PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSINGOR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMSAND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU,THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS ANDCONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OROUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 01/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall governthe relationship with our users and others which may interact or interface with Speqtiv, also known asspeqtiv.com, located at3129 212th St SE, Bothell, Washington 98021 and our subsidiaries andaffiliates, in association with the use of the speqtiv.com website, which includes www.speqtiv.com, (the”Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description:
Sales of New and Used products.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” ofthe herein contained Services provided for the purpose of this TOS. Once an individual registers for ourServices, through the process of creating an account, the user shall then be considered a “member.”
The user and/or member acknowledges and agrees that the Services provided and made availablethrough our website and applications, which may include some mobile applications and that thoseapplications may be made available on various social media networking sites and numerous otherplatforms and downloadable programs, are the sole property of Speqtiv. At its discretion, Speqtiv may offeradditional website Services and/or products, or update, modify or revise any current content andServices, and this Agreement shall apply to any and all additional Services and/or products and any andall updated, modified or revised Services unless otherwise stipulated. Speqtiv does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Speqtiv shall not be held liable for any suchupdates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products.Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications,
and as such, frequent review of this Agreement and any and all applicable terms and policies should bemade by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services offeredshall be provided “AS IS” and as such Speqtiv shall not assume any responsibility or obligation for thetimeliness, missed delivery, deletion and/or any failure to store user content, communication orpersonalization settings.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that hasbeen previously barred from receiving speqtiv.com’s Services under the laws and statutes of the UnitedStates or other applicable jurisdiction.
When you register, speqtiv.com may collect information such as your name, e-mail address, birth date,gender, mailing address, occupation, industry and personal interests. You can edit your accountinformation at any time. Once you register with speqtiv.com and sign in to our Services, you are nolonger anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as may berequested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintainaccuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Speqtiv will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect ofthe Agreement, and as such refuse any and all current or future use of Speqtiv Services, or any portionthereof.
It is Speqtiv’s priority to ensure the safety and privacy of all its visitors, users and members, especially thatof children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the speqtiv.com website platform Services must create a “family” account, which will certify that the individual creating the “family” account is of 18 years of age and as such, theparent or legal guardian of any child or children registered under the “family” account. As the creator ofthe “family” account, s/he is thereby granting permission for his/her child or children to access the variousServices provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s
and/or legal guardian’s responsibility to determine whether any of the Services and/or content provided areage-appropriate for his/her child.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsiblefor maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify Speqtiv immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Speqtiv shall not be held liable for any loss and/or damagearising from any failure to comply with this term and/or condition of the TOS.
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text,software, data, photographs, music, video, messages, tags or any other content, whether it is publicly orprivately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the speqtiv.com Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors oromissions in any content posted, and/or any loss or damage of any kind incurred as a result of the useof any content posted, emailed, transmitted or otherwise made available by speqtiv.com.
Furthermore, you herein agree not to make use of Speqtiv’s Services for the purpose of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall bedeemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwiseobjectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any speqtiv.com officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with anindividual or entity;
- forging captions, headings or titles or otherwise offering any content that you personally have noright to pursuant to any law nor having any contractual or fiduciary relationship with;
- uploading, posting, emailing, transmitting or otherwise offering any such content that may infringeupon any patent, copyright, trademark, or any other proprietary or intellectual rights of any otherparty;
- uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual orfiduciary relationship;
- uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorizedadvertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in anysuch areas that may have been designated for such purpose;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain asoftware virus or other computer code, any files and/or programs which have been designed tointerfere, destroy and/or limit the operation of any computer software, hardware, ortelecommunication equipment;
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;
- interfering with or disrupting any Speqtiv Services, servers and/or networks that may be connected orrelated to our website, including, but not limited to, the use of any device software and/or routine tobypass the robot exclusion headers;
- intentionally or unintentionally violating any local, state, federal, national or international law,including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities andExchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, orthe NASDAQ, and any regulations having the force of law;
- providing informational support or resources, concealing and/or disguising the character, location,and or source to any organization delegated by the United States government as a “foreign terroristorganization” in accordance to Section 219 of the Immigration Nationality Act;
- “stalking” or with the intent to otherwise harass another individual; and/or
- collecting or storing of any personal data relating to any other member or user in connection withthe prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Speqtiv herein reserves the right to pre-screen, refuse and/or delete any content currently availablethrough our Services. In addition, we reserve the right to remove and/or delete any such content thatwould violate the TOS or which would otherwise be considered offensive to other visitors, users and/ormembers.
Speqtiv herein reserves the right to access, preserve and/or disclose member account information and/orcontent if it is requested to do so by law or in good faith belief that any such action is deemedreasonably necessary for:
- compliance with any legal process;
- enforcement of the TOS;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of Speqtiv, its visitors, users and members,including the general public.
