By accessing the Spectrotel Web Site, you confirm your agreement to and acceptance of these Terms of Use. The term Spectrotel includes all of the parents, subsidiaries and affiliates of Spectrotel, Inc., as well as their successors and assigns.

Limitation on Liability

You assume all responsibility and risk for the use of the Spectrotel Web Site and the Internet generally. In no event shall Spectrotel be liable for any direct, special, indirect, consequential, exemplary or punitive damages or any damages whatsoever, including, but not limited to, loss of use, data or profits (even if Spectrotel has been advised of the possibility of such damages), without regard to the form of any action, including, but not limited to, contract, negligence or other tortuous actions, arising out of or in connection with (i) your use of or your inability to use the Spectrotel Web Site, (ii) your use, copying or display of the content of the Spectrotel Web Site, (iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Spectrotel Web Site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Spectrotel Web Site; (vi) any other matter relating to the Spectrotel Web Site or (vii) your use of the Internet generally, under contract, tort or any other cause of action or legal theory. Spectrotel’s liability in conjunction with your use of the Spectrotel Web Site and the content thereof shall be limited to the greatest extent permitted by law.

Disclaimer of Warranties

Although Spectrotel believes the content of its Web Site to be accurate, complete and current, Spectrotel nonetheless makes no warranties as to the accuracy, completeness or currency of the content of the Spectrotel Web Site. It is your responsibility to evaluate the accuracy, completeness and currency of the information you obtain from the Spectrotel Web Site and to verify such information before relying on it.

Access to the Spectrotel Web Site and the content provided thereon is provided on an as is and as available basis. Spectrotel disclaims all warranties, representations or endorsements, express or implied, with regard to the Spectrotel Web Site, the content thereon and the Internet generally, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the generality of the above, Spectrotel makes no warranty that (i) the Spectrotel Web Site will meet your requirements, (ii) the Spectrotel Web Site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use the Spectrotel Web Site will be accurate or reliable, (iv) of the quality of any products, services, information, or other material purchased or obtained by you through the Spectrotel Web Site.

Any material downloaded, uploaded or otherwise obtained through the use of the Spectrotel Web Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or business or loss of data that results from the download or upload of any such material or the use of the Spectrotel Web Site.

Disclaimer of Endorsements

Reference on the Spectrotel Web Site to products, services or processes of or hypertext links to third parties or to any other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by or affiliation with Spectrotel.

Trademarks

The names and logos of Spectrotel and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Spectrotel and may not be used in any manner without the prior written consent of Spectrotel. All other product and service marks referenced on the Spectrotel Web Site are trademarks of their respective third party owners.

The contents of the Spectrotel Web Site are the copyrighted work of Spectrotel. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials available on the Spectrotel Web Site. Nothing on the Spectrotel Web Site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Spectrotel or any third party by virtue of it being displayed or made accessible on the Spectrotel Web Site.

Limitations on Use

Spectrotel grants to you a limited, non-exclusive, non-transferable, revocable license to use the Spectrotel Web Site for its intended purposes only. You may not sell, resell, or otherwise use or commercially exploit the Spectrotel Web Site other than by using it for its intended purposes. Systematic retrieval of data or other content from the Spectrotel Web Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Spectrotel is prohibited.

Consent to Monitoring and Disclosure

Spectrotel is under no obligation to monitor the information residing on or transmitted to the Spectrotel Web Site. By accessing the Spectrotel Web Site, however, you agree that Spectrotel may (i) monitor the site to comply with any applicable laws, regulations or governmental requests, and (ii) operate the Spectrotel Web Site in such manner as Spectrotel deems proper or deems necessary to protect against conduct it deems inappropriate, each in Spectrotel sole discretion.

Security

You agree to comply with any security processes and procedures, e.g. passwords, specified by Spectrotel with respect to access to or use of the Spectrotel Web Site. Further, you agree not to access or attempt to access any areas of or through the Spectrotel Web Site which are not intended for general public access, unless you have been provided with express written authorization to do so by Spectrotel.

Changes and Other Terms

At any time and from time to time, Spectrotel my make changes to the content of the Spectrotel Web Site, including, but not limited to, the products and services described thereon. Spectrotel may modify these Terms of use at any time and from time to time, and such modifications shall be effective immediately upon their posting on the Spectrotel Web Site. Your continued use of the Spectrotel Web Site following such modifications will confirm your agreement to and acceptance of the modified Terms of Use. Certain areas of the Spectrotel Web Site may be subject to additional or different terms of use as specified by Spectrotel from time to time.

Failure to Comply

Spectrotel has the right to terminate or restrict your access to the Spectrotel Web Site, unilaterally and without notice, and Spectrotel also reserves the right to pursue any and all remedies at law or equity in connection with any violation of these in the event that you violate any of these Terms of Use..

Information Provided by You

Unsolicited information provided by you that does not contain personal, individually identifiable information, including but not limited to unsolicited feedback, data, questions, comments, suggestions or the like shall be deemed non-confidential and Spectrotel shall be free to reproduce, use, disclose and distribute the information to others without limitation.

Indemnification

You agree to indemnify, defend and hold harmless Spectrotel, its officers, directors, employees, agents, licensors and suppliers from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or connection to the Spectrotel Web Site, your violation of these Terms of Use or your violation of the rights of third parties. These obligations will survive any termination of your relationship with Spectrotel or your use of our Site. Spectrotel reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Spectrotel in asserting any available defenses.