THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND SPECTIVLABS
If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at [email protected].
To access or use our Services, you must agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or agree to the Terms where this option is made available to you, or by simply using the Services. These Terms will remain in effect while you use the Services. If you do not agree and accept these Terms, you may not use the Services. You must be of legal age and capacity to form a binding contract in order to accept the Terms.
SpectivLabs treats all personal information it collects or receives through the Services in accordance with our Privacy Notice, incorporated herein by this reference. By using the Services, you consent to our Privacy Notice and any additional, separate privacy notices or disclosures applicable to the Services you use. You may review our Privacy Notice at any time by visiting the App and clicking on the Privacy Notice link.
The App is a tool that individuals (“Users”) can use to store digital coupons offered by third parties (“Coupons”). Users create a free User Account as described in Section 3 on the App and can then send digital coupons found online to an online storage container for later use (a “Wallet”). SpectivLabs facilitates the Wallet but does not guarantee the validity, availability, quality, or accuracy of any Coupons that are transferred to, transferred from, or stored in the Wallet. SpectivLabs is not the retailer of any products or services offered through Coupons. We do not independently verify, and are not liable for, representations made through Coupons or by the third parties associated with such Coupons. SpectivLabs is not liable or responsible for any Coupon fulfillment, for or any errors or misrepresentations made through Coupons, or for any loss or damage associated with Coupons.
You can view the Services as a visiting User, download the App, or register and create a profile through the App (a “User Account”). If you create a User Account, you agree to provide true, accurate, current, and complete information about yourself and to maintain and promptly update your information as needed. Some Services may not be available to all Users. Please safeguard your User Account credentials and promptly notify us if you believe your credentials have been compromised. You are solely liable and responsible for all activity that occurs under your User Account. Unless agreed upon otherwise, SpectivLabs will assume that activity that originates from your User Account is intentional. We are not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials or your choice to share any data associated with your account with others.
SpectivLabs may suspend or terminate your User Account at any time or for any reason at our sole discretion. You may delete your User Account at any time, for any reason, by emailing SpectivLabs at [email protected]. Account termination may result in destruction of content, files, or information, or dissociation of Coupons, associated with your User Account. SpectivLabs is not liable for any such destruction or dissociation of Coupons associated with the termination of your User Account. We will try to provide advance notice to you prior to our terminating your User Account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of SpectivLabs or its users.
The App and our Services are free to use. Coupons stored in a Wallet are offered through third-parties and SpectivLabs does not facilitate purchases or payments through Coupons. Coupons are merely stored in a Wallet, free of charge, to be used in a time and manner as determined by a User directly with the third-party associated with that Coupon. SpectivLabs is not responsible for, or liable for, any fees associated with a particular Coupon.
SpectivLabs is not a payment processor and does not accept or process payments for purchases through Coupons via the Services. If there are any payments associated with your use of the Services, payments are processed via our secure third-party payment gateway and may be subject to the third party’s transaction fee. Please review our Privacy Notice for further information about your payment information and payment processing. Information collected through the third-party payment gateway (e.g., payment information, name, and address) may be accessible to SpectivLabs, and we do not store such information. We are not liable for any issues arising from or related to your breach of any third-party payment gateway terms or policies, nor any security incident occurring on or through the third-party payment gateway’s systems.
Unless otherwise expressly indicated, the information contained in the SpectivLabs App and through our Services, including but not limited to all images, illustrations, designs, photographs, video clips, text, icons, designs written information, Reports, Feedback, and other materials that appear on the Services are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (collectively, the “Contents”) by SpectivLabs and its affiliates, or are the property of their respective owners and are protected by U.S. and international copyright laws and conventions. The names and logos for SpectivLabs, Spectiv Labs, Inc., and any other entity over which SpectivLabs has control, are registered marks of SpectivLabs. SpectivLabs and the other licensors of the marks on the Services reserve all rights with respect to all Contents. The absence of a name or logo on the Services or on the App does not constitute a waiver of any intellectual property rights established in any of our Contents. The collection and compilation of the Contents are separately protected and copyrighted works owned exclusively by SpectivLabs.
No trademark or service mark license is granted in connection with any of the Contents. You may not use our Contents for any purpose not expressly stated in these Terms, including in any way that might disparage us. Rights or a license to use any of our marks may only be granted in a formal written license agreement signed by one of our duly authorized officers. No other person or agent is authorized to grant any rights to or to authorize the use of any of our marks. Any such attempted grant or related promise or guidance is invalid.
As a user of our Services, you have a revocable, nontransferable, nonexclusive license to access, view information contained on, and interact with the Services solely for your own personal use. You may not use the Services for any commercial purpose (other than for transacting business with SpectivLabs) or for any unlawful or wrongful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer any portion of the Services (including the Content), or use it in any manner not expressly authorized by these Terms. You further agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services, and all other illegal activities are prohibited and may subject a user to legal action. By using the Services and their features, you represent and warrant that (a) any information you submit to us is truthful and accurate; (b) you will maintain the accuracy of that information; and (c) your use of our Services and its features does not violate any applicable law, rule or regulation. Any information that you provide to us will also be subject to our Privacy Notice.
Accessing the App or the Services does not authorize you to use any Contents in any manner. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, or photocopy any of the Contents without the prior written permission of SpectivLabs or the applicable owner. You may only display, download, and print in hardcopy format the Contents for the purposes of using the Services as an internal or personal resource. The permissions described herein will terminate automatically if you breach any of these Terms. Any other use of the Contents on the Services, including reproduction for purposes other than as noted above and including any reproduction, modification, distribution, or republication, may violate copyright or trademark laws and is strictly prohibited without the prior written permission of SpectivLabs.
