1. Acceptance of Agreement and Scope
This Specright Website contains specific information and software, as well as – as the case may be – related documentation, for viewing or downloading. Specright may change, suspend or end any Service, or change and modify prices prospectively at its discretion.Specright may stop the operation of the Website in full or in part at any time. Specright may change, suspend or end any service, or change and modify prices prospectively at its discretion. The Website or any related software on the Website is not a storage service. You agree that Specright has no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law.
3.1 You agree that you will abide by all applicable federal, state and local law, rules and regulations, or the orders of any federal, state or local government properly in using the Website and any software contained herein, including all obligations regarding the confidentiality of information relating to any other customers of Specright.
4. Registration, Password
Some pages of the Website may be password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Specright reserves the right to deny registration to any user. Specright is entitled, at any time and without obligation to provide reasons, to deny a user the right to access the password-protected area by blocking its User Data (as defined below), in particular if the user
- uses false data for the purpose of registration;
- violates any applicable laws in the access to or use of the Specright Website;
As a registered user of the Website and its services, you are establishing an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Specright of any security breach of your Account. Specright shall not be responsible for any losses arising out of the unauthorized use of your Account. You agree to provide accurate and complete information when you register with Specright, and you agree to update your information to keep it accurate and complete. You agree that Specright may store and use the information you provide for use in maintaining and/or billing fees to your Account. You understand and agree that failure to provide true and accurate information when registering your Account may result in up to and including termination of your Account, prohibiting any future use of the Specright services. You may at any time request termination of your registration in writing, provided that the deletion will not violate the proper performance of contractual relationships.
If you fail, or Specright suspects that you have failed, to comply with any of the provisions of this Agreement, Specright, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the any Specright or Specright affiliate software; and/or (iii) preclude access to the Specright services (or any part thereof). Specright reserves the right to modify, suspend, or discontinue its services (or any part or content thereof) at any time with or without notice to you, and Specright will not be liable to you or to any third party should it exercise such rights.
The following shall survive termination:
- Our rights to use and disclose your feedback;
- Users’ and/or visitor’s rights to further re-share content and information you shared through the Specright services or Website to the extent copied or re-shared prior to termination;
- Sections 6, 7, 8, 9 and 10 of this Agreement;
Any amounts owed by either party prior to termination remain owed after termination.
The software, content, organization, graphics, design, audio, animation, video, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Website is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials.
The trademarks, logos, and service marks (“Marks”) displayed on this Website are the property of Specright or other third parties. You are not permitted to use the Marks without the prior written consent of Specright or such third party that may own the Marks. By uploading any trademarks, logs, or service marks on the Website, you are providing Specright rights of use to those Marks.
8. Use of Software
The software and accompanying documentation that is made available on the Website is the copyrighted and/or patented work of Specright and/or its suppliers. Use of any Specright software is governed by the terms of this Agreement. If you do not agree to or abide by these terms, you will not be able to use Specright’s services or software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of any software available on the Website.
9. Limited Right to Use.
The viewing, printing or downloading of any content, graphic, form or document from the Website grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). Specright reserves the right to revoke the authorization to view, download, and print any software content available on its Website at any time, and any such use shall be discontinued immediately upon notice from Specright. The rights granted to you constitute a license and not a transfer of title.
BY USING THE SPECRIGHT SOFTWARE AND SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SPECRIGHT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SPECRIGHT SOFTWARE AND SERVICE, OR ANY ACTION TAKEN BY SPECRIGHT AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SPECRIGHT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO ITS SOFTWARE OR SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SPECRIGHT’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Your right to use Specright’s software and Website is not transferable. Any password or right given to you to obtain information or documents is not transferable.
12. Disclaimer and Limits.
THE INFORMATION AND SERVICES FROM OR THROUGH THE WEBSITE AND SOFTWARE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. SPECRIGHT AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, SPECRIGHT AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPECRIGHT AND YOU. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPECRIGHT THROUGH THE SITE OR SOFTWARE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE OR SOFTWARE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. SPECRIGHT WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE WEBSITE OR SOFTWARE. SPECRIGHT’S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE OR FEE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
13. Use of Information.
14. Third-Party Services.
Specright may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that Specright does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Specright is not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY SPECRIGHT, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS SPECRIGHT LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO THE SPECRIGHT SITE OR SOFTWARE.
15. Links to other Web Sites.
The Website may contain links to other websites. Specright is not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Specright. Inclusion of any linked website on the Specright Website does not imply approval or endorsement of the linked website by Specright. If you decide to leave Specright’s website and access these third-party sites, you do so at your own risk.
This Agreement shall be treated as though it were executed and performed in Orange County, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles. You expressly agree that exclusive jurisdiction for any claim or dispute with Specright or relating in any way to your use of the Website, or Specrights’s services or software resides in the courts in the State of California. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.