"Agreement" or "Terms" shall refer to these Terms of Service.
"Newcomb Spring" or "Company" or "Us" or "We" or "Our" shall refer to Newcomb Spring Corporation and its affiliated entities, including Newcomb Firearms Components and Newcomb Medical (collectively referred to as "Newcomb Spring").
"User" or "You" or "Your" shall refer to the individual(s) accessing this Service. Additionally, You are deemed to be an authorized agent of any employer, agency, or other entity on whose behalf You access this Service.
"Service" shall refer to the Springulator software accessed through the www.springulator.com site, and any updates, enhancements, and/or new features of the Springulator software available through the Service.
Services, Maintenance, and Updates
Newcomb Spring provides to User a web-based interface at www.springulator.com to access and use the Springulator software, which permits calculation of certain spring requirements and functions. This Service is provided to User free of charge in exchange for Your agreement to these Terms of Service.
Newcomb Spring may, from time to time, revise, fix, update, upgrade, enhance, or otherwise edit or roll out new versions of the Service. Any such updates or fixes become part of the Service and are subject to these Terms of Service. Continued use of the Service after such changes constitutes acknowledgement and acceptance of any such changes. Newcomb Spring is not obligated to make any revisions or edits to the Service. Newcomb Spring is not obligated to, and does not provide, maintenance or support to User for the Service.
Company endeavors to keep the Service available, up-to-date, and accurate. However, the material available through the Service may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the material available through the Service. Changes are periodically made to the Service, and may be made at any time. Further, Company reserves the right to have portions of or the entire Service unavailable from time to time, as needed for maintenance, or for reasons beyond Company's control.
The Service is not designed to and will not ensure spring function and stresses are acceptable or provide values that should be used in production. The Service is not fault tolerant, nor designed, manufactured or intended for use in hazardous environments requiring fail-safe performance (including, without limitation, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems) in which failure of the Service could lead directly or indirectly to death, personal injury or severe physical or environmental damage. Newcomb Spring and its suppliers specifically disclaim any express or implied warranty of fitness for a particular purpose and shall have no liability for any use of the Service in any high-risk situations. You should seek and consult trained professional engineers for production purposes.
Newcomb Spring owns all rights, title, and interest in the Service, the Springulator software, and any updates, enhancements, and/or new features of the Springulator software available through the Service and all associated intellectual property. You do not acquire any right, title, or interest in or to the Service or the Springulator software under these Terms of Services except for the limited and temporary right to use them as necessary for use of the Service. These Terms of Service do not grant User any intellectual property rights in or to the Service or any of its components. All materials on the Service, except where noted, are the exclusive property of Company, and may not be reproduced, copied, disseminated, downloaded, reused, distributed, transmitted, sold, modified, or used for any purpose except use of Service without the express written consent of Company. Any unauthorized use may violate copyright, trademark, or other laws.
Specifically, but not by way of limitation, the terms "Newcomb Spring Corporation" and "Springulator", the kangaroo design, and all original works of authorship, including the design and content and components of the Service, are owned by Newcomb Spring and protected by applicable copyright and trademark law.
User Conduct and Prohibited Acts
The following activity will not under any circumstances be tolerated: fraudulent, false, or misleading communications; harassing communications; illegal, abusive, or threatening communications; infringement of copyright, trademarks, or patents; sexually explicit or obscene communications; defamatory communications; or communications harmful to minors. You may not send us links, uploaded material, or material to be downloaded if it contains malicious, harmful, or destructive content. Further, You agree to not use the Service to attempt to or gain unauthorized access to other computer systems or data.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any material communicated to Company using the Service. User acknowledges and agrees that this Service is for informational purposes only and that nothing contained or provided by Service, except as provided herein, shall be considered as a basis of any bargain, representation, warranty, or contract between User and Company.
Communications with Newcomb Spring
If You give legal notice to Company, You must use the address on the Company's publicly available Secretary of State business records. All notices will be deemed received by Company as follows: (i) if by hand-delivery, on the date of delivery, (ii) if delivery by U.S. Mail, on the date of receipt appearing on a return receipt card, (iii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iv) if by electronic mail, only upon receipt of acknowledgement from Company. Each party agrees that any notice that it receives from the other party electronically satisfies any legal requirement that such communications be in writing.
Commercial Sales/No Waiver
All sales initiated through Website communications shall be subject to all applicable commercial and regulatory laws. Nothing herein shall be construed as a waiver of any rights, remedies, or protections that Company would ordinarily have in commercial transactions outside of the Website. These rules and regulations include but are not limited to international treaties, trade embargoes, and laws affecting international commerce, the laws of the United States of America, and the commercial code of the State of Georgia, where all sales and contracts initiated through this Website shall be deemed to have occurred unless otherwise agreed. If You have questions or concerns about these applicable rules and regulations, You should consult with legal counsel of Your choice.
Requesting a Quote
Newcomb Spring makes no guarantees regarding the accuracy of the products and services quotes provided through the Service. The quotes provided through the Service are strictly estimates and Newcomb Spring does not guarantee the accuracy of any estimates. All estimates are based on information provided by You and may be subject to additional charges which may increase the ultimate cost of the services and products to be provided. All quotes provided or initiated through the Service are intended solely as a guide and are subject to change. Newcomb Spring shall not be obligated to perform any services or provide any goods as a result of any quote You obtain through this Service. Prior to rendering any services or providing any goods, You shall enter into a separate agreement with Newcomb Spring which shall govern such customer relationship. The terms of such agreement may differ substantially from the information provided by this Service. Newcomb Spring shall not be liable for any inaccuracies between any online quote and the final agreement nor shall Newcomb Spring be liable for any losses incurred as result of Your reliance on any quote obtained through the Service.
