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Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

TERMS OF USE

Effective Date: April 1, 2008

1. 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.
2. Modification of Agreement. We reserve the right to modify this Agreement at any time, and without prior notice, by posting an amended Agreement that is always accessible through the "Terms of Use" link on this site's home page. Your continued use of this site indicates your acceptance of the amended Agreement. You should check this Agreement through this link periodically for modifications by clicking on the link provided near the top of the Agreement for a listing of material changes and their effective dates.
3. License. Spider Financial grants you a limited non-exclusive, non-transferable, and revocable license to access and use the public areas of this site, only for your use in evaluating Spider Financial's products and services and not for purposes of resale, except as may be provided in any separate written agreement signed by the parties or separate agreement originating with this site; provided, however, that you do not modify this site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these Terms of Use. Unauthorized use of this site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this web site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though this site's home page.
12. 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.
13. 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.
14. 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.
15. Separate Agreements. You may acquire products, services and/or content from this site, and your purchase and use of such products, services and/or content will be governed by these Terms of Use and/or by any separate written agreement signed by the parties and/or separate agreement originating from this site.
16. 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.
17. 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.

1507 E 53rd Street, Ste 480

Chicago, IL, 60615

Agent's Name: Mohamad EL-Bawab

Email Address: dmca-notice@SpiderXL.com

Telephone:312-324-0367

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.

18. 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.
19. 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.
20. Links to Third Party Web Sites. Spider Financial does not review or control third party Web sites that link to or from this site, is not responsible for their content, and does not represent that their content is accurate or appropriate. Your use of such third party site is on your own initiative and at your own risk and may be subject to the other sites’ terms of use.
21. 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.
22. 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.

1507 E 53rd Street, Ste 480

Chicago, IL, 60615

Contact: consumer-question@SpiderXL.com

Telephone:312-324-0367

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- 312-324-0367.

1. 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. Enforcements 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.
2. Jurisdiction And Venue. The courts of Placer County in the State of Illinois, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
3. 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.
4. 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.
5. 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.
6. Privacy. Please review this site's Privacy Policy which also governs your visit to this site.

Modifications:

Spider Financial has made no modifications to its Privacy Policy at this time.

Disclaimer

Username Policy

The username policy describes accepted practices and behavior in naming and operating a user account on the Spider Financial website.

You may wish to create an account if you do not already have one. Creating an account provides a number of benefits; in particular, your contributions are attributed to your username.

Choosing a Username

Depending on how much anonymity you want to preserve, you may wish to base your username on your real name or a familiar nickname, or use a pseudonym which you do not use elsewhere; see Real names below.

If you choose not to use your real name, you should pick a username that you are comfortable with, but also one that others are comfortable with, and which does not interfere with the project. A controversial name may give a bad impression to other users, and avoiding this is in your own interest.

Your username should not give the impression that your account has permissions which it does not have. Thus it should not contain the terms "administrator", "bureaucrat", "steward", "checkuser", "oversight" or similar terms like "admin", "sysop" or "moderator", or end with "bot", which is used to identify bot accounts.

Spider Financial usernames are case sensitive. By default, your username appears in your signature on posts to discussion pages; for details on signatures and how to customize them, see "My account".

If your username is commonly misspelled, consider adding a redirect from the misspelled username to your actual username (any user page can be created by any contributor, whether an associated account exists or not).

Real Names

Use of a real name allows contributions to be more easily traced to an individual. This may make a contributor more vulnerable to issues such as harassment. You should consider the benefits and drawbacks of making substantial contributions under your real name before doing so. While it is possible to rename accounts (see Changing your username below), a record of the previous name will still exist.

You should not register under any name that would lead others to assume your account is associated with any person other than yourself. If you share the same name as a well known person, or you are a well known person, and you wish to edit under your own name, then your user-page should make it clear whether you actually are the well known person or not. Usernames that appear to violate this policy to the extent of being problematic are likely to be blocked, as a precaution, until it can be confirmed that the user in question is using his or her real name.

