|
Restrictions
on Use
Membership
Rules and Guidelines
Submissions
Financial
Services and Information
Disclaimer
of Warranties
Limitation
of Liability
Indemnification
Termination
Trademarks
Minors
Child
Online Protection Act Notification
Infringement
Policy
Modification
Export
Control Information
Miscellaneous
Privacy
Policy Statement
This Agreement sets forth
the terms and conditions which apply to your use
of the Spectrum-MRC.com web site (the "Service")
which are offered to you by Spectrum-MRC ("Spectrum-MRC.com"
). BY USING THIS SITE, YOU AGREE TO THE TERMS
OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED
THE USAGE AGREEMENT. If you do not agree to be
bound by this Agreement, please discontinue your
use of the Service.
1.
Restrictions on Use.
Back
to Top
The Service is a computer
online service. It is accessible to you through
a personal computer, or other access device, at
www.Spectrum-MRC.com using a communications connection
(e.g., modem and telephone line, cable, ADSL or
other online communications method pertaining
to Internet connectivity). As part of our service,
you will be provided with information, editorial
content, chat rooms, links to other Web sites
and other computer services that Spectrum-MRC may
decide to offer, subject to the terms hereof.
Spectrum-MRC may discontinue or alter any aspect
of the Service, including, but not limited to,
(i) restricting the time of availability, (ii)
restricting the availability and/or scope of the
Service for certain platforms (i.e., computer
types and operating systems), (iii) restricting
the amount of use permitted, and (iv) restricting
or terminating any User's right to use the Service,
at Spectrum-MRC's sole discretion and without prior
notice or liability. You are responsible for all
charges (e.g., telephone) associated with connecting
to the Service through an available access number
or connection thereof. You are also responsible
for obtaining or providing all telephone access
lines, telephone and computer equipment (including
modem), or other access device, necessary to access
the Service. You further certify that you are
an individual (e.g., not a corporation). This
Service is owned and operated by Spectrum-MRC and
contains material which is derived in whole or
in part from material supplied and owned by Spectrum-MRC
and other sources, and is protected by copyright,
trademark, and other applicable laws. You may
not modify, copy, reproduce, republish, upload,
post, transmit, publicly display, prepare derivative
works based on, or distribute in any way any material
from this Service including code and software
("Material"). You may download Material
from this Service for your personal, noncommercial
use only, provided you keep intact all copyright
and other proprietary notices. In the event that
you download Material from the Service, such Material
is licensed to you by Spectrum-MRC and Spectrum-MRC
does not transfer title to any such Material to
you.
2.
Membership Rules and Guidelines.
Back
to Top
(a) General.
Spectrum-MRC's Community Forum and Chat Services
(the "Community Areas") and E-mail are
all currently provided to members who register with
Spectrum-MRC. Spectrum-MRC reserves the right to
change the nature of this relationship at any time.
Members who register with Spectrum-MRC must agree
to accept e-mail messages from Spectrum-MRC, and
if you opt in at registration, from prescreened
third parties, as part of the service. The e-mail
messages sent to you by Spectrum-MRC will inform
you of new membership benefits and features, let
you know of problems with the site, or with services
offered by Spectrum-MRC, and to present members
the opportunity to buy products and services that
may be of interest to you. If you opt in at registration,
Spectrum-MRC may also provide your e-mail address,
registration information and other member information
to prescreened third parties. For further information,
please review the terms of Spectrum-MRC's Privacy
Policy. If you choose not to receive e-mail messages
from Spectrum-MRC by removing yourself from our
mailing list, you forfeit all of your Spectrum-MRC
membership benefits, including the right to use
the Community Areas and the Services. Violation
of the terms of this Agreement may result in the
termination your right to use the Community Areas,
the Services, or your Spectrum-MRC membership. Members
under the age of 18 must have parental consent before
joining Spectrum-MRC, and children under the age
of 13 should not register with Spectrum-MRC, post
or otherwise use the Community Areas .
