Terms & Conditions of Use - SPC Business Phone Service, Internet Service, & Data Service

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Terms & Conditions of Use

(IMPORTANT LEGAL INFORMATION BELOW READ CAREFULLY)
 
  This Internet website (www.spctexas.com) is the property of Spinergize  Phone Company or SPC L.L.C. References to "SPC L.L.C.", "SPC L.L.C.  Online Services", or "this website" shall also be deemed to be  references to Spinergize Phone Company or SPC L.L.C.
 
  SPC L.L.C. PROVIDES ACCESS TO THIS WEBSITE AND ANY RELATED SERVICES  PROVIDED HEREON (THE " SPC L.L.C. ONLINE SERVICES") SUBJECT TO YOUR  COMPLIANCE WITH THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND  CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SPC L.L.C.  ("AGREEMENT") THAT GOVERNS THE RELATIONSHIP BETWEEN YOU AND SPC L.L.C.  WITH RESPECT TO YOUR USE OF THIS WEBSITE AND THE SPC L.L.C. ONLINE  SERVICES, AND ANY RESULTING CONTRACT OR PURCHASE ORDER FOR SERVICES,  PRODUCTS OR GOODS WITH SPC L.L.C., OR ANY THIRD PARTY PROVIDER OF  COMMUNICATIONS SERVICES, PRODUCTS OR EQUIPMENT FOR WHICH SPC L.L.C ACTS  AS AN INDEPENDENT BROKER OR SALES REPRESENTATIVE. THUS, IT IS IMPORTANT  THAT YOU CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
 
  TERMS AND CONDITIONS
 
  TRADEMARK AND COPYRIGHT INFORMATION: All material on this website,  including, but not limited to, text, data, graphics, logos, button  icons, images, audio clips, video clips, links, downloads, data  compilations, and software is owned, controlled by, or licensed to SPC  L.L.C. and is protected by copyright, trademark, and other intellectual  property rights. Material on this website is made available solely for  your business’ purchase of services from SPC L.L.C. or any third party  provider of communications services, products or equipment for which SPC  L.L.C. acts as an independent broker or sales representative and may  not be copied, reproduced, republished, modified, uploaded, posted,  transmitted, or distributed in any way, including by e-mail or other  electronic means, without the express prior written consent of SPC  L.L.C. in each instance. You may download material intentionally made  available for downloading from this website for your business’ purchase  of services from SPC L.L.C. or any third party provider of  communications services, products or equipment for which SPC L.L.C. acts  as an independent broker or sales representative only, provided that  you keep intact any and all copyright and other proprietary notices that  may appear on such materials.
 
  WARRANTY DISCLAIMER
 
  SPC L.L.C. HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES  MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES") AND MAY, FROM TIME TO  TIME, PROVIDE MATERIALS AND INFORMATION ON THIS WEBSITE. NEITHER SPC  L.L.C., ITS PARENT OR SUBSIDIARY COMPANIES, NOR THEIR AFFILIATES,  OPERATE OR CONTROL OR ARE RESPONSIBLE IN ANY RESPECT FOR ANY  INFORMATION, PRODUCTS, OR SERVICES ON THESE THIRD PARTY SITES OR AS TO  ANY ACT OR OMISSION OF ANY THIRD PARTY PROVIDER OF TELECOMMUNICATION  SERVICES AND/OR EQUIPMENT. THE MATERIALS IN THIS WEBSITE AND THE THIRD  PARTY SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO  REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,  INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE  AND THE SPC L.L.C. ONLINE SERVICES AND AS TO THE SERVICES, PRODUCTS AND  EQUIPMENT AND INFORMATION OF ANY THIRD PARTY ON THIS WEBSITE, AND YOU  HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION OF ANY KIND  WHATSOEVER IN ANY MANNER CONNECTED WITH OR RELATED TO YOUR USE OF THE  SPC L.L.C. ONLINE SERVICES OR THIS WEBSITE, OR THE INFORMATION PROVIDED  THEREIN OR THE SERVICES, PRODCUTS AND EQUIPMENT OF ANY THIRD PARTY  PROVIDER REFERENCED HEREIN, WHETHER NOW EXISTING OR HEREINAFTER ARISING,  AGAINST SPC L.L.C., ITS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AND  REPRESENTATIVES.

