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Submitted URL: https://sccihelpcenter.spectruminc.com/
Effective URL: https://login.spectruminc.com/?ReturnUrl=%2Fconnect%2Fauthorize%2Fcallback%3Fclient_id%3Dhelp.predictivesalesai.com%26redirect...
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TERMS OF SERVICE


TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement (the "Agreement") is an agreement between you
(the "Customer") and Spectrum Communications & Consulting, Inc. ("Spectrum",
"we", or "us"). Spectrum is providing a website platform and website content
management software as a service system. The Spectrum website SaaS system
contains proprietary software code and intellectual property software tools to
enable you the customer to have a unique competitive advantage in the market.


1. WHAT YOU PROVIDE TO US

You are legally responsible for all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials uploaded,
posted or stored in connection with your use of the Services (“Content”).
Spectrum is not responsible for your Content. You hereby grant Spectrum a
worldwide, royalty-free, non-exclusive license to host and use the Content in
order to provide you with the Services and hereby represent and warrant that you
have all the rights necessary to grant us such license. You are responsible for
any Content that may be lost or unrecoverable through your use of the Services.
You are encouraged to archive your Content regularly and frequently.


2. YOUR CONTENT AND INTELLECTUAL PROPERTY

Customer owns their Domain name /s, all text, legally obtained images and video
provided by you. All third party blog posts, all reviews. All Customer
trademarks and service marks, logos, slogans and taglines are the property of
Customer.


3. OUR SOFTWARE AND INTELLECTUAL PROPERTY

All software, design of and "look and feel," layout, third party photographs,
graphics, audio, video, are owned by us or other parties that have licensed
their material or provided services to us, and are protected by copyright,
trademark, trade secret and other intellectual property laws. If the agreement
is terminated, customer will originate back to their existing website. You are
responsible for maintaining a backup copy of your original site files. All
Spectrum trademarks and service marks, logos, slogans and taglines are the
property of Spectrum. All other trademarks, service marks, logos, slogans and
taglines are the property of their respective owners. Except as otherwise
specifically provided herein, nothing should be construed as granting any
license or right to written permission, or the express written permission of
such third-party that may own the trademark, service marks, logos, slogans or
taglines displayed on Spectrum without our express ice mark, logo, slogan or
tagline.


4. RIGHTS TO USE OUR SOFTWARE AND INTELLECTUAL PROPERTY

Subject to this Agreement, Spectrum hereby grants you a limited, revocable,
non-transferable and non-exclusive license to use the Materials through a
Customer identification reference provided by Spectrum (“Customer ID”) to the
extent, and only to the extent, necessary to access and use the Services in
accordance with the terms of this Agreement. This license does not permit you,
and you agree not to: store, copy, reproduce, republish, modify, upload, post,
translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit,
display, decompile, reverse engineer, reverse assemble, decipher or otherwise
attempt to discover any programming code or any source code used in or with the
Materials or otherwise distribute in any way the Materials other than as
specifically permitted in this Agreement. You may not sell, assign, sublicense,
grant a security interest in or otherwise attempt to transfer any right in the
Materials, create derivative works based on or in any manner commercially
exploit the Materials, in whole or in part, other than as expressly permitted in
this Agreement. Any use of the Materials for any purpose other than as
specifically permitted herein or without our prior consent or the prior written
consent of our licensors, as applicable, is expressly prohibited. We reserve all
rights not expressly granted in this Agreement.

We will provide you one Customer ID for each account held by you, thereby
permitting you access to the Materials on one computer at a time through the
Site. You agree to fully and accurately provide the information requested by us
when setting up your accounts and to regularly update such information. Your
failure to do so may result in the cancellation of your account and loss of
Services. You further agree (a) not to provide Customer IDs to anyone who is not
your employee, and (b) to ensure all individuals permitted to use the Customer
IDs are aware of and have agreed in writing to comply with the terms of this
Agreement.

As part of the Services, we may provide you a sample website which may be
populated with sample content provided by us to illustrate how your final site
might look ("Sample Content"). You agree that you will not make this Sample
Content publicly available and that you will remove all Sample Content from your
site before permitting any third party Customers to access or view your site.