(b) Rules
for Community Areas and Services.
(1)
Conduct
Required for Use of All Services:
It is a condition of your use of the Community
Areas and the Services that you do not: (i) restrict
or inhibit any other user from using and enjoying
the Community Areas and Services; (ii) post or
transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane
or indecent information of any kind, including
without limitation any transmissions constituting
or encouraging conduct that would constitute a
criminal offense, give rise to civil liability
or otherwise violate any local, state, national
or international law; (iii) post or transmit comments
containing harassing or offensive language, including
sexual references, sexual nicknames, racial slurs
or rude or deliberately offensive comments or
engage in disruptive activities online, including
excessive use of scripts, sound waves, scrolling
(repeating the same message over and over), or
use viruses, bots, worms or trojan horses; (iv)
post or transmit any information, software or
other material which violates or infringes the
rights of others, including material which is
an invasion of privacy or publicity rights or
which is protected by copyright, trademark or
other proprietary right, or derivative works with
respect thereto, without first obtaining permission
from the owner or right holder; (v) post or transmit
any information, software or other material which
contains a virus or other harmful component; (vi)
post or transmit content that encourages or provides
instructional activities about illegal activities,
in particular hacking, cracking or phreaking;
(vii) post, transmit or in any way exploit any
information, software or other material for commercial
purposes or which contains advertising; (viii)
solicit other users to join, become members of,
or contribute money to any online service or other
organization, advocate or attempt to get users
to join in legal or illegal schemes or plan or
participate in scams involving other users; (ix)
impersonate any person or entity or falsely state
or otherwise misrepresent your professional or
other affiliation with any person or entity; (x)
resell, redistribute, broadcast or transfer the
information or use the information in a searchable,
machine-readable database; or (xi) use the Service
to collect personally identifying information
about users of the Service in violation of our
Privacy Policy. You agree that you will not use
the Service, including the information provided
therein and all related equipment, networks and
network devices (specifically including Internet
access) for any unlawful purpose. Spectrum-MRC,
at its sole and absolute discretion, shall determine
whether any information transmitted or received
violates this provision.
(2) Monitoring.
You understand that Spectrum-MRC has no obligation
to monitor the Community Areas, or any other
use by members of the Services. However, Spectrum-MRC
reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation
or governmental request, or to refuse to post
or to remove any information or materials, in
whole or in part, that in Spectrum-MRC's sole and
absolute discretion are objectionable or in violation
of this Agreement. You acknowledge that Spectrum-MRC
reserves the right to, and may from time to time,
monitor any and all information transmitted or
received through the Service, for operational
and other purposes. During monitoring, information
may be examined, recorded, copied, and used for
authorized purposes in accordance with our Privacy
Policy. Use of the Service constitutes consent
to such monitoring.
(3) License.
Except as set forth in the Privacy Policy, by
uploading files, inputting data, or engaging in
any other form of communication (a "Communication")
through the Community Areas and the Services
(other than personal E-mails) you are granting
Spectrum-MRC a royalty free, irrevocable, perpetual,
non-exclusive, unrestricted, worldwide license
to (i) use, copy, sublicense, adapt, transmit,
publicly perform or display any such Communication,
and (ii) sublicense to third parties the unrestricted
right to exercise any of the foregoing rights
granted with respect to such Communication. No
Communication shall be subject to any obligation
of confidence on the part of Spectrum-MRC. The
foregoing grants shall include the right to exploit
any proprietary rights in such Communication,
including but not limited to rights under copyright,
trademark, servicemark, or patent laws in any
relevant jurisdiction.
(4) Community
Area and Services Content. Communications
posted in the Community Areas and through the
Services are provided by users such as yourself
who are unaffiliated with Spectrum-MRC, and the
user providing each such Communication is solely
responsible for the content thereof. In using
the Community Areas or receiving e-mail messages
from members through the Services, you should
not assume that such messages have been reviewed
by Spectrum-MRC, that such Communications contain
correct information, or that the persons posting
such Communications have accurately identified
themselves and/or their affiliation with any third
party.
