Last Updated: January 22, 2015
BY ACCESSING, BROWSING, AND/OR USING THE SITE YOU AGREE TO THESE TERMS AND ANY AGREEMENTS, POLICIES, GUIDELINES, OR DOCUMENTS INCORPORATED IN THESE TERMS BY REFERENCE. YOU AGREE THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND SPIRIT. IF YOU DO NOT WISH TO BE BOUND TO THESE TERMS, THEN YOU MUST IMMEDIATELY STOP ACCESSING, BROWSING, OR USING THE SITE.
If you have any question regarding the use of the Site, please refer first to the Contact information on the home page. All other questions or comments about the Site or its contents should be direct to the webmaster through e-mail at firstname.lastname@example.org or by phone, (316) 526-3153 Monday through Friday, 8 a.m.- 4:30 p.m. Central time.
Copyrights. All copyrighted and copyrightable materials on or available from the Site, including, without limitation, the Spirit logo, pictures, software, the selection and arrangement thereof, and overall look and feel of the Site (the “Copyright Content”) are Copyright Spirit AeroSystems, Inc. and/ or its licensors, ALL RIGHTS RESERVED. Except as expressly allows in Sections 2 or 3 (and not prohibited in Section 4), none of the Copyright Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior, written consent of Spirit or the respective copyright owner. Permission is granted to temporarily display, copy, and download the Copyright Content utilizing temporary caching and normal web browser operations in support of the use of the Site as licensed hereunder, provided that you do not (a) copy, publish, or post any Copyright Content on any computer network or broadcast or publications media, (b) modify the Copyright Content, or (c) remove or alter any copyright and/or other proprietary notices contained in the Copyright Content.
Proprietary Marks. The “SPIRIT AEROSYSTEMS” mark, the Airplane/Compass Logo, the products and services described in the Site, all page headers, custom graphics, button icons, scripts, and general design, arrangement, and overall look and feel of the Site, are either trademarks, service marks, registered trademarks, trade names, and/or trade dress of Spirit and its suppliers and licensors, and may not be copied, imitated, or used, in whole or in part, without the prior, written consent of Spirit or its suppliers or licensors. All other trademarks, registered trademarks, product names, company names, or logos mentioned herein or on the Site are the property of their respective owners. You agree you will not contest our ownership and the ownership of our suppliers and licensors in the respective marks.
Submissions. Do not attempt to use or use the Site to submit information you consider to be confidential, proprietary or both to you or to others. Confidential and proprietary information should be submitted only in connection with the Spirit Sites that specifically allow for its receipt and protection. Subject to our Privacy Statement (if applicable) or any prior written agreements between Spirit and you, you agree that any materials, including but not limited to, requests for information, requests for quotations, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or other submission to Spirit, or postings on or through the Site, is non-confidential and non-proprietary to you and the sole property of Spirit. Spirit will own exclusive rights, including all intellectual property rights therein, and will be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you. You waive all moral rights to such materials, including the rights of paternity and integrity.
The Site is located, offered, stored, and processed in the United States. By using the Site, you acknowledge that your use is not private, and you agree and consent that all your information on, and usage of , the system may be monitored, recorded, retrieved, opened, and disclosed to others 1) for the purpose of ensuring that Spirit’s policies and procedures are being complied with and 2) for other lawful business purposes and uses by Spirit. Please see Spirit’s [insert named of document/policy] in which monitoring, etc is addressed for full details. By use of this website you further consent to the transfer of your personal information outside of 1) the country of your location at the time of your usage of the Site, and 2) the country of your residence or domicile, and 3) the country from which the information is transferred to Spirit’s Site.
Policy. It is our policy to respond to notices of alleged infringement in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If we remove or disable access to comply with the DMCA, we will make a good-faith attempt to contact the owner of the allegedly infringing content so that such owner may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is our policy to document all notices of alleged infringement on which we acts. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content, a product, or an activity is infringing or not infringing the copyrights or other proprietary rights of others.
Notice. To file a notice of infringement with us, you must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that: (1) identifies in sufficient detail the copyrighted or proprietary work that you believe has been infringed, (2) identifies the material that you claim is infringing the copyrighted or proprietary work you listed, including any file name, message ID, and/or URL of such material, (3) provides information reasonably sufficient to permit us to contact you (email address is preferred), (4) includes the following statement: “I have a good faith belief that use of the copyrighted or proprietary materials described above on the allegedly infringing web pages is not authorized by the rights owner, its agent, or the law,” (5) is signed by you, and (6) is sent to the address or number written below.
Counter Notice. You may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter notification, we will reinstate the material in question. To file a counter notification, you must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that: (1) identifies the specific file names, message IDs, and/or URLs of material that we have removed or to which we have disabled access; (2) includes your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Kansas, if your address is outside of the United States), and that you will accept service of process from the person who provided notification to us of infringement or an agent of such person; (3) includes the following statement: “I swear, under penalty of perjury, that I have a good faith belief that each of the proprietary material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” (4) is signed by you; and (5) is sent to the address or number written below.
Address. All DMCA notifications and counter notifications must be sent to the following address or number:
By Mail: Spirit AeroSystems, Inc.
