Use of the Website
• Conduct or promote any illegal activities while using the Website or Website Content;
• Upload, distribute or print anything that may be harmful to minors;
• Transmit any material which violates or infringes upon the rights of others, or is unlawful;
• Transmit any information that the Company, in its sole discretion, believes to be abusive, excessively violent, harassing, defamatory, vulgar, obscene, lewd, lascivious, or otherwise objectionable;
• Attempt to reverse engineer or jeopardize the correct functioning of the Website or Website Content, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• Attempt to gain access to secured portions of the Website or Website Content to which you do not possess access rights or obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site or Services;
• Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• Use the Website or Website Content to generate unsolicited email advertisements or spam;
• Use any automatic or manual process to search or harvest information from the Website or Website Content, or to interfere in any way with the proper functioning of the Website or Website Content;
• Use the Website or Website Content in any manner which could disable, overburden, damage, or impair the Site or interfere with any other party’s use and enjoyment of the Website or Website Content;
• Impersonate another user or the Company’s employees, partners, or providers;
• “Frame,” inline link or similarly display Website Content without the express prior written permission of our authorized representative;
You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately to cease.
The Company intends that the Website will be viewed by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Messages, Requests, and other Content Provided to Us
The Website may provide you with the ability to contact the Company through email addresses, contact forms, or other means. To the extent that you do so, you grant the Company a perpetual, irrevocable, non-exclusive, royalty-free license to use any ideas, input, feedback, inquiries, or any other communication or communicated concept in connection with the Website or the Company.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM VIRUSES OR MALICIOUS CODE; OR (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR INFORMATION DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE. WE CANNOT AND DO NOT MAKE ANY WARRANTIES THAT YOUR USE OF THE WEBSITE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, IN THESE TERMS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL THE COMPANY, ITS PARTNERS, AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT FROM ANY ASPECT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, FROM OTHERS USING THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT THE COMPANY IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL WEBSITE CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM THE COMPANY OR ITS PARTNERS AND ANY LOSSES, DAMAGES, INJURIES OR EXPENSES THAT RESULT THEREFROM. WITHOUT LIMITING THE FOREGOING, YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS PRINCIPLES, AFFILIATES AND EMPLOYEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ANY INVESTIGATION RELATED TO ANY ILLEGAL OR UNAUTHORIZED USE OF THE WEBSITE AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. NOTWITHSTANDING THE FOREGOING, IF, DESPITE THE LIMITATIONS ABOVE, THE COMPANY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN ANY LIABILITY RESULTING THEREFROM SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS AGAINST THE COMPANY AND THE COMPANY INDEMNITIES.
Exclusions and Limitations: The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the Company. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.
Limitation on Time to File Claims
If you intend to carry out legal action of any kind against the Website or the Company, you are required to contact the Company seven (7) business days before any legal claim is made. Please remember the Website is intended to benefit its users and the Company intends no harm to you or anyone else by operating this Website.
You agree to defend, indemnify and hold harmless the Company, its affiliates, partners, advisors, employees, members, managers, officers, directors, agents, licensors, licensees or content providers) (the “Company Indemnities”) from any claims, losses, damages, expenses, demands, and costs (including without limitation reasonable attorneys’ fees), arising out of or relating to your use of the Website.
Third Party Links
The Website may contain hyperlinks to third party websites to assist you, the user. The Company does not control such third party websites. THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such hyperlinks does not imply any endorsement by the Company, including but not limited to opinions, statements, information, individuals or entities referred to on such hyperlinks or any association with their operators. You are solely responsible for any charges or obligations that you may incur in your dealings with such linked site operators or advertisers. Linked sites or other websites may also have a hyperlink to this Website; the Company is not, and you agree that the Company is not, responsible for the content of any such website or the actions of any operator of any such website.
Unfortunately, data transmission over the Internet cannot be guaranteed to be secure nor is any security system completely secure. The Company does not guarantee the security of any information you transmit to the Company or provide online. The Company requests that you do not send, and the Company will not be liable for your sending sensitive or confidential information electronically. It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences.
Contacting Speco Technologies
Updated as of 12/7/15