(5) Personal
Safety. When using the Service, please be
certain that anything you say does not compromise
your personal safety. Do not provide your name,
phone number or any other personally identifying
information to people you do not know. Do not
continue any conversation online that makes you
feel uncomfortable.
3. Submissions.
Back
to Top
Spectrum-MRC is pleased to hear from users and
welcomes your comments regarding Spectrum-MRC's
programs and services. Spectrum-MRC's long-standing
company policy does not allow it to accept or
to consider creative ideas, suggestions, or materials
other than those it has specifically requested.
We hope that you will understand that the intent
of this policy is to avoid the possibility of
future misunderstandings when projects developed
by Spectrum-MRC's employees and agents might seem
to be similar to creative works submitted by users.
Accordingly, while we value your feedback, we
must ask that you do not send original creative
materials. If, at our request, you send certain
specific submissions (postings to the Community
Areas, or contests), or without a request from
us you send creative suggestions, ideas, notes
or concepts or other materials, they shall be
deemed, and shall remain, the property of Spectrum-MRC,
and shall otherwise be subject to the provisions
of Section 2(d), above.
4. Financial
Services and Information.
Back
to Top
The Service may provide links to online financial
information, online trading services and other
financial services for your convenience only.
These online trading services are provided by
registered broker dealers and mutual fund companies,
and such broker dealers and mutual fund companies
are solely responsible for any services provided
to you. Spectrum-MRC is not a registered broker
dealer or mutual fund company, and does not endorse
or recommend the services of any particular broker
dealer or mutual fund company.
5. Disclaimer
of Warranties.
Back
to Top
Spectrum-MRC HAS PROVIDED LINKS AND POINTERS TO
INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD
PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE
THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER
Spectrum-MRC OR ITS SUPPLIERS OPERATE OR CONTROL
IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES
ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS
SERVICE AND THE THIRD PARTY SITES ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
Spectrum-MRC DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. Spectrum-MRC DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SERVICE, INCLUDING THE COMMUNITY AREAS,
OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. Spectrum-MRC
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS
OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY
OR OTHERWISE. You assume all risk of errors and/or
omissions in the Service, including the transmission
or translation of information. You assume full
responsibility for implementing sufficient procedures
and checks to satisfy your requirements for the
accuracy and suitability of the Service, including
the information, and for maintaining any means
which you may require for the reconstruction of
lost data or subsequent manipulations or analyses
of the information provided hereunder. YOU ASSUME
THE ENTIRE COST OF ALL NECESSARY MAINTENANCE,
REPAIR OR CORRECTION.
6.
Limitation of Liability.
Back
to Top
IN NO EVENT SHALL Spectrum-MRC, OR ITS AFFILIATES
OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OF THIS SERVICE OR WITH THE DELAY
OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH
THIS SERVICE, OR OTHERWISE ARISING OUT OF THE
USE OF THIS SERVICE, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF Spectrum-MRC
OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES
OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE
THAT Spectrum-MRC, ITS AFFILIATES OR SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
7. Indemnification.
Back
to Top
You agree to defend, indemnify and hold harmless
Spectrum-MRC, its affiliates and their respective
directors, officers, employees and agents from
and against any and all claims, actions, suits
or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or accruing
from (a) any material posted or otherwise provided
by you that infringes any copyright, trademark,
trade secret, trade dress, patent or other intellectual
property right of any person or defames any person
or violates their rights of publicity or privacy,
(b) any misrepresentation made by you in connection
with your use of the Service; (c) any noncompliance
by you with the terms and conditions of this Agreement;
and (d) claims brought by persons or entities
other than the parties to this Usage Agreement
arising from or related to your access and use
of the Service, including the information obtained
through the Service.
8. Termination.
Back
to Top
This Agreement and the license rights granted
hereunder shall remain in full force and effect
unless terminated, suspended, or canceled for
any of the following reasons: (a) immediately
upon receipt of written notice by Spectrum-MRC
of its intent to terminate this Agreement, (b)
upon thirty (30) days written notice by you to
Spectrum-MRC that you wish to terminate this Agreement;
(c) immediately by Spectrum-MRC for any unauthorized
access or use by you, including, without limitation
(i) concurrent access of the Service with identical
user identification numbers, (ii) permitting another
person or entity to use your user identification
number to access the Service, or (iii) any other
access or use of the Service except as expressly
provided in this Agreement; or (d) immediately,
if you violate the terms and conditions of this
Agreement or the rules and regulations relating
to the use of, or tamper with or alter any of
the software and/or data files contained in, or
accessed through, the Service. Termination, suspension,
or cancellation of this Agreement or your access
rights shall not affect any right or relief to
which Spectrum-MRC may be entitled, at law or in
equity. Upon termination of this Agreement, all
rights granted to you will terminate and revert
to Spectrum-MRC and its licensors.
9. Trademarks.
Back
to Top
Spectrum-MRC and the Spectrum-MRC logo are trademarks
of Spectrum-MRC and all other trademarks, service
marks and trade names used on the Service are
the property of their respective owners, and all
of the above trademarks may not be copied, downloaded
or otherwise exploited without the permission
of Spectrum-MRC or the owner of such trademark,
servicemark or trade name.
10.
Minors.
Back
to Top
If you have agreed to allow your minor child,
or a child for whom you are legal guardian (a
"Minor"), to register as a member of
the Service, you agree that you shall be solely
responsible for: (a) the online conduct of such
Minor; (b) monitoring such Minor's access to and
use of the Service; and (c) the consequences of
any use of the Service by such Minor.
11.
Child Online Protection Act Notification.
Back
to Top
Pursuant to 47 U.S.C. Section 230(d) as amended,
Spectrum-MRC hereby notifies you that parental
control protections (such as computer hardware,
software, or filtering services) are commercially
available that may assist you in limiting access
to material that is harmful to minors. Information
identifying current providers of such protections
is available at the Electronic Frontier Foundation
website, http://www.eff.org/pub/Censorship/Ratings_filters_labeling/.
12.
Infringement Policy.
Back
to Top
Spectrum-MRC, pursuant to 17 U.S.C. Section 512
as amended by Title II of the Digital Millennium
Copyright Act (the "Act"), reserves
the right, but not the obligation, to terminate
your license to use the Service if it determines
in its sole and absolute discretion that you are
involved in infringing activity, including alleged
acts of first-time or repeat infringement, regardless
of whether the material or activity is ultimately
determined to be infringing. Spectrum-MRC accommodates
and do not interfere with standard technical measures
used by copyright owners to protect their materials.
In addition, any written
notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark
or other proprietary right, should be sent to
our designated agent, listed above, and must include
the following information:
A. A physical or electronic
signature of a person authorized to act on behalf
of (1) the owner of an exclusive right that is
allegedly infringed or (2) the person defamed.
B. Identification of the
copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single
online site are covered by a single notification,
a representative list of such works at that site.
Similarly for other types of infringing materials,
a list of such materials.
C. Identification of the
material that is claimed to be infringing, to
be the subject of infringing activity, or that
is claimed to be defamatory and that is to be
removed or access to which is to be disabled,
and information reasonably sufficient to permit
us to locate the material.
D. Information reasonably
sufficient to permit us to contact you, such as
your address, telephone number, and/or electronic
mail address.
E. A statement that you have
a good faith belief that use of the material in
the manner complained of is not authorized by
the copyright or other proprietary right owner,
its agent, or the law.
F. A statement that the information
in the notification is accurate, and under penalty
of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that
is allegedly infringed or on behalf of the person
defamed.
13. Modification.
Back
to Top
Spectrum-MRC reserves the right to amend this Agreement,
and to modify, add or discontinue any aspect,
content, or feature of the Service. Such amendments,
modifications, additions or deletions shall become
effective upon notice thereof, which may be provided
to you by posting on the Service, via e-mail or
any other reasonable means. Continued use of the
Service by you shall be deemed to indicate your
acceptance of any such amendments, modifications,
additions or deletions.
14.
Export Control Information.
Back
to Top
Unless otherwise specified, the materials on this
Service are presented solely to provide information
regarding and to promote Spectrum-MRC's Services
and other products available in the United States,
its territories, possessions and protectorates.
This Service is controlled and operated by Spectrum-MRC
from its offices within the state of Texas, United
States of America. Spectrum-MRC makes no representation
that materials on this Service are appropriate
or available for use outside the United States.
Those who choose to access this Service from outside
the United States do so on their own initiative
and are responsible for compliance with local
laws, if and to the extent that local laws are
applicable. Software from this Service is further
subject to United States export controls. No software
from this Service may be downloaded or otherwise
exported or re-exported (A) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the
U.S. has embargoed goods, or (B) to anyone on
the US Treasury Department list of Specially Designated
Nationals or the US Commerce Department's Table
of Deny Orders. By using the Service, you represent
and warrant that you are not located in, under
the control of, or a national or resident of any
such country or on any such list.
15.
Miscellaneous.
Back
to Top
This agreement shall be governed by and construed
in accordance with the laws of the State of Texas
without giving effect to any principles of conflicts
of law. You may not assign any of your rights,
obligations or privileges hereunder without the
prior written consent of Spectrum-MRC. Any dispute
arising from the terms of this agreement or a
breach of this agreement will be governed the
laws of Texas. By using the Service, you agree
to the personal jurisdiction by the state and
federal courts sitting in the State of Texas.
This agreement constitutes the entire agreement
between the parties with respect to the subject
matter contained herein and supersedes all previous
and contemporaneous agreements, proposals and
communications, written or oral, between Spectrum-MRC
representatives and you. Any assignment other
than as provided for in this Section shall be
null and void, ab initio. If any provision of
this agreement shall be unlawful, void, or for
any reason unenforceable, then that provision
shall be deemed severable from this agreement
and shall not affect the validity and enforceability
of any remaining provisions. This Agreement and
any posted operating rules constitute the entire
agreement of the parties with respect to the subject
matter hereof, and supersede all prior or contemporaneous
communications and proposals, whether oral or
written, between the parties with respect to such
subject matter. No waiver by either party of any
breach or default hereunder shall be deemed a
waiver of any subsequent breach or default. The
titles and subtitles used in this Agreement are
used for convenience only and are not to be considered
in construing or interpreting this Agreement.
16.
Privacy Policy Statement.
Back
to Top
This is the web site
of Spectrum-MRC.com.
We can be reached via e-mail at webmaster@spectrum-mrc.com
- For each visitor to our
Web page, our Web server automatically recognizes
only the consumer's domain name, but not the
e-mail address (where possible).
- We collect only the domain
name, but not the e-mail address of visitors
to our Web page, the e-mail addresses of those
who communicate with us via e-mail, user-specific
information on what pages consumers access or
visit, information volunteered by the consumer,
such as survey information and/or site registrations.
- The information we collect
is used for internal review and is then discarded,
used to improve the content of our Web page,
not shared with other organizations for commercial
purposes.
- With respect to cookies:
We do not set any cookies.
- From time to time, we
make the e-mail addresses of those who access
our site available to other reputable organizations
whose products or services we think you might
find interesting. If you do not want us to share
your e-mail address with other companies or
organizations, please let us know by sending
us e-mail at the above address.
- From time to time, we
make our customer e-mail list available
to other reputable organizations whose products
or services we think you might find interesting.
If you do not want us to share your e-mail address
with other companies or organizations, please
let us know by sending us e-mail at the above
address.
- If you supply us with
your postal address on-line you will only receive
the information for which you provided us your
address.
Copyright ©
Spectrum-MRC and its content providers. All rights
reserved.
|