  SPC L.L.C., ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE  NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,  EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, OR LIABILITY OF ANY KIND,  ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE SPC L.L.C.  ONLINE SERVICES, OR ANY THIRD PARTY SITES, INFORMATION, SERVICES OR  PRODUCTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH, OR ANY CLAIM  REGARDING THIS WEBSITE, THE SPC L.L.C. ONLINE SERVICES, THE CONTENT OF  THIS WEBSITE AND/OR ANY THIRD PARTY SITES, OR INFORMATION, IS TO STOP  USING THE WEBSITE(S) CONCERNED AND/OR CONTENT. SHOULD ANY COURT OF  COMPETENT JURISDICATION FIND ANY LIABILITY OF ANY SPC L.L.C. RELATED  PERSONS THE PARTIES AGREE THAT IN NO CIRCUMSTANCES SHALL THE AMOUNT TO  BE PAID BY ANY SPC L.L.C. RELATED PERSON EXCEED THE AMOUNT YOU PAID  DIRECTLY TO SPC L.L.C. FOR ITS SERVICES, IF ANY.  SPC L.L.C. DOES NOT  WARRANT, IN ANY MANNER, EXPRESSLY OR IMPLIEDLY, THAT THE FUNCTIONS  CONTAINED IN THIS WEBSITE, THE SPC L.L.C. ONLINE SERVICES AND/OR ANY  THIRD PARTY SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL  BE CORRECTED, OR THAT THIS WEBSITE OR ANY THIRD PARTY SITES, OR THE  SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR  OTHER HARMFUL COMPONENTS. SPC L.L.C. DOES NOT WARRANT OR MAKE ANY  REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR  THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE, THE SPC L.L.C.  ONLINE SERVICES, OR ANY THIRD PARTY SITES, OR AS TO ANY AGREEMENTS WITH  THIRD PARTY PROVIDERES OF TELECOMMUNICATIONS SERVICES, PRODUCTS OR  EQUIPMENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,  RELIABILITY, OR OTHERWISE. YOU (AND NOT SPC L.L.C.) ASSUME THE ENTIRE  COST OR LIABILITY AS TO ANY EXPENSE TO YOU IN ANY MANNER RELATED TO THE  USE OR RESULTS OF USE OF THE MATERIALS ON THIS WEBSITE, THE SPC L.L.C.  ONLINE SERVICES, OR ANY THIRD PARTY SITES OR AGREEMENTS, INCLUDING, BUT  NOT LIMITED TO, ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION OF ANY  SUCH MATERIALS, OR THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY  OR OTHERWISE.
 
  SPC L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,  OF ANY KIND WHATSOEVER, REGARDING HOW OFTEN THE MATERIALS OR  INFORMATION POSTED ON THIS WEBSITE WILL BE UPDATED (IF AT ALL) OR THE  NUMBER OR IDENTIFICATION OF THIRD PARTY AFFILIATES (IF ANY) AND  AVAILABILITY OR PRICING OF THIRD PARTY SERVICES THAT WILL BE FEATURED ON  THIS WEBSITE.

  YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY INFORMATION PROVIDED OR TO  BE PROVIDED WITH RESPECT TO THE WEBSITE WAS OR WILL BE OBTAINED FROM A  VARIETY OF SOURCES AND THAT SPC L.L.C. HAS NOT MADE AND WILL NOT BE  OBLIGATED TO MAKE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH  INFORMATION AND SPC L.L.C. MAKES NO REPRESENTATION AS TO THE ACCURACY OR  COMPLETENESS OF SUCH INFORMATION. YOU FOR YOURSELF, YOUR SUCCESSORS AND  ASSIGNS AND FOR ANY PERSON CLAIMING BY, THROUGH OR UNDER YOU (ALL SUCH  PERSONS BEING INCLUDED IN THE NAME OF YOU OR YOUR FOR PURPOSES OF THIS  AGREEMENT), AGREE TO AND DO HEREBY ACCEPT THE WEBSITE, INCLUDING ALL  INFORMATION THEREIN, “AS IS” AND “WHERE IS”, “WITH ALL FAULTS”, AND YOU  ACKNOWLEDGE AND AGREE THAT EXCEPT FOR THE OBLIGATIONS OF SPC L.L.C.  EXPRESSLY SET FORTH IN THIS AGREEMENT AND ANY PURCHASE AGREEMENT, THE  SERVICES OF SPC L.L.C. ARE SOLD WITHOUT RECOURSE TO SPC L.L.C., ITS  MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS OR  ASSIGNS (EVEN AS TO THE PURCHASE PRICE), AND THAT NEITHER SPC L.L.C. NOR  ANY OF SPC L.L.C.’S MEMBERS, OFFICERS, EMPLOYEES,  REPRESENTATIVES AND  AGENTS (ALL OF SUCH PERSONS, INCLUDING SPC, L.L.C., BEING SOMETIMES  COLLECTIVELY REFERRED TO AS THE “SPC, L.L.C. RELATED PERSONS”) HAVE MADE  OR GIVEN ANY WARRANTIES, GUARANTIES OR REPRESENTATIONS OF ANY KIND  WHATSOEVER, AND THE SPC, L.L.C. RELATED PERSONS SPECIFICALLY DISCLAIM  ANY REPRESENTATIONS OR WARRANTIES REGARDING ANY MATTER RELATING TO ANY  PURCHASE AGREEMENT, THIS AGREEMENT OR THE INFORMATION CONTAINED IN THIS  WEBSITE, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.  YOU AGREE THAT  THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,  SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THAT THERE ARE NO  EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING THE  WEBSITE,  THE INFORMATION CONTAINED THEREIN OR AS TO THE SERVICES WHICH MAY BE  PROVIDED BY SPC L.L.C., EXCEPT AS MAY BE EXPRESSLY STATED IN ANY  PURCHASE AGREEMENT. THE PARAGRAPHS SET FORTH IN THIS AGREEMENT IN BOLD  PRINT HAVE BEEN THE SUBJECT OF NEGOTIATION BETWEEN THE PARTIES TO THIS  AGREEMENT AND ARE INCORPORATED BY REFERENCE IN ANY PURCHASE AGREEMENT  RESULTING FROM THE USE OF THIS WEBSITE BY YOU, AND THE TERMS CONTAINED  HEREIN HAVE BEEN BARGAINED FOR AND ARE A MATERIAL PART OF THE  CONSIDERATION FOR THIS AGREEMENT AND ANY PURCHASE AGREEMENT WITH SPC  L.L.C. OR WITH ANY THIRD PARTY PROVIDER OF TELECOMMUNICATIONS SERVICES,  PRODUCTS OR EQUIPMENT FOR WHICH SPC L.L.C. MAY ACT AS AN INDEPENDENT  BROKER OR SALES REPRESENTATIVE. THE ACKNOWLEDGEMENTS AND AGREEMENTS OF  YOU  SET FORTH IN THIS PARAGRAPH SHALL APPLY AS TO ANY PURCHASE  AGREEMENT REGARDING SERVICES PROVIDED OR TO BE PROVIDED BY THE SPC  L.L.C. RELATED PERSONS WHETHER EXECUTED NOW OR IN THE FUTURE.
 
