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Terms of Use
Last Updated: 5/11/2016
Welcome to https://www.spectreperformance.com an online marketplace operated by Spectre Performance ("SPECTRE," "us" or "we"). Please review the following terms and conditions ("Terms of Use") and our other policies that govern your visit to our website (this "Site"), and your use of this Site and related products and services available on or through the Site (the "Services"). SPECTRE reserves the right, at any time, to modify, alter or update our Site, policies and these Terms of Use.
1. Your Consent and Use of the Site
Your use of our Site constitutes your acceptance of, and agreement to follow and be bound by the Terms of Use, Privacy Policy, Terms of Sale, Product Warranty Policy, and any further policies or terms that govern your use of our Site and/or Services, which are all incorporated herein by reference (collectively, this "Agreement"). If you do not agree to these terms and conditions, please do not use the Site.
We may from time to time change or modify the terms and conditions that govern your use of our Site and Services and this Agreement. Your use of our Site and Services following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. SPECTRE may terminate your right to and deny you access to this Site, or remove any material you may have posted at the Site, if, in our sole discretion, you fail to comply with any term or provision of this Agreement, or for any other reason whatsoever. Except as otherwise provided herein, however, SPECTRE undertakes no obligation to police, supervise, or monitor materials posted to this Site by you or other third parties.
Use of this Site is limited to persons over the age of thirteen (13). This Site is not directed to children under 13 years old. The policy of SPECTRE, as the operator of this Site, is NOT to knowingly collect any personal information from children under 13, including "individually identifiable information," as defined by the Children’s Online Privacy Protection Act (COPPA). If you are under 13, you should leave the Site without providing any information about yourself. Any access to or use of this Site or Services by anyone under the age of majority requires consent to this Agreement by a parent or legal guardian. By accessing or using the Site and/or Services, you represent and warrant to us that you are either a legal adult or, if under the age of majority, have obtained proper consent from a parent or legal guardian to your use of the Site, Services and this Agreement. By using the Site and Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PROHIBITED USES. SPECTRE imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system, service or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing"; (d) using the Site to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SPECTRE in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability. Without limiting the foregoing, you may not use "bots", spiders or intelligent agent software (or similar technologies) for any purposes other than accessing publicly posted portions of the Site and only for purposes consistent with this Agreement. You may not circumvent any access or use restrictions, data encryption or content protection related to the Site. You may not data mine the Site or in any way cause harm to the Site.
2. Site Contents and Intellectual Property Rights
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site and Services (collectively, "Contents") are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by SPECTRE or its subsidiaries and affiliates. No right, title or interest in any of the information, material, or other Contents of this Site are granted to you under any circumstances and SPECTRE reserves and retains all intellectual property rights in and to the Site and its Contents. Linking or framing to this Site or any of its Contents is prohibited without the prior written permission of SPECTRE.
Except as expressly noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use or copying (including electronic copying or downloading) of the Site and Contents without SPECTRE’s express written consent is expressly prohibited by law, and may result in severe civil and criminal penalties.
Opinions, advice, statements, testimonials, reviews, offers or other information or content made available on this Site or through our Services, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
3. Disclaimer of Warranties and Limitation of Liabilities
WITH THE EXCEPTION OF THE LIMITED AND EXPRESS WARRANTIES SET FORTH IN OUR PRODUCT WARRANTY POLICY, ALL USE OF THIS SITE, ANY INFORMATION, CONTENT, PRODUCTS, OR SERVICES HEREIN CONTAINED OR PROVIDED AT OR PURCHASED FROM THIS SITE, AND ANY FUNCTIONALITY OR SOFTWARE OR PROGRAMMING CONTAINED OR PROVIDED AT THIS SITE, IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT GUARANTEE OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY, PROMISE OR GUARANTEE OF ANY KIND THAT (A) OPERATION OF OUR SITE AND/OR SERVICES WILL BE CONTINUOUS, TIMELY, UNINTERRUPTED, SECURE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL EFFECTS; (B) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR SERVICES WILL BE EFFECTIVE, TYPICAL, ACCURATE OR RELIABLE; AND (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOUR USE OF THE SITE AND SERVICES ARE AT YOUR OWN RISK.
FURTHER, WITHOUT LIMITING THE FOREGOING, ALL INFORMATION PROVIDED ON THIS SITE IS WITHOUT WARRANTY AS TO ITS COMPLETENESS, TIMELINESS, ACCURACY, SUITABILITY OR AUTHENTICITY. YOU SHOULD CONDUCT YOUR OWN DUE DILIGENCE AS TO THE TRUTH, ACCURACY, COMPLETENESS, AND CONTINUING VALIDITY OF ANY INFORMATION SET FORTH IN OR REFERENCED AT THIS SITE. LIKEWISE, SPECTRE DOES NOT WARRANT THE ACCURACY OF THIRD-PARTY CONTENT CONTAINED WITHIN OR REFERRED TO AT THIS SITE, INCLUDING REFERENCE BY ANY LINKS TO THIRD-PARTY WEBSITES. SPECTRE IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
UNDER NO CIRCUMSTANCES SHALL SPECTRE OR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, OR ANY MATERIALS ON THE SITE, OR WITH ANY OF THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF SPECTRE FOR ANY DAMAGE OF ANY KIND, DIRECT OR INDIRECT, ARISING FROM YOUR USE OF THIS SITE OR SERVICES, ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES OBTAINED AT OR FROM THIS SITE, OR OTHERWISE RELATING TO YOUR USE OF THIS SITE, PRODUCTS OR SERVICES, SHALL NOT EXCEED THE DOLLAR AMOUNT PAID BY YOU, IF ANY, TO SPECTRE FOR USE OF THIS SITE, PRODUCTS OR SERVICES.
