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WEBSITE TERMS OF USE



Welcome to spectware.com. It is the goal of spectware.com to provide the best services and products to you. To ensure that we can provide a safe and friendly environment for all of your users, we have established these TERMS OF USE. It spells out just what you can expect from us and what we can expect from you.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER spectware.com WEB SITE. THEY ARE LEGALLY BINDING ON YOU.

By using this Web site, you signify your assent to these Terms of Use. (Note: The use of the word “Terms” also includes the term and concept of “Conditions.”) We reserve the right, at our discretion, to modify, add or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site now or following the posting of changes to these terms will signify that you accept these Terms and/or changes. Your violation of these Terms, at a minimum, will result in your loss of the right to use our Web site, as we may decide in our absolute discretion.

1.  RESTRICTIONS ON USE OF MATERIALS.
All materials on this site, including but not limited to text, images, designs, audio, graphics, logos, software and the like (collectively called the “Materials”), are owned or licensed by spectware.com (also referred to as the “Company”) or its content suppliers and protected to Company. You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any Materials from our Web site without the prior written permission of the Company. Any modification or use of the Materials for any other purpose is an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other Web site or other networked computer environment is prohibited without the prior written permission of Company. 

2.  DISCLAIMER.
THIS SITE IS PROVIDED BY spectware.com ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE, ITS INFORMATION, CONTENT, MATERIALS, OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

WE DO NOT WARRANT THAT ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR OUR SERVER(S) ARE FREE OF VIRUSES. 

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEB SITE AS TO THEIR ACCURACY OR RELIABILITY. YOU (AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR. FURTHER, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF ANY IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

3.  LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL spectware.com BE LIABLE FOR ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY TO USE THE MATERIALS ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THESE POSSIBILITIES. APPLICABLE LAW MAY NOT ALLOW THESE LIMITATIONS ON LIABILITY OR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE AND/OR SOFTWARE.

4.  ONLINE CONDUCT.
Any communication which you post to our Web site is non-confidential, and you agree to use spectware.com only for lawful purposes. You shall not post or publish on our Web site any content which is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability or otherwise violate any applicable law. 

If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from our Web site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate our Company; and (iii) to protect the right or property of our Company, its users or providers. 

spectware.com reserves the right to prohibit conduct, communication or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our Company, or any third party. Provided, however, neither we nor our provider(s) can ensure the prompt removal of questionable content after online posting. Accordingly, neither our Company nor any of its officers, employees or representatives shall assume liability for any action or inaction taken with respect to removing such material from our Web site. 

Our Web site shall be used only for personal uses consistent with our site’s operations. You shall not distribute or otherwise publish any commercial material soliciting or promoting any goods or services. You specifically acknowledge that soliciting any users of this Web site to become members of any commercial online service or other organization is expressly prohibited. 

By uploading or submitting any materials to us, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable, nonexclusive right and license to use, publish, modify and distribute the content worldwide, including the right to use it in other works in any form, media or technology for the copyright term of this content. Subject to this grant, the content owner retains any and all rights which may exist in that content. 

Any advice, services or offers that are expressed by you, or made available by third parties, are those of the respective authors and not of spectware.com or any of our officers, employees, or representatives. Neither Company nor any of its representatives guarantee the accuracy, completeness or appropriateness of any content, opinion or advice, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for any loss, damage or harm caused by a user’s reliance on any information obtained through this Web site. It is the responsibility of each user to independently evaluate the information, advice or other content found at this Web site.

5.  THIRD-PARTY SUBMISSIONS.
User may upload to or distribute on our Web site only content that is not subject to any copyright or other proprietary rights protection, or content in which the author has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, date, owned by spectware.com; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary content is illegal. 

In compliance with the Digital Millennium Copyright Act, users and other persons can report any potential infringements and recommended corrections to us by clicking here This email address is being protected from spambots. You need JavaScript enabled to view it. . We will address those concerns in accordance with that Act. It is agreed that under no circumstance will our Company, its officers or its representatives be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises from user submissions.

6.  PRIVACY POLICY.
It is spectware.com’s policy to respect the privacy of our users. Our Privacy Policy is set forth at the following location Privacy Policy

7.  LINKING FROM AND TO THIS WEB SITE. To the extent that this Web site has links from and to other Web sites, we cannot endorse or control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular Web site. 

Any link to our Web site is subject to our approval, conditions and agreement as we may decide in our sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology of a commercial, competitive or offensive nature is strictly prohibited.

8.  TERMINATION OF USE.
spectware.com reserves the right to refuse service, terminate accounts, suspend activity, and/or cancel orders in its sole discretion, including, without limitation, if we believe that any customer’s conduct violates applicable law, is harmful to another user’s interest, or is harmful to the interests of spectware.com, any third-party, or any service provider.

9.  INDEMNITY.
You agree to indemnify, hold harmless and defend spectware.com, our employees, officers, directors, agents and providers from and against all claims, actions or demands, including reasonable legal fees and court costs, resulting from any breach by you of these Terms of Use or other liability. 

10.  OTHER.  Any legal dispute arising in connection with these Terms of Use shall be first attempted to be settled by mediation. If that is not successful, then the dispute shall be settled by arbitration to be held in Colorado Springs, El Paso County, Colorado, USA in accordance with the rules of the American Arbitration Association, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgment may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the Court. 

This site is created and controlled by spectware.com in the State of Colorado, whose laws will govern these Terms of Use and any legal controversy. You consent to submit to the exclusive jurisdiction of the courts of the State of Colorado and of the United States for any litigation arising out of our Web site’s use and operation, waive any objection to this state on improper jurisdiction and/or venue grounds, and agree not to argue that any such litigation brought there has been brought in an inconvenient forum. 

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by any court of competent jurisdiction, then that provision shall be deemed severable from the rest of the provisions and shall not affect the validity or enforceability of any of the remaining provisions. 




YOU AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing, and/or using our Web site.

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