The Sites, Apps, and Services may only be accessed or used by individuals who register to use the Sites, Apps, and Services by providing accurate and truthful identifying information. Spire nevertheless reserves the right, in its sole discretion, to deny access by any User or to modify, suspend or terminate any User’s access to or use of the Sites, Apps, and Services at any time, for any reason or for no reason, without notice. In no event may this Sites, Apps, and Services be used or linked to by any party charging a fee for access to this Sites, Apps, and Services or for access to any information on the Sites, Apps, and Services without the prior written consent of Spire.
Each User may be assigned a unique password, permitting such User (and only such User) to access and use authorized portions of the Sites, Apps, and Services. No User shall create more than one account on the Sites, Apps, and Services without the prior written consent of Spire. You are responsible for maintaining the confidentiality and security of your password, and for any and all use of your password or registration, and all activities relating to your password or account. You agree (a) not to disclose or share your password with any third party, (b) to use your best efforts to prevent any third party from obtaining your password, and (c) to inform us immediately of any actual or potential unauthorized use of or access to your password or to the Sites, Apps, and Services. Passwords are subject to cancellation or suspension and Users may be subject to additional fees upon the misuse of any password.
The Sites, Apps, and Services may only be used for lawful purposes, to obtain information about and to access Spire’s products and services. These Sites, Apps, and Services also provide a passive platform for those interested in learning about Spire’s unique and proprietary products and services, to store and retrieve their user data including as collected by various Spire products and services, and to interact with one another. The content accessed on this site is solely provided for your personal use, general information and convenience, and may not be used for any commercial purpose except as authorized by Spire.
The information contained in or conveyed by these Sites, Apps, and Services is for informational purposes only. Spire does not control, and is not responsible, for the accuracy of any information posted on this site by any User. Recipients of this information should not act upon it in any way without consulting their qualified personal medical advisors prior to undertaking any therapeutic program.
Users must use the Sites, Apps, and Services in accordance with all applicable international, federal, state and local laws, and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violates any law. For example, Users specifically acknowledge and agree that they may not:
Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of the Sites, Apps, and Services or its Content in any way, including, without limitation:
Violations of system or network security may result in civil or criminal liability. Spire may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
These Sites, Apps, and Services may not be used for any commercial activity other than those described in the Section entitled "Acceptable Use of the Sites, Apps, and Services," without the prior written consent of Spire. Posting or transmitting any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation without the prior written consent of Spire is strictly prohibited.
Users are strictly prohibited from, and agree to refrain from, reproducing, duplicating, copying, selling, reselling, trading or otherwise distributing or exploiting for any commercial purposes the Sites, Apps, and Services or their Content or any portion thereof, access to or use of the Sites, Apps, and Services or the Content or any portion thereof, or any of the related services offered on the Sites, Apps, and Services.
We also gather and compile information and data about our Users and their usage of the Sites, Apps, and Services on an aggregate basis and in a manner that does not disclose or reveal any personally identifying information about individual Users. You understand, acknowledge and agree that we are the sole owners of all such aggregate data for all purposes, and have the unrestricted right to use such data and to disclose or distribute such data to third parties as we deem appropriate so long as it does not contain personally identifiable information about our Users.
Users are solely responsible for any and all content and communications that they post or transmit to the Sites, Apps, and Services or to any User of the Sites, Apps, and Services, as well as for the consequences of such postings and transmissions. Spire has no obligation to preview, screen, edit or monitor User-submitted content on the Sites, Apps, and Services. Spire has no control over and takes no responsibility for the truthfulness, accuracy, quality, safety, morality, desirability or legality of any User communications or User-submitted content on the Sites, Apps, and Services. You acknowledge that any reliance on any material or communication posted or transmitted by another User will be at your own risk and subject to your own discretion.
