TERMS AND CONDITIONS
Introduction
You are governed by the following Terms and Conditions when you use spectrohealth.com. Your utilization of this website and its Content (as defined below) implies your acceptance of these Terms and Conditions. If you disagree with these Terms and Conditions, please discontinue your use of this website and its Content immediately.
This website provides information and content owned or licensed by The Spectro Health. For the purposes of these Terms and Conditions, "we" and "our" refer to Spectro Health, and "you" and "your" encompass any individual, company, or legal entity accessing or using this website.
By using our website, you signify your agreement with these Terms. Please review them carefully.
We reserve the right to modify these Terms at any time by posting the revised Terms on the website. Any such modifications will take effect immediately upon posting. Your continued use or access to the website after such modifications are posted will indicate your acceptance of the changes and your agreement to abide by them. However, any modifications to these Terms will not apply to any disputes between us that arose before the date of posting the revised Terms with such changes.
Information on the website is provided "AS IS" without any warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion might not apply to you. The information on this website is for informational purposes only, and we make no warranty that it is error-free. Please note that once you leave or arrive at a website from another location, using a link we provided or specifying your own destination, Spectro Health is not responsible for the content, products, and services at these non-Spectro Health locations. Spectro Health neither controls, endorses, nor promotes with any other website or software website unless explicitly stated.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Spectro Health BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE OR SOFTWARE WEBSITE (INCLUDING MOBILE WEBSITE). THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR ANY OTHER DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Warranty Disclaimer
While we aim to provide accurate and up-to-date material on this website, we make no warranties or representations regarding the accuracy or timeliness of the Content. Your use of this website and Content is at your own risk. Content may become inaccurate due to developments after its publication on this website. Spectro Health does not assume responsibility for maintaining the Content's currency or correcting inaccuracies or errors in the Content. The Content on this website is provided "as is" and for informational purposes only. Spectro Health disclaims all representations and warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Some jurisdictions may not permit certain disclaimers of warranties. In such cases, we disclaim warranties to the fullest extent permitted by applicable law.
Ownership and Use of Content
All information and content on this website, including but not limited to text, analyses, reports, articles, graphics, software website, video and audio files, photos, trademarks, service marks, and trade dress ("Content"), are owned or licensed by Spectro Health. Content is protected by applicable intellectual property laws worldwide. You may make and use printouts of the Content for your personal, non-commercial use, provided they retain all copyright, trademark, and other proprietary notices. Spectro Health reserves the right to terminate your right to make personal copies of Content at any time.
You may not copy, transmit, distribute, modify, publicly perform, reuse, sell, or display any of the Content for any public or commercial purpose without the prior written consent of Spectro Health or the owners of the materials, which may be granted at their sole discretion.
Regarding this website, its Content, data, information, and other materials contained or referenced herein, you may not:
- Use the Content on another website or in a network computer environment, including framing the Content within another website.
- Use robots, spiders, scripts, services, software, or any manual or automatic device or tool designed for data mining or scraping the Content, data, or information from the Services. You may not use automated means to access or collect the Content, data, or information on this website.
- Use the Content to develop any software program, including but not limited to training machine learning or artificial intelligence (AI) systems.
- Use services, software, or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure controlling access to the Content, data, or information on this website. This includes overriding any security feature or bypassing or circumventing any access controls or use limits in these Terms and Conditions.
- Cache or archive the Content, except for a public search engine's use of spiders for creating search indices.
- Engage in any activity that places an unreasonable or disproportionately large load on our network or infrastructure.
- Take actions that could disable, damage, or change the functioning or appearance of the Services, including the presentation of advertising.
Participating in any of these prohibited uses may lead to civil, criminal, and/or administrative penalties, fines, or sanctions against you or those assisting you. All rights in the Content are reserved, except for the limited use rights expressly granted in this paragraph.
Indemnity
The User agrees to (a) defend Spectro Health, its employees, contractors, officers, directors, and representatives against third-party actions or lawsuits stemming from transactions with Spectro Health or another User, the User's use of the Service, or the User's breach of representations, warranties, or commitments within this Agreement, and (b) indemnify Spectro Health for settlement amounts, damages, liabilities, expenses, and costs (including reasonable legal fees) awarded and arising from such a claim. Spectro Health retains the right to take on the exclusive defense and control of any matter subject to indemnification by the User, and the User must cooperate with Spectro Health in asserting any available defenses.
Policy on Information Acceptance
Receipt of an electronic or alternative confirmation of an order request does not constitute acceptance of your application, nor does it confirm an offer to provide you with any service or product. Spectro Health reserves the right, at any time after receiving your information via the form, to accept or reject your request, without providing a reason. Please note that Spectro Health is not responsible for unfulfilled requests or unsuccessful applications due to the applicant's ineligibility to qualify for the service opportunity.
SMS Terms
When you supply your mobile telephone number and check the designated box while submitting your form on spectrohealth.com, you are expressly authorizing the receipt of both non-marketing and marketing text messages from Spectro Health. This encompasses text messages sent using an autodialer to the mobile telephone number(s) you provided on your form. You retain the ability to opt out of these communications at any time, and please be aware that agreeing to receive marketing text messages is not obligatory to access our website. This consent remains in effect even if your telephone number is registered on state, federal, or corporate Do Not Call lists.
Subscribers to our SMS service can expect to receive no more than 1 SMS per day from us. The service is compatible with multiple carriers, including AT&T®, Sprint®, Boost®, Verizon Wireless®, U.S. Cellular®, Cellular One®, and T-Mobile®, MetroPCS®. Standard message and data rates may apply. Our SMS content is designed to provide benefits and resources relevant to individual subscribers. If you wish to discontinue these communications, you can simply reply with STOP to any message you receive from us. For assistance, subscribers can send HELP in response to any message from us or request support through email at [email protected] or by calling (866) 748-6457. It's important to note that T-Mobile® is not responsible for any message delays or undelivered messages.
Restrictions
Access to the Site necessitates that you are of a minimum age of 18. Your undertaking to abstain from the use of this Site or any materials within it for any activities that are illegal or inappropriate is essential.
Third-Party Resources
The website may contain links to, or otherwise provide access to, third-party sites, services, products, information, content, materials, merchandise, functionality, and other resources ("Third-Party Resources"). These Third-Party Resources and links are provided for your convenience and reference. We do not control these Third-Party Resources and, therefore, are not responsible for them or the content posted on or provided by these Third-Party Resources. We make no guarantees, express or implied, about these Third-Party Resources, including the security of materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a specific purpose of the information or resources available through these Third-Party Resources or other Internet sites. We reserve the right to terminate links or access to these resources at any time. Offering links or access to these resources should not be construed as an endorsement, authorization, or sponsorship of these Third-Party Resources or their content.
Because some Third-Party Resources employ automated search results or link to Third-Party Resources containing potentially inappropriate or offensive information, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of materials contained in or provided by Third-Party Resources. You hereby waive any claims against us with respect to these Third-Party Resources. Your use of any Third-Party Resources is subject to the terms, conditions, and policies of those providers, including Terms of Service and Privacy Policies. We are not responsible for the privacy and security of any information you share with these third parties, including your credit card or payment information. When you use these services from a third party, you agree to hold that third party responsible for any unauthorized use or disclosure of your personal information.
Termination
Spectro Health may suspend or terminate your use or access to the website if you fail to comply with these Terms. Such suspension or termination may result in the permanent deletion of your information or other previously available content.
Changes
Spectro Health reserves the right to change the Content on this website and these Terms and Conditions from time to time without prior notice. Changes may include the replacement of terms and conditions or specific notices. It is your responsibility to review these Terms and Conditions periodically to stay informed of any modifications. Your continued use of this website implies your acceptance of any change or update, which will become effective when posted.
Privacy
You may review Spectro Health's Internet Privacy Statement atPrivacy Policy.
Security Measures
Spectro Health utilizes advanced technology to protect your personal information. Although Spectro Health has taken reasonable measures to secure the data you send to the Site, it cannot provide an absolute guarantee against potential interception or decryption by third parties. Spectro Health explicitly disclaims any responsibility for the possible interception or decryption of such information.
Integration and Severability
The Terms and Conditions (including the Policies) constitute the entire agreement between User and Spectro Health regarding access, use, and operation of the Service, superseding all prior communications and proposals. If any provision of the Terms and Conditions is found unenforceable or invalid, it will be adjusted or removed to the minimum extent required for the Terms and Conditions to remain in full force and effect.
Governing Law
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the United States, without giving effect to conflict of law principles.
United States Only
The services, products, and information provided through this website are specifically intended for individuals within the United States. They are not designed for distribution or use in any other country or jurisdiction where such actions would contradict local laws or regulations, or necessitate any registration by Spectro Health within that jurisdiction or country. Individuals outside the United States who access this website do so voluntarily and are responsible for ensuring compliance with their local laws and regulations.
Please be aware that software and other materials available on this website may be subject to export controls mandated by the United States, and as such, they should not be downloaded or exported to any country or individual prohibited by applicable law. Spectro Health strictly prohibits the downloading or exporting of software or materials from this website in violation of both U.S. Export Laws and the laws of your respective country of residence. By downloading such materials from this website, you affirm and guarantee that you are fully able to do so in complete accordance with the laws of the United States and your country of residence.
Arbitration Agreement
Both parties, you and us, mutually agree that any disputes or claims arising from your use of our Services, access to our Services, or any products or services obtained, offered, or sold through our Services, including any interaction with our subsidiaries or agents, shall be exclusively resolved through final and binding arbitration between you and us or between you and our subsidiaries or agents. This arbitration takes precedence over court proceedings, except in the case of claims that qualify for small claims court. The Federal Arbitration Act governs the interpretation and implementation of this section, referred to as the "Agreement to Arbitrate."
Prohibition of Class and Representative Actions and Non-Individualized Relief
Both parties, you and us, agree that any claims brought against the other shall be done solely on an individual basis and not as a plaintiff or class member in any purported class or representative action or legal proceeding. This applies to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., and other similar actions. In the absence of mutual agreement, the arbitrator cannot consolidate or merge claims from multiple individuals or parties, or preside over any combined, representative, or class proceeding. The arbitrator is authorized to grant relief, be it monetary, injunctive, or declaratory, exclusively in favor of the individual party seeking such relief. The relief provided is limited to what is necessary to address the particular claim(s) of that individual party and does not impact other users of our Services.
Added Points
These Terms and Conditions are legally binding for the parties involved, as well as their successors and authorized assigns. In cases where any provision within these Terms and Conditions is found to be invalid or unenforceable, it will be adjusted or removed to the minimal extent necessary, while the remaining provisions will continue to be fully effective. These Terms and Conditions constitute the all-encompassing agreement between the parties, supplanting any prior agreements, commitments, or established practices. We retain the right to terminate these Terms and Conditions and/or your access to the Site, either in part or in full, at any time, with or without prior notice. The waiver of any right under these Terms and Conditions by either party does not constitute a waiver of this or any other right.