consumer Rights Information; California Civil Code Section 1789.3. Pricing information is posted as part of the ordering page(s) for this site. Spider Financial maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to Spider Financial’s agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry: Spider Financial, Corp.
53 W Jackson Blvd, Ste 1629 Chicago, IL, 60604
Contact: [email protected]
You may contact Spider Financial with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1507 E 53rd Street, Ste 480, Chicago, IL 60615, or by telephone at 1- 312-257-3777.
- Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Granite Bay, California, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcement of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
- Controlling Law. This Agreement shall be construed under the laws of the State of California, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
- Users Outside the United States. This site is controlled and operated by Spider Financial from its offices within the United States. Spider Financial does not represent that this site is appropriate or available for use elsewhere; access to this site from locations where its contents are illegal is not authorized. If you access this site from outside the United States, you do so on your own initiative and at your own risk.
- Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Spider Financial Corp does not give any warranty or other assurance as to the operation, quality or functionality of the site. Access to the site may be interrupted, restricted or delayed for any reason. Spider Financial Corp also does not give any warranty or other assurance as to the content of the material appearing on the site, its accuracy, completeness, timelessness or fitness for any particular purpose. To the full extent permissible by law, Spider Financial Corp disclaims all responsibility for any damages or losses
(including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on Spider Financial Corp, or from any action or decision taken as a result of using Spider Financial Corp or any such material. Spider Financial Corp contains links to external sites. Spider Financial Corp is not responsible for and has no control over the content of such sites. Information on Spider Financial Corp, or available via hypertext link from Spider Financial Corp, is made available without responsibility on the part of Spider Financial Corp. Spider Financial Corp disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from Spider Financial Corp.
Definitions Personal Data
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession). Usage Data
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit). Cookies
Cookies are small pieces of data stored on a User’s device. Data Controller
Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively. Data Subject
Data Subject is any living individual who is the subject of Personal Data. User
The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.
Information Collection And Use
We collect several different types of information for various purposes to provide and improve our Service to you. Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us. Usage Data
We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. Location Data
We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time, through your device settings. Tracking Cookies Data
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
Spider Financial Corporation uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Retention of Data
Transfer Of Data
Disclosure Of Data Business Transaction
Under certain circumstances, Spider Financial Corporation may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Legal Requirements
Spider Financial Corporation may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of Spider Financial Corporation
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security Of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
“Do Not Track” Signals
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Spider Financial Corporation aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data. Whenever made possible, you can update your Personal Data directly within your order account settings section. If you are unable to change your Personal Data, please contact us to make the required changes. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the right:
- To access and receive a copy of the Personal Data we hold about you
- To rectify any Personal Data held about you that is inaccurate
- To request the deletion of Personal Data held about you
You have the right to data portability for the information you provide to Spider Financial Corporation. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it. Please note that we may ask you to verify your identity before responding to such requests.
We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. Analytics
We may use third-party Service Providers to monitor and analyze the use of our Service. Google Analytics
Google AdWords remarketing service is provided by Google Inc. You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout
– for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: http://www.google.com/intl/en/policies/privacy/ Payments
Links To Other Sites
Our Service does not address anyone under the age of 13 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
SpiderXL®, NumXL®, CalendarXL®, XHGProdXL® and PortfolioXL® are trademarks or registered trademarks of Spider Financial Corp. Microsoft Excel®, Microsoft and the Office logo are trademarks or registered trademarks of Microsoft Corporation in the United States and/or other countries. MATLAB® is a trademark or registered trademark of The MathWorks, Inc. S-Plus®, TIBCO Spotfire S+ ® are trademarks or registered trademarks of TIBCO/Insightful, Inc. The code of NumXL and CalendarXL is copyrighted. Any Copyright Infringement will be prosecuted.