This Agreement was last revised on March 25, 2026.
For questions, please email [email protected].
WELCOME TO SPECCHECKRX.COM, A WEBSITE AND ONLINE SERVICE OWNED AND OPERATED BY SPECCHECK TECHNOLOGIES INC, A DELAWARE CORPORATION (“SPECCHECK”, “COMPANY”, “WE,” “OUR” OR “US”). THIS PAGE EXPLAINS THE TERMS BY WHICH YOU MAY USE OUR SERVICE. BY ACCESSING, USING, SUBSCRIBING, PURCHASING, OR DOWNLOADING THE SERVICE, OR ANY GOODS, MATERIALS, OR CONTENT OF OUR SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE AGREEMENT (THE “AGREEMENT” OR “TERMS OF USE”) ON BEHALF OF YOURSELF AND/OR ON BEHALF OF THE ACCOUNT OWNER (REFERRED TO HEREIN AS “ACCOUNT OWNER”, “YOU”, OR “YOUR”). YOU AGREE TO AND WILL ENSURE THAT ALL WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT, FOLLOW AND BE BOUND BY THESE TERMS OF USE. THESE TERMS OF USE WILL APPLY TO YOUR USE OF THE SERVICE, WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS, OR USE THE SERVICE.
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
We reserve the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, Users, Members, and others who access the Service.
SpecCheck grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, or disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service other than as may be reasonably necessary to use the Service for its intended purpose; (iii) you acknowledge, accept and agree that there are certain health and safety risks involved in utilizing our content, and that you accept such risks, and (iv) you will otherwise comply with the terms and conditions of this Agreement.
Customer Support
SpecCheck Technologies Inc
2261 Market Street, #5183, San Francisco, CA 94114
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
You represent and warrant that the email address you provide to us is your own. You agree not to use the email address of any other person at any time. You may not impersonate someone else (e.g., adopt the identity of a co-worker). You agree to notify SpecCheck immediately if you suspect any unauthorized use of your email address. You are solely responsible for any and all activity that occurs on your account. You must notify SpecCheck immediately of unauthorized use of your email address and related information. Although SpecCheck will not be liable for your losses caused by any unauthorized use of your email address and related information, you shall be liable for the losses of SpecCheck or others due to such unauthorized use.
Consent to Receive Text Messages. By providing SpecCheck with your mobile telephone number and expressly opting in to receive text messages, you consent to receive text messages from SpecCheck at the mobile telephone number you provided. Text messages may include, but are not limited to:
Nature of Consent. Your consent to receive text messages is not a condition of purchasing any goods or services from SpecCheck. You may opt out of receiving text messages at any time without affecting your ability to use the Service.
Message Frequency and Charges. Message frequency varies depending on your Account activity and the types of messages you have consented to receive. Standard message and data rates charged by your mobile carrier may apply. SpecCheck is not responsible for any charges incurred from your mobile carrier.
Opt-Out Instructions. You may revoke your consent to receive text messages at any time by:
Upon receipt of your opt-out request through any of these methods, SpecCheck will process your request promptly and will cease sending text messages to you, except as may be required for essential service-related communications regarding active orders or Account security.
Help Instructions. You may text HELP to any message you receive from SpecCheck to receive assistance, or contact [email protected].
Carrier Limitations. SpecCheck is not liable for delayed or undelivered messages. Text message services are provided on an "AS IS" basis and may not be available through all mobile carriers. Service may be interrupted or discontinued at any time.
Changes to Mobile Number. You agree to notify SpecCheck immediately if you change your mobile telephone number or if the number is reassigned to another person. You are responsible for any messages sent to your mobile number until you notify us of such change.
Accuracy of Information. You represent and warrant that the mobile telephone number you provide to SpecCheck is your own, and you are authorized to receive text messages at that number. You agree not to provide another person's mobile telephone number without their express permission.
Recordkeeping. SpecCheck will maintain records of your consent to receive text messages, including the date, time, and method of consent, as required by applicable law.
We provide the Service for the fees, if any, and other charges set forth in our pricing section. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Service and all such Sales Taxes shall be borne solely by and paid by the Account Owner to us and deemed to be in addition to the fees charged in connection with the Service. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of the Service, and to ensure that your credit or debit cards or other payment instruments accepted by us and/or our processor, including Stripe, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use and Your Account’s use in the event of any payment delinquency. You will not be entitled to any refund on termination or expiration of the Agreement or any refund for the partial use of the Service or credits at any time. All fees paid are non-refundable. In the event of any termination or expiration of the Agreement, you will remain liable for any charges incurred or unpaid amounts owed by You to Us.
