Spectra-Medics Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By using this site you signify your acceptance of these terms of use. If you do not agree to these terms of use please do not use the site. We reserve the right, to change, modify, add, or remove portions of these terms at any time. Please check these terms regularly to ensure that you are aware of any changes. Your continued use of Spectra-Medics following the posting of changes to these terms (including the Spectra-Medics Privacy Policy) will mean you accept any changes made to the site.

Copyright - Restrictions on use of Materials

This site is operated by Spectra-Medics, collectively referred to as "Spectra-Medics," "we," "us," or "our" herein. No material from Spectra-Medics or any website owned, operated, licensed, or controlled by Spectra-Medics may be copied, reproduced, republished, uploaded, reposted, transmitted, or distributed in any way. You may however, download one copy of the materials on any single computer for your personal use only. All copyright and other proprietary notices must be kept intact. Modification of the materials or use of the materials for any other purpose is a violation of Spectra-Medics' copyright and other proprietary rights. The use of such material on any other website or networked computer environment is prohibited. All trademarks, service marks, and trade names are proprietary to Spectra-Medics.

If you download software from the site, all software, including any files, images incorporated into or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Spectra-Medics. Spectra-Medics does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Spectra-Medics retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

Submissions

Spectra-Medics is pleased to hear from its loyal members and welcomes your comments regarding Spectra-Medics and Spectra-Medics' products. Unfortunately Spectra-Medics' company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Spectra-Medics's professional staff might seem to others to be similar to their own creative work.

While we do value your feedback on our services and products we request that you be specific in your comments about those services and products.

If at our request you send certain specific submissions (eg, postings to chat areas, bulletin boards, or contests) or, despite our request you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Spectra-Medics. None of the Submissions shall be subject to any obligation of confidence on the part of Spectra-Medics. Spectra-Medics shall not be liable for any use or disclosure of any Submissions.

Without limitation of the foregoing, Spectra-Medics shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Forum and Public Communications

"Forum" means a chat area, bulletin board, or email function offered as part of Spectra-Medics. You shall not upload to, distribute through, or otherwise publish through Spectra-Medics any content which is libellous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise give rise to liability, or violates any law.

The Forums shall be used only in a non-commercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Spectra-Medics members or guests to join or become members of any commercial online service or other organisation is expressly prohibited.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a guest's email unless required in the course of normal maintenance of Spectra-Medics and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Spectra-Medics; (2) protect and defend the rights or property of Spectra-Medics; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Content Linked to Spectra-Medics

Spectra-Medics encourages you to exercise discretion while browsing the Internet using this service. Spectra-Medics is not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in our search results or otherwise linked to the Spectra-Medics site.

Jurisdictional Issues

This site is controlled and operated by Spectra-Medics from its offices within the State of New South Wales, Australia. Spectra-Medics makes no representation that materials on the site are appropriate or available for use in other locations unless specifically stated. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all Spectra-Medics site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms of service or otherwise. These terms will terminate immediately without notice from Spectra-Medics if in Spectra-Medics's sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and any and all other Spectra-Medics site(s) and all copies thereof, whether made under the terms of these terms or otherwise.

Disclaimer

The materials in this site are provided "as is" and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, Spectra-Medics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Spectra-Medics does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Spectra-Medics does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Spectra-Medics) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Spectra-Medics be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Spectra-Medics or a Spectra-Medics authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Spectra-Medics's total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing this site.

Other

These terms shall be governed by and construed in accordance with the laws of the State of New South Wales, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New South Wales and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Contact Details

Australia/New Zealand

North America