TERMS OF USE, PRIVACY NOTICES AND LEGAL RESTRICTIONS FOR FIBERMATERIALSINC.COM

Website Terms & Conditions

Last Modified: 07 July, 2021

 

Acceptance of these Terms & Conditions

The following terms and conditions (“Terms & Conditions”) govern access to and use of the website at www.spiritaero.com or other of our websites that link to these Terms & Conditions; the content, features, and functionality of such website; and all information provided on or through such website (collectively, the “Website”). These Terms & Conditions are a binding agreement between you (“You”) and Spirit AeroSystems Inc. (“Spirit,” “we,” or “us”). By using the Website, you accept and agree to be bound and abide by these Terms & Conditions. If you do not want to agree to these Terms & Conditions, do not access or use the Website.

 

Changes to these Terms & Conditions and the Website

We may update, revise, or otherwise change the Website and/or these Terms & Conditions from time to time in our sole discretion. All changes to these Terms & Conditions are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes.

We may update the content on the Website from time to time, but the Website’s content (including information, statistics, and other data) are not necessarily complete or up-to-date.

 

Intellectual Property Rights, Confidential Information and Content

The Website is protected by copyright and other intellectual property laws. These Terms & Conditions permit you to use the Website for your personal, non-commercial use only provided that you do not:

  • Reproduce, distribute, modify, or publicly display any portion of the Website;
  • Use any illustrations, photographs, video, or graphics separately from the accompanying text; or
  • Delete any copyright, trademark, or other notices.

SPIRIT, SPIRIT AEROSYSTEMS, Spirit’s logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Spirit or its affiliates or licensors. You must not use such marks without the prior written permission of Spirit. Other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

 

DMCA Complaints

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.

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.

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.

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

 

License and Website Access

Subject to the terms and conditions herein, your agreement to these Terms & Conditions allows you the non-exclusive right to view and stream (the contemporaneous digital transmission of an audiovisual work from the Website to your device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you) the portions of the Website that are generally available to the public solely for your personal, non-commercial use. Additionally, if you have applied to become a registered user by completing such forms and agreeing to such other terms we may specify, including, without limitation, the Spirit Media Content License (see Media Content section below), and we have accepted that request (an “Authorized User”), you may view protected portions of the Website that correspond to your registration and download content and materials available through such portions of the Website in accordance with these Terms & Conditions and the Spirit Media Content License solely for your personal and limited commercial uses directly related to your news reporting and news editorial purposes. Authorized Users may not allow any other person to use your account or access methods, and transfer of an account or access method is prohibited and void. Authorized Users are responsible for maintaining the confidentiality of the account and access methods. Authorized Users accept responsibility for all activities that occur under the account or through use of the access methods, and any such use will be deemed to be a use by the Authorized User.

 

Media Content

Notwithstanding anything contained in these Terms & Conditions, the right to view, download, display, reproduce, broadcast, or otherwise use any photographs, video, or other content or media licensed to an Authorized User is subject to all of the terms and conditions of the Spirit Media Content License, which may be reviewed when applying to become an Authorized User. When in conflict, the terms and conditions of the Spirit Media Content License will control over these Terms & Conditions.

 

Confidential Information

Do not attempt to use or use the Website 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 Websites that specifically allow for its receipt and protection. Subject to our Privacy Policy (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 Website, 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.

Content and materials contained on or delivered in protected portions of the Website contain our confidential and proprietary information (the “Confidential Information”).  You agree that you will (a) not use the Confidential Information for any purpose except as expressly authorized in these Terms & Conditions and then in strict conformity to the terms and conditions of the these Terms & Conditions, or disclose the Confidential Information to any person; and (b) safeguard the confidentiality of the Confidential Information and use the same degree of care to safeguard the Confidential Information as you use to safeguard your own most confidential information, but in no case less than a reasonable degree of care.  You understand and agree that a violation of these Terms & Conditions will cause Spirit great harm that cannot be measured in terms of damages alone.  Therefore, you agree that Spirit may obtain injunctive and other equitable relief to prevent the breach or threatened breach of these Terms & Conditions, without the obligation to post a bond or other security.  Your use of the Website may also be subject to confidentiality restrictions imposed upon you and/or your company in any other agreement you or your company may have with Spirit.