5. GIVING US ACCESS TO OTHER ACCOUNTS AND SERVICES

Some of our Services (i.e. Google+, Yahoo local, Bing local, Yelp, Citysearch)
may require you to give us access to or require you to provide login information
and password information for accounts or services you may have with third party
providers. When you provide this information to us or give us access to these
third party accounts you agree that you have read all contracts and written
agreements governing such access, login information and passwords and that you
have all the necessary contractual and legal rights to give us such access,
login information and passwords. In many cases we need to create, edit, manage,
maintain, and delete, your profiles, content, listings on these third party
services and website. You agree by providing us with the username and password
to these accounts that we are acting as agents of you and you authorize us to
make any additions, changes, and amendments to all information within these
third party sites.


6. MONITORING WHAT YOU PROVIDE US

Spectrum may, but has no obligation to, monitor Content on the Site or websites
created using our Services. We may disclose any information necessary or
appropriate to satisfy our legal obligations, protect Spectrum or its customers,
or operate the Services properly. Spectrum, in its sole discretion, may refuse
to post, remove, or require you to remove, any Content, in whole or in part,
alleged to be unacceptable, undesirable, inappropriate, or in violation of this
Agreement. Spectrum may, in its discretion, also require you to place all or any
portion of the Content behind password protection. If Spectrum has requested
Content be placed or has placed Content behind password protection, you may not
publish the password or similar information in any way that limits the
effectiveness of the password. If Spectrum requests that you place any Content
behind password protection and you fail to do so promptly, Spectrum may (a)
place such Content behind password protection itself, or (b) immediately
terminate this Agreement.


7. RULES

You agree to all of the following:

 1.  You will not use the Services or Materials for any unlawful purposes or to
     conduct any unlawful activity.
 2.  You will not use the Services or Materials if you are located in a country
     embargoed by the U.S., or are on the U.S. Treasury Department's list of
     Specially Designated Nationals.
 3.  You will not use the Services or Materials to impersonate another person.
 4.  You may not send unsolicited messages (also known as junk mail or SPAM) to
     promote any website published on the Site.
 5.  You may not upload, post, email, transmit or otherwise make available or
     initiate any Content that contains software viruses, worms, Trojan horses
     or any other computer code, files or programs that interrupt, destroy or
     limit the functionality of the Services or the Materials or that may impact
     the ability of any Spectrum Customer to access the Services. You will not
     access the Services through automated methods. The Services may only be
     used or accessed through an electronic device through manual control at all
     times.
 6.  You may not send messages using the Services which do not correctly
     identify the sender and you may not alter the attribution of origin in
     electronic mail messages or postings.
 7.  You will not share your password, let anyone else access your account, or
     do anything that might jeopardize the security of your account. You will
     not attempt to or actually access the Services or Materials by any means
     other than through the interfaces provided by Spectrum.
 8.  You will not attempt to or actually override any security component
     included in or underlying the Materials or Services.
 9.  You will not attempt or engage in any action that directly or indirectly
     interferes with the proper working of or places an unreasonable load on
     Spectrum’s infrastructure.
 10. You will not publish Content, or links to Content, that is:
      1. Pornographic, sexually explicit, or violent.
      2. Illegal (including stolen copyrighted material and material that
         infringes or has the potential to infringe the intellectual property
         rights of another).
      3. Reasonably likely to cause harm, or that could be reasonably considered
         as slanderous or libelous.
      4. iv. Breaches another’s privacy.

 11. You will not publish Content that is spam, is machine- or
     randomly-generated, and/or contains unethical or unwanted commercial
     content designed to drive traffic to third party sites or boost the search
     engine rankings of third party sites, or to further unlawful acts (such as
     phishing), or mislead recipients as to the source of the material (such as
     spoofing).
 12. You verify that your country of residence is the same as your billing
     address.


8. SELLING THROUGH SPECTRUM’S WEBSITE SYSTEM

Some of our Services and Materials may offer you the opportunity to sell or
purchase goods and services through sites hosted or designed by Spectrum (such
goods and services, “Commercial Products”). We are merely providing the platform
for buyers and sellers to negotiate and complete transactions for these
Commercial Products. When a buyer purchases Commercial Products, payments will
be processed through our third party payment service provider. Buyers of
Commercial Products will be provided a notice when entering their payment
information directing them to the third party payment service provider’s terms
of service and privacy policy. These payment services are governed solely by the
third party provider’s terms of service and privacy policy. We are not
responsible for the actions of these third party service providers. In addition
to the other rules and requirements described in this Agreement, you must follow
the rules listed below when offering, selling or purchasing Commercial Products.

