Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
Welcome. We are delighted to welcome you to speckproducts.com (the “Site”), a web site operated by Speculative Product Design, LLC (“Speck”). Please understand that this Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the “Agreement”). YOUR USE OF THE SITE IS GOVERNED BY AN AGREEMENT TO ARBITRATE DISPUTES AND TO WAIVE CLASS CLAIMS.
By using this Site, you are accepting this Agreement in its entirety. If you do not agree to these terms and conditions of use, please do not use this Site. From time to time, when you use particular Speck services or buy products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products which may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site to the fullest extent permissible by applicable law. We ask you to take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by Speck by posting such change at the Site. Use by you after a change to these terms and conditions has been so posted by Speck shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use this Site. The terms of the Site may be revised at any time and from time to time by updating the Site. You should visit this page from time to time to review the then current terms and conditions. Certain provisions of these terms and conditions may be superseded by legal notices or terms located on particular pages of the Site. To the fullest extent permissible by applicable law, you agree to submit all disputes concerning this Agreement, your use of the Site, and any products or services you purchase through the web site to confidential, binding individual arbitration.
Use Limitations and Intellectual Property Rights. Speck prepared this Site for your personal and non- commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted to the fullest extent permissible by applicable law.
All brand names, product names and titles used on the Site are trademarks or trade names of Speck or third party trademark or trade name holders. To the fullest extent permissible by applicable law, you are not allowed to use or reproduce any such trademarks or trade names as they may constitute an infringement of the holders’ rights. All Site design, texts, documents, movies and other services and the selection and arrangement thereof, and all other material on this Site are protected by copyright of Speck or its suppliers. To the fullest extent permissible by applicable law, you are only allowed to electronically copy and print portions of the Site to the extent this is necessary for the purpose of placing an order, or for using the Site as a shopping resource. To the fullest extent permissible by applicable law, you are not allowed to make any other use of the information and materials on the Site, including reproduction for the purposes other than those noted above, modification, distribution, or (re)publication. Should you wish to use materials and information from this Site, you need to obtain Speck’s prior written consent To the fullest extent permissible by applicable law, and except as expressly provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of Speck.
- Territory. This Site is for the use of individuals located in the United States (the “Territory”). We are sorry, but orders or requests for information or services from outside this Territory will not be filled. If you are accessing this Site from outside the Territory, and are interested in more information about Speck, please contact us at email@example.com.
- Notices. Speck and/or its affiliates own(s) the compilation copyright to this Site. Speck® is a registered trademark of Speculative Product Design, LLC.
- Liability Disclaimer. The information and other material published on this Site may be incomplete and may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. To the maximum extent permissible under applicable law, Speck reserves the right to change the Site.. Speck does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. To the fullest extent permissible by applicable law, Speck and its subsidiaries and affiliates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
- Limited Warranties for products purchased through the on-line ordering features are set out in the Customer Service section on this Site.
- EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SPECK MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ALL SUCH INFORMATION, SOFTWARE, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SPECK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE OR THROUGH HYPERTEXT LINKS TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, EVEN IF SPECK AND/OR ITS AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM SPECK’S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, SPECK’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECK DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPECK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SPECK DOES NOT AND CANNOT REVIEW ALL MATERIALS, IF ANY, POSTED TO THE SITE BY USERS, AND SPECK IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPECK RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN SPECK’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW. NEITHER SPECK NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER SPECK NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR VOLUNTARILY ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
- No unlawful or prohibited use. Please note that we require of you, as a condition of your use of this Site, that you will not use this Site or post any information or material on this Site, for any purpose or in any manner that is unlawful, violates any third party’s rights, or is prohibited by these terms, conditions and notices. You understand that Speck may suspend or terminate your access to its site in its discretion if you violate this provision or any other provision of these terms and conditions and may also delete all or any portion of any material you post to the fullest extent permissible by applicable law.
- Links to third party sites. This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Speck is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites to the fullest extent permissible by applicable law. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. To the fullest extent permissible by applicable law, Speck reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to this Site should do so only to the Site’s home page. No use of Speck’s trademark may be made in connection with such link without Speck’s approval and, to the fullest extent permissible by applicable law, Speck reserves the right to bar such link at any time.
- This Site is not for children under thirteen years of age.
- On-line ordering of services and goods. Speck may from time to time offer you the opportunity to purchase certain services and products through the Site. Such purchases are subject to certain terms and conditions, which appear when you elect to purchase such goods and services, in addition to those set forth otherwise in these terms and conditions. Speck will not ship products or provide services to those located outside of the Territory, in jurisdictions that do not permit the application of these terms and conditions or to locations in which the shipment or provision of such products or services would be prohibited.