  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR  THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
 
  VOID WHERE PROHIBITED

  Although this website is accessible worldwide, not all products or  services discussed or referenced on this website are available to all  businesses or in all geographic locations. SPC L.L.C. reserves the right  to limit, in its sole discretion, the provision and quantity of any  product or service to any person, business, or geographic area it so  desires.  Any offer for any product or service made in this website is  void where prohibited, by product or service availability, law, rule,  regulation or any applicable governmental authority.  Recognizing the  global nature of the internet, Your Related Parties agree to comply with  all applicable laws regarding the transmission of technical data from  the United States or the country in which you reside.
 
  ORDERING PRODUCTS & SERVICES
 
  If you wish to order products or services from SPC L.L.C or an  affiliated third party on this website, we may collect, including, but  not limited to, your business name, contact names, owners and executive  names, address, telephone numbers, toll free numbers, billing and  payment information, credit information, phone vendor information, data  or IT vendor information, e-mail addresses, current local carrier,  current long distance carrier, current internet provider, data service  provider or other related information required for your request or  order.  You agree that all information that you provide will be  accurate, complete and current.  You agree to pay all charges related to  your order or purchase agreement whether those of a SPC L.L.C. Related  Person or other  third party, including, but not limited to,  installation fees, monthly recurring revenue, shipping and handling  charges, and any applicable taxes, at the prices in effect when such  charges are incurred.
 
  INDEMNIFICATION
 
  YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPC L.L.C. , ITS  PARENT OR SUBSIDIARY COMPANIES, AND ANY SPC L.L.C. RELATED PERSON OR ANY  OTHER THIRD PARTY PROVIDERS OF SERVICES, PRODUCTS OR EQUIPMENT IN ANY  MANNER CONNECTED WITH ANY EXECUTED PURCHASE ORDER OR PURCHASE AGREEMENT  ENTERED WITH AN SPC L.L.C. RELATED PERSON OR THIRD PARTY PROVIDER AS A  RESULT OF YOUR USE OF THIS WEBSITE OR ITS CONTENT, AND THEIR MEMBERS,  OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SUPPLIERS FROM AND  AGAINST ALL LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE  ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION BY YOU OF THESE TERMS AND  CONDITIONS, REGARDLESS OF WHETHER PART OR ALL OF THE CAUSE OF SUCH  VIOLATION IS THE NEGLIGENCE OF SPC L.L.C. OR ANY SPC L.L.C. RELATED  PERSONS.   SPC L.L.C. RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE  AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU AT YOUR  EXPENSE.
 
  EXCEPT AS MAY OTHERWISE BE PROVIDED IN THE EXPRESS WRITTEN OBLIGATIONS  OF SPC L.L.C. SET FORTH IN AN ACCEPTED PURCHASE ORDER OR PURCHASE  AGREEMENT, TO THE FULLEST EXTENT OF THE LAW, YOU, AND YOUR EMPLOYEES,  AGENTS, CONTRACTORS, SHAREHOLDERS, OFFICERS, DIRECTORS AND PARTNERS  (“YOUR RELATED PARTIES”) WAIVE ALL CLAIMS AGAINST ALL SPC L.L.C. RELATED  PERSONS, ARISING OUT OF ANY OF THE FOLLOWING.  YOU KNOWINGLY, AND  VOLUNTARILY ASSUME THE RISK OF, AND AGREE THE  SPC L.L.C. RELATED  PERSONS ARE NOT LIABLE TO YOUR RELATED PARTIES FOR ANY OF THE FOLLOWING  EVEN IF THE CLAIMS ARE CAUSED SOLEY OR IN PART BY THE NEGLIGENCE OF ANY  SPC L.L.C. RELATED PERSONS:
 
