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Terms 2018-02-13T13:17:07+00:00

Terms of Use

Shainin Web Site Legal Notice (Terms and Conditions)

Welcome to the Shainin web site. Please review the terms and conditions described below regarding use of this web site. By using this site, including the downloading of software and articles, and use of the forums and blogs contained herein, you agree to these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. From time to time Shainin reserves the right to modify and change these terms and conditions.

Terms and Conditions of the Use of this Web Site

Please note that these terms and conditions relate to the use of this web site and are governed in accordance with the laws of the United States the location from which Shainin operates this site. Disputes arising herein are exclusively subject to the jurisdiction of the federal or state courts, as applicable, of the State of Nevada in the United States.

User shall not: i) distribute, use or make copies of, or otherwise duplicate any materials contained on this web site, except as expressly authorized under these terms or by Shainin; (ii) make this web site, or any materials contained on this web site, available to any unauthorized third party; (iii) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare this web site, or create any Internet “link” to this web site without the prior and express written authorization from Shainin, or “frame” or “mirror” the materials or services contained on or accessible from this web site onto any server or Internet-based device; (iv) cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising, or available through this web site, except to the extent permitted by law; or (v) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyrights, intellectual property, restricted rights notices, or other proprietary rights legend, or any license agreement included or provided on this web site.

Additionally and without limitation, you agree not to use this web site: (a) to collect, gather or assemble any materials other than for internal and/or noncommercial use; (b) to collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) to transmit or post any material or information which is unlawful, harassing, libelous, tortuous, defamatory, threatening, harmful, abusive, invasive of another”s privacy, vulgar, obscene or otherwise objectionable; (d) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including any patent, trademark, copyright, trade secret, or right of publicity; (d) to transmit any material that contains software viruses or other harmful or deleterious computer code; (e) to interfere with or disrupt servers or networks connected to this web site, or violate the regulations, policies or procedures of such networks; (f) to attempt to gain unauthorized access to this web site, other accounts, computer systems or networks connected to this web site, through password mining or any other means; or (g) to harass or interfere with another user”s use and enjoyment of this web site.

It is possible that Shainin may need to disclose personal information when required by law, such as responses to civil or criminal subpoenas, or other requests by law enforcement officials. Shainin will disclose such information where there is a good-faith belief that it is necessary to comply with a court order, ongoing judicial proceeding, subpoena, or other legal process or request to Shainin brought in any country throughout the world, or to exercise our legal rights or defend against legal claims.

In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, Shainin cannot warrant and does not guarantee the absolute safety and security of confidential data on the internet.

Without prejudice to any other rights Shainin has under these terms of use, if the user breaches these terms of use in any way, Shainin may take such action as it deems appropriate to handle the breach, including suspending the user’s access to this website, prohibiting the user from accessing the website, blocking any computer with the user’s IP address from accessing the website, contacting the user’s internet service provider to request it block the user from this website, bringing a court action against the user, or all or any combination of the foregoing. Shainin may transfer, subcontract, or otherwise delegate its rights or obligations or both under these terms of use without notifying the user. The user may not transfer, subcontract, or otherwise delegate its rights or obligations or both under these terms of use. If any court or other competent authority determines any provision of these terms of use to be unlawful or unenforceable or both, all other provisions will continue in effect.

Intellectual Property

To the extent that Shainin provides for the download of its proprietary Red X Tracker©* software from this web site, such software is protected by registered copyright and other proprietary rights of Shainin in the United States and/or foreign jurisdictions. All use of this software is subject to the terms of the “click through” license agreement agreed to by the user on this web site.

All rights to include those in the United States and/or foreign jurisdictions including copyrights, trademarks, service marks, and Intellectual and Proprietary Property of this web site and of its contents are owned by or licensed to Shainin. You may use the web site content for your own use and noncommercial use. You may save content from the web site onto any medium and make printed copies of articles on the web site for your own use as long as you acknowledge the source of the information by referencing, “Shainin LLC, Title of Article, www.shainin.com”, but you may not distribute or publish any part of this site without Shainin’s prior written permission.

Copyrights of personal photographs are owned by or licensed to Shainin. Shainin has been granted the rights to use the production process photographs appearing on its web site. We would like to extend a thank you to the companies who have granted us the use of their photographs.

Shainin respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content of material posted to this website under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Shainin with the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512

      •   A physical or electronic signature of a person
        authorized to act on behalf of the owner of an
        exclusive right that is allegedly infringed;
      •  Identification of the copyrighted work claimed to have
        been infringed, or, if multiple copyrighted works at a
        single online site are covered by a single notification,
        a representative list of such works at that site;
      •  Identification of the material that is claimed to be
        infringing or to be the subject of infringing activity,
        and information reasonably sufficient to permit us to
        locate the material;
      •  Information reasonably sufficient to permit us to
        contact the complaining party (e.g., address,
        telephone number and email address);
      •  A statement that the complaining party has a good
        faith belief that use of the material is unauthorized;
        and
      •  A statement that the information in the notification is
        accurate, and under penalty of perjury, that the
        complaining party is authorized to act on behalf of the
        owner of an exclusive right that is allegedly infringed.

For copyright inquiries, including notification of claims of infringement, please email: This email address is being protected from spambots. You need JavaScript enabled to view it.

