Speco Technologies Terms of Use
By using this website, www.silverbyspeco.com (collectively the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use shall constitute a binding and enforceable contract between you and Speco Technologies (the “Company”). These Terms of Use set forth the terms and conditions under which you may access and use the Website. If you do not agree to these Terms of Use, you may not use this Website.
Modifications
The Company may, in its sole discretion at any time and without prior notice, modify these Terms of Use, in whole or in part, by posting such modifications on the Website. Your continued use of the Website following the posting of changes will operate as an acknowledgement of your acceptance of and agreement to be bound by the then current Terms of Use. If at any point the Terms of Use are not acceptable to you, your only recourse is to cease using this Website. The Terms of Use include the date the Company last updated the Terms of Use.
Use of the Website
You agree and acknowledge that the Website and the content, including, but not limited to, graphics, text, video, and the like, including any third party content, and other information provided on the Website (“Website Content”), is the sole and exclusive intellectual property of the Company or is licensed by the Company for use on the Website. The Website Content shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of the Company or its licencors. The Company hereby grants you a license to view the Website and Website Content solely in accordance with the terms and conditions of these Terms of Use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
As a condition of your use of the Website and Website Content, you warrant to us that you will not use the Website or Website Content for any purpose that is prohibited by these Terms of Use and will not act in any manner that will be harmful or detrimental to the Website, the Company, or its users in connection with the Website or Website Content, and that you will not assist, encourage, or enable any other individual or entity to do so, including but not limited to the following:
• 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 jeopardise 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 authorised representative;
• Co-brand the Website without the express prior written permission of our authorised representative. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or Website Content; or Hyperlink to the Website without the express prior written permission of our authorised representative.
You agree to cooperate with us in causing any of the prohibited activities set forth in this section to immediately to cease.
Through your continued use of this Website, you represent and warrant that you possess all power, authority and applicable approvals (if any) necessary for you to agree and abide by these Terms of Use; that these Terms of Use constitute a valid and binding agreement enforceable against you; and that your agreeing to and abiding by these Terms of Use will not cause you to be in violation of any other agreement or law, regulation, order or court process or decision to which you are a party or by which you or your properties are bound or affected.
To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that any and all of the information you provide on this Website will be correct, current, and complete and that you will abide by these Terms of Use. When submitting data, documents, information or other material in the course of using the Website or Website Content, you shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all such materials.
The Company reserves the right to temporarily disable or permanently discontinue any and all functionality or your use of the Website, including the provision of any and all Website Content, at any time without notice and with no liability to you. The Company additionally reserves the right to withhold, remove and/or discard any submitted data without notice. If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately cease use of the Website.
Privacy
The Privacy Policy contains additional information about how your information (including information that will not be publicly viewable) will and will not be used.
Geographic Restrictions
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
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Legal Notices
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.
Indemnification
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.
Security
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.
Miscellaneous
(a) Governing Law. By accessing the Website, you agree that the laws of the State of New York, without regard to principles or conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or its affiliates. In addition, you agree to submit to the jurisdiction of the courts of the State of New York in the county of New York, and that any action pursued concerning these Terms of Use or your use of the Website shall be within the exclusive jurisdiction of the courts of the State of New York in the county of New York.
(b) Severability and Survival. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect and shall be interpreted in such a manner as to preserve enforceability of the remainder of the Terms of Use while maintaining the least change in scope. Each provision in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.
(c) No Waiver. The failure by either you or the Company to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver
of such right or provision or any other provision of these Terms of Use. Only a specific, written waiver signed by an authorized representative of the Company shall have any legal effect.
(d) Assignment. You may not assign your rights and obligations under these Terms of Use to any third party, and any attempt to do so shall be null and void. The Company may freely assign its rights and obligations under these Terms of Use.
(e) Headings. The headings hereof are descriptive only and not to be used in interpreting the provisions of these Terms of Use.
Contacting Speco Technologies
You may contact the Company if you any questions about the Terms of Use, the practices of this Website, or your dealings with the Website by sending an e-mail to salessupport@specotech.com.
Updated as of 12/7/15