Terms and Conditions

Whoever has the Gold makes the Rules. Golden Rule

sales

Any information on this web site that refers to any aspect of the South Pacific Institute of Nolledge (Te Ngstitute Pikamanaga O Pasifika, hereinafter known as The Company), including statements concerning past, present or projected results, operating profit, margins on projects, long-term profitability and demand or growth trends only reflects The Company's current analysis of existing trends and information, is not warranted to be correct, accurate, reliable, or otherwise error free and is based on the principle that reality may differ materially from current knowledge, expectations or projections based on a number of risk factors affecting The Company's business portfolio including, but not limited to, fluctuations in demand, changing global and domestic economic and political conditions, cost overruns on fixed, maximum or unit priced contracts, contract performance risk, uncertain timing of awards and revenues under contracts, project financing risk, credit risk, risks associated with government funding of contracts, market conditions impacting realisation of investments, market conditions in the domestic and international consulting market, unexpected natural hazards, and other warranties or conditions, express or implied, including, but not limited to, warranties of merchantable quality, satisfactory quality, merchantability or fitness for a particular purpose, or those arising by law, statute, usage of trade, course of dealing or otherwise and neither The Company nor its clients, suppliers, lawyers or management consultants shall have any liability to you, your heirs, executors, lawyers, accountants, administrators, assignees or any other person or entity for any indirect, incidental, special, or consequential loss, damage, death, injury, exposure to infection, inadequate training, poorly designed office space, workplace bullying, liability, cost, unmanageable workloads, encounters with angry and unpredictable members of the public or expense of whatsoever nature including, but not limited to, loss of revenue or profit, lost or damaged data or other commercial or economic loss including by an act, including but not limited to the use of force or violence and/or threat thereof, of any person or group(s) of persons whether acting alone or on behalf of or in connection with any organisation(s) or governments(s) which from its nature or context is done for, or in connection with, political, religious, ideological, ethnic or similar purposes or reasons, including the intention to influence any government and/or to put the public, or any section of the public, in fear even if The Company has been advised of the possibility of such damages, or they are foreseeable, such that these Terms and Conditions shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach, and even though some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages it should be noted that these Terms and Conditions replace any other agreement or discussions, oral or written, and may not be changed except by a signed agreement which shall be governed by and construed in accordance with the judicial laws of the Antipodes Islands, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods, and particularly excluding invasion by the United States in the event of oil discoveries, and any legislation implementing such Convention, if otherwise applicable, even though any provision of this agreement is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the agreement and the other provisions shall remain in full force and effect such that you may not rent, lease, assign, transfer, modify, translate, reverse engineer, decompile, disassemble, or demand hard-copyhard copyation, support or telephone assistance for this web site's information except to the extent the aforementioned are expressly prohibited by applicable law and are not intended for uses which could lead to death, personal injury, or severe physical or environmental damage and that you agree to indemnify and hold The Company harmless from and against any and all costs, liabilities, claims, or demands (including reasonable lawyer's fees, business lunches and perks of any kind whatsoever) that arise or result from the use, reproduction or distribution of Company products and trademarks in or on any material except for the sole purpose of stating that a product may be used in nonsubstantive connection with a specific Company product, and in the event you refer to The Company or include the trademarks in or on any materials or any packaging, marketing, or advertising materials, the trade name or trademarks must be accompanied with the following footnote disclaimer printed in a clearly legible manner on the same page in no smaller than ten point San Serif font: "All rights are reserved re common-law copyright of trade name/trademark, South Pacific Institute of Nolledge, as well as any and all derivatives and variations in the spelling of said trade name/trademark which may neither be used, nor reproduced, neither in whole nor in part, nor in any manner whatsoever, without the prior, express, written consent and acknowledgement of The Company as signified by the red-ink signature of the Chief Executive Officer with the intent of being contractually bound, any juristic person, as well as the agent of said juristic person, consents and agrees by this notice that neither said juristic person, nor the agent of said juristic person, shall display, nor otherwise use in any manner, the common law trade name/trademark South Pacific Institute of Nolledge, nor the common law copyright described herein, nor any derivative of, nor any variation in the spelling of, South Pacific Institute of Nolledge without the prior, express, written consent and acknowledgement of The Company, who is not now, nor has ever been, an accommodation party, nor a surety, for the purported debtor, nor for any derivative of, nor for any variation in the spelling of, said name, nor for any other juristic person, and is so-indemnified and held harmless by User against any and all claims, legal actions, orders, warrants, judgements, demands, liabilities, losses, depositions, summonses, lawsuits, costs, fines, liens, levies, penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered by, imposed on, and incurred by debtor who grants The Company a security interest in all of user's interest in assets, land, and personal property, and all of User's interest in assets, land, consumer goods, farm products, inventory, equipment, money, investment property, commercial tort claims, letters of credit, letter of credit rights, chattel paper, instruments, deposit accounts, accounts, documents, and general intangibles, and all User's interest in all such foregoing property, now owned and hereafter acquired, now existing and hereafter arising, and wherever located, as collateral for securing User's contractual obligation in favour of The Company for User's unauthorised use of The Company's common-law-copyrighted property and consents and agrees with The Company's filing of a Financial Statement in the Personal Properties Security Register housed wholly or partly thereof and agrees that said Financial Statement with the Personal Property and Securities Register described above is a continuing financing statement, and further consents and agrees with The Company's filing of any continuation statement necessary for maintaining The Company's perfected security interest in all of User's property and interest in property, collated in this Security Agreement and described above until User's contractual obligation theretofore incurred has been fully satisfied and consents and agrees with The Company's filing of any Financial Statement with the Personal Property and Securities Register, as described above as well as the filing of any Security Agreement, and agrees that any such filings are not, and may not be considered, bogus, and that User will not claim that any such filing is bogus, waives all defences and appoints The Company as Authorised Representative for effective upon User's default re User's contractual obligations in favour of The Company as set forth granting The Company full authorisation and power for engaging in any and all actions on behalf of User including, but not limited by, authentication of a record on behalf of User, as The Company, in The Company's sole discretion, deems appropriate, and User further consents and agrees that this appointment of The Company as Authorised Representative for User, effective upon User, effective upon User's default, is irrevocable and coupled with a security interest and further consents and agrees with all of the following additional terms of self-executing Contract/Security Agreement in Event of Unauthorised Use in which user hereby consents and agrees that User shall pay The Company all unauthorised-use fees in full within fourteen (14) days of the date User is sent The Company's invoice, hereinafter "invoice," itemising said fees and in event of non-payment in full of all unauthorised-use fees by User within fourteen (14) days of date invoice is sent, User shall be deemed in default and all of User's property and property pledged as collateral by User immediately becomes the property of The Company and User consents and agrees that The Company may take possession of, as well as otherwise dispose of in any manner that The Company, in The Company's sole discretion, deems appropriate, including, but not limited by, sale at auction, at any time following User's default, and without further notice, any and all of User's property and interest, formerly pledged as collateral by User, now property of The Company, in respect of this "Self Executing Contract Security Agreement in Event of Unauthorised Use," that The Company, again in The Company's sole discretion, deems appropriate and upon event of default, irrespective of any and all of User's former property and interest in property, described above in the possession of, as well as disposed of by, The Company as authorised above under "Default Terms," User may cure User's default only re the remainder of User's said former property and interest in property, formerly pledged as collateral that is neither in the possession of, nor otherwise disposed of by, The Company within twenty (20) days of date of User's default only by payment in full notwithstanding that User's non-payment in full of all unauthorised-use fees itemised in Invoice within said twenty (20) day period for curing default as set forth above authorises The Company's immediate non-judicial strict foreclosure on any and all remaining former property and interest in property, formerly pledged as collateral by User, now property of The Company, which is not in the possession of, nor otherwise disposed of by, The Company upon expiration of said twenty (20) day default-curing period with ownership subject to common-law copyright and Personal Property and Securities Register Financial Statement and Security Agreement filed with the Personal Property and Securities Register Record Owner", and no oral or written information or advice sold or leaked by a Company employee shall nullify these Terms and Conditions or in any way decrease their scope and this agreement shall remain in effect only for so long as you are in compliance with the terms and conditions and the limitations of warranties and liability set out herein shall continue in force even after any termination, and by reading this agreement you have agreed to be bound by its additional terms*.