Speqtiv herein reserves the right to include the use of security components that may permit digitalinformation or material to be protected, and that such use of information and/or material is subject tousage guidelines and regulations established by Speqtiv or any other content providers supplying content services to Speqtiv. You are hereby prohibited from making any attempt to override or circumventany of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using www.speqtiv.com to send electronic communications, which would include, but are not limited to, email, searches, instant messages,uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with
this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading,posting and/or transferring of software, technology and other technical data may be subject to the exportand import laws of the United States and possibly other countries. Through the use of our network, youthus agree to comply with all applicable export and import laws, statutes and regulations, including, butnot limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), aswell as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- are not on the list of prohibited individuals which may be identified on any government exportexclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a memberof any other government which may be part of an export-prohibited country identified in applicableexport and import laws and regulations;
- agree not to transfer any software, technology or any other technical data through the use of ournetwork Services to any export-prohibited country;
- agree not to use our website network Services for any military, nuclear, missile, chemical orbiological weaponry end uses that would be a violation of the U.S. export laws; and
- agree not to post, transfer nor upload any software, technology or any other technical data whichwould be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Speqtiv shall not lay claim to ownership of any content submitted by any visitor member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Speqtiv the below listed worldwide, royalty-free and non- exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Speqtiv’ssites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly performand/or publicly display said Content on our network Services is for the sole purpose of providingand promoting the specific area to which this content was placed and/or made available for viewing.This license shall be available so long as you are a member of Speqtiv’s sites, and shall terminateat such time when you elect to discontinue your membership.
- Photos, audio, video and/or graphics submitted or made available for inclusion on the publiclyaccessible areas of Speqtiv’s sites, the license provided to permit to use, distribute, reproduce,modify, adapt, publicly perform and/or publicly display said Content on our network Services are forthe sole purpose of providing and promoting the specific area in which this content was placedand/or made available for viewing. This license shall be available so long as you are a member ofSpeqtiv’s sites and shall terminate at such time when you elect to discontinue your membership.
- For any other content submitted or made available for inclusion on the publicly accessible areas ofSpeqtiv’s sites, the continuous, binding and completely sub-licensable license which is meant topermit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/orpublicly display said content, whether in whole or in part, and the incorporation of any such Contentinto other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Speqtiv’s sites are those such areas ofour network properties which are meant to be available to the general public, and which would includemessage boards and groups that are openly available to both users and members. However, those areaswhich are not open to the public, and thus available to members only, would include our mail system andinstant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Speqtiv provides an area for our users and members to contribute feedback to our website. When yousubmit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledgeand agree that:
- your contributions do not contain any type of confidential or proprietary information;
- Speqtiv.com shall not be liable or under any obligation to ensure or maintain confidentiality,expressed or implied, related to any Contributions;
- Speqtiv.com shall be entitled to make use of and/or disclose any such Contributions in any suchmanner as they may see fit;
- the contributor’s Contributions shall automatically become the sole property of speqtiv.com; and
- Speqtiv.com is under no obligation to either compensate or provide any form of reimbursement inany manner or nature.
All users and/or members herein agree to insure and hold Speqtiv, our subsidiaries, affiliates, agents,employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which mayinclude, but is not limited to, reasonable attorney fees made by any third party which may arise from anycontent a member or user of our site may submit, post, modify, transmit or otherwise make availablethrough our Services, the use of speqtiv.com Services or your connection with these Services, yourviolations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for anycommercial reason any part, use of, or access to speqtiv.com’s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Speqtiv may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or anyother uploaded content shall be retained by Speqtiv, nor the maximum number of email messages thatmay be sent and/or received by any member, the maximum volume or size of any email message thatmay be sent from or may be received by an account on our Service, the maximum disk space allowablethat shall be allocated on Speqtiv’s servers on the member’s behalf, and/or the maximum number of timesand/or duration that any member may access our Services in a given period of time. In addition, youalso agree that Speqtiv has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by ourServices. You also herein acknowledge that we reserve the right to delete or remove any account that isno longer active for an extended period of time. Furthermore, Speqtiv shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located onSpeqtiv’s servers. In this manner, you will be able to access and search your message history from anycomputer with internet access. You also acknowledge that others have the option to use and saveconversations with you in their own personal account on www.speqtiv.com. It is your agreement to thisTOS which establishes your consent to allow Speqtiv to store any and all communications on its servers.
Speqtiv shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration,modification, suspension and/or discontinuance of our Services, or any part thereof.
As a member of www.speqtiv.com, you may cancel or terminate your account, associated email addressand/or access to our Services by submitting a cancellation or termination request firstname.lastname@example.org.
As a member, you agree that Speqtiv may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access toany of our Services. The cause for such termination, discontinuance, suspension and/or limitation ofaccess shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/orguideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and/or
- the nonpayment of any associated fees that may be owed by you in connection with yourwww.speqtiv.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to youor any other third party with regards to the termination of your account, associated email address and/oraccess to any of our Services.