  1. ANY INJURY OR DAMAGE TO PERSON OR PROPERTY OR CLAIMS FOR DAMAGES  (INCLUDING THE RESULTING LOSS OF USE, ECONOMIC LOSSES, LOST PROFITS AND  CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR  RESULTING DAMAGES OF ANY KIND FROM ANY CAUSE OF ACTION OR CLAIM) DUE TO  THE USE, CONTENT OR DESIGN OF THE SPC L.L.C. WEBSITE, OR ANY DEFECT IN  THE ONLINE OR OTHER SERVICES PROVIDED BY SPC L.L.C. RELATED PERSONS OR  ANY THIRD PARTY PROVIDER, OR THEIR EMPLOYEES, AGENTS OR INDEDEPENDENT  SUBCONTRACTORS, INCLUDING, BUT NOT LIMITED TO, ANY EQUIPMENT OR  MATERIALS CONVEYED OR PROVIDED THEREWITH, THAT EXISTS NOW, KNOWN OR  UNKNOWN, OR OCCURS IN THE FUTURE;

  2. ANY INJURY OR DAMAGE TO PERSON OR PROPERTY OR CLAIMS FOR DAMAGES  (INCLUDING THE RESULTING LOSS OF USE, ECONOMIC LOSSES, LOST PROFITS AND  CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR  RESULTING DAMAGES OF ANY KIND FROM ANY CAUSE) DUE TO ANY ACT OR OMISSION  OF ANY SPC L.L.C. RELATED PERSON OR ANY THIRD PARTY PROVIDER, OR THEIR  EMPLOYEES, AGENTS OR INDEPENDENT SUBCONTRACTORS, INCLUDING, BUT NOT  LIMITED TO, ANY ACT OR OMISSION IN CONNECTION WITH THEIR SERVICES, OR  ANY EQUIPMENT OR MATERIALS CONVEYED WITH THEIR SERVICES, OR SUCH  EQUIPMENT OR MATERIALS BEING OUT OF REPAIR, OR DEFECTIVE, OR INSTALLED  IMPROPERLY. THAT EXISTS NOW, KNOWN OR UNKNOWN, OR OCCURS IN THE FUTURE;

   3. ANY LOSS OR DAMAGE, OR CLAIM FOR DAMAGE, WHATSOEVER, (INCLUDING THE  RESULTING LOSS OF USE, ECONOMIC LOSSES, LOST PROFITS AND CONSEQUENTIAL,  INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR RESULTING DAMAGES  OF ANY KIND FROM ANY CAUSE) CAUSED BY THE ACTS OR OMISSIONS OF YOUR  ADJOINING PROPERTY OWNERS OR TENANTS OR OTHER THIRD PARTIES IN ANY  MANNER CONNECTED WITH THE SERVICES OR EQUIPMENT PROVIDED PURSUANT TO ANY  PURCHASE AGREEMENT OR ORDER WITH ANY SPC L.L.C. RELATED PERSON OR THIRD  PARTY PROVIDER THAT EXISTS RELATED TO YOUR USE OF THIS WEBSITE OR ITS  CONTENT, NOW, KNOWN OR UNKNOWN, OR OCCURS IN THE FUTURE.

  4. ANY LOSS OR DAMAGES TO PROPERTY OR PERSON, OR CLAIM FOR DAMAGES OF  ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT DAMAGES, LOST  PROFITS, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY,  PUNITIVE OR OTHER DAMAGES OR LIABILITY OF ANY KIND, OCCASIONED BY ORDER  OF ANY GOVERNMENTAL AUTHORITY, OR YOUR LENDER, OR ANY OTHER CAUSE  RELATED TO YOUR USE OF THIS WEBSITE OR ITS CONTENT, WHETHER SUCH CAUSE  IS NOW EXISTING, KNOWN OR UNKNOWN, OR OCCURS IN THE FUTURE.
 
  EXCEPT AS MAY BE OTHERWISE PROVIDED IN THE EXPRESS WRITTEN OBLIGATIONS  OF SPC L.L.C. UNDER ANY ACCEPTED PURCHASE ORDER OR PURCHASE AGREEMENT  AS TO ITS SERVICES, YOU SHALL INDEMNIFY, DEFEND AND HOLD ALL SPC L.L.C.  RELATED PERSONS HARMLESS (AND YOU WAIVE ANY CLAIM AGAINST ANY SPC L.L.C.  RELATED PERSONS WITH RESPECT THERETO) FROM ALL FINES, SUITS, LOSSES,  COSTS, LIABIILITIES, CLAIMS, DEMANDS, ACTION AND JUDGEMENTS OF EVERY  KIND AND CHARACTER, WHETHER IN LAW OR IN EQUITY, NOW EXISTING, KNOWN OR  UNKNOWN, OR HEREINAFTER ARISING, WHETHER SUCH CLAIM IS RELATED TO PAST  ACT OR OMISSION OR FUTURE ACT OR OMISSION (COLLECTIVELY ,“CLAIMS”),  INCLUDING THOSE CLAIMS RESULTING SOLELY OR IN PART FROM THE NEGLIGENCE  OF ANY SPC L.L.C. RELATED PERSONS, ARISING OUT OF OR RELATED INDIRECTLY  OR DIRECTLY TO THE WEBSITE AND SERVICES OF SPC L.L.C. RELATED PERSONS,  OR AS TO SERVICES, PRODUCTS OR EQUIPMENT OF ANY THIRD PARTY PROVIDER  INCLUDING, BUT NOT LIMITED TO, ANY EQUIPMENT, FURNITURE, FIXTURE,  INVENTORY OR MATERIALS CONVEYED THEREWITH, INCLUDING WITHOUT LIMITATION:
 
  1. ANY BREACH OR DEFAULT IN PERFORMANCE OF ANY OBLIGATION, WAIVER, OR  ASUMPTION OF RISK, ON YOUR PART TO BE PERFORMED UNDER THIS AGREEMENT AND  ANY EXECUTED PURCHASE ORDER OR PURCHASE CONTRACT, WHETHER BEFORE,  DURING OR AFTER THE  DATE OF INSTALLATION OR PERFORMANCE OF THE SPC  L.L.C. RELATED PERSONS SERVICES, INCLUDING, BUT NOT LIMITED TO, THE  INDEMNIFICATION OBLIGATIONS HEREOF.

  2. ANY ACT, OMISSION, NEGLIGENCE, OR MISCONDUCT OF ANY OF YOUR RELATED  PARTIES, OR OF ANY OTHER PERSON ENTERING ON YOUR BUSINESS PREMISES OR  USING THE ONLINE OR OTHER SERVICES OF THE SPC L.L.C. RELATED PERSONS  UNDER OR WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION OF YOU.

   3. ANY ALTERATIONS, ACTIVITIES, WORK OR THINGS DONE, PERMITTED,  ALLOWED, OR SUFFERED BY YOUR RELATED PARTIES, IN CONNECTION WITH THE  SERVICES PROVIDED BY THE SPC L.L.C. RELATED PERSONS, OR THE SERVICES,  PRODUCTS OR EQUIPMENT OF ANY THIRD PARTY PROVIDER, INCLUDING THE  VIOLATION BY YOUR RELATED PARTIES OF ANY LAW, ORDINANCE, OR GOVERNMENTAL  ORDER OF ANY KIND.

  4. THE USE OR OMISSION TO USE BY ANY OF YOUR  RELATED PARTIES OF THE  SERVICES PROVIDED BY THE SPC L.L.C RELATED PERSONS, OR THE SERVICES OF A  THIRD PARTY PROVIDER, OR ANY PRODUCTS, EQUIPMENT, FURNITURE, FIXTURES,  INVENTORY OR MATERIALS CONVEYED  THEREWITH.
 
  LITIGATION ISSUES
 
  This Agreement is entered into in the State of Texas and shall be  governed by, and construed in accordance with, the laws of the State of  Texas, exclusive of its choice of law rules. Each party to this  Agreement submits to the exclusive jurisdiction of the state and federal  courts sitting in Harris County in the City of Houston in the State of  Texas, and waives any jurisdictional, venue, or inconvenient forum  objections to such courts. Each party to this Agreement further agrees  as follows: (i) any claim brought to enforce this Agreement must be  commenced within two (2) years of the cause of action accruing; (ii) no  recovery may be sought or received for damages if recovery  has been  otherwise waived or prohibited under this Agreement or any executed  purchase order or agreement, and if damages are not waived or  prohibited, no recovery may be sought or received for  other than  out-of-pocket amounts paid to SPC L.L.C. by you, if any, in connection  with its services. (iii) if not otherwise waived or prohibited under  this Agreement or any executed purchase order or agreement, the  prevailing party in any dispute concerning this Agreement or any  accepted purchase order or purchase agreement will be entitled to costs  and reasonable attorneys' fees; (iv) any claim must be brought  individually and not consolidated as part of a group or class action  complaint.
 
MISCELLANEOUS
 
  In the event that any of the provisions of this Agreement are held by a  court or other tribunal of competent jurisdiction to be illegal,  invalid or unenforceable and the basis of the bargain between the  parties is not destroyed or rendered ineffective thereby, then such  provisions shall be limited or eliminated to the minimum extent  necessary and the remainder of this Agreement shall otherwise remain in  full force and effect.
 
  This Agreement and any accepted purchase order or purchase contract  constitutes the entire agreement between the parties hereto pertaining  to the subject matter hereof, and any and all written or oral  discussions, representations, statements, proposals or agreements  heretofore made or existing between the parties hereto with respect to  the subject matter of this Agreement and any accepted purchase order or  purchase agreement, are void and/or of no further force and effect. SPC  L.L.C. may modify the terms of this Agreement or the information  contained in the website at any time without notice and such  modifications are incorporated by reference into this Agreement.   Changes to this Agreement and the website are effective at the time they  are posted.   Further, your continued use of our sites after posting  will also constitute your acceptance of, and agreement to be bound by,  those changes. You agree that SPC L.L.C. is not liable to Your Related  Parties or any other third party for any modification, suspension or  discontinuance of the website or its content.
 
