Spectrotel Audio Conferencing
Terms of Use
Spectrotel ("Service") Audio Conferencing is provided subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. When using the Service, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
PRIVACY a complete statement of our privacy policy can be found at: http://www.spectrotel.com/Privacy.aspx
OWNERSHIP All rights that are not granted to you and are reserved by Spectrotel. The Service, our technology, and any updates or improvements to the Services and our technology, are owned by SPECTROTEL and its licensors. SPECTROTEL and our licensors own all copyrights, patents, trademarks, trade secrets, and other intellectual property rights relating to or residing in our Services. You understand that our Service and technology contain valuable software and confidential information and you agree that you will not modify, reverse engineer, de-compile, create other works from, or disassemble any of our software without our prior written consent.
TRADEMARKS Spectrotel and our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Spectrotel, Inc. Spectrotel trademarks and trade dress may not be used in connection with any product or service that is not provided or authorized in writing by Spectrotel, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Spectrotel. All other trademarks not owned by Spectrotel that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Spectrotel.
YOUR ACCOUNT You are responsible for maintaining the confidentiality of your PIN number and account information and for restricting access to your account. You agree to accept responsibility and liability for all activities that occur under your account whether lawful or unlawful. You are also solely responsible for all uses of your account, whether or not actually or expressly authorized by you. Persons under 18 may use the Service ONLY with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion. Violation of Terms of Use may result in immediate suspension of your account. In order to ensure that we are able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.
PAYMENT
1. You agree to pay for services rendered.
2. Authorize Spectrotel to charge you or your company for services rendered.
3. Certify that all information provided is true and complete.
4. Authorize Spectrotel to verify all of your statements with any source and to obtain a credit report.
5. Agree to notify Spectrotel of any disputes within 30 days of invoice date.
COMMUNICATIONS AND CONTENT - You are responsible for the content of the messages you communicate when using our Service as well as the consequences of those messages. You agree that you will not use our Service to engage in activities that are illegal, obscene, threatening, and defamatory, invade privacy, infringe intellectual property rights, or otherwise injure third parties or are objectionable. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to your identity.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY UNLESS WE OTHERWISE AGREE IN WRITING, THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS"AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. SPECTROTEL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFIRNGEMENT. SPECTROTEL DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR FREE, SECURE, VIRUS FREE, OR WITHOUT INTERRUPTION.
NEITHER OF US WILL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT OR REVENUE, ARISING OUT OF OR IN CONNECTION WITH SERVICES PROVIDED BY US (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. SPECTROTEL TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THE SERVICES RENDERED, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY SPECTROTEL (LESS ANY PAYMENTS TO YOU) DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Spectrotel, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our Services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of Spectrotel's successors, assigns, and licensees.
APPLICABLE LAW These Terms of Use will be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its conflict of laws or your actual state or country of residence.
MODIFICATION AND SEVERABILITY We reserve the right to make changes to our Service and policies at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.