 1. You may not offer or sell illegal or potentially illegal Commercial
    Products, including those that are counterfeited, stolen or fraudulent.
    Commercial Products sold using the Services must comply with all applicable
    laws, including Commercial Products sold to individuals outside of the U.S.
    Items identified as “not for distribution within the United States” may not
    be sold using the Services.
 2. You may not offer or sell Commercial Products that infringe or have the
    potential to infringe the intellectual property rights or proprietary rights
    of another.
 3. You may not offer or sell any Commercial Products that we, in our
    discretion, determine are inappropriate, offensive, pornographic, sexually
    explicit or violent.
 4. You may not offer or sell any Commercial Products that are manufactured as,
    or primarily intended to be used as, weapons, including firearms, restricted
    devices or ammunition. We reserve the right to determine, in our sole
    discretion, whether Commercial Products constitutes "weapons" for purposes
    of this Agreement.
 5. You may not offer or sell any Commercial Products that infringe upon or have
    the potential to infringe upon an individual’s privacy or that may be
    libelous, slanderous or otherwise defamatory.
 6. You may not use images or names of any third party when offering or selling
    Commercial Products without first obtaining that third party’s permission.


10. TAXES

You take full responsibility for all taxes and fees of any nature associated
with Services, including any sales tax related to the purchase or sale of
Commercial Products. Except for collecting EU VAT and remitting it to the EU,
Spectrum shall not be liable for any taxes or other fees to be paid in
accordance with or related to the Commercial Products. When purchasing or
selling Commercial Products, it is your responsibility to determine whether or
not sales taxes apply to a transaction and to collect, report and remit the
correct amounts to the appropriate authority. Any tools provided as Materials or
in connection with the Services indicating estimated taxes due are for
illustration purposes only. You take full responsibility for all taxes and fees
of any nature associated with Services, including any sales tax related to the
purchase or sale of Commercial Products. Spectrum is required to collect Value
Added Tax of the European Union ("EU VAT") from non-taxable EU customers,
therefore, EU VAT shall be charged to these customers on top of our Fees


11. TERMINATION

 1. Services may be terminated by us, without cause, at any time.
 2. Spectrum may terminate Services at any time, without penalty and without
    notice, if you fail to comply with any of the terms of this Agreement or the
    intellectual property protections applicable to these Services.
 3. Notice of termination of Services by Spectrum may be sent to the contact
    e-mail associated with your account. Upon termination, Spectrum has the
    right to delete all data, files, or other information that is stored in your
    account.


12. ERRORS AND ACCESS TO SITE

YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY AND APPROPRIATENESS OF ALL DATA AND
CONTENT WITHIN YOUR WEBSITE; INCLUDING SALES TAX CALCULATIONS, PRODUCT PRICING,
AND PRODUCT DESCRIPTIONS, SHIPPING CHARGES, CONTACT INFORMATION, EMAIL
COMMUNICATIONS, AND ELECTRONIC PAYMENT PROCESSING. SPECTRUM WILL NOT BE HELD
RESPONSIBLE FOR INACCURATE INFORMATION AND ANY POTENTIAL DAMAGES CAUSED BY SUCH
INACCURACIES. YOU FURTHER UNDERSTAND THAT SPECTRUM MAY NOT MAINTAIN COPIES OF
FILES OR DOCUMENTS THAT ARE SENT BY YOU AND THAT YOU ARE SOLELY RESPONSIBLE FOR
BACKING UP THIS DATA.


13. LINKS TO THIRD PARTY WEBSITES; NO IMPLIED ENDORSEMENT

The Site may contain links to other web sites owned by third parties. Please
note that when you click on any of these links, you are entering another website
for which we have no responsibility or control. You agree that we shall not be
responsible for any loss or damage of any sort incurred as a result of any such
links or as the result of the presence of such links on the Site. In no event
shall any reference to any third party, third party website or third party
product or service be construed as an approval or endorsement by us of that
third party, third party website or of any product or service provided by a
third party.


14. DISCLAIMER OF WARRANTY

THE SITE, SERVICES AND MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL
FAULTS" AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPECTRUM AND ITS LICENSORS DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SPECTRUM
NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE, THE MATERIALS AND/OR THE
SERVICES AVAILABLE ON OR THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SPECTRUM OR ITS LICENSORS
MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY,
COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE
SERVICES, THE MATERIALS OR THE SITE. YOU EXPRESSLY AGREE THAT YOU’RE USE OF THE
SITE AND YOUR RELIANCE UPON THE SERVICES AND/OR THE MATERIALS IS AT YOUR SOLE
RISK. IN ADDITION, SPECTRUM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR
WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF ANSWERS
OR TRANSMISSION OF ANY OTHER CUSTOMER GENERATED CONTENT) SENT THROUGH THE SITE
TO ANYONE.

IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT ANY DATA, INFORMATION, CONTENT OR
MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES IS NOT
INTENDED AS A SUBSTITUTE FOR, THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT TAX,
LEGAL OR OTHER PROFESSIONALS. THE SERVICES DO NOT PROVIDE TAX OR LEGAL ADVICE.
YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE.

FURTHER, SPECTRUM AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT
THE SERVICES OR THE MATERIALS OR THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE
IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE, THE SERVICES OR THE MATERIALS
OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE
WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT
REGULATIONS OF OTHER COUNTRIES. NEITHER SPECTRUM NOR ANY THIRD PARTY PROVIDERS,
PARTNERS OR AFFILIATES WARRANT THAT THE SITE, IT’S SERVERS THE MATERIALS OR THE
SERVICES OR ANY E-MAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS
OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THIS AGREEMENT APPLIES SOLELY TO THE SITE. AS PART OF THE SERVICES PROVIDED TO
OTHER SPECTRUM CUSTOMERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD
PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND
ARE NOT UNDER THE MANAGEMENT AND CONTROL OF SPECTRUM. SPECTRUM IS NOT
RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE
ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR
TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES
THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD
PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE
HOSTING OF ANY THIRD PARTY SITE BY SPECTRUM DOES NOT IMPLY AN ENDORSEMENT
THEREOF BY SPECTRUM, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY
THIRD PARTY SITE.


15. LIMITATION OF LIABILITY

WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT
OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER
OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF THE SITE, THE SERVICES,
THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY CUSTOMER
GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, WHETHER UNDER A THEORY OF
BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN
IF SPECTRUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY
RELEASE SPECTRUM AND HOLD SPECTRUM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES,
LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS,
AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF
EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL,
INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE
OF THE SERVICES, MATERIALS, SITE, YOUR CONTENT, COMMERCIAL PRODUCTS OR ANY THIRD
PARTY CUSTOMER GENERATED CONTENT AVAILABLE ON OR THROUGHTHE SITE. YOU HEREBY
WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL
RELEASE.


16. EXCLUSIVE REMEDY

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICES, THE MATERIALS, YOU
AGREE THAT YOU’RE SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE
SERVICES AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL SPECTRUM, ITS
AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE
SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY
CUSTOMER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT
LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE
SERVICES, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD
PARTY CUSTOMER GENERATED CONTENT AVAILBALE ON OR THROUGH THE SITE. Certain
states and/or jurisdictions do not allow the exclusion of implied warranties or
limitation of liability for incidental or consequential damages, so the
exclusions set forth above may not apply to you.


17. TERMINATION/EXCLUSION

We may modify, replace, refuse access to, suspend or discontinue the Services,
partially or entirely, or add, change and modify prices for all or part of the
Services for you or for all our Customers at any time and in our sole
discretion. All of these changes shall be effective upon their posting on the
Site or by direct communication to you unless otherwise noted. We further
reserve the right to withhold, remove and or discard any content available as
part of your account, with or without notice if deemed by us to be contrary to
this Agreement. For avoidance of doubt, Spectrum has no obligation to store,
maintain or provide you a copy of any content that you or other Customers
provide when using the Services.


18. INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Spectrum and its licensors,
suppliers, officers, directors, employees, agents, affiliates, subsidiaries,
successors and assigns (collectively "Indemnified Parties") from and against any
and all liability, loss, claim, damages, expense, or costs (including but not
limited to attorneys' fees), incurred by or made against the Indemnified Parties
in connection with any claim arising from or related to (i) your use (or anyone
using your account’s) use of the Services, the Site or the Materials, (ii) your
Content, or (iii) any Commercial Products you offer on or through the Site or
using our Services. This includes, but is not limited to, any breach or
violation of this Agreement by you or anyone utilizing your account. You agree
to fully cooperate at your expense as reasonably required by an Indemnified
Party. Each Indemnified Party may, at its election, assume the defense and
control of any matter for which it is indemnified hereunder. You shall not
settle any matter involving an Indemnified Party without the consent of the
applicable Indemnified Party.


19. AMENDMENTS

We reserve the right, in our sole discretion, to modify or replace any part of
this Agreement at any time. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the Services
following the posting of any changes to this Agreement constitutes acceptance of
those changes. We may also, in the future, offer new services and/or features
through Site (including, the release of new tools and resources). Such new
features and/or services shall be subject to the terms and conditions of this
Agreement.