You represent and warrant that, if You set-up, configure or revise payments or payment or billing methods on behalf of a User, including without limitation, auto-payments, You have the authority to do from such User and in accordance with any applicable laws. You authorize Us to initiate and process payments by Users through use of the Services. You are solely responsible for the accuracy of the payment information or payment instructions you provide to Us. If a payment processed through use of the Services is refused, rejected or returned, We will void the payment unless You or the applicable User requests a different arrangement. Notwithstanding the foregoing, You acknowledge and agree that You are still responsible for the payment of any processing or payment fees We charge regardless of any refusal, rejection or return of any payment processed through the use of the Service. In order to use payment processing services and the billing services, you may have to agree to certain terms from our third-party payment processor(s) and Your use of the Service will be dependent on You agreeing to such terms, if any. You also acknowledge and agree that while you are using the Service through an Account, we will bill you automatically for the applicable fees, on a monthly basis. You agree that we are not responsible for any payment disputes, refund requests, refunds or any other payment issues related to payments made, received or processed by or through the Service. As between us and you, you shall be solely responsible for the collection or payment of all taxes, fees, and duties or other amounts, however designated, and including without limitation value added and withholding taxes that are levied or based upon any order placed through the Service.
Our Use of PII and PHI. Our Privacy Policy describes how we use and share PII that is not included as part of an Account. Click here to view our Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States. Our Privacy Policy does not apply to any PII contained within User Data that we collect and process only on your behalf when we provide the Service through an Account. In providing you our Service through an Account, we will not sell any PII contained in User Data. We will not retain, use or disclose the PII You provide to us except for the specific purpose of performing our obligations under these Terms of Use, including providing and improving the Service under these Terms of Use. We will not make use of PHI that is not permitted by these Terms of Use, or that is prohibited by applicable law, including but not limited to HIPAA. It is Your responsibility to comply with all applicable privacy and data protection laws and to ensure that You have provided all required notices and obtained all necessary consents (including with respect to third parties access) from Your Users, patients and clients, and that the User (including without limitation Your patients and Your clients) have agreed to the collection of their User Data (including PHI and PII) and the access of their User Data by You, by us, and, where applicable, other third parties. You have the right to access and rectify any PII we hold about you. If you believe that the PII we hold is inaccurate or incomplete, please contact us using the contact details provided in our Privacy Policy.
Mobile telephone numbers provided by you for SMS/text message communications will be collected, stored, and used in accordance with our Privacy Policy and the SMS/Text Message Communications provisions in Section 2 of these Terms of Use. We will not share your mobile telephone number with third parties for their marketing purposes without your express consent. Your mobile number may be shared with our service providers and mobile carriers solely for the purpose of delivering text messages you have consented to receive.
For SMS/text message marketing communications specifically, you must provide separate express written consent as described in Section 2 (SMS/Text Message Communications) of these Terms of Use. General consent to receive marketing materials does not constitute consent to receive SMS/text messages.
Consent Requirement. To the extent that any applicable law requires a different manner of consent than the consent that are providing under these Terms, we will only send Marketing Materials to you if we have obtained your prior consent under such applicable laws. If any applicable law requires your express consent in a manner different than the consent that you are providing under these Terms, we will provide you with a clear and unambiguous mechanism to grant or revoke such consent for receiving Marketing Materials. This may include checkboxes, opt-in forms, or other similar means, prominently displayed during the registration or account creation process.
Withdrawal of Consent. You have the right to withdraw your consent to receive Marketing Materials at any time. You can exercise this right by following the instructions provided in each communication or by contacting us directly using the contact details provided in our Privacy Policy.
You agree that You will not, and will cause Members and Users to not:
You agree that You and your Members and Users will not upload, publish, or submit to any part of the Service any User Data that is protected by Intellectual Property Rights or otherwise subject to proprietary rights, including trade secret or privacy rights, unless You, the appropriate Member or Users are the owner of such rights or have permission from the rightful owner to upload or submit the User Data and to grant SpecCheck all of the license rights granted in this Agreement. You agree that SpecCheck will have no liability for, and You agree to defend (at SpecCheck’s option), indemnify, and hold SpecCheck harmless for, any claims, losses or damages arising out of or in connection with Your use of any User Data.
This Agreement shall remain in full force and effect while you use the Service. SpecCheck may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in our sole determination, you violate any of terms of this Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service, including, but not limited to, registering for the Service with an email address that is not rightfully yours. Upon termination of this Agreement or Your Account, all licenses granted by Us to use the Service, including, without limitation, the Software, will automatically terminate, and all User Data in Your Account will be retained no more than thirty (30) days after termination or expiration of Your Account or this Agreement, and deleted on expiration of such thirty (30) daytime frame. You are responsible for requesting from SpecCheck the retrieval of all User Data as You require or is required by law by contacting [email protected] prior to the Account termination date. The following terms will survive any termination of this Agreement: Sections 1, 5, 16, 17, 18, 19, 20, 21 and 26. You will not be entitled to any refund on termination or expiration of the Agreement. Upon termination of your Account, any consent you provided to receive SMS/text messages will be automatically revoked, and SpecCheck will cease sending text messages