 

All rights not expressly granted are reserved by Spirit.

 

Information Collected on or through the Website

All information we collect on or through the Website is subject to our Privacy Policy, which is incorporated herein by reference. By using the Website, you consent to all actions taken by us with respect to your information subject to our compliance with the Privacy Policy.

Submissions over the Internet may not be secure. Please consider this fact before providing any information to Spirit by or through the Website.

 

Links to the Website

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You cannot:

  • Establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent; or
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

We reserve the right to withdraw linking permission without notice.

 

Links from the Website

Links from the Website to third-party websites are provided for your convenience only. We have no control over the contents of those websites and accept no responsibility for them. If you decide to access any third-party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Forward Looking Statements and Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Website or by anyone who may be informed of any of its contents.

This Website, and any documents issued by us and available through this Website, 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.

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.

 

Prohibited Uses of the Website

You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. Additionally, you agree not to:

  • Use any “page scrape,” “robot,” “spider,” or other automatic script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website;
  • Interfere with, or attempt to interfere with, the proper working of the Website;
  • Introduce any viruses, worms, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or any systems connected to the Website; or
  • Provide any information to us that is false, misleading, fraudulent, or inaccurate.

 

Termination and Remedies

We may modify, suspend, discontinue, or otherwise terminate your status as an Authorized User or the licenses granted herein, including, without limitation, your access to or use of the Website, 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 an Authorized User’s license to access protected portions of the Website. Upon expiration, termination, cancellation, or discontinuance of a license granted hereunder, your right to use the Website and any copyrighted or copyrightable materials on or available from the Website and to link to the Website immediately ceases and you will have no right to access the Website, use any copyrighted or copyrightable materials on or available from the Website, or link to the Website. Upon expiration or termination, we may in our sole discretion disable, remove, retain, or destroy any content or other information associated with you.

 

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 & Conditions or any other agreement between you and Spirit. Such actions may include, without limitation, suspending your access to the Website, deleting your registration to the Website, blocking your IP address, or any other technical or legal means at our disposal. Any rights and remedies hereunder will be cumulative.

 

Geographic Restrictions

The owner of the Website is based in the State of Kansas in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.

 

Use of the Website by Minors

The Website is not available to minors. By accepting these Terms & Conditions, you agree that you are capable of entering into a binding agreement on behalf of yourself and/or your business.

 

Disclaimer of Warranties

Use of the Website is entirely at your own risk and is subject to all applicable laws and regulations. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. The foregoing exclusions of implied warranties do not apply to the extent prohibited by applicable law. Spirit does not warrant (i) that the use of the Website will be uninterrupted or error-free; (ii) that the content on the Website is or will be accurate, current, complete, reliable, or of any particular value or quality; (iii) that defects or errors in the Website will be corrected or that the Website will be updated; or (iv) that the Website is free of viruses, worms, malware, adware, or other harmful or disruptive devices or components.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SPIRIT, ITS 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, 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 OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

 

Indemnification

 

You agree to defend, indemnify, and hold harmless Spirit, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, any use of the Website’s content other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Website.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms & Conditions, and any dispute or claim related thereto, shall be governed by and construed in accordance with the laws of the State of  without giving effect to any conflict of law principles. Any legal suit, action, or proceeding related to these Terms & Conditions or the Website shall be instituted exclusively in the federal or state courts located in Wichita, Kansas.

 

Miscellaneous

No waiver by Spirit of any term in these Terms & Conditions shall be deemed a continuing waiver of such term or a waiver of any other term, and any failure of Spirit to assert a right under these Terms & Conditions shall not constitute a waiver of such right. If any provision of these Terms & Conditions is held by a court to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms & Conditions will continue in full force and effect.  These Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and Spirit regarding the Website and supersede all prior and contemporaneous understandings and agreements regarding the Website.

 

Your Comments

The Website is operated by Spirit AeroSystems, Inc. 3801 Oliver, Wichita, KS 62210.

Questions or comments relating to the Website should be directed to: spiritnews@spiritaero.com.