These Terms and Conditions shall apply equally to both 72share.com and spectrumotion.com websites (collectively referred to hereafter as Website). By accessing, using or downloading information, data, software, images or other materials from Website, or by sending information, data, software, images or other materials on Website, you are deemed to have read and agreed to abide by the following Terms and Conditions for each use and each visit. Reference herein to Spectrumotion shall be interpreted to refer to the Irvine Spectrum Transportation Management Association, dba Spectrumotion, all its member organizations and sponsoring organizations.
You may only use Website for lawful and appropriate purposes related to seeking transportation information. Spectrumotion grants you limited access to view the content of Website, subject to these Terms and Conditions, on the express condition that you may not directly or indirectly: (a) transit spam, chain letters, junk mail or any other type of unsolicited mass e-mail on, to or from Website (b) reproduce or publicly display, perform, or distribute or otherwise use the content for any personal, public or commercial purpose, including without limitation use of the content on any other website; (c) delete or modify any copyright or copy any of the HTML or other computer programs that could harm, disable, overburden or impair operation of it; (d) interfere with the security of, or otherwise abuse Website or any services, system resources, accounts, servers or networks connected to or accessible through Website or affiliated or linked websites; (e) disturb or interfere with another’s use of Website or affiliated or linked websites; (f) transmit on Website any materials that would negatively affect its function including, without limitation, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs (g) engage in any activities or acts that impose an unreasonable or disproportionately large load on Website’s infrastructure; (h) use any robot, spider or other similar kind of automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from Website.
Website and all content relating to Spectrumotion’s services and the full content of Website are protected by American and worldwide copyright laws and treaty provisions and other relevant intellectual property rights. By using Website, you agree to prevent any unauthorized use of the content and to comply with all copyright laws worldwide. Spectrumotion’s services, methods, and processes may be covered by one or more patents, patents pending, or other intellectual property rights, and are subject to trade secret and other proprietary rights. Spectrumotion reserves all such rights. Any software, as well as any files or images generated by such software, code and data used or accessible through Website is the copyrighted work of Spectrumotion.
You may not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up any part of Website. You may not copy, imitate or use, in whole or in part for any purpose, whether artistic, personal or commercial in nature the Spectrumotion service names and logos, other than of the purpose of creating a permitted link Website as detailed herein. Any improper or illegal use may result in your IP address being permanently blocked and all access denied.
Services and Availability
Spectrumotion services may be used by you to request and schedule transportation or logistics services with third-party participants. You acknowledge and agree that Spectrumotion does not screen, approve, hire, or employee the third party participants and you agree that Spectrumotion has no responsibility or liability to you related to any transportation or logistics services provided to you by third-party participants other than as expressly set forth in these terms. You acknowledge and agree that Spectrumotion does not provide transportation or logistics services or function as a transportation carrier. Users of Website are responsible for evaluating the fitness for a particular purpose of any content available through Website. Redistribution or republication of any part of this website or its content by any means is prohibited without the advance written consent of Spectrumotion.
Our web servers automatically log standard access information including browser type, access times, internet domain, IP address, pages visited, keywords, open mail, URL requested, and referral URL for purposes of systems administration, detecting usage patterns and troubleshooting. The foregoing information is maintained as confidential data and except as otherwise stated herein, will not be shared with third parties. Such information is used by Spectrumotion for analytical purposes. IP addresses are not linked to personally identifiable information and are used to administer Spectrumotion programs, track user’s movement, analyze trends, and gather broad demographic information for aggregate use.
Waiver of Liability and Hold Harmless
Spectrumotion makes no representations or warranties of any kind regarding Website and/or the content found on Website, including, with respect to the information provided by third party links, all of which are provided on an “AS IS” basis. Spectrumotion disclaims all representations and warranties, express, implied, or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, Spectrumotion makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any services or goods requested through the use of the services, or that the services will be uninterrupted or error-free. Spectrumotion does not guarantee the quality, suitability, safety or ability of other third-party participants. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
To the maximum extent allowed by law, Spectrumotion will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including without limitation any loss of profits, data, use, or goodwill) resulting or relating in any way to your access, participation, or use of (or inability to access, participate, or use) Website or the services, whether based on warranty, contract, tort/negligence, or other legal theory, even if Spectrumotion has been advised of the possibility of such damages. The laws of some jurisdictions may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, the aggregate liability of Spectrumotion under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100). The limitations and disclaimer herein do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
Third Party Websites
Website provides links to other transportation-related websites as a service to our customers. By providing such links, Spectrumotion does not take responsibility for the information contained on those sites. Opinions expressed or material appearing on third party websites that may be linked to or from Website are not necessarily shared or endorsed by Spectrumotion, their directors, officers, employees, agents, and affiliates. Spectrumotion should not be regarded as the publisher of such opinions or material. Spectrumotion does not monitor or review the content of such third party websites. Each user should evaluate the security and trustworthiness of any third party website connected to Website or accessed through Website, before disclosing any personal information to such a site. Spectrumotion does not accept responsibility for, and shall not be held responsible for any loss or damage, regardless how it may have arisen and regardless of the kind or manner of the damages alleged to have occurred, howsoever caused, and alleged to have resulted from your disclosure to third parties of personal information.
By establishing a link to Website, you are deemed to have warranted and agreed that your site was established for a legitimate purpose, is secure and does not constitute a threat to Spectrumotion or its users. By establishing such link, you agree to abide by the following express conditions: (a) all content appearing on Website and the “look and feel” of Website belong to Spectrumotion; (b) you will not attempt to imitate, copy or substitute the look and feel of Website with any third party website as an overlay or substitution for any Website page; (c) you will not create frames around any part of Website or use other techniques that alter the visual presentation of Website; (d) you will not imply that Spectrumotion is endorsing you, your company’s products or services nor shall you imply or state that Spectrumotion is endorsing any kind of political viewpoint, position, party, affiliation, group or organization; (e) your link may in no way include any references to or offer sales of liquor or drugs of any kind or type; (f) you may not imply an affiliation between your company and Spectrumotion without the prior written consent of Spectrumotion; (g) you may not misrepresent your relationship with Spectrumotion or present false or misleading impressions about Spectrumotion services; (h) your site may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups; (i) Spectrum shall have no responsibility or liability for any content appearing on your website, which is a separate website and not part of Website. Spectrumotion may at any time, in its sole discretion, immediately terminate your right to link to Website, with or without cause. If Spectrumotion exercises this right and gives you notice of such an action, you will immediately remove all links to Website; and (j) Spectrumotion may amend these Link Conditions at any time and you agree to abide by these conditions and other legal terms and conditions on Website as amended from time to time.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representative of Spectrumotion. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. The laws of California and the United States govern these terms and conditions. Failure of Spectrumotion to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.
Spectrumotion reserves the right to change these Terms and Conditions. Any changes will be posted, and Spectrumotion encourages users to review the policy regularly. The continued use of Website will signify acceptance of any such changes. Accessing Website indicates agreement to an acceptance of these Terms and Conditions. Spectrumotion may terminate, change, suspend or discontinue any aspect of Website, including eliminating, adding, altering or otherwise changing any features and/or content at any time without notice or liability. Spectrumotion reserves the right, but shall not be obligated, to correct any errors or omissions in any portion of Website at any time without notice to any Website user or third party linked to Website.
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