TERMS & CONDTIONS 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: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark or service mark; a description of the copyrighted work, trademark or service mark that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number and email address; 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; 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
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.