Use of your suggestions to Speck regarding new products, features or processes. Speck, as a company that is always in the process of developing new products, product features, and processes, has an established invention submission policy. Most of the suggestions and ideas regarding new products, product features and processes Speck receives from the public duplicate ideas Speck has already developed or is in the process of developing. To avoid undue disappointment and misunderstandings, Speck has a strict policy of not accepting suggestions and ideas regarding potential products, product features or processes from persons outside the company for review and consideration unless such persons agree to certain terms. Therefore, do not send any submissions to Speck unless you agree to the following terms, to the fullest extent permissible by applicable law:
- A submission will not in any way establish a confidential relationship nor will it place Speck in the position of receiving a submission in trust; and Speck shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
- Speck shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
- No obligation is assumed by Speck or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Speck and by you, and then Speck’s obligations shall be only as expressed in that written agreement.
- Changes in Site. Please be aware, that, like all Internet sites, this Site is a work in progress. Therefore, Speck may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. Speck may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
Your representations and warranties. To the fullest extent permissible by applicable law, you represent, warrant and covenant that:
you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which
- restrict or inhibit any other user from using the Site,
- are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law,
- contain a virus or other harmful component
- contain advertising of any kind,
- are false regarding you, or
- constitute or contain false or misleading indications of origin or statements of fact;
- all information you provide about yourself shall be true and accurate;
- you are at least 18 years old (or are using this Site with the permission of your parents);
- you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms;
- when using this Site you will be located within the Territory; and
- you assume full responsibility for use of the Site.
- you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which
- Your password. In the event your activity on the Site requires the use of a password, please keep this password in a safe place. You agree to keep any password that you may be given during your use of the Site secret and not to share it with anyone. Should you share your password with anyone or fail to take reasonable steps to keep it secure, you shall be responsible for all activity conducted with your password to the fullest extent permissible by applicable law.
- Your indemnification. You hereby agree to indemnify, and hold Speck, and all its officers, directors, owners, agents, attorneys, employees, affiliates, contractors, agents, suppliers, licensors and licensees (collectively, the “Indemnified Parties”) harmless to the fullest extent permissible by applicable law from and against any and all liability, loss, expense. damage and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. To the fullest extent permissible by applicable law, Speck shall have the right to defend, settle and compromise any such claim with counsel of its own selection to the fullest extent permissible by applicable law. You shall cooperate as fully as reasonably required in the defense thereof. To the fullest extent permissible by applicable law, you shall not in any event settle any matter without the written consent of Speck.
- Bulletin Board Use. Speck may include a bulletin board, discussion room, chat room or other similar interactive portion of the Site (“Bulletin Board”) on which you may be encouraged to post material and information. You understand that your use of the Bulletin Board is subject to these terms and conditions, including, without limitation your warranties, representations and obligations of indemnification set forth herein. To the fullest extent permissible by applicable law, Speck reserves the right but does not assume any obligation to refuse to permit material to be posted, to edit, remove and use any information on the Bulletin Board in its discretion and you waive any claim against Speck in connection therewith. Any information you post on such Bulletin Board may be viewed by other users and thus we at Speck strongly recommend that you use prudence and caution in selecting the information and material you post, including, without limitation, material about yourself and others or information that identifies you or others. You agree not to use the personal information of other users of the Site, whether or not posted on the Bulletin Board, other than for the purpose for which such information was provided to you by such user, but in any case, for no unlawful or offensive purpose.
Questions, Complaints, Comments or Service Contact.
- Technical Questions. If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: firstname.lastname@example.org.
- Concerns about possible infringement or inappropriate conduct or content on the Site. If you believe that certain software, information or other content on the Site violates your rights or the rights of others, or if you believe that another user is violating the terms of this Agreement, please feel free to contact us at email@example.com. or 1-888-872-4445. We do not commit to following up or resolving your concerns, but may do so in our discretion.
If you believe that material on the Site infringes your copyright, please contact Speck’s Copyright Agent below with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- 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 owner, its agent or the law;
- a statement by you, made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. To contact Speck’s Copyright Agent please email: firstname.lastname@example.org.
- Termination by Speck. To the fullest extent permissible by applicable law, Speck may at any time, without prior notice and at its sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you.
- Your remedy. You may terminate this Agreement at any time by ceasing to use the Site. To the fullest extent permissible by applicable law, your sole remedy against Speck in the event of dispute arising out of this Agreement, the Site or your use thereof, is to cease using the Site and terminate this Agreement.
