The Systems Engineering Tools Database (SETDB) is a jointly owned product developed by the International Council on Systems Engineering (“INCOSE”) and Project Performance International (“PPI”) for use by our members/clients and guests, each individually referred to as a “Party” and collectively referred to as the “Parties.” The SETDB is provided to you as a means of accessing information provided by tool vendors regarding systems engineering-related software tools or cloud services (“tool information”).
INCOSE and PPI will act in good faith to ensure that the tool vendor and tool information on the SETDB Website (hereinafter referred to as the “Website”) is accurate. If you find any inaccurate information on the Website, please advise the INCOSE and PPI SETDB Team by email to setdbteam@ppi-int.com and we will investigate.
This document conveys terms of use of the Website offered by INCOSE and PPI to you for your use. Any use by you of the Website shall constitute acceptance by you of these Terms of Use.
1. Disclaimer of Warranties
You expressly understand and agree that:
1.1 INCOSE and PPI do not guarantee, warrant or provide any assurances about the content of the Website. As the Website will be under development and maintenance and tool vendor data will be maintained by tool vendors, the SETDB contents may be incorrect or out-of-date and are subject to change without notice. Although INCOSE and PPI aim to ensure that the content of the Website is accurate, INCOSE and PPI shall not be held liable for any inaccuracy of content.
1.2 INCOSE and PPI will make every effort to ensure that our computer infrastructure is error and virus free, but we do not guarantee, warrant or provide any assurances that material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. As a user you must implement sufficient procedures and virus checks on transferred data (including anti-virus and other security checks) to satisfy your requirements for the correctness of the data.
1.3 The Website provides hypertext links to other sites operated by other organizations. Using such a links means you will leave the Website. INCOSE and PPI take no responsibility for, and give no warranties, endorsements, guarantees or representations in respect to, linked sites. INCOSE and PPI are not responsible for the privacy practices, nor do we accept any liability in connection with the content of such websites. Any concerns regarding any external link should be directed to the corresponding website administrator or web master.
1.4 We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors of the third-party information and not of INCOSE or PPI. We do not endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
1.5 The information on the Website is not intended to address your particular requirements. The information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. You should make specific enquiries and independently verify any information taken from the Website before relying upon it.
1.6 If you make any arrangement with anyone named in or connected with the Website, you do so at your own risk.
2. Copyright and other Intellectual Property
2.1 The Website may contain copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in the future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights.
2.2 INCOSE and PPI, its licensors, or authorised contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part except as provided in these Terms of Use.
2.3 You may download information from the Website for your own use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
3. Contributing to the Website
3.1 Where you elect, or are invited, to submit any contribution or material to the Website about a tool vendor or a particular tool that you have authority to contribute (including any text, message board content, photographs, graphics, video, or logo) (“Contribution”) or otherwise consent to the use of the Contribution, then by submitting the Contribution or consenting to its use, you grant INCOSE and PPI a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, publish, translate, distribute, perform, play, make available to the public that Contribution. If you do not want to grant to INCOSE and PPI the rights set out above, please do not submit your Contribution to the Website. INCOSE and PPI shall have no liability to you[RH1] .
3.2 You agree to indemnify and hold INCOSE, PPI and their subsidiaries, affiliates, officers, directors, employees, and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website or otherwise arising from your use on of the Website.
3.3 By submitting your Contribution to the Website, you warrant and represent the following:
a. You own, control and have the right to make the Contribution available to INCOSE and PPI for the SETDB for all the purposes specified above, and that your Contribution does not breach or infringe the rights of INCOSE, PPI, or any other party, such as copyright, or in is in any way illegal, including violation of privacy laws and regulations such as the European General Data Protection Regulation 2016/679 and its successors;
b. The contribution is not defamatory, libellous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
c. The contribution will not and does not contravene any relevant local, state, federal or international law or incite or encourage the contravention of any such law; and
d. The contribution is not otherwise offensive.
3.4 If you identify any information on the Website that breaches your rights or that may be illegal, defamatory or otherwise should be removed, contact us directly by emailing the SETDB Team at setdbteam@ppi-int.com.
3.5 INCOSE and PPI reserve the absolute right to delete or unpublish any Contribution from the Website (including any text, message board content, photographs, graphics, video, audio or logo) at any time, without notice, and shall not be obligated to provide a reason for deleting or unpublishing any Contribution. In the event that we remove any Contribution from the Website, we shall in no way be held liable for any loss, liability, cost or expense suffered by you or any other party as a result (whether direct or indirect) of such removal.
