Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Conditions of Use
Last updated: June 9, 2020
Welcome to SpecTACKular. SpecTACKular, Inc. (hereinafter “SpecTACKular”) provides this website and its features and services to you when you visit or shop at SpecTACKular.com. SpecTACKular provides this website and its features and services subject to the following conditions.
By using SpecTACKular.com, you agree to these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your use of SpecTACKular.com, to understand our practices.
When you use SpecTACKular.com, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other communication methods used by SpecTACKular, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any SpecTACKular web page or other advertisement, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of SpecTACKular and protected by United States and international copyright laws. The compilation of all content included in or made available through any SpecTACKular web page or other advertisement is the exclusive property of SpecTACKular and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any SpecTACKular web page or other advertisement are trademarks or trade dress of SpecTACKular in the U.S. and other countries. SpecTACKular 's trademarks and trade dress may not be used in connection with any product or service that is not SpecTACKular’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SpecTACKular. All other trademarks not owned by SpecTACKular that appear in any SpecTACKular web page or other advertisement are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SpecTACKular.
One or more patents owned by SpecTACKular apply to SpecTACKular Products displayed on our website.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, SpecTACKular or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the SpecTACKular web site. This license does not include any resale or commercial use of SpecTACKular.com or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any SpecTACKular.com or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by SpecTACKular or its licensors, suppliers, publishers, rightsholders, or other content providers. No content or image of SpecTACKular.com may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SpecTACKular. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SpecTACKular.com web site or any web pages without express written consent. You may not use any meta tags or any other "hidden text" utilizing SpecTACKular's name or trademarks without the express written consent of SpecTACKular. You may not misuse the SpecTACKular.com. You may use the SpecTACKular.com web site only as permitted by law. The licenses granted by SpecTACKular terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own SpecTACKular account to use certain features of the SpecTACKular.com web site, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit SpecTACKular.com to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. SpecTACKular does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the SpecTACKular.com web site only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their SpecTACKular Household. SpecTACKular reserves the right to refuse service, terminate accounts, terminate your rights to use SpecTACKular.com, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SpecTACKular reserves the right (but not the obligation) to remove or edit such content. If you do post content or submit material, and unless we indicate otherwise, you grant SpecTACKular a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SpecTACKular and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SpecTACKular for all claims resulting from content you supply. SpecTACKular has the right but not the obligation to monitor and edit or remove any activity or content. SpecTACKular takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
SpecTACKular respects the intellectual property of others. If you believe that your intellectual property rights are being infringed by us, please contact us at through our website www.SpecTACKular.com or write to us at: Intellectual Property Infringement c/o SpecTACKular, Inc. 831 Armstrong, Kansas City, KS 66102 USA. Or call us at 913-299-4494.
RISK OF LOSS
All purchases of physical items from SpecTACKular are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
SpecTACKular does not take title to returned items until the item arrives at our postal facility. At our discretion, a refund may be issued without requiring a return. In this situation, SpecTACKular does not take title to the refunded item.
Despite our best efforts, through typographical error or otherwise a product on our website may be mistakenly listed at an incorrect price. SpecTACKular reserves the right to refuse or cancel an order placed for product listed at an incorrect price. SpecTACKular reserves the right to refuse or cancel such an order whether the order has been confirmed and your credit card charged. In such a case, SpecTACKular will issue a full credit to your credit card immediately upon learning of the error.
Parties other than SpecTACKular may operate stores, provide services or software, or sell product lines through the SpecTACKular.com web site. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from SpecTACKular. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). SpecTACKular does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SPECTACKULAR.COM WEB SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPECTACKULAR.COM WEB SITE ARE PROVIDED BY SPECTACKULAR ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SPECTACKULAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SPECTACKULAR.COM WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPECTACKULAR.COM WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SPECTACKULAR.COM WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, SPECTACKULAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECTACKULAR DOES NOT WARRANT THAT THE SPECTACKULAR.COM WEB SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPECTACKULAR.COM WEB SITE, SPECTACKULAR 'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SPECTACKULAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, SPECTACKULAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF SPECTACKULAR.COM WEB SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SPECTACKULAR.COM WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of SpecTACKular.com, or to any products or services sold or distributed by SpecTACKular will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. 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 the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at SpecTACKular, Inc. 831 Armstrong, Kansas City, KS 66102 USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.SpecTACKular.com or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. SpecTACKular will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using SpecTACKular.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Kansas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SpecTACKular.
SITE POLICIES, MODIFICATION, AND SEVERABILITY