  Your Related Parties agree not to reproduce, duplicate copy, sell,  resell, or exploit for any commercial purposes, any portion of the SPC  L.L.C. website or the content thereof, use of the website or its  content, or access to the website or its content.
 
  No waiver of a breach or default by you as to any term, condition or  provision hereof shall be deemed a waiver of any other subsequent  breaches or defaults of any kind, character or description under any  circumstances.  No waiver of a breach or default of any term, condition,  or provision hereof shall be implied from any action of any SPC L.L.C  Related Person and any such waiver, to be effective shall be set forth  in a written instrument signed by SPC L.L.C.
 
  Your correspondence or business dealings with any advertisers, if any,  found on or through the SPC L.LC. Website, including payment and  delivery of related goods and services, and any other terms, conditions  warranties or representations associated with such dealings, are solely  between you and the advertiser.  You agree that SPC L.L.C. its members,  officers, employees, agents, principals, and representatives are not  responsible or liable for any loss or damage of any kind whatsoever  incurred as a result of such dealings or as the result of the presence  of such advertisers on the website.
 
  SPC L.L.C. respects the intellectual property of others, and you agree  to do the same by your use of this website.  If you believe that your  work has been copied in any way that constitutes copyright infringement,  trademark infringement or service mark infringement, please provide SPC  L.L.C the following information:
 
 
     
  1. an electronic or physical signature of the person authorized to  act on behalf of the owner of the copyright, trademark or service mark;  
  2.  
  3. a description of the copyrighted work, trademark or service mark that you claim has been infringed;
  4.  
  5. a description of where the material that you claim is  infringing is located on the site;
  6.  
  7. your address, telephone number and email address;
  8.  
  9. a statement by you that you have a good faith belief that the  disputed use is not authorized by the copyright, trademark or service  mark owner, their agent or the law;

  10.  
  6. a sworn notarized statement made by you, under penalty of perjury,  that the above information in your notice is accurate ant that you are  the copyright, trademark or servicemark owner, or duly authorized to act  on their behalf.
 
  All notices to SPC L.L.C should be sent by certified mail to Brian  Stovall, Managing Member, 5846 Larkin St Houston, Texas 77007.  SPC  L.L.C. may give notice to you by certified mail, or by displaying  notices or links to notices on the website.
 
  You acknowledge and agree that the SPC L.L.C website and any necessary  software used in connection with the website (“software”) contain  proprietary and confidential information that is protected by applicable  intellectual property and other laws.  You further acknowledge and  agree that information contained in advertisement or information  presented to you throughout the website is protected by copyrights,  trademarks, servicemarks, patents or other proprietary rights and laws.  Except as expressly authorized by the SPC L.L.C. you agree not to  modify, rent lease, loan, sell, distribute or create derivative works  based on the website content or software, in whole or in part.
 
  In the event of any conflict in the terms of this Agreement and any  customer’s purchase order or contract form, the terms of this Agreement  shall control.
 
  You may not assign or convey any rights or obligations under this  Agreement or any accepted purchase order or purchase agreement without  the express written consent of SPC L.L.C

Time is of the essence as to any time constraint deadline set forth in  this website or any accepted purchase order or purchase agreement.   However, if the last date of any time specified herein or in any  accepted purchase order or purchase agreement is a Saturday, Sunday or  national bank holiday, then such date shall be extended to the next date  that is not a Saturday, Sunday or national bank holiday.  SPC L.L.C.  shall be excused as to any time constraint deadline applicable to its  services which is set forth in this website or any accepted purchase  order or purchase agreement due to act of god, civil commotion, riot,  weather, labor strike or unavailability, including, but not limited to  unavailability of utilities service, or other cause beyond the control  of SPC L.L.C.
 
  Any person requesting a quote or proposal from SPC L.L.C. Related  Persons represents and warrants to the SPC L.L.C Related Persons that he  or she is the duly authorized representative of the person or entity  for which the quote or proposal is requested and that they have the  authority to act on behalf of the person or entity for which the  proposal or quote is requested and to enter into contracts for the  services of the SPC L.L.C. Related Persons and/or third parties for whom  SPC L.L.C. may act as an independent broker or sales representative on  behalf of and to bind that person or entity for whom the proposal or  quote is requested.  
 