3.6 INCOSE and PPI reserve the right to edit, remove postings to message boards, delete or use electronic methods to block or filter any Contribution left on or sent to the Website at our discretion, including without limitation any message that contravenes any of these Terms of Use, but we do not have an obligation to do so.
3.7 INCOSE and PPI shall not be held liable for any loss or damage caused by a distributed denial-of-service attack, a single virus or multiple viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
4. Limitation of Liability and Claims
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INCOSE, PPI, OR THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE OR APPLICATION LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, WEB PORTALS OR MOBILE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE WESBITE OR SUCH OTHER WEBSITES, WEB PORTALS OR MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE INCOSE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
6. MISCELLANEOUS
6.1 Choice of Forum and Applicable Law. The Terms of Use shall be deemed to have been executed and delivered within the State of California, United States of America and the rights and obligations of the Parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California without regard to principles of conflict of laws. Each of the Parties also agrees that the only proper venue for any action arising out of any breach of the Terms of Use shall be San Diego County, California, United States of America.
6.2 No Third-Party Beneficiaries. No third party is intended to be a third-party beneficiary of nor shall have any rights under or right to enforce the Terms of Use.
6.3 Construction. The language in all parts of the Terms of Use shall in all cases be construed simply, according to its fair meaning, and not strictly for or against any of the Parties.
6.4 Severability. The provisions of the Terms of Use shall be deemed severable and the invalidity of unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
6.5 Headings. The paragraph headings of the Terms of Use are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
This document sets forth the INCOSE Online Privacy Policy (“Privacy Policy”) for this web site, www.incose.org (the “Site”). If you have objections to the Privacy Policy, you should not access or use this Site. This Privacy Policy does not govern privacy practices associated with offline activities or other INCOSE web sites.
INCOSE shall have the right at any time to change or modify this policy without notice. Users agree to review the terms and conditions of this Privacy Policy (as posted on INCOSE's web site) periodically to be aware of such revisions.
There are a number of areas in the Site where we ask for and collect information about you, including personally identifiable information. Where we do, it is in order to serve you better, or is necessary to accomplish the service you are requesting. Examples include membership information (which may include name, address, email, telephone number and educational and professional experience information), shipping information, and product purchase information.
Membership information is used both in the INCOSE mailing lists (which also includes lists provided to working groups and chapters) and in the INCOSE Membership Directory.
The mailing lists may be used to inform you about INCOSE services, products, conferences, meetings and events. You may instruct us to exclude you from the central INCOSE mailing list or a chapter mailing list by sending an email to us at info@incose.org . This email should include your name and INCOSE member number for identification purposes as well as which mailing list – central INCOSE or local chapter – you are opting out of.
The INCOSE Membership Directory, available online to INCOSE members, contains each member's, name, mailing address (home or business), title (if applicable), company (if applicable), telephone number and email (if applicable).You may choose not to be listed in the Membership Directory by opting-out when joining INCOSE, renewing your membership, or at any other time by emailing us at info@incose.org and including your name and INCOSE member number for identification purposes. This opt-out must be renewed annually with your membership renewal to remain in effect.
Security identifiers are not disclosed to third parties or affiliated persons or entities. Shipping information (except membership information as noted above) and product purchase information is not disclosed except in connection with the fulfillment and processing of your orders and requests.
Cookies are implemented in various parts of the Site. In most instances, the use of Cookies is discretionary by you, and declining Cookies will usually result only in loss of certain conveniences such as one-click access to your local chapter web site, session continuity, and re-authentication during current or future sessions. Various types of persistent and per-session (transient) Cookies may be used with any one service, and their implementations, behaviors, and effects will vary. It is the policy of INCOSE that Cookies do not carry any of your personal information (name, email address, credit card, etc.) nor identification/password-type data that allows access to such personal information on INCOSE servers. All personal, transaction, and security rights are housed on secure INCOSE servers, and follow the policy described in the "Information We Collect From You and How We Use the Information" section above.
All of the personal information collected from you on the Site, including names, addresses, are stored behind a "firewall," and defenses have been erected to seek to enhance the protection of your information from outside attack by hackers and curious visitors.
This site contains links to other websites or resources. INCOSE is not responsible for the terms or privacy practices of such other sites and you should read their terms and privacy policy carefully before using them.
INCOSE cooperates with law enforcement inquiries, as well as other third parties, to enforce laws. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us, service or content providers we work with, or you to possible legal liability.
Please email us at info@incose.org with any questions you have about our Privacy Policy.
The California Online Privacy Protection Act (CalOPPA) went into effect in 2004.
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. Those who neglect to comply with CalOPPA are at-risk of civil litigation for unfair business practices.
