These terms and conditions (“Agreement”) set forth the general terms and conditions of your
use of the aspect.contact website (“Website” or “Service”) and any of its related products and
services (collectively, “Services”). This Agreement is legally binding between you (“User”,
“you” or “your”) and Spect Perspective Technologies, Inc. (“Spect Perspective Technologies,
Inc.”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or
other legal entity, you represent that you have the authority to bind such entity to this
agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you
do not have such authority, or if you do not agree with the terms of this agreement, you must
not accept this agreement and may not access and use the Website and Services. By accessing
and using the Website and Services, you acknowledge that you have read, understood, and
agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a
contract between you and Spect Perspective Technologies, Inc., even though it is electronic
and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and membership
If you create an account on the Website, you are responsible for maintaining the security of
your account and you are fully responsible for all activities that occur under the account and
any other actions taken in connection with it. We may, but have no obligation to, monitor and
review new accounts before you may sign in and start using the Services. Providing false
contact information of any kind may result in the termination of your account. You must
immediately notify us of any unauthorized uses of your account or any other breaches of
security. We will not be liable for any acts or omissions by you, including any damages of
any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete
your account (or any part thereof) if we determine that you have violated any provision of
this Agreement or that your conduct or content would tend to damage our reputation and
goodwill. If we delete your account for the foregoing reasons, you may not re-register for our
Services. We may block your email address and Internet protocol address to prevent further
registration.
User content
We do not own any data, information or material (collectively, “Content”) that you submit on
the Website in the course of using the Service. You shall have sole responsibility for the
accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property
ownership or right to use of all submitted Content. We may, but have no obligation to,
monitor and review the Content on the Website submitted or created using our Services by
you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and
perform the Content of your user account solely as required for the purpose of providing the
Services to you. Without limiting any of those representations or warranties, we have the
right, though not the obligation, to, in our own sole discretion, refuse or remove any Content
that, in our reasonable opinion, violates any of our policies or is in any way harmful or
objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or
distribute the Content created by you or stored in your user account for commercial,
marketing or any similar purpose.
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and
billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is
enabled for the Services you have subscribed for, you will be charged automatically in
accordance with the term you selected. If, in our judgment, your purchase constitutes a
high-risk transaction, we will require you to provide us with a copy of your valid
government-issued photo identification, and possibly a copy of a recent bank statement for
the credit or debit card used for the purchase. We reserve the right to change products and
product pricing at any time. We also reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household
or per order. These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the time the order was
made.
Accuracy of information
Occasionally there may be information on the Website that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, availability,
promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions,
and to change or update information or cancel orders if any information on the Website or
Services is inaccurate at any time without prior notice (including after you have submitted
your order). We undertake no obligation to update, amend or clarify information on the
Website including, without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Website should be taken to indicate that all
information on the Website or Services has been modified or updated.
Third party services
If you decide to enable, access or use third party services, be advised that your access and use
of such other services are governed solely by the terms and conditions of such other services,
and we do not endorse, are not responsible or liable for, and make no representations as to
any aspect of such other services, including, without limitation, their content or the manner in
which they handle data (including your data) or any interaction between you and the provider
of such other services. You irrevocably waive any claim against Spect Perspective
Technologies, Inc. with respect to such other services. Spect Perspective Technologies, Inc. is
not liable for any damage or loss caused or alleged to be caused by or in connection with your
enablement, access or use of any such other services, or your reliance on the privacy
practices, data security processes or other policies of such other services. You may be
required to register for or log into such other services on their respective platforms. By
enabling any other services, you are expressly permitting Spect Perspective Technologies,
Inc. to disclose your data as necessary to facilitate the use or enablement of such other
service.
Backups
We perform regular backups of the Website and its Content, however, these backups are for
our own administrative purposes only and are in no way guaranteed. You are responsible for
maintaining your own backups of your data. We do not provide any sort of compensation for
lost or incomplete data in the event that backups do not function properly. We will do our best
to ensure complete and accurate backups, but assume no responsibility for this duty.
Advertisements
During your use of the Website and Services, you may enter into correspondence with or
participate in promotions of advertisers or sponsors showing their goods or services through
the Website and Services. Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between you and the applicable third
party. We shall have no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third party.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile
applications, etc.), we are not, directly or indirectly, implying any approval, association,
sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated
herein. Some of the links on the Website may be “affiliate links”. This means if you click on
the link and purchase an item, Spect Perspective Technologies, Inc. will receive an affiliate
commission. We are not responsible for examining or evaluating, and we do not warrant the
offerings of, any businesses or individuals or the content of their resources. We do not assume
any responsibility or liability for the actions, products, services, and content of any other third
parties. You should carefully review the legal statements and other conditions of use of any
resource which you access through a link on the Website. Your linking to any other off-site
resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the
Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform
or participate in any unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Website and
Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or
circumvent the security features of the Website and Services, third party products and
services, or the Internet. We reserve the right to terminate your use of the Website and
Services for violating any of the prohibited uses.
Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute,
common law or equity in or in relation to any copyright and related rights, trademarks,
designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions,
rights to use, and all other intellectual property rights, in each case whether registered or
unregistered and including all applications and rights to apply for and be granted, rights to
claim priority from, such rights and all similar or equivalent rights or forms of protection and
any other results of intellectual activity which subsist or will subsist now or in the future in
any part of the world. This Agreement does not transfer to you any intellectual property
owned by Spect Perspective Technologies, Inc. or third parties, and all rights, titles, and
interests in and to such property will remain (as between the parties) solely with Spect
Perspective Technologies, Inc. All trademarks, service marks, graphics and logos used in
connection with the Website and Services, are trademarks or registered trademarks of Spect
Perspective Technologies, Inc. or its licensors. Other trademarks, service marks, graphics and
logos used in connection with the Website and Services may be the trademarks of other third
parties. Your use of the Website and Services grants you no right or license to reproduce or
otherwise use any of Spect Perspective Technologies, Inc. or third party trademarks.
Disclaimer of warranty
You agree that such Service is provided on an “as is” and “as available” basis and that your
use of the Website and Services is solely at your own risk. We expressly disclaim 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. We make
no warranty that the Services will meet your requirements, or that the Service will be
uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that
may be obtained from the use of the Service or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will be corrected. You
understand and agree that any material and/or data downloaded or otherwise obtained through
the use of Service is done at your own discretion and risk and that you will be solely
responsible for any damage or loss of data that results from the download of such material
and/or data. We make no warranty regarding any goods or services purchased or obtained
through the Service or any transactions entered into through the Service unless stated
otherwise. No advice or information, whether oral or written, obtained by you from us or
through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Spect Perspective
Technologies, Inc., its affiliates, directors, officers, employees, agents, suppliers or licensors
be liable to any person for any indirect, incidental, special, punitive, cover or consequential
damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use
of content, impact on business, business interruption, loss of anticipated savings, loss of
business opportunity) however caused, under any theory of liability, including, without
limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if
the liable party has been advised as to the possibility of such damages or could have foreseen
such damages. To the maximum extent permitted by applicable law, the aggregate liability of
Spect Perspective Technologies, Inc. and its affiliates, officers, employees, agents, suppliers
and licensors relating to the services will be limited to an amount no greater than one dollar
or any amounts actually paid in cash by you to Spect Perspective Technologies, Inc. for the
prior one month period prior to the first event or occurrence giving rise to such liability. The
limitations and exclusions also apply if this remedy does not fully compensate you for any
losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold Spect Perspective Technologies, Inc. and its affiliates,
directors, officers, employees, agents, suppliers and licensors harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in
connection with or arising from any third party allegations, claims, actions, disputes, or
demands asserted against any of them as a result of or relating to your Content, your use of
the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be
applicable and binding only to the extent that they do not violate any applicable laws and are
intended to be limited to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any provision of this
Agreement shall be held to be illegal, invalid or unenforceable by a court of competent
jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof
shall constitute their agreement with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising
out of it shall be governed by the substantive and procedural laws of Massachusetts, United
States without regard to its rules on conflicts or choice of law and, to the extent applicable,
the laws of United States. The exclusive jurisdiction and venue for actions related to the
subject matter hereof shall be the courts located in Massachusetts, United States, and you
hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a
jury trial in any proceeding arising out of or related to this Agreement. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to this
Agreement.
Assignment
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or
obligations hereunder, in whole or in part, without our prior written consent, which consent
shall be at our own sole discretion and without obligation; any such assignment or transfer
shall be null and void. We are free to assign any of its rights or obligations hereunder, in
whole or in part, to any third party as part of the sale of all or substantially all of its assets or
stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services
at any time at our discretion. When we do, we will revise the updated date at the bottom of
this page, send you an email to notify you. We may also provide notice to you in other ways
at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the
revised Agreement unless otherwise specified. Your continued use of the Website and
Services after the effective date of the revised Agreement (or such other act specified at that
time) will constitute your consent to those changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions.
By accessing and using the Website and Services you agree to be bound by this Agreement. If
you do not agree to abide by the terms of this Agreement, you are not authorized to access or
use the Website and Services.
Contacting us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage
you to contact us using the details below:
info@aspect.contact
This document was last updated on October 21, 2022