If you have been blocked for using your real name, please don't take offense; this procedure is necessary to prevent impersonation. You are welcome to use your real name, but in some cases, you will need to prove you are who you say you are. You can do this by sending an e-mail to support@spiderfinancial.com; be aware that an immediate reply may not be possible.

Company/Group Names

Use of online resources for promotion of a company or group is not permitted, and accounts that do this will be blocked. Use of a company or group name as a username is not explicitly prohibited, but it is not recommended, and depending on the circumstances may be seen as a problem.

Accounts that represent an entire group or company are not permitted;

Non-Latin Usernames

Users are welcome to use usernames that are not spelled using the Latin alphabet, but should bear in mind that scripts of non-Latin languages (such as Arabic, Cyrillic, Chinese, Greek or Japanese) are illegible to most contributors to this site. To avoid confusion and aid navigation, users with such usernames are encouraged to use Latin characters in their signature.

Inappropriate Usernames

Spider Financial does not allow usernames that are misleading, promotional, offensive or disruptive. Domain names and e-mail addresses are likewise prohibited.

• Misleading usernames imply relevant, misleading things about the contributor. For example, misleading points of fact, an impression of undue authority, or the suggestion that the account is operated by a group, project or collective rather than one individual.
• Promotional usernames are used to promote a group or company on Spider Financial website.
• Offensive usernames make harmonious editing difficult or impossible.
• Disruptive usernames include outright trolling or personal attacks, impersonation, or otherwise show a clear intent to disrupt the Spider Financial website.

These criteria apply to both usernames and signatures. Usernames that are inappropriate in another language, or that represent an inappropriate name with misspellings and substitutions, or do so indirectly or by implication, are still considered inappropriate.

The line between acceptable and unacceptable user names is based on the opinions of other editors. If you want to seek approval for a username, you can do so by emailing us.

Dealing with Inappropriate Usernames

Usernames which are obviously inappropriate should be reported for administrator attention, along with an explanation of the issue, and can be blocked on sight by any administrator.

Usernames which are not obviously inappropriate, but which may fit the criteria listed above should not be immediately blocked. The issue should be discussed with the account's creator, who may not be familiar with the username policy. They should be encouraged to create a new account with a more appropriate name. If this is unsuccessful, a request for comment on the contributor's username may be created, and the contributor may be required to change their username if a consensus to do so is established.

Administrators may issue username blocks under the following circumstances:

• Usernames that are clearly unacceptable for use on Spider's website, but have no obvious disruptive intent may be blocked indefinitely, but the block should affect only that account (disable autoblocks, and disable "prevent account creation"). If your account has been blocked for this reason, don't take it personally; it is intended to disable the username you chose, not to prevent you from contributing. Please read this page carefully and choose a more appropriate name.
• Disruptive usernames that have clearly been created only to cause trouble should also be blocked indefinitely, but in such cases it is usually also desirable to block anonymous editing and prevent further accounts being created (enable auto-blocks, and enable "prevent account creation"). Such disruptive usernames may contain harassment or personal attacks, or be easily identifiable as a previously banned user or vandal.
• Any block issued as a result of a user's behavior may take their username into account, if it is part of the problem. Such a block may be extended to an indefinite block in order to disallow the username. Behavioral blocks are usually issued for disruption, incivility or personal attacks.

Inappropriate usernames do not need to be reported or blocked if the user has made no contributions; most user accounts that are registered are never used. In cases where there is no evidence that an account was created in bad faith, administrators are expected to explain the exact reason why they have blocked the user in either the block log or in a message on the editor's talk page, pointing to the precise reason from the username policy.

Confusing Usernames

The purpose of a username is to identify contributors. If your username or your signature is unnecessarily confusing, editors may request that you change it. However, confusing usernames are unlike the disallowed usernames above because a confusing username cannot be so inappropriate on its own that it requires an immediate block without at least an attempt at substantive discussion.

Unnecessarily confusing usernames can be a red flag for other problems. An editor with a confusing username or signature may be blocked sooner than usual for other policy violations such as disruption or vandalism, if their confusing username contributes to the disruption. As with all other blocks, admins should use their discretion and common sense.