By submitting or posting any content to any area of the Sites, Apps, and Services, you grant Spire, including its affiliates, licensees, and assigns, the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology whether now known or later developed.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for the purposes contemplated by the Sites, Apps, and Services. Subject to the foregoing, the owner of such content placed on the Sites, Apps, and Services retains any and all other rights that may exist in such content which are not otherwise limited or modified by the grant of this license.
The Sites, Apps, and Services may provide content and material from, and links and references to, web sites of third parties and other third party resources not controlled by Spire; We may also rely on such Third Party Content for services to be rendered to You or Us (collectively, “Third Party Content”). Third Party Content specifically includes, but is not limited to, all information and postings by Users. You acknowledge and agree that Spire neither endorses nor is responsible or liable for the availability, accuracy, currency or reliability of any Third Party Content. Any concerns regarding such Third Party Content should be directed to the third party.
The Sites, Apps, and Services and its contents, including, but not limited to, the Sites, Apps, and Services look and feel, text, graphics, icons, logos, buttons and images and any and all software used on or incorporated in the Sites, Apps, and Services (collectively, the "Sites, Apps, and Services Content"), are protected under United States and international copyright, trademark, patent, trade secret and other laws. All Sites, Apps, and Services Content is the property of Spire.
The compilation (meaning the collection, arrangement and assembly) of the Sites, Apps, and Services Content is the exclusive property of Spire and is protected by United States and international copyright laws. Unauthorized use of the Sites, Apps, and Services Content may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Sites, Apps, and Services Content on any copy you make of such material. You may not (a) sell or modify the Sites, Apps, and Services Content; (b) modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Sites, Apps, and Services, or (c) reproduce, display, publicly perform, distribute, or otherwise use the Sites, Apps, and Services Content in any way for any public or commercial purpose. The use of the Sites, Apps, and Services Content on any other web site or in a networked computer environment for any purpose is prohibited.
SPIRE, MAKE EACH BREATH COUNT, and all other Spire trade and service marks, trade names, slogans, tag lines, product and service names, and logos are trade or service marks of Spire (collectively, the "Spire Marks"). You agree that you will not, without the prior written consent of Spire display or use any of Spire Marks in any manner.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL SITE CONTENT AND RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, SPIRE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
SPIRE MAKES NO WARRANTY THAT (I) THE SITE OR ANY RELATED PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR (IV) THAT THE SITE OR ANY SERVER THROUGH WHICH YOU ACCESS THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPIRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE OR ANY SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL SPIRE BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND – INCLUDING WITHOUT LIMITATION LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA – ARISING OUT OF OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE, REGARDLESS OF WHETHER SPIRE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. YOU AGREE TO HOLD SPIRE HARMLESS FROM, AND YOU COVENANT NOT TO SUE SPIRE FOR, ANY CLAIMS BASED ON YOUR USE OF, OR INABLITY TO USE, THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If you believe any content or material on the Sites, Apps, and Services infringes your copyright, you agree to abide by the notice and take down procedures of the Digital Millennium Copyright Act by contacting our copyright agent and providing the following information:
These TOU shall be governed by and construed under the laws of the State of California without giving effect to the principles of conflicts of law and without application of the UN Convention on Contracts for the International Sale of Goods. No waiver of rights by either party shall constitute a subsequent waiver of any right under this Agreement and all waivers must be in writing. In the event that any term is held by a court to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of these TOS shall otherwise remain in full force and effect and enforceable. Licensee may not assign these TOU without the prior written consent of Spire at its sole discretion. This is the complete agreement between the parties hereto concerning the subject matter of this agreement and replaces any prior oral or written communications between the parties with respect thereto.
If you access the Website from a location outside of the United States, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Spire makes no representation that materials on this site are appropriate or available for use in locations outsides of the United States, and accessing them from territories where their contents are illegal is prohibited.
©2014 Spire, Inc. All rights reserved. Spire reserves the right to make changes in services, terms, and other information contained in this document without prior notice. The reader should in all cases consult Spire to determine whether any such changes have been made.