Nothing herein shall be construed as a contract for a definite term. By using this Service User is not an employee or agent of Company. Company may at any time and for any or no reason suspend or terminate Service. Upon violation of any of these Terms and Conditions, User's right to use Service automatically terminates.
Choice of Law and Jurisdiction
These Terms of Service shall be construed and enforced under the laws of the State of Georgia, USA without reference to the choice of law principles thereof. You hereby consent to and submit to the jurisdiction of the federal and state courts located in the State of Georgia. You waive any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. COMPANY PROVIDES THIS SERVICE "AS IS" AND "AS AVAILABLE" AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. COMPANY DOES NOT MAKE ANY PROMISE, REPRESENTATION, OR AFFIRMATION CONCERNING THE OPERATION, AVAILABILITY, ACCURACY, TIMELINESS, OR CONTENTS, PRODUCTS, FEATURES, OR SERVICES OF SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT: (I) THE SERVICE IS ERROR-FREE, BUG FREE, OR SECURE; (II) THE SERVICE WILL OPERATE IN AN UNINTERRUPTED MANNER OR IN COMBINATION WITH OTHER SOFTWARE AND HARDWARE PRODUCTS; (III) DEFECTS IN THE SERVICE WILL BE CORRECTED; (IV) THE SERVICE WILL MEET ANY OR ALL OF THE REQUIREMENTS OF USER, OR ENCOMPASS ANY OR ALL OF THE FUNCTIONALITY DESIRABLE BY YOU; OR (V) THE SERVICE WILL BE FREE OF 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 SERVICE.
COMPANY DOES NOT INTEND USER TO RELY ON THE ACCURACY OF THE INFORMATION ON SERVICE; USER SHOULD CONDUCT ITS OWN DUE DILIGENCE AND ASSUMES ALL RISKS. NO WRITTEN OR ORAL REPRESENTATIONS OR INFORMATION GIVEN BY SERVICE OR ITS REPRESENTATIVES WILL CREATE A WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR REPRESENTATIONS. COMPANY EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THE STATUTORY WARRANTY OF NON-INFRINGEMENT, EXCEPT TO THE EXTENT COMPANY EXPRESSLY CLAIMS EXCLUSIVE RIGHTS HEREIN. COMPANY FURTHER DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, OR COMMUNICATIONS THROUGH, RELATED TO, OR AS A RESULT OF USE OF THE SERVICE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, STATUTORY, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICE, THE ACCURACY OF THE INFORMATION ON SERVICE, USE OF THE SERVICES OR TRANSACTION THROUGH THIS SERVICE, OR THE AVAILABILITY OF ALL OR PART OF SERVICE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS, OR RELATIONS THROUGH, RELATED TO, OR AS A RESULT OF THE SERVICE. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN ANY INSTANCE, THE LIABILITY OF COMPANY SHALL BE LIMITED TO $100.00.
User releases, remises, and forever discharges Company, its officers, directors, shareholders, trustees, managers, representatives, employees, consultants, contractors, professional advisors, agents and affiliates (collectively, "Company Group") from and of any and all actual or alleged claims, contracts, losses, demands, attorney fees, court costs, and any other liabilities from any actions arising out of or related to the use of this Service even if such loss, damage, liability or expense results directly or indirectly from Company's negligence. You agree to defend, indemnify, and hold harmless the Company Group for and from any actual or alleged loss by reason of, in any way relating to, or arising out of: (a) Your use of this Service and any violation of any law, rule, or regulation arising out of such use; (b) any misuse of information, including email addresses and email content arising out of or relating to Your use of this Service; and (c) any violation of these Terms of Service.
Other Legal Issues
Enforcement of these terms and conditions is solely at Company's discretion and the absence of enforcement of them in some instances does not constitute a waiver of Our right to enforce them on other instances. In addition, these Terms of Service do not create any private right of action on the part of any third-party.
You agree that no joint venture, partnership, employee-employer, franchiser-franchisee, or agency relationship exists between You and Newcomb Spring or its affiliates as a result of Your use of the Service.
User agrees it will not knowingly, directly or indirectly, export or transmit any products to any country to which export or transmission is restricted by applicable law.
If any portion of these terms and services is held invalid, it is agreed that the balance of the terms and services shall continue in full force and effect.
Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.
Company will not be liable in any amount for failure to perform under these Terms of Service if such failure is caused by the occurrence of any event beyond its reasonable control, including, but not limited to, power outages, Internet outages, communications outages, fire, flood, earthquakes, tornadoes, war, acts of God or the occurrence of any other unforeseen contingency beyond the control of Company.
You acknowledge and agree that the Service possesses a special, unique and extraordinary character that makes difficult the assessment of monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Newcomb Spring or other users of the Service for which Newcomb Spring or such other users would not have an adequate remedy at law. Therefore, You agree that, in the event of unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to the Company, Newcomb Spring shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
You may also contact us at firstname.lastname@example.org, by mail at 5408 Panola Industrial Boulevard, Decatur, GA 30035, or by phone at (770) 981-2803 if You want to change Your personal information, give us feedback, or request other information.