In the uncommon case that an otherwise good-faith contributor deliberately ignores requests to change their username, and goes on using a name that other editors agree is too confusing, then that username may be blocked to prevent further disruption. (Though the latter practice is considered somewhat controversial).

Changing Your Username

Usernames can be changed by administrators. User accounts with few or no edits will not normally be renamed, as it is quicker and easier to simply create a new account.

Once a username has been changed, existing contributions will be listed under the new name in page histories, diffs, logs, and user contributions. Signatures on discussion pages will continue to use the old name; while these can be changed manually, it is not recommended unless a contributor wishes to remove as much information as possible about their previous name for privacy reasons. In such situations the old name will still be available in old versions of discussion pages. Username changes are listed in the user rename log.

Deleting Your Account

User accounts can be disabled (not deleted) only by administrators. In this case, all prior postings by the account's username is left intact, and user will not be able to log in.

Sharing an Account

User accounts must only represent individuals. Sharing an account – or the password to an account – with others is not permitted, and doing so will result in the account being blocked.

Using Multiple Accounts

It is recommended that users do not use multiple accounts without good reason, because the misuse of multiple accounts is a major problem on Spider's website. Using multiple accounts to give the appearance of popularity to an idea, to avoid scrutiny, or to avoid a block or ban on another account are considered major abuses and are not tolerated.

There are some legitimate reasons for forming multiple accounts: for example, experienced contributors might create a new account in order to experience how the community functions for new or inexperienced users, and contributors using their real name may wish to use a pseudonymous account for contributions they do not want their real name to be associated with. Contributors operating any sort of automated editing process should do so under an alternative bot account.

It is acceptable to create accounts with a username similar to your own in order to prevent impersonation by others. Such accounts are called doppelgänger accounts. The user page of a doppelgänger account should identify it as such. Doppelgänger accounts should not be used for posting anything on the site.

It is recommended but not required that multiple accounts be identified as such on their user pages; templates such as {{User Alternate Acct}} may be used for this purpose.

Trademark & Copyright

SpiderXL®, NumXL®, CalendarXL®, XHGProdXL® and AllocXL® 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.

Privacy Policy

Spider Financial is committed to protecting your privacy and developing technology that gives you the safest and most powerful online experience. The Spider Financial Privacy Statement applies to Spider Financial's website and governs data collection and usage at this site.

COLLECTION OF YOUR PERSONAL INFORMATION

Spider Financial may collect some personally identifiable information, such as your e-mail address, name, home or work address, or telephone number. You remain in control of the information you provide to Spider Financial. There is also information about your computer hardware and software that is automatically collected by Spider Financial. This information can include: your IP address, browser type, domain names, access times and referring website addresses.

USE OF YOUR PERSONAL INFORMATION

Spider Financial collects and uses your personal information to deliver the services you have requested, for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Spider Financial website. Spider Financial also uses your personally identifiable information to inform you of other products or services available from Spider Financial. Spider Financial may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

USE OF COOKIES

Currently, Spider Financial does utilize cookies. Cookies contain bits of information that websites transfer to your computer's hard drive for record keeping purposes. Spider Financial uses this information to track results from various marketing campaigns.

SECURING OF YOUR PERSONAL INFORMATION

Spider Financial secures your personal information from unauthorized access, use or disclosure. Spider Financial secures personally identifiable information that you provide on our computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. Personal information (such as a credit card number) is transmitted through the use of Secure Socket Layer (SSL) encrypted protection.

LINKS TO OTHER SITES

Some Spider Financial webpages may contain links to other websites including advertising partners. Spider Financial has no control over the privacy practices or the content of such websites. No personal information is transmitted to websites not controlled by Spider Financial.

YOUR ACCEPTANCE OF OUR PRIVACY PRACTICES

Spider Financial reserves the right to change this statement at any time by posting revisions on the Spider Financial web site. This privacy policy is not intended to, and does not, create any contractual or other legal rights in or on behalf of any party.

Contact Spider Financial regarding questions about this privacy statement.

Copyright © 2008 - 2011 Spider Financial Corp. All rights reserved.

This statement last updated Feb 4, 2011.