Limitation on Liability
You assume all responsibility and risk for the use of the Spectrotel website and the Internet generally. In no event shall Spectrotel be liable for any direct, special, indirect, consequential, exemplary or punitive damages or any damages whatsoever, including, but not limited to, loss of use, data or profits (even if Spectrotel has been advised of the possibility of such damages), without regard to the form of any action, including, but not limited to, contract, negligence or other tortuous actions, arising out of or in connection with (i) your use of or your inability to use the Spectrotel website, (ii) your use, copying or display of the content of the Spectrotel website, (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Spectrotel website; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Spectrotel website; (vi) any other matter relating to the Spectrotel Website or (vii) your use of the Internet generally, under contract, tort or any other cause of action or legal theory. Spectrotel’s liability in conjunction with your use of the Spectrotel website and the content thereof shall be limited to the greatest extent permitted by law.
Disclaimer of Warranties
Although Spectrotel believes the content of its website to be accurate, complete, and current, Spectrotel nonetheless makes no warranties as to the accuracy, completeness, or currency of the content of the Spectrotel website. It is your responsibility to evaluate the accuracy, completeness, and currency of the information you obtain from the Spectrotel website and to verify such information before relying on it.
Access to the Spectrotel website and the content provided thereon is provided on an as is and as available basis. Spectrotel disclaims all warranties, representations, or endorsements, express or implied, with regard to the Spectrotel Website, the content thereon and the Internet generally, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the generality of the above, Spectrotel makes no warranty that (i) the Spectrotel Website will meet your requirements, (ii) the Spectrotel Website will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use the Spectrotel Website will be accurate or reliable, (iv) of the quality of any products, services, information, or other material purchased or obtained by you through the Spectrotel website.
Any material downloaded, uploaded, or otherwise obtained through the use of the Spectrotel website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of the Spectrotel website.
Disclaimer of Endorsements and Links
Reference on the Spectrotel Website to products, services, or processes of or hypertext links to third parties or to any other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by or affiliation with Spectrotel.
The Website may include links to sites and services not provided by Spectrotel. Your interaction with these sites and services will be subject to the terms (including privacy policies) established by such sites or services. Spectrotel is not responsible for, and does not endorse or warrant in any way, any materials, information, goods, or services available through or advertised on such sites or services, or the privacy or other practices of such sites or services.
The names and logos of Spectrotel and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Spectrotel and may not be used in any manner without the prior written consent of Spectrotel. All other product and service marks referenced on the Spectrotel website are trademarks of their respective third-party owners.
The contents of the Spectrotel website are the copyrighted work of Spectrotel. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials available on the Spectrotel website. Nothing on the Spectrotel website shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Spectrotel or any third party by virtue of it being displayed or made accessible on the Spectrotel website.
Limitations on Use
Spectrotel grants to you a limited, non-exclusive, non-transferable, revocable license to use the Spectrotel website for its intended purposes only. You may not sell, resell, or otherwise use or commercially exploit the Spectrotel website other than by using it for its intended purposes. Systematic retrieval of data or other content from the Spectrotel website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Spectrotel is prohibited.
Consent to Monitoring and Disclosure
Spectrotel is under no obligation to monitor the information residing on or transmitted to the Spectrotel website. By accessing the Spectrotel website, however, you agree that Spectrotel may (i) monitor the site to comply with any applicable laws, regulations, or governmental requests, and (ii) operate the Spectrotel website in such manner as Spectrotel deems proper or deems necessary to protect against conduct it deems inappropriate, each in Spectrotel sole discretion.
You agree to comply with any security processes and procedures, e.g., passwords, specified by Spectrotel with respect to access to or use of the Spectrotel website. Further, you agree not to access or attempt to access any areas of or through the Spectrotel website which are not intended for general public access, unless you have been provided with express written authorization to do so by Spectrotel.
Changes and Other Terms
Failure to Comply
Information Provided by You
Unsolicited information provided by you that does not contain personal, individually identifiable information, including but not limited to unsolicited feedback, data, questions, comments, suggestions, or the like shall be deemed non-confidential and Spectrotel shall be free to reproduce, use, disclose and distribute the information to others without limitation.
Spectrotel expressly reserves the right to transfer its rights and obligations under these Terms, in part or as a whole, to another legal entity as part of any sale or merger of all or part of Spectrotel with a separate legal entity.
These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, excluding provisions of that would result in choice of the law of another jurisdiction to govern these Terms. Jurisdiction for any court proceedings arising out of or relating to these Terms will be vested exclusively in, and all parties to these Terms expressly agree to be subject to the jurisdiction and venue of, the state or federal courts sitting in Newark, New Jersey.
Waiver and Severability
No waiver by Spectrotel of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Spectrotel to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms are the complete and exclusive statement of the agreement between you and Spectrotel concerning the website. These Terms replace and supersede any prior or contemporaneous oral or written agreement and any other communications between you and Spectrotel.
Spectrotel is based in the State of New Jersey in the United States. We provide the website for use only by persons located 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. Access to the website may not be legal by certain persons or in certain countries. 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.
If you have questions about these Terms, you may contact email@example.com or your account manager. Please note that communications made to firstname.lastname@example.org or your account manager will not constitute legal notice to Spectrotel, its officers, employees, agents, or representatives.
Changes to These Terms
Spectrotel regularly reviews these Terms and may revise or update them at our sole discretion. Changes to these Terms become effective immediately upon their posting on the website and your continued use of the website following the posting of revised terms represents that you have read, understood, and agreed to the changes. The most recent version of these Terms will be maintained on the website.
These terms are current as of 2/15/2022.