Project Performance
International (PPI) respects your privacy and is committed to protecting your
Personal Information and being transparent about how we collect, use, and share
your Personal Information. We take your privacy concerns very seriously
and confirm to users of this site that we will not sell or rent individual user
information to others and will only share information in accordance with
this privacy statement. For INCOSE members accessing the SETDB from the INCOSE
website, PPI has no access to your Personal Information.
This statement explains how we collect Personal Information, why we use it and
how we keep it safe.
Who are we?
Project
Performance International is the trading name of Project Performance
(Australia) Pty Ltd, a consulting and training company whose headquarters are
in Melbourne, Australia, with staff in the Australia, Brazil, China, the
Netherlands, New Zealand, South Africa, the United Kingdom, and the United
States of America.
Our registered office is at 2 Parkgate Drive, Ringwood, Vic 3134, Australia,
and our contact number is +61 3 9876 7345. For general or data protection
inquiries, contact us via our contact email address.
How do we collect your information?
We
obtain information about you when you contact or interact with us, for example,
when you register on one of our websites, when you become an alumna/alumnus,
when you take one of our training courses, or when you attend an event or
conference in which we participate.
What types of information do we hold?
The information we collect might include your name, address, email address and
phone numbers. With your agreement by the selections that you make in
your interactions with us, we will store information on the products and
services you have taken, or have shown an interest in.
Examples include:
• Whether you have taken one of our training courses.
• If so, which courses you have taken.
• The events at which we have met you.
• Dates of contact.
• Correspondence from and to you.
• Your communication preferences
We do not record equal
opportunities data that you may give us, such as your age and ethnicity.
Retention of your personal information
We
will retain your Personal Information for only as long as needed to fulfil the
purposes for which it is collected. We will retain and use your Personal
Information as necessary to comply with our business requirements, legal
obligations, resolve disputes, protect our assets and enforce agreements to
which PPI is a party.
Why do we collect your information?
We
only use your information in accordance with the law. This gives us authority
to use your data in relation to your participation with PPI. These are
effectively the reasons for our processing and are:
• To perform or take steps to enter a contract or other agreement with you.
• For the purpose of our legitimate interests. This includes being able to send you marketing and other information should you choose to permit us to do so.
• To ensure compliance with a legal obligation.
• If you give consent for us to do so.
Collecting and using your
data will mean that we are able to manage your relationship with PPI, process
any orders or requests you have made and with your consent provide you with
relevant and topical information relating to your interests, for example,
newsletters or changes to our services. It will enable us to ask for your views
on our services and matters relating to the engineering profession.
Data protection applies to personal data held about individuals. It does not
always cover ‘business to business’ contacts or information. However, we will
also do our best to secure and protect the contact details of our
corporate contacts.
Who has access to your information?
Staff
of PPI will have controlled access to your information to enable us to provide
you with services. Authorized officers of PPI also have specific access to
information in order to perform their role in managing PPI matters.
Your choices
As
a person who has interacted with PPI, we may contact you regarding that
interaction.
You have a choice about whether and how you wish to receive other information
from us. You will be asked to make your preferences clear when we collect
your information.
The accuracy of your information is important to us. We encourage you to
regularly check and update your information held by PPI.
You may choose to tell us which subjects most interest you and this can be used
to tailor your online experience with PPI and in communications to you.
You have various legal rights over your information, which we will always
respect. Subject to any exemptions provided by law, you may have the right to
request access to this Information, as well as to seek to update, delete
or correct this Information.
Your responsibilities
In order to help ensure that your information remains secure, we ask that you
take responsibility for care in the access to any online account you hold with
PPI.
You must not share the password for any account that you hold. Your passwords
are your responsibility and must not be disclosed to any third party. This is
important for your own protection and that of your personal data.
If you access a PPI website from a PC that can be used by any other person,
such as those at work, college or in an Internet café, there are some basic
guidelines to follow:
• Be aware of others close by who may try to take note of your username and password.
• Never leave the PC unattended when you are logged in to a PPI account.
• At the end of your Internet session, ensure you Logout of your PPI account.
• You should delete any downloaded files. This may require also deleting them from a 'recycle bin' if the system has one.
• Always close the Web browser correctly using the exit button.
• Avoid using the "Remember Me" login option in such situations, or wherever devices are shared.
If
you suspect that your password or account information has been compromised, it
is your responsibility to inform us promptly and change your password.
How do we protect your data?
PPI has robust IT security in place. All staff receive data protection training,
and our premises and servers are secured. We hold data sharing contracts with
providers, requiring them to protect your information.
