Warranty Disclaimer &
Terms of Agreement
All files made freely available for downloading from this Site (including this Site’s subdomains) are offered to you in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
The GNU General Public License (Version 3) governs all spreadsheet files available for downloading on this Site. Drawing from that license, the following warranty disclaimer applies to anything you choose to download from this Site:
“THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.”
Terms of Agreement
The Terms of Agreement states that all download files on this Site (including this Site’s subdomains) are freely available.
You can redistribute and/or modify any downloadable spreadsheet file under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version.
For downloadable non-spreadsheet files (like Microsoft® PowerPoint presentations, Microsoft® Word documents, PDF documents, and other non-spreadsheet files), you are free to redistribute those files but you may not modify them as they are copyrighted by the original author and all rights are reserved. Exception: If a downloadable non-spreadsheet file stipulates that it is licensed under a Creative Commons license, the Creative Commons license will govern the manner in which a User may use, modify and redistribute that particular file (the above-mentioned warranty disclaimer still apply to all non-spreadsheet files, too).
Statistical PERT®, SPERT®, and Estimation Made Easy® are protected, federally-registered trademarks. Soothsayer™, MyScrumBudget™, Sagacity™, and SimSee™ are non-federally-registered trademarks. If you modify, in any material way, any spreadsheet downloaded from this Site, you agree to remove these trademarked names from the modified spreadsheet(s). However, the modified spreadsheet(s) must still display the original copyright notice showing the spreadsheet’s copyright year and copyright holder information (example: “Original Copyright © 2015-2021, William W. Davis, MSPM, PMP“). Moreover, the modified spreadsheet(s) must clearly identify the changes you or others made, in accordance with the GNU General Public License. If you have questions about what it means to materially modify a spreadsheet, please contact me.
Personal identification information
This Site collects personal identification information from Users in a variety of ways, including, but not limited to, when Users visit this Site, fill out a form, and in connection with other activities, services, features or resources made available on this Site. Users may be asked for, as appropriate, name and email address. Users may, however, visit this Site anonymously. This Site will collect personal identification information from Users only if they voluntarily submit such information. Users can always refuse to supply personally identifying information, except that it may prevent them from engaging in certain Site-related activities.
Non-personal identification information
This Site may collect non-personal identification information about Users whenever they interact with this Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to this Site, such as the operating system and the Internet service providers utilized and other similar information.
Disclosure of Data
I may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend my rights or property
- To prevent or investigate possible wrongdoing in connection with the Site
- To protect the personal safety of users of the Site or the public
- To protect against legal liability
Security of Data
The security of your data is important to me, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While I strive to use commercially acceptable means to protect your Personal Data, I cannot guarantee its absolute security.
Web browser cookies
I may use third-party Service Providers to monitor and analyze the use of my Site.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of my Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
How I use collected information
This Site may collect and use User’s personal information for the following purposes:
To run and operate this Site —
I may need your information to display content on this Site correctly.
To improve customer service —
Information you provide helps me respond to your customer service requests and support needs more efficiently.
To improve this Site —
I may use your feedback to improve my products and services.
How I protect your information
I adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, transaction information and data stored on this Site.
On September 16, 2016, this Site installed an SSL certificate. Now, all HTTP connections to this Site will be redirected so they use HTTPS, an encrypted, secured connection (this Site’s subdomains will also be redirected to use HTTPS connections, too). This ensures User privacy and security while they use this Site.
Sharing your personal information
I do not sell, trade, or rent Users personal identification information to others.
I may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with my business partners, trusted affiliates and advertisers for the purposes outlined above. As of October 6, 2016, this Site is ad-free and has no advertisers.
Third party websites
Users may find advertising or other content on this Site that links to the websites and services of any partners, suppliers, advertisers, sponsors, licensors and other third parties. I do not control the content or links that appear on these other websites and am not responsible for the practices employed by websites linked to or from this Site. In addition, these other websites or services, including their content and links, may be constantly changing. These other websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to this Site, is subject to that website’s own terms and policies.
My Site does not address anyone under the age of 18 (“Children”).
I do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided me with Personal Data, please contact me. If I become aware that I have collected Personal Data from children without verification of parental consent, I take steps to remove that information from my servers.
Your acceptance of these terms
This document was last updated on September 14, 2021 to include a more explicit Warranty Disclaimer.