*Red X Tracker© is a registered trademark of Red X Holdings LLC.

 

Postings by Users

There may be areas on this website such as forums, blogs, chat rooms where postings can be made, and information exchanged (“Postings”) by users of this web site. Be aware that Shainin may have editorial control over the information posted by users in these areas of the web site. Such Postings do not necessarily reflect the views of Shainin. Shainin cannot guarantee that other users will not use the ideas and information that is shared in these Postings. Shainin reserves the right to monitor all Postings and to remove any which it considers to be offensive or otherwise in breach of Shainin’s web site terms and conditions. You hereby authorize Shainin to use all or part of your Postings in any manner, format, or medium for advertising purposes or for other purposes as Shainin deems appropriate. You will have no claim or any other recourse against Shainin for infringement of any proprietary right in the Postings.

Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of any online blog or forum on this website using any “robot”, “spider”, “deep link”, scraper”, or other automated means, methodology, algorithm or device or any manual process for any purpose.

NEITHER SHAININ, ITS AFFILIATES NOR ITS LICENSORS OR THIRD-PARTY PROVIDERS SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS ONLINE FORUM OR BLOG, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS ONLINE FORUM OR BLOG. SHAININ, ITS AFFILIATES AND LICENSORS SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL SHAININ, ITS AFFILIATES OR ITS LICENSORS OR THIRD-PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR THE USE OF ORINABILITY TO USE THIS ONLINE FORUM OR BLOG OR ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), EVEN IF SHAININ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Refer to the “Terms and Conditions of On-Line Forum Use” Agreement on this site for further Shainin Policy Information in this area of use.

Disclaimer

All materials, information and services included in or available through this web site are provided “as is” and “as available” for your use. While attempts are made to provide accurate, current, complete and reliable information, Shainin recognizes the possibility of human and/or mechanical error. Shainin disclaims all warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, and fitness for a particular purpose.

Linking

Links to third-party web sites may be provided solely for your information and convenience, or to provide you with additional information. If you use these links, you will leave Shainin’s web site. Shainin accepts no responsibility or liability for any third-party practices, privacy policies, or material contained on third-party web sites. We suggest that you carefully review the privacy policies of each site you visit. Shainin reserves the right to terminate any links or linking program at any time.

Applicable U.S. Laws and Export Control

Shainin controls and operates this web site from its location in the United States. All content and materials of this web site are protected by copyrights, trademarks or other intellectual property and proprietary rights of Shainin or its respective owners as well as under any applicable federal laws and United States Government export control regulations. These terms of use shall be governed by and construed in accordance with the laws of the State of Nevada, U.S.A. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this web site, including the On-Line Forums shall be filed only in the courts located in the County of Clark, City of Las Vegas, State of Nevada, U.S.A. and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Because those accessing this website are doing so from different parts of the world, the following may not be applicable to each person in every location. Shainin makes no representation that materials on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export any material within this web site in violation of the U.S. Department of Commerce Export Administration Regulations or other requirements of the U.S. Government regulating the export of such information. You agree that: (i) you are not listed on the U.S. Commerce Department’s Table of Denial Orders, or otherwise denied the privilege of participating in transactions involving the export of U.S. origin products and services; (ii) you are not located in a country that is subject to embargo by the United States; (iii) You are not engaged, directly or indirectly, in the design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missiles: and (iv) you shall not knowingly export or re-export, (as defined in Part 779 of the Export Administration Regulations) directly or indirectly, to any country any of the information contained herein (or any product, technical data, or service resulting directly there from) without first having obtained all necessary approvals thereof.

Trade and Service Marks

Shainin and all other terms appearing here are trademarks of Red X Technologies, Inc, a Shainin Company.

Some are registered with the U.S. patent office and in other countries where Red X Holdings and Shainin LLC do business.

Attribute Component Search™
Attribute Variable Search Patterns™
B vs C™
B vs W™
Backwards B vs C™
Barrier ANOVA™
Barrier B vs C™
Black Dot™
Component Search™
Component Search Patterns™
Delta Plot™
Experience Plot™
FACTUAL™
FEMCA™ Focused Problem Definition™
Focused Problem Definition Tree™
FUNCTIONAL™
Green Y®
Isoplot®
Isoplot Quickcheck™
Multi-spec Search™
Multiple Alternatives B vs C™
Multiple B vs C™
Operations Search™
Operations Search Patterns™
Overstress Probe Test™
Overstress Probe Testing™
Paired Comparisons™
Pale Pink X™
Pink X™
Problem Definition Tree™
Project Definition Tree™
Random Multi-spec Search™
Randomized Sequencing™
Rank Order ANOVA™
Red X®
Red X in Black Box + Design in Color®
Red X Tracker®
Resilient Design and Development®
Resilient IT Management®
Resistance Limit Transform™
Risk ReduXion®
Rolling Top 5®
Scope Tree™
Sensory Scoring Transform™
Shainin®
Solution Tree™
Source Isolation Squares™
Statistical Tolerance Stacking™
Strategy Diagram™
STRUCTURAL™
The Bennett Method™
The Shainin® System
Tolerance Ellipse™
Tolerance Parallelogram™
TransaXional®
Variable Search™
X The Shainin Assistant ™
Y → X ™