4. Release and Indemnification
IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF THE SITE OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DISPUTE REGARDING ANY TRANSACTION OR USER GENERATED CONTENT) OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR OTHERWISE INTERACT WITH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE SPECTRE AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE AND/OR SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SPECTRE, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ALL CLAIMS, DEMANDS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, UNLAWFUL USE OR OTHER MISUSE, OR INABILITY TO USE THE SITE OR SERVICES, YOUR BREACH OF THIS AGREEMENT, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER MEMBER, USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY SERVICE PROVIDED BY A THIRD PARTY PROVIDER, OR ANY USE OF A SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING ANY SOCIAL MEDIA SITE. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.
5. Choice of Law, Arbitration, and Venue
This Agreement and any claim or controversy relating to or arising from the use of this Site or Services, including, but not limited to, any purchases or other transactions made or entered into at this Site, any information, content, products, services or promotions herein contained or provided from this Site, or any functionality, software or programming contained or provided at or from this Site (hereafter, "Claims"), shall be governed by the laws of the State of California without regard to principles of conflicts of law and, as applicable, the laws of the United States of America. All Claims shall be decided by one arbitrator pursuant to this provision and the commercial arbitration rules and procedures of JAMS, Inc. at their offices located in Orange County, California. All Claims shall be brought solely in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s Claims, and may not otherwise preside over any form of a representative or class proceeding with respect to any such Claims. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. The decision of the arbitrator shall be final and binding. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award shall be conducted in the Superior Court of the State of California, in and for the County of Orange or, where applicable, the federal District Court sitting in the County of Orange, State of California. Likewise, in the event that this arbitration agreement is for any reason held to be unenforceable, any litigation shall be commenced only in the federal or state courts located in Orange County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
BY USING THE SITE AND/OR SERVICES IN ANY MANNER, YOU AGREE TO THE ABOVE ARBITRATION AGREEMENT. IN DOING SO, YOU GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND ANY CLAIMS BETWEEN YOU AND US. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
6. Submission and Posting of Information, Comments, Writings and Other User-Generated Content and Materials
As a user of this Site, you may be able to post content on the Site, including providing testimonials or reviews, leaving comments, etc. You are solely responsible for the content that you publish, display or post on the Site or Services, or transmit or display to other users. Any submission of information or copyrightable works of any nature by you to this Site or to SPECTRE through the use of this Site shall be deemed to constitute a release by you to the public domain, for use by SPECTRE, and others, without restriction, except those restrictions set forth in our Privacy Policy with respect to personal information. All comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to SPECTRE using this Site or otherwise are not confidential and will become and remain SPECTRE’s property. By submitting such information or material, you represent and warrant your right to release such information and material for use in the public domain without restriction. Any information or material submitted by you must not violate the rights of any third party, and must not contain any defamatory, inaccurate, false, libelous, abusive, hateful, obscene, profane, offensive, threatening, harassing, racially offensive, or otherwise unlawful material.
Your submission of such information and material shall further constitute an assignment to SPECTRE of all worldwide rights, titles and interests and goodwill in the information and materials without payment of any compensation. By posting content to any public area of the Site, you automatically grant and represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
7. Termination and Denial of Access
This Agreement is effective unless and until terminated by SPECTRE. If in SPECTRE’s sole discretion you fail to comply with any term or provision of this Agreement, SPECTRE may terminate your access to or use of this Site. In the event of termination or denial of access by SPECTRE, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in this Agreement, shall continue in force.
8. Third Party Links
This Site may include links to other Internet sites maintained by third parties ("Linked Sites"). SPECTRE provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by SPECTRE of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave this Site. Linked Sites are not under the control of SPECTRE and SPECTRE is not responsible for the contents of any Linked Sites.
9. Modifications to the Site or Services
SPECTRE reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or Services (or any part thereof) with or without notice at its sole discretion. You agree that SPECTRE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Services.
10. Miscellaneous
Headings in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to other or similar breaches. This Agreement, including the documents referenced herein, shall constitute the entire agreement and understanding between SPECTRE and you with respect to use of the Site and/or Services and supersedes any and all prior agreements and understandings of the parties with respect to the subject matter addressed herein. This Agreement is binding on the parties hereto and their successors and assigns. If any provision in this Agreement is deemed unlawful, void or unenforceable, then that provision will be deemed severed from the Agreement and the remaining provisions shall remain in full force and effect as if no invalid or unenforceable provision had been part of this Agreement.
11. Complaints or Concerns
If you have any complaints or concerns regarding the Site or Services, please contact us at Spectre Performance Attn.: Legal 1455 Citrus Street, Riverside, CA. 92507. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted by telephone at (800) 952-5210 or by writing the California Department of Consumer Affairs, Consumer Information Center at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834.