Use of Cookies
Like most websites, PPI pages may use Cookies. Cookies are small pieces of
information sent by an organization to your computer and stored on your hard
drive to allow that website to recognize you when you visit. Cookies make
it possible for your browser to remember your settings and preferences. This
helps us to improve our website and deliver a more personalized service
for you.
It is possible to switch off cookies in your browser preferences.
Visitors to our websites
When someone visits a PPI website, we use a third-party service
through our content management system, to collect standard internet log
information and details of visitor behaviour patterns. This information is
anonymized, and we do not make and do not allow the provider to make, any
attempt to find out the identities of those visiting our website.
External links
This privacy statement does not cover the links within this site that lead to
external websites. We encourage you to read the privacy statements on the other
websites that you visit.
Review of this Statement
PPI
keeps this statement under review as part of our overall Data Protection
Policy. It was last updated in January 2021.
The Systems Engineering Tools Database (SETDB) is a jointly owned product developed by International Council on Systems Engineering (“INCOSE”) and Project Performance International (“PPI”) for use by our members/clients and guests. Each individually referred to as a “Party” and collectively referred to as the “Parties.” The SETDB is provided to you as a tool vendor as a means of conveying to the global engineering community information regarding your systems engineering software tools or cloud services (“tool information”).
INCOSE and PPI will act in good faith to ensure that the tool vendor and tool information on the SETDB Website (hereinafter referred to as the “Website”) is accurate. If you find any inaccurate information on the Website, please advise the INCOSE and PPI SETDB Team by email to setdbteam@ppi-int.com and we will investigate.
This document conveys terms of use of the Website offered by INCOSE and PPI to you for your use as a tool vendor. Any use by you of the Website shall constitute acceptance by you of these Terms of Use.
1. Disclaimer of Warranties
You expressly understand and agree that:
1.1 INCOSE and PPI do not guarantee, warrant or provide any assurances about the content of the Website. As the Website will be under development and maintenance and tool vendor data will be maintained by you and other tool vendors, the SETDB contents may be incorrect or out-of-date and are subject to change without notice. Although INCOSE and PPI aim to ensure that the content of the Website is accurate, INCOSE and PPI shall not be held liable for any inaccuracy of content.
1.2 INCOSE and PPI will make every effort to ensure that our computer infrastructure is error and virus free, but we do not guarantee, warrant or provide any assurances that material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. As a tool vendor you must implement sufficient procedures and virus checks on transferred data (including anti-virus and other security checks) to satisfy your requirements for the correctness of the data.
1.3 The Website provides hypertext links to other sites operated by other organizations. Using such a links means you will leave the Website. INCOSE and PPI take no responsibility for, and give no warranties, endorsements, guarantees or representations in respect to, linked sites. INCOSE and PPI are not responsible for the privacy practices, nor do we accept any liability in connection with the content of such websites. Any concerns regarding any external link should be directed to the corresponding website administrator or web master.
1.4 We are a distributor (and not a publisher) of content supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors of the third-party information and not of INCOSE or PPI. We do not endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
1.5 The information on the Website is not intended to address your particular requirements. The information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific decision. You should make specific enquiries and independently verify any information taken from the Website before relying upon it.
1.6 If you make any arrangement with anyone named in or connected with the Website, you do so at your own risk.
2. Copyright and other Intellectual Property
2.1 The Website may contain copyright material, trade names and marks and other proprietary information, including, but not limited to, text, software, photos and graphics, and may in the future include video, graphics, music and sound (‘Content’). The Content is protected by copyright law, registered and unregistered trademarks, database rights and other intellectual property rights.
2.2 INCOSE and PPI, its licensors, or authorised contributors own the copyright, database right and other intellectual property rights in the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part except as provided in these Terms of Use.
2.3 You may download information from the Website for your own use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without our express permission or that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
3. Contributing to the Website
3.1 Where you elect, or are invited, to submit any contribution or material to the Website about a tool vendor or a particular tool that you have authority to contribute (including any text, message board content, photographs, graphics, video, or logo) (“Contribution”) or otherwise consent to the use of the Contribution, then by submitting the Contribution or consenting to its use, you grant INCOSE and PPI a perpetual, royalty-free, worldwide, non-exclusive license to use, reproduce, publish, translate, distribute, perform, play, make available to the public that Contribution. If you do not want to grant to INCOSE and PPI the rights set out above, please do not submit your Contribution to the Website. INCOSE and PPI shall have no liability to you, and you shall defend and hold INCOSE and PPI harmless, for any misuse by any third party of any Contribution that is distributed by us through the Website or in respect of any infringement of the intellectual property rights in any Contribution by any third party.