Signed
Cough, Dough, Plough, Rough & Through
(Lawyers to SPIN Business Unit)
30 Feb 2007


*Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Maecenas elementum odio nec felis. Proin lacinia augue non pede. Donec vitae nisi a eros congue laoreet. Sed nisi velit, pharetra a, adipiscing eget, cursus vel, velit. Cras leo libero, rutrum ut, varius sed, auctor sodales, risus. Mauris tristique. Maecenas aliquam, sem sed tempus dapibus, velit metus interdum dolor, quis convallis dolor massa non ligula. In vel leo. Etiam metus dolor, feugiat nec, euismod vel, volutpat et, mi. Fusce elit. Nulla facilisi. Vivamus accumsan, est in varius fermentum, lacus dolor facilisis leo, vel sodales nunc odio sit amet lectus. Etiam sed tellus nec lorem malesuada faucibus. Aenean suscipit, urna id sodales placerat, risus pede sodales est, eget faucibus lectus neque vel purus. Etiam luctus lectus eget sapien. Class aptent taciti sociosqu ad litora torquent per conubia nostra, per inceptos hymenaeos. Integer accumsan vulputate dolor. Quisque bibendum pede sit amet ligula. Nullam cursus sapien ut arcu. Nam magna. Maecenas sagittis risus a orci. Etiam interdum, elit eget mollis tempus, mi velit porta lorem, non lobortis velit massa nec arcu. Etiam lacinia augue id justo. Sed quis purus non sem congue pellentesque. Nam sodales. In molestie mi vel neque. Pellentesque sed diam a enim placerat feugiat. Suspendisse potenti. Proin sed odio vel mi volutpat semper. Suspendisse elementum, ipsum faucibus molestie interdum, pede est iaculis tortor, et sollicitudin est diam eget nunc. Donec venenatis. Duis diam. Etiam gravida est eu ligula. In ultrices iaculis metus.