You are responsible for your use of the Services, and for any use of the Services made using your User Account. You represent, warrant, and agree that you will not use the Services or the App or otherwise interact with the Services in a manner that:
SpectivLabs may, from time to time, deidentify the Personal Information (“Deidentified Information”) that we collect directly from a User and combine it with others’ Deidentified Information in order to generate reports and studies (“Reports”). SpectivLabs uses these reports and studies for internal purposes only. Any such reports or studies are the sole and exclusive property of SpectivLabs. You hereby assign any rights you may have to such reports and studies and your Deidentified Information contained therein to SpectivLabs in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation. All Deidentified Information will be treated as nonconfidential and nonproprietary. SpectivLabs shall be under no obligation of any kind with respect to such Deidentified Information and shall be free to reproduce, make derivative works from, use, disclose, and distribute the Reports to others without limitation. Additionally, SpectivLabs may use any ideas, concepts, know-how, or techniques contained in generating repots or studies for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information.
You may from time-to-time provide us materials, communications, suggestions, comments, improvements, ideas or other feedback related to the App or our Services (“Feedback”). You hereby additionally grant to us all rights, titles, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the App or our Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.
You are strictly prohibited from violating or trying to violate the security features of the Services, such as by:
You hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of the App, the Services, or any activity being conducted on the Services. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available on the Services and other than the generally available third-party web browsers.
If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
You must have a compatible mobile telephone, handheld device, desktop, or laptop, internet access, and the necessary minimum specifications (“Software Requirements”) to use the App or our Services. The Software Requirements are listed on the relevant App page. Software may be upgraded from time to time to add support for new functions. The App or the Services may request certain privacy permissions from time to time such as access to your geolocation or mapping applications, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the App or the Services. Data and messaging charges may apply to your use of the App and the Services. You accept responsibility for any such charges that arise. In no case shall SpectivLabs be responsible or liable to a User or any third-party for any loss or damages related to a User’s inability to use the App or Services due to insufficiency of such User’s device(s) or for any other reason.
SpectivLabs may provide technical support, upgrades, or modifications of the Services in our sole discretion. SpectivLabs may cease providing technical support, upgrades, or modifications of the Services at any time and for any reason without notice or liability to you. SpectivLabs may release new versions of the Services and require you to use the new version of the Services. Your use of new releases or versions of the Services will be acceptance of all modifications of the Services. SpectivLabs may, in our sole discretion, make specific instances or versions of the Services available to you for use in connection with the Services. We may terminate such access to the Services, in whole or as to certain features, functions, or services thereof, for convenience, at any time.
Our Services may include certain communications from SpectivLabs. We may use your contact information to communicate with you about your use of our Services. For example, we may send you service announcements or administrative communications by email, phone, mail, or other means. We may send you marketing communications by email or mail. You understand that you receive these communications as part of your use of the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving marketing communications from SpectivLabs. However, you will not be able to opt out from receiving service announcements and administrative messages.
By accessing our Services, registering with SpectivLabs, or typing your name into any of our electronic forms and indicating your acceptance or submission of information clicking a box, you consent to (a) SpectivLabs communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from SpectivLabs electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree to be responsible for keeping your own Records.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE APP AND THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS AND SPECTIVLABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS TO THE APP OR ITS OPERATION OR CONTENT. ALTHOUGH SPECTIVLABS BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, SPECTIVLABS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. SPECTIVLABS MAKES NO WARRANTY THAT THE APP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR VIRUS FREE.
USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF OUR APP, FROM THE CONDUCT OF ANY USERS (WHETHER ONLINE OR OFFLINE), OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, SOFTWARE, MODEM, TELEPHONE OR OTHER PROPERTY RESULTING FROM YOUR USE OF (OR INABILITY TO USE) OUR APP. WE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS INFORMATION THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM SPECTIVLABS, ITS OFFICERS, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE TO INDEMNIFY AND HOLD SPECTIVLABS, OUR SUBSIDIARIES AND OUR AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, DUE OR RELATING TO OR ARISING OUT OF (A) YOUR USE OF OUR SERVICES IN VIOLATION OF OUR TERMS, (B) YOUR BREACH OF OUR TERMS, OR (C) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN OUR TERMS.
IN NO EVENT SHALL SPECTIVLABS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON RELATED TO OR ARISING OUT OF USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, COPYING, OR DISPLAY OF THE SERVICES, CONTENT OF THE SERVICES, AND THE APP. THIS LIMITATION APPLIES TO ALL CLAIMS INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, STRICT LIABILITY, MISREPRESENTATION, PRODUCTS LIABILITY, VIOLATIONS OF LAW (INCLUDING REGULATIONS), NEGLIGENCE, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. Without limiting the foregoing provisions or the provisions of our Privacy Notice, the limit on total cumulative liability owed by SpectivLabs to you or any person for any claims arising form or relating to the service shall be limited to a maximum of the amount you have paid SpectivLabs for our Services in the 12 months preceding the date of the claim giving rise to such liability.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES, AND CLAIMS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You agree that any dispute, controversy or claim between you and SpectivLabs arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the Services; (3) your access to or use of the Services; or (4) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.