  You understand and agree that SPC L.L.C. is an independent sales  broker of telecommunications services, products and equipment for  several major telecommunications services and equipment providers and  that SPC is not an agent or employee of any third party  telecommunications service, products and equipment provider as to the  information as to which may be set forth for their services, products  and equipment in this website, or as to their services, products and  equipment provided by a third party pursuant to any contract or purchase  order.  You further understand and agree that in acting as a  independent broker for such telecommunications services, products and  equipment providers, SPC L.L.C accepts no responsibility of any kind for  acts or omission of the telecommunications services, products and  equipment providers, their directors, officers, employees, agents, or  representatives, as to their provision of their services, or as to their  products and equipment, or as to the information they may have provided  which is displayed on this website.  YOU AGREE TO LOOK EXCLUSIVELY TO  THE SPECIFIC TELECOMMUNICATIONS SERVICE OR EQUIPMENT PROVIDER REGARDING  ANY CLAIM OF ANY KIND YOUR RELATED PARTIES MAY HAVE AS TO THE CONTENT OF  ANY INFORMATION, OR ANY SERVICES, PRODUCT AND EQUIPMENT A THIRD PARTY  TELECOMMUNICATIONS COMPANY MAY HAVE PROVIDED TO YOUR RELATED PARTIES  THROUGH THIS WEBSITE, OR OTHERWISE,  AND AS TO THEIR OBLIGATIONS UNDER  ANY ACCEPTED PURCHASE ORDER OR PURCHASE AGREEMENT FOR TELECOMMUNICATIONS  PRODUCTS, EQUIPMENT AND/OR SERVICES.  
 
  Privacy Policy
 
  Welcome to the SPC L.L.C. Online Privacy Policy. We appreciate your  business and thank you for taking an interest in our company and  website.  Our privacy policy is applicable to circumstances where you  provide information to SPC L.L.C. pursuant to your use of the SPC L.L.C.  website and is incorporated as part of the Terms and Conditions of Use  Agreement between you and SPC L.L.C.  All terms and conditions defined  in the Terms and Conditions of Use Agreement have the same meaning when  used in the Privacy Policy.

SPC L.L.C. values your business and respects your privacy. We are  committed to ensuring that we protect the privacy of our clients and  customers. This policy summarizes what information we collect from you  and your business online and how we use and disclose that information.  SPC L.L.C. also collects business information from customers offline.
 
  What information does SPC L.L.C. collect about my business online?
 
  We collect business information when you visit our Web sites, request  proposals or order products and services, and when you use our online  services. For example, we may collect information concerning, but not  limited to, your IPA (Internet Protocol Address) and domain name, type  of browser and operating system you use, the time of your visit, the  pages on our site you visit,  your business name, contact names, owners  and executive names, address, telephone numbers, toll free numbers,  billing and payment information, credit information, phone vendor  information, data or IT vendor information, e-mail addresses, current  local carrier, current long distance carrier, current internet provider,  data service provider or other related information required for your  request or order.

  As part of our ongoing efforts to improve our service, we or someone  acting on our behalf may collect information about how you use our  service and the Internet. SPC L.L.C. does not use this information in a  form that will identify you or your business except under the following  circumstances:  if we have reason to believe that an account is being  used in a manner that violates the SPC L.L.C. Terms & Conditions of   Use, or any applicable law, regulation or ruling of any governmental  authority; to protect the integrity of our services or network; to  assert or defend our legal rights or those of a third party; pursuant to  a lawful request from a government or legal authority, or pursuant  court order, ruling or subpoena, or where we have a good faith belief  that it is needed to prevent harm or provide assistance to a third party  or any SPC L.L.C. Related Persons.
 
  Cookie Usage
 
  We do not use cookies to track information about you.
 
  How does SPC L.L.C. use your business information collected online?
 
  In general, SPC L.L.C. uses your business information collected online  to provide products and services and to operate our business, for  example, for a telecom quote request or to sign up a customer for  telecom products and services with an authorized third party. We use  your business information collected online to address your questions and  concerns, to understand how your business uses products and services,  to give your business information about products and services, and to  improve our services. SPC L.L.C. also uses your business information  collected online to comply with applicable laws, regulations, court  orders, rulings and subpoenas, to assert or establish the legal rights  of SPC L.L.C. Related Persons, and to defend the legal interests of SPC  L.L.C. Related Persons or where we have good faith belief that it is  needed to prevent harm to a third party, or to assert or defend the  rights of a third party.
 
  Your Right To See and Correct Information
 
  If you wish to see the information we collect about you, please  contact Brian Stovall, Managing Member at 5846 Larkin St, Houston, Texas  77007.  If you feel the information is incorrect, please send any  corrections to us at 5846 Larkin St, Houston, Texas 77007. We will  either update your information or include your correction with any  information we store or use.
 
  Your Right to Opt Out
 
  If we are collecting information about you that you do not wish us to  have use, or share, you may “opt out” by writing us at 5846 Larkin St,  Houston, Texas 77007 or e-mailing us at info@spctexas.com.
 
  Childrens Policy
 
  We do not knowingly collect information from children under the age of  eighteen years.  We delete information that we discover has been  provided by children.  We do not include any information on this site  that we consider unsuitable for children, but we cannot guarantee the  content of any linked research sites we may list.
 
  Does SPC L.L.C. share your business information collected online with third parties?
 
  SPC L.L.C. discloses your business information collected online to  affiliates and to others, including, but not limited to, third party  telecommunications businesses for whom SPC L.L.C. acts as an independent  broker or sales representative and vendors, to provide the products,  services and equipment you request and to enhance the performance those  products, services and equipment for your business. We may share your  business information collected online with the government or third  parties who make a lawful request for it. We may also disclose your  business information collected online to others to assert and defend our  legal rights or the rights of third parties, and as otherwise  authorized or required by law, or applicable court order, ruling or  subpoena.
 
  What does SPC L.L.C. do to help safeguard your business information collected online?
 
  Security for all personal identification information is extremely  important to us. We use reasonable efforts to store your personal  information securely, and use reasonable efforts to protect the  information we collect from loss, misuse, unauthorized access or  disclosure, alteration or destruction. However, we cannot guarantee  absolute privacy and like any website or business there may be  unintentional loss, misuse or mistaken disclosure of information or SPC  L.L.C. Related Persons may be subjected to hacking or other unauthorized  access security issues.   You agree by using this site and the   information contained thereon that you assume the risk of unintentional,  negligent or mistaken disclosure of  your information and that SPC  L.L.C. has no liability for any such disclosure or any resulting  damages, of any kind whatsoever,  AND YOU WAIVE AND AGREE TO INDEMNIFY  THE SPC L.L.C. RELATED PERSONS FROM ANY CLAIM AGAINST ANY SPC L.L.C.  RELATED PERSONS WITH RESPECT THERETO, INCLUDING, BUT NOT LIMITED TO, ALL  FINES, SUITS, LOSSES, DAMAGES, COSTS, LIABIILITIES, CLAIMS, DEMANDS,  ACTION AND JUDGEMENTS OF EVERY KIND AND CHARACTER, WHETHER IN LAW OR IN  EQUITY, NOW EXISTING, KNOWN OR UNKNOWN, OR HEREINAFTER ARISING, WHETHER  SUCH CLAIM IS RELATED TO PAST ACT OR OMISSION OR FUTURE ACT OR OMISSION  (COLLECTIVELY,“CLAIMS”), INCLUDING THOSE CLAIMS RESULTING SOLELY OR IN  PART FROM THE NEGLIGENCE OF ANY SPC L.L.C. RELATED PERSONS, ARISING OUT  OF OR RELATED INDIRECTLY OR DIRECTLY TO THE SERVICES OF THE SPC L.L.C.  RELATED PERSONS, YOUR USE OF THE SPC L.L.C. WEBSITE OR THE CONTENT  THEREOF, ANY ACT OR OMISSION OF A THIRD PARTY TO WHOM SUCH INFORMTION IS  DISCLOSED IN THE NORMAL COURSE OF BUSINESS OF THE SPC L.L.C. RELATED  PERSONS, OR ANY ACT OR OMISSION OR SERVICES OF A THIRD PARTY PROVIDER,  INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS, EQUIPMENT, FURNITURE,  FIXTURES, INVENTORY OR MATERIALS PROVIDED BY SPC L.L.C RELATED PERSONS  OR ANY THIRD PARTY PROVIDER.
 
  Phishing and Pretexting
 
  As you know, consumers are increasingly targeted by unscrupulous  persons attempting to acquire sensitive personal or financial  information, by impersonating legitimate businesses.  We will never send  you an unsolicited email or other communication requesting your private  information.  If you receive a communication directing you to enter  your personal information, please disregard the instruction and contact  us immediately by writing us at 5846 Larkin St, Houston, Texas 77007 or  e-mailing us at info@spctexas.com.
 
  Does SPC L.L.C. link to other Websites?
 
  Our Web sites may contain links to other Web sites of third party  telecommunications providers, or which may be of interest to you or that  relate to our products and services.  These links are provided as a  convenience to you.  We have no control over linked sites, and cannot  guarantee the accuracy of any information on them, nor make any  representations concerning the host’s privacy policies. We are not  responsible for the content or privacy practices of those Web sites. For  this reason, we encourage you to review the privacy policies of other  Web sites before providing them your business information.
 
 
  Does SPC L.L.C. use online ad services?
 
  SPC L.L.C. reserves the right to advertise on non-SPC L.L.C. Web  sites. When we do this, we collect customer information about visits to  our sites generated through those advertisements. This allows us to  recognize the origins of visits to our sites and helps us target our  Internet advertising. The information collected does not contain any  information that identifies you. We share it only among our contracting  agents to assess the results of advertising and promotions. It is for  SPC L.L.C. purposes and is provided with the condition that it not be  shared for their marketing purposes.

When does SPC L.L.C. update its online privacy policy?
 
  We reserve the right to modify, alter or otherwise update this Privacy  Policy at any time, so we encourage you to review this policy from time  to time. Changes to this privacy policy are effective at the time they  are posted and your continued use of our sites after posting will  constitute acceptance of, and agreement to be bound by, those changes.
 
  How can I contact SPC L.L.C.?
 
For questions about our privacy policies, please e-mail us at  info@spctexas.com  or you may write us at 5846 Larkin St, Houston, Texas  77007.
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