20. DISPUTES

The formation, interpretation and performance of this Agreement and any disputes
arising out of it shall be governed by the substantive and procedural laws of
the state of Illinois without regard to its rules on conflicts or choice of law
and, to the extent applicable, the laws of the United States of America. The
exclusive jurisdiction and venue for actions related to the subject matter
hereof shall be the state and federal courts located in Cook County Illinois,
and you hereby submit to the personal jurisdiction of such courts. You hereby
waive any right to a jury trial in any proceeding arising out of or related to
this Agreement. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement.


21. PRIVACY

We encourage you to read the Privacy Policy, and to use the information it
contains to help you make informed decisions. Please also note that certain
information, statements, data and content (such as photographs) which you post
to the Site are likely to reveal your gender, ethnic origin, nationality, age,
and/or other personal information about you. You acknowledge and agree that your
submission of such information is voluntary on your part. Further, you
acknowledge, consent and agree that we may access, preserve, and disclose your
registration and any other information you provide if required to do so by law
or in a good faith belief that such access preservation or disclosure is
reasonably necessary in our opinion Disclosures of Customer information to third
parties are further addressed in the Privacy Policy.


22. OTHER

You acknowledge that a violation or attempted violation of any of this Agreement
will cause such damage to Spectrum as will be irreparable, the exact amount of
which would be impossible to ascertain and for which there will be no adequate
remedy at law. Accordingly, you agree that Spectrum shall be entitled as a
matter of right to an injunction issued by any court of competent jurisdiction,
restraining such violation or attempted violation of these terms and conditions
by you, or your affiliates, partners, or agents, as well as to recover from you
any and all costs and expenses sustained or incurred by Spectrum in obtaining
such an injunction, including, without limitation, reasonable attorney's fees.
You agree that no bond or other security shall be required in connection with
such injunction. In no event shall you be entitled to rescission, injunctive or
other equitable relief, or to enjoin or restrain the operation of Spectrum, the
exploitation of any advertising or other materials issued in connection
therewith, or the exploitation of the Site or any content used or displayed
through the Site.


TERMS YOU MUST POST ON YOUR SITE

You are responsible for drafting the terms of use and privacy policy for any
website hosted by us for you as part of the Services (your “Hosted Site”).
However, the terms of use for your Hosted Site must designate us a third party
beneficiary and must contain intellectual property, limitations of liability,
limitations of remedy, disclaimers of warranty and indemnification provisions
each for the benefit of Spectrum which are at least as favorable to Spectrum as
contained in this Agreement. You are also responsible for drafting the privacy
policy for your Hosted Site. Your Hosted Site’s privacy policy must contain
terms that are at least as protective of a Customer’s privacy as those contained
in this Agreement. You agree to indemnify and hold harmless Spectrum and its
licensors, suppliers, officers, directors, employees, agents, affiliates,
subsidiaries, successors and assigns from and against any and all liability,
loss, claim, damages, expense or cost (including but not limited to attorneys’
fees), arising from or related to the use of, access to, interaction with or
reliance upon, your Hosted Site, including the purchase, sale or other
distribution of Commercial Products.

You agree to indemnify and hold harmless Spectrum and its licensors, suppliers,
officers, directors, employees, agents, affiliates, subsidiaries, successors and
assigns from and against any and all liability, loss, claim, damages, expense or
cost (including but not limited to attorneys’ fees), arising from or related to
the use of, access to, interaction with or reliance upon, your Hosted Site,
including the purchase, sale or other distribution of Commercial Products.


24. MISCELLANEOUS

 1. If any portion of this Agreement is found to be unenforceable, the remaining
    portion will remain in full force and effect.
 2. If we fail to enforce any of this Agreement, it will not be considered a
    waiver.
 3. Any amendment to or waiver of this Agreement must be made in writing and
    signed by us.
 4. You will not transfer any of your rights or obligations under this Agreement
    to anyone else without our prior written consent.
 5. All of our rights and obligations under this Agreement are freely assignable
    by us in connection with a merger, acquisition, or sale of assets, or by
    operation of law or otherwise.
 6. This Agreement does not confer any third party beneficiary rights.
 7. A printed version of this Agreement and of any related notice given in
    electronic form shall be admissible in judicial or administrative
    proceedings based upon or relating to this Agreement to the same extent and
    subject to the same conditions as other business documents and records
    originally generated and maintained in printed form.

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