3.2 By submitting your Contribution to the Website, you warrant and represent the following:
a. You own, control and have the right to make the Contribution available to INCOSE and PPI for the SETDB for all the purposes specified above, and that your Contribution does not breach or infringe the rights of INCOSE, PPI, or any other party, such as copyright, or in is in any way illegal, including violation of privacy laws and regulations such as the European General Data Protection Regulation 2016/679 and its successors;
b. The contribution is not defamatory, libellous, obscene, menacing, threatening, offensive, abusive, fraudulent or criminal;
c. The contribution will not and does not contravene any relevant local, state, federal or international law or incite or encourage the contravention of any such law; and
d. The contribution is not otherwise offensive.
3.3 If you identify any information on the Website that breaches your rights or that may be illegal, defamatory or otherwise should be removed, contact us directly by emailing the SETDB Team at setdbteam@ppi-int.com.
3.4 INCOSE and PPI reserve the absolute right to delete or unpublish any Contribution from the Website (including any text, message board content, photographs, graphics, video, audio or logo) at any time, without notice, and shall not be obligated to provide a reason for deleting or unpublishing any Contribution. In the event that we remove any Contribution from the Website, we shall in no way be held liable for any loss, liability, cost or expense suffered by you or any other party as a result (whether direct or indirect) of such removal.
3.5 INCOSE and PPI reserve the right to edit, remove postings to message boards, delete or use electronic methods to block or filter any Contribution left on or sent to the Website at our discretion, including without limitation any message that contravenes any of these Terms of Use, but we do not have an obligation to do so.
3.6 INCOSE and PPI shall not be held liable for any loss or damage caused by a distributed denial-of-service attack, a single virus or multiple viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
3.7 In the event a link from our Website to any website operated by you is established, we shall have the right to remove such link at any time without obtaining your prior consent. In the event that we do remove a link from our Website to any website operated by you, we shall not be held liable for any loss, liability, cost or expense suffered by you as a result (whether direct or indirect) of such removal, including, without limitation to the foregoing generality, where such loss, liability, cost or expense results from a loss of search engine positioning, ranking, placement or optimization.
4. Limitation of Liability and Claims
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INCOSE, PPI, OR THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE OR APPLICATION LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, WEB PORTALS OR MOBILE APPLICATIONS OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, WEB PORTALS OR MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE INCOSE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
5. INDEMNITY
You agree to defend, indemnify and hold harmless INCOSE, PPI and their affiliates, licensees and licensors, and its employees, contractors, agents, officers and directors, from and again any and all claims, demands, damages, judgments, awards, losses, liabilities, costs and other fees or expenses (including but not limited to attorney’ fees that may be incurred by INCOSE and PPI as a result of your breach of the Terms of Use.
6. MISCELLANEOUS
6.1 Choice of Forum and Applicable Law. The Terms of Use shall be deemed to have been executed and delivered within the State of California, United States of America and the rights and obligations of the Parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California without regard to principles of conflict of laws. Each of the Parties also agrees that the only proper venue for any action arising out of any breach of the Terms of Use shall be San Diego County, California, United States of America.
6.2 No Third-Party Beneficiaries. No third party is intended to be a third-party beneficiary of nor shall have any rights under or right to enforce the Terms of Use.
6.3 Construction. The language in all parts of the Terms of Use shall in all cases be construed simply, according to its fair meaning, and not strictly for or against any of the Parties. Each of the Parties acknowledges they have had the opportunity to negotiate modifications to the language of the Terms of Use. Accordingly, each party agrees that, in any dispute regarding the interpretation or construction of the Terms of Use, no presumption shall operate in favor of or against any party hereto by virtue of his or its role in drafting or not drafting the terms and conditions set forth herein.
6.4 Integration. The Terms of Use are intended by the Parties as the final expression of their agreement regarding the business relationships between the Parties. Nothing other than the Terms of Use shall be relevant or admissible to supplement or vary any of the terms and provisions set forth herein. All prior discussions, agreements and negotiations are hereby superseded by and merged and incorporated into the Terms of Use. This is an integrated document.
6.5 Severability. The provisions of the Terms of Use shall be deemed severable and the invalidity of unenforceability of any one or more of the provisions hereof shall not affect the validity and enforceability of the other provisions hereof.
6.6 Headings. The paragraph headings of the Terms of Use are for convenience of reference only and shall not be deemed to alter or affect any provision hereof.
6.7 Attorney’s Fees. If any legal action, dispute, or other proceeding arises or is commenced to interpret, enforce, or recover damages for the breach of any term of the Terms of Use, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorney’s fees incurred in connection with such proceeding, in addition to costs of suit.