- Your Data. In the event of termination of this Agreement, Speck may delete and/or store in its discretion, data associated with your use of the Site.
- Cautionary Statement. Certain statements contained on these Web pages may constitute “forward-looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995. These forward-looking statements involve numerous assumptions, known and unknown risks, uncertainties and other factors that may cause actual future performance or achievements of the Company to be materially different from any future estimated performance or achievements expressed or implied by any such forward-looking statements. These risks, uncertainties and other factors are described in filings made by Speck’s parent company with the Securities and Exchange Commission. Speck assumes no duty to update the Site and users are advised that the information contained herein is subject to change and may not be current.
- Assignment. Your rights and obligations under this Agreement and in using the Site are not assignable.
- Governing Law. This Agreement is governed by the internal laws of the State of California applicable to agreements entered into and wholly to be performed therein without giving effect to its principles of conflicts of laws.
CLAIM RESOLUTION, ARBITRATION AGREEMENT, CLASS ACTION WAIVER. This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in certain discovery, the right to certain remedies and forms of relief, and the right to court review of any award—that may not be available in arbitration to the fullest extent permissible by applicable law. To the fullest extent permitted by applicable law, any dispute or claim arising out of or relating in any way to these terms and conditions, your visit to the Site, products purchased through the Site, or to any purchase, return or other transaction with Speck or its affiliates or vendors (including but not limited to claims relating to in-store purchases, Speck’s advertisements and disclosures, email and mobile SMS messages sent by Speck and Speck’s collection or use of your information) (each, a “Claim”) shall be resolved through binding arbitration rather than in court, regardless of when the Claim arises or arose. The Federal Arbitration Act and federal arbitration law apply to these terms and conditions. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. In lieu of arbitration, either you or Speck may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.
- Initiating Arbitration. Any party who intends to seek arbitration must first provide to the other party a written notice of the Claim (“Notice”), describing the facts and circumstances of the Claim and the specific relief sought, and including any supporting documentation. The Notice must be mailed via certified or registered mail to: Speck at 177 Bovet Road, San Mateo, CA 94402 (and to CT Corporation System, 818 West Seventh Street, Los Angeles, CA 90017; r to you at your last-used billing address or the billing and/or shipping address in your online profile. If we are unable to reach an agreement to resolve the claim within 45 days after the Notice is received, either party may commence arbitration.
- Procedures. Any arbitration under these terms and conditions shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Commercial Arbitration Rules and Mediation Procedures. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location. Unless the arbitrator finds some or all of your claims to be frivolous Speck will reimburse your reasonable attorneys’ fees and costs for claims totaling less than $10,000 and agrees not to seek attorneys’ fees or costs from you. (In determining whether an action is frivolous, the arbitrator may consider whether Speck has offered you a full refund of the sum you paid for items you purchased from Speck.)
- Class action waiver. To the fullest extent permitted by applicable law, you and Speck agree that any Claim resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. We agree that the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator may not order us to pay any monies to or take any actions with respect to persons other than you, unless we explicitly consent in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order.
- YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, REPRESENTATIVE OR MULTI-CLAIMANT PROCEEDING. Further, unless we both agree in writing, the arbitrator may not consolidate other persons’ claims with yours or ours, and may not otherwise preside over any form of a representative, multi-claimant or class arbitration proceeding. To the fullest extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative.
- If any portion of this section is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in federal court rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in state court in Mansfield, Massachusetts.
- This section will survive after the terms and conditions terminate or your use of the Site ends. Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or be barred forever, or to the fullest extent permissible by applicable law. Notwithstanding the other provisions in this section, if Speck has a reasonable basis to believe that you have in any manner violated or threatened to violate any of Speck’s intellectual property rights, Speck may bring suit in any state or federal court in the state of Massachusetts, rather than through arbitration. You agree that you will submit to the jurisdiction of the state and federal courts in the state of Massachusetts.
- Legal Process. This Agreement is subject to existing laws and legal process. Nothing in this Agreement shall derogate Speck’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Speck with respect to such use.
- Invalidity. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
- Orders, Prohibition on Reselling and Price. The information on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. To the fullest extent permissible by applicable law, we reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the Territory. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
- Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com You may also contact us by writing to the attention of the Legal Department, 177 Bovet Road, San Mateo, CA 94402, or by calling us at 1-888-872-4445. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 1-(916)-445-1254 or 1-(800)-952-5210.
- Entire Agreement. This Agreement contains the entire agreement between you and Speck with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Speck with respect to this Site.