TERMS OF USE

Last Modified: April 5, 2013

Please take some time to review these Terms of Use.

Access and Use of the Website:

Unless authorized in writing by Spectified you may use the Network solely for your personal and non-commercial use. You agree to only access or use the Network solely for legal purposes as allowed by these Terms of Use. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to:

  • modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Network, including without limitation, engage in the practice of "screen scraping," or any other similar activity;
  • hack into the Network or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Network;
  • damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Network;
  • violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or

access or attempt to access any password-protected, secure or non-public areas of the Network without the express permission of Spectified.

For any portion of the Network that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms of Use. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any

Content you Provide:

You agree that any User Generated Content that you post, upload, input, submit, send, contribute or otherwise transmit (collectively, "Submit" or "Submission", as appropriate) to the Network (whether directly or through a third party) shall be true, accurate and complete and you shall not impersonate or falsely represent your affiliation with any person or entity. You are entirely responsible for all User Generated Content that you Submit or otherwise make available via Spectified.com.

You agree that you shall not use Spectified.com to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Network, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.

In the event that you do not wish for Spectified to use your User Generated Content, please do not Submit such User Generated Content to the us. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Spectified, and Spectified makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Spectified reserves the right to remove any User Generated Content from our website at any time and for any reason.

How we use the content:

This website is generally directed to individuals residing in the United States. As such, all personal information that we obtain about you will be recorded, used and protected by us in accordance with current United States data protection legislation and this privacy policy. To the extent your personal information is recorded or used by our affiliates in Europe it is also covered by European Union data protection legislation and any other applicable laws. By providing us with your personal information, you consent to us processing this personal information in one or more of the ways described in this privacy policy.

We will primarily use your personal information to provide products and services to you, for example:

  • To administer a contest, promotion, survey or other site feature and to provide you with the relevant products or services (for instance to deliver a prize you may have won in a contest).
  • To send you information/materials via e-mail, text or mail about products, offers and news we think could interest you. This information may relate to products, offers and news of Spectified products or any of our other products and services.
  • To analyze visits to the website and learn about the interests of our visitors so we can improve our products and services and deliver the best user experience.

The information obtained during an online purchase is utilized to improve your web experience by enabling you to obtain a faster checkout for purchases and/or opt-in to receive e-mails or texts, which provide you with the latest and greatest information regarding Spectified products, events and any other products and services.

The information obtained during an online purchase is used only to complete the order online, to confirm the order and shipment of the order via email. You may, upon placement of an order, opt to allow us to save the information for a speedier checkout process the next time. Your payment information is then stored only for the purposes of faster checkout and is not used for any other purpose.

Marketing

Our company policy is to not flood people with e-mail or text correspondence, but simply to give you periodic information so you can stay up to date on what we are offering.

You can easily unsubscribe at any time you want by contacting us via email with "unsubscribe" in the subject line. It takes some time to put opt- outs in effect but you should stop receiving e-mails within 14 days after your request is received.

We also use your e-mail address to confirm your order and to confirm shipment of your order and to respond to any inquiries you make online. All e-mails you receive will provide you with information as to how to get off the e-mail mailing list if you so desire.

Terms of Sale; Prices

By placing an order with Spectified, you are (i) offering to purchase a product, (ii) representing that you are over 18 years of age, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Spectified's acceptance of an order. We retain the right to refuse any request made by you.

Prior to Spectified's acceptance of an order, verification of information may be required. Spectified reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Spectified, for any reason whatsoever. Spectified reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Spectified shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Spectified shall credit your account in the amount of the incorrect price.

Spectified reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Network are quoted in U.S. dollars.

Please see our Support options and all related webpages for information on shipping, delivery and tracking, the ordering and payment process, returns and exchanges, and other helpful information. Spectified reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Spectified as necessary (please see our USA Shipping, International Shipping, and Ordering & Payment webpages and all related webpages for further information).

Reporting If you see objectionable content or have any questions about these Terms of Use, please contact Spectified at the address noted on the website.

Offline Conduct Although Spectified cannot monitor the conduct of its users of this Network, it is a violation of these Terms of Use to use any information obtained from our Network in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.

Violation of These Terms of Use You agree that monetary damages may not provide a sufficient remedy to Spectified for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations.

 

DISCLAIMER AND LIMITATION OF LIABILITY

A. Disclaimer. SPECTIFIED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE website, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM US OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR ANY THIRD PARTY WEBSITE(S) BY SPECTIFIED OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY SPECTIFIED ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, SPECTIFIED MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. SPECTIFIED MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS NETWORK OR LINKED TO FROM THIS NETWORK.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

B. Limitation of Liability. IN NO EVENT SHALL SPECTIFIED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE NETWORK, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS WEBSITE OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE NETWORK , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPECTIFIED HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, SPECTIFIED'S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF THE NETWORK OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE WEBSITE, AND ALL OTHER USE OF THE WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SPECTIFIED, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR NETWORK.

 

SECURITY

We monitor activity on this website “network” to prevent any unauthorized disclosure of credit card numbers or other personal information. In addition, we utilize a licensed system for credit card authorization and fraud detection. We use industry standard Authorize.net encryption to protect the confidentiality of your personal information.

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