Terms of Use

AS USED HEREIN, THE TERMS “YOU” AND “USER” SHALL MEAN ANY VISITOR TO THE WEBSITE.

  1. Accepting These Terms

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING SPECTERWIRELESS.COM, SPECTER MOBILE APPLICATIONS OR ANY OTHER SPECTER -OWNED WEBSITE (THE “SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF CHANGES TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SITE.

  1. Privacy

Privacy is important to our Users. Our Privacy Policy, incorporated herein by reference, details how your information is used when you access the Site or utilize any of the Specter Services (as defined in the Privacy Policy).

Use of this Site may be monitored, tracked and recorded. Anyone using this Site expressly consents to such monitoring, tracking and recording. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Site during each session.

  1. Access and Content

You are strictly prohibited from unauthorized use of our systems or this Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this website. You agree to keep confidential all user ID information and passwords issued or designated in connection with the Site, and to use such user information and passwords only for lawful purposes.

The works of authorship contained in this Site, including but not limited to all design, text, and images, are owned, except as otherwise expressly stated, by Specter Wireless, LLC, or one of its affiliates (“Specter”) . Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner’s prior written consent.

  1. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Specter, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Specter. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Intellectual Property Rights

The Site and its entire contents, features and functionality (including but not limited to all information, code, content, drawings, graphics, metadata, meta tags, marking information, page format and style, pictures, phrases, product descriptions, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the compilation of all of the foregoing and all intellectual property rights and goodwill associated therewith) (collectively referred to as “Site Content”) are owned by Specter, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  Specter reserves all rights in and to the Site Content.   Specter does not grant you any right, title or interest in or to any part of the Site Content.

You will not copy, reproduce, publish, distribute, transmit, disseminate, display, exhibit, edit, modify, and create derivative works from, or exploit in any way, any part of the Site Content. You will not frame or utilize framing techniques to enclose any Specter trademark, logo, or other proprietary information. You will not use any meta tags or any other “hidden text” utilizing Specter’s name or trademarks. You will not delete, remove or otherwise alter any copyright, trademark or other proprietary notice appearing in or on the Site Content. You will not take any action to jeopardize, limit or interfere in any manner with Specter’s rights in and to the Site Content. You agree not to portray Specter, its products or this Site in a false, misleading, derogatory or otherwise offensive manner. Specter reserves the sole and exclusive right at its discretion to assert claims against third parties for infringement or misappropriation of its intellectual property rights in the Site Content. This Site may contain Site Content owned or licensed by third parties.  All restrictions set forth in these Terms of Use equally apply to all Site Content owned or licensed by third parties.

Specter’s name, the terms, logo, trademarks, and all related names, logos, product and service names, designs and slogans are trademarks of Specter or its affiliates or licensors. You must not use such marks without the prior written permission of Specter.  All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

  1. Links from this Site

If this Site contains links to other sites these links are provided for your convenience only. Specter has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.

  1. Geographic Restrictions

The owner of this Site is based in the United States. Specter provide this Site for use only by persons located in the United States.  Specter makes no claims that this Site or any of its content is accessible or appropriate outside of the United States.  Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Prohibited Uses

You agree that (i) you will not engage in any activities related to this Site that are contrary to applicable law, regulation or the terms of any agreements you have with us, and (ii) in circumstances where locations of this Site require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, data or the content contained herein, to communicate with others, or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not upload any content to the Site which is unlawful or libelous, or which is, or which may reasonably be construed to be, harmful, offensive, fraudulent, threatening, untrue, malicious, harassing or obscene. You agree that you will not use the Site, nor permit others to use the website, for commercial purposes unrelated to the business of Specter, nor to harass, threaten, track or stalk third parties.

WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY OR, IF NO DATE IS STATED, THE DATE OF FIRST POSTING. WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE. FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

  1. Termination

You may terminate your account with Specter at any time as described in the Privacy Policy.  We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.  We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.  We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use without advance notice.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND AGREE TO HOLD HARMLESS SPECTER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE, OUR AFFILIATES, AND ANY THIRD PARTY PROVIDERS:

  • ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE;
  • DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;
  • DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION; AND
  • WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SITE, ANY INCOMPATIBILITY BETWEEN THE SITE AND THE USER’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND OUR CONTROL.

NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE (i) FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES WHOSE PRODUCTS AND/OR SERVICES ARE ADVERTISED AND/OR SOLD VIA THE SITE OR VIA THE WEBSITE OF AN AFFILIATED VENDOR; OR (ii) FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, OR THE PURCHASE OF PRODUCTS OR SERVICES ADVERTISED OR SOLD VIA THE SITE OR THE WEBSITE OF AN AFFILIATED VENDOR, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.  IN ANY EVENT, IF SPECTER IS FOUND LIABLE TO YOU FOR WHATEVER REASON RELATING TO ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, OR THE PURCHASE OF PRODUCTS OR SERVICES ADVERTISED OR SOLD VIA THE SITE OR THE WEBSITE OF AN AFFILIATED VENDOR, SUCH LIABILITY SHALL BE LIMITED TO $100.00 IN THE AGGREGATE.

  1. Indemnification

You agree to defend, indemnify and hold harmless Specter, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of or inability to use the Site, including, but not limited to, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

  1. Governing Law and Jurisdiction

 

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Harris County, Texas, and you agree that venue is proper and convenient in such forum. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

  1. Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

  1. Waiver and Severability

 

No waiver of by Specter of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Specter to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

  1. Entire Agreement

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Specter with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

 

Your Comments and Concerns

 

This Site is operated by

Specter Wireless, LLC
6741 Corporation Pkwy
Fort Worth, TX
76126