ATTN: Legal Department – DMCA Notice
3801 S. Oliver
P.O. Box 780008, M/C K11-60
Wichita, KS 67278-0008
By Fax: (316) 526-2320, ATTN: Legal Department – DMCA Notice
Identifying Information. You will provide current, accurate, and complete information when requesting use or access to the Site, by applying to become a Registered User, or requesting any information, goods, or services from Spirit. You will note obscure, mask, hide, delete, or use false or misleading information in or associated with your access or use of the Site or communications on, by, or through the Site by use of proxy servers, anonymous web browsing, or any other method. You will promptly inform us if any of your information changes (such as a change of address, a change of email address, the closing of an email account, etc.).
No Minors. The Site is not available to minors. By accepting these Terms, you agree that you are capable of entering into a binding agreement on behalf of yourself and/or your business.
Security. You agree to comply with and not attempt to disable or circumvent any security device, configuration, or procedure associated with the Site. You agree not to impersonate anyone else, or falsely represent your affiliation with any other person or entity.
Unlawful Use. You will not use the Site, in whole or in part, for any unlawful purpose. It is not our responsibility to monitor your activities to insure compliance with any international, federal, state, or local laws or regulations, although we reserve the right to do so at our discretion.
Linking to the Site. You are granted a limited, non-exclusive right to create a hyperlink to the introductory page of the Site only, http://www.spiritaero.com, provided such link does not portray Spirit or the products or services of Spirit or its suppliers in a false, misleading, derogatory, or otherwise defamatory manner. You may not “deep link” or link to any other pages or content of the Site except the introductory page. You may not use any of Spirit’s logos or other proprietary graphics or trademarks to link to the introductory page without Spirit’s express, written permission.
Third Party Links and Sites. We may provide links to third-party web sites, imbedded tools, or services, including web sites or services that contain financial or investment information about us. Linked sites are not under our control and we are not responsible for the content of any link contained in a linked site, or any review, changes, or updates to such sites. We are providing you these links only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein, including without limitation analyst’s reports and stock quotes. Accordingly, we do not endorse or adopt and make no claim or representation regarding and accept no responsibility for the quality, content, nature, or reliability of sites accessible by hyperlink from the Site or sites linking to the Site. When leaving the Spirit Sites, you should be aware that these Terms and our policies (including, without limitation, our Privacy Statement, if applicable) no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
Forward-Looking Statements. This Site, and any documents issued by us and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as “believe,” “expect,” “plan,” “may,” “will,” “should,” “anticipate” or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Spirit Annual Reports to stockholders, including information contained under the section captioned “Management’s Discussion and Analysis,” as well as other information included under the caption “Risk Factors” and/or in our other filings with the Securities and Exchange Commission, identify important factors that could cause actual results to differ from those contemplated by forward-looking statements. We undertake no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.
Press Releases. The information contained within press releases issued by us should not be deemed accurate or current except as of the date the release was posted. We have no intention of updating, and specifically disclaim any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.
Termination. We may modify, suspend, discontinue, or otherwise terminate your status as a Registered User or the licenses granted herein, including, without limitation, your access to or use of the Site, in whole or in part, on a temporary or permanent basis, at any time, for any reason or no reason, with or without notice, and without liability to you. The termination or expiration of the Spirit Media Content License automatically terminates a Registered User’s license to access protected portions of the Site. Upon expiration, termination, cancellation, or discontinuance of a license granted hereunder, your right to use the Site and the Copyright Content and to link to the Site immediately ceases and you will have no right to access the Site, use the Copyright Content, or link to the Site. Upon expiration or termination, we may in our sole discretion disable, remove, retain, or destroy any content or other information associated with you.
Remedies. In addition or as an alternative to termination, cancellation, or discontinuance of the licenses granted herein, we may take whatever action we deem necessary or convenient as may be permitted by law or contract, in our sole discretion, in the event of your breach of these Terms or any other agreement between you and Spirit. Such actions may include, without limitation, suspending your access to the Site, deleting your registration to the Site, blocking your IP address, or any other technical or legal means at our disposal. Any rights and remedies hereunder will be cumulative. The provisions of Sections 4 through 11 of these Terms will survive the expiration, termination, cancellation, or discontinuance of the Site and/or these Terms.
As used in this Section 12, “Spirit” includes Spirit, its licensors, its suppliers, its affiliates and each of their respective officers, directors, employees, agents, successors, and assigns.
CERTAIN LAWS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, SO THE FOREGOING DISCLAIMERS LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS TO THOSE IN THESE TERMS.
Without limiting the foregoing, under no circumstances will we or our licensors or suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Choice of Law; Venue. You agree that these Terms will be governed by the laws, both procedural and substantive, of the State of Kansas, U.S.A., without resort to the rules governing conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Sedgwick County, Kansas, U.S.A. in all disputes arising out of or relating to the access or use of the Site or any content or media available on or through the Site.
Indemnification. You agree to indemnify and hold Spirit, its licensors customers, or suppliers, and each of their owners, subsidiaries, affiliates, officers, directors, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct in the use of the Site or the content or media available on or through the Site.
Severability. If any provision of these Terms is held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision will be struck to the extent of the invalidity or unenforceability and the remaining provisions will be enforced.
No Waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Integration; Amendment. These Terms and the Spirit Media Content License and the Privacy Statement (if applicable) are the entire understanding and agreement between you and us with respect to the subject matter hereof. When these terms are in conflict with the the terms and conditions of any other written agreement between you and Spirit, those terms and conditions control over these Terms. Except as specified herein, no amendment may be made to these Terms unless the same is in writing and signed by an authorized representative of Spirit.
Copies. A printed version of this agreement will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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