The termination of your account with www.speqtiv.com shall include any and/or all of the following:
- a) the removal of any access to all or part of the Services offered within www.speqtiv.com;
- the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertiserslocated on or through our Services, which may include the payment and/or delivery of such related goodsand/or Services, and any such other term, condition, warranty and/or representation associated with suchdealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree thatSpeqtiv shall not be held responsible or liable for any loss or damage of any nature or manner incurredas a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Speqtiv or any third parties may provide links to other websites and/or resources. Thus, youacknowledge and agree that we are not responsible for the availability of any such external sites orresources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Speqtiv shall not be responsible or liable, directly or indirectly, for anysuch damage or loss which may be a result of, caused or allegedly to be caused by or in connectionwith the use of or the reliance on any such content, goods or Services made available on or through anysuch site or resource.
You do hereby acknowledge and agree that Speqtiv’s Services and any essential software that may beused in connection with our Services (“Software”) shall contain proprietary and confidential material that isprotected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledgeand agree that any Content which may be contained in any advertisements or information presented byand through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or asauthorized by Speqtiv or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based onSpeqtiv Services (e.g. Content or Software), in whole or part.
Speqtiv herein has granted your personal, non-transferable and non-exclusive rights and/or license tomake use of the object code or our Software on a single computer, as long as you do not, and shall not,allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverseassemble or otherwise make an attempt to locate or discern any
source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such rightin the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and withoutlimitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not toaccess or attempt to access our Services through any means other than through the interface which isprovided by Speqtiv for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF Speqtiv SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OURSERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE”BASIS. Speqtiv AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANYKIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ANDNON-INFRINGEMENT.
b) Speqtiv AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS MAKE NO SUCH WARRANTIES THAT (i) Speqtiv SERVICES OR SOFTWARE WILLMEET YOUR REQUIREMENTS; (ii)SPEQTIV SERVICES OR SOFTWARE SHALL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICHMAY BE OBTAINED FROM THE
USE OF THE Speqtiv SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICHMAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWAREWILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THESOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OFSpeqtiv SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION ANDSOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVEANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOURCOMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FORANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCHINFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BEOBTAINED BY YOU FROM Speqtiv OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARESHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTICSEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BECONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAINCONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTEDEPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZUREOR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE ANEPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARYMOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT Speqtiv AND OURSUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORSSHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGESWHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OROTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCHPOSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/ORDATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Speqtiv (and its officers, directors, employees,agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims,demands and damages (actual and consequential) of every kind and nature, known and unknown,suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to suchdispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alertsor other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase “Let the investor beware” is appropriate. Speqtiv’s content is provided primarily for informational purposes, and no content that shall be provided or included in ourServices is intended for trading or investing purposes. Speqtiv and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisionsbased on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAINWARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL ORCONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONSWARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
Speqtiv may furnish you with notices, including those with regards to any changes to the TOS, includingbut not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, orother reasonable means currently known or any which may be herein after developed. Any such noticesmay not be received if you violate any aspects of the TOS by accessing our Services in anunauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in anauthorized manner.
You herein acknowledge, understand and agree that all of the Speqtiv trademarks, copyright, trade name,service marks, and other Speqtiv logos and any brand features, and/or product and service names aretrademarks and as such, are and shall remain the property of Speqtiv. You herein agree not to display and/or use in any manner the Speqtiv logo or marks without obtaining Speqtiv’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Speqtiv will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Speqtiv may disable and/orterminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us thefollowing information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner ofthe copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has beeninfringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized bythe copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in yournotice is truthful and accurate, and that you are the copyright or intellectual property owner,representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Speqtiv Agent for notice of claims of copyright or other intellectual property infringement can becontacted as follows:
Attn: Copyright Agent
3129 212th St SE
Bothell, Washington 98021
BE IT KNOWN, that Speqtiv complies with all applicable Federal Communications Commission rules andregulations regarding the closed captioning of video content. For more information, please visit our websiteat www.speqtiv.com.
This TOS constitutes the entire agreement between you and Speqtiv and shall govern the use of ourServices, superseding any prior version of this TOS between you and us with respect to Speqtiv Services. You may also be subject to additional terms and conditions that may apply when you use orpurchase certain other Speqtiv Services, affiliate Services, third- party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Speqtiv with regard to the TOS that the relationshipbetween the parties shall be governed by the laws of the state of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating tothe TOS, or the relationship between you and Speqtiv, shall be filed within the courts having jurisdictionwithin the County of Snohomish, Washington or the U.S. District Court located in said state. You andSpeqtiv agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive anyand all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Speqtiv fail to exercise or enforce any right or provision of the TOS, such failure shallnot constitute a waiver of such right or provision. If any provision of this TOS is found by a court ofcompetent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to giveeffect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain infull force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a deathcertificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claimor action arising out of or related to the use of our Services or the TOS must be filed within
1 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Speqtiv as follows: