Updated: January 5th, 2018
Visitor (“You”, “Your”, or “Customer”) access to and use of the Site and the App is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site or the App.
ANY PARTICIPATION IN THIS SITE OR APP WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT USE THIS SITE OR APP.
Description of Services
The services provided by SpectreTechnology, LLC consist of a mobile application (“BuyFind app”) that provides a secure searching mechanism to locate potential products and services for users. This is made available to user either for free on a limited basis or at cost on an unlimited basis via BuyFind+ (the “Services”).
Access to Services
The Services, together with the Site, the App and domain name and any other linked pages, features, content, or application services offered from time to time by SpectreTechnology, LLC are owned and operated by SpectreTechnology, LLC. Subject to the terms and conditions of this Agreement, SpectreTechnology, LLC hereby grants you a non-exclusive license, with no right to sublicense, to copy and install certain SpectreTechnology, LLC code on a website you own, control or operate, for the sole purpose of using the Service in connection with such websites. SpectreTechnology, LLC may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or other content (as defined below). SpectreTechnology, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
SpectreTechnology, LLC reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email, in-app notification, push notification or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Site and the App following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to SpectreTechnology, LLC that: (i) you are of legal age to form a binding contract, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access either the Site or the App and take full responsibility for the selection and use of and access to the Site or the App. This Agreement is void where prohibited by law, and the right to access the Site or the App is revoked in such jurisdictions.
SpectreTechnology, LLC Content
The Site, the App, the Service, and their contents may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Site, the App or in the Service, including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “SpectreTechnology, LLC Content,”) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any SpectreTechnology, LLC Content accessed through the Site, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any SpectreTechnology, LLC Content or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the SpectreTechnology, LLC Content (and other items displayed on the Site, the App or Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such SpectreTechnology, LLC Content. You shall not store any significant portion of any SpectreTechnology, LLC Content in any form. Copying or storing of any SpectreTechnology, LLC Content other than personal, noncommercial use is expressly prohibited without prior written permission from SpectreTechnology, LLC or from the copyright holder identified in such SpectreTechnology, LLC Content’s copyright notice. If you link to the Website, SpectreTechnology, LLC may revoke your right to so link at any time, at SpectreTechnology, LLC’s sole discretion.
In the course of using the Site or the App, you may provide information which may be used by SpectreTechnology, LLC in connection with the Site or the App. You understand that by providing content, materials or information (including without limitation information relating to your end user customers) to SpectreTechnology, LLC or in connection with the Site or the App (collectively, “Your Content”), SpectreTechnology, LLC hereby is and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with SpectreTechnology, LLC’s provision of the Site and the App. For clarity, the foregoing license grant to SpectreTechnology, LLC does not affect your ownership of or right to grant additional licenses to the material in Your Content.
You also acknowledge and agree that SpectreTechnology, LLC may use Your Content internally for improving the Site and the App, and on an anonymized and aggregate basis for the purposes of marketing and improving the Site.
Payment & Fees
SpectreTechnology, LLC reserves the right to require payment of fees for certain or all functionalities of the Service. You shall pay all applicable fees, as described on the Site and the App in connection with such functionalities selected by you. SpectreTechnology, LLC reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email, in-app notification, push notification or posted on the Site and the App. Your use of the Site and the App following such notification constitutes your acceptance of any new or increased charges. All fees paid are refundable.
This Agreement shall remain in full force and effect while you use the Site and the App. You may terminate your use of the Site or the App at any time. SpectreTechnology, LLC may terminate or suspend your access to the Site or the App at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. SpectreTechnology, LLC may also terminate or suspend any and all Services and access to the Site or the App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Site or the App, access the Site or the App, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Visiting the Site, downloading the App, using the App, sending emails to SpectreTechnology, LLC, firstname.lastname@example.org or using Third Party applications, constitutes electronic communications. By using the Site or the App, you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically via email, on the Site and on the App, satisfy any legal requirement that such communications be in writing.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images as well as the compilation thereof, and any software used on the Site and the App, is the property of SpectreTechnology, LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sales, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or the App. SpectreTechnology, LLC content is not for resale. Your use of the Site or the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree to use protected content solely for your personal use, and will make no other use of the content without the express written permission of SpectreTechnology, LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied to the intellectual property of SpectreTechnology, LLC or our licensors except as expressly authorized by these Terms.
The Site is controlled, operated and administered by SpectreTechnology, LLC from our offices within the United States. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not access the Site or the App, in any country, or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless SpectreTechnology, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, the App, or services, any user postings made by you, your violation of any terms of the Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations SpectreTechnology, LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnifications by you, in which event you will fully cooperate with SpectreTechnology, LLC in asserting any available defenses.
THIRD PARTY WEBSITES
The Site may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by SpectreTechnology, LLC. When you access Third Party Websites, you do so at your own risk.
You are responsible for all of your activity in connection with the Site or the App. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Site or the App. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Site or the App. Use of the Site or the App to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Site or the App, or any processes that run or are activated while you are not logged on to the Site or the App, or that otherwise interfere with the proper working of or place an unreasonable load on the Site’s or App’s infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Site or the App is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Site the App. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Site or the App.
You acknowledge that all SpectreTechnology, LLC Content and Your Content (together, “Content”) accessed by you using the Site or the App is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will SpectreTechnology, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, including without limitation reports generated by the Site or the App, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Site or the App. You, not SpectreTechnology, LLC, remain solely responsible for all Content, including messages, that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site or the App.
You acknowledge that SpectreTechnology, LLC has no control over, and no duty to take any action regarding: which users gain access to the Site or the App; what Content you access via the Site or the App; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SpectreTechnology, LLC from all liability for you having acquired or not acquired Content through the Site or the App. The Site or the App may contain, or direct you to websites or applications containing information that some people may find offensive or inappropriate. SpectreTechnology, LLC makes no representations concerning any content contained in or accessed through the Site or the App, and SpectreTechnology, LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the App. SpectreTechnology, LLC makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Site the App. THE SITE AND THE APP CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE OR THE APP WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPECTRETECHNOLOGY, LLC OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with SpectreTechnology, LLC’s prior written consent. SpectreTechnology, LLC may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind SpectreTechnology, LLC in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Arbitration; Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Metropolitan District of New York City. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND SPECTRETECHNOLOGY, LLC ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Changes to Terms
SpectreTechnology, LLC reserves the right, in its sole discretion, to change the Terms under which usage of the Site and the App is offered. The most current version of the Terms will supersede all previous versions. SpectreTechnology, LLC encourages you to periodically review the Terms to stay informed of updates.
If you have any questions, complaints, or claims with respect to the Site or the App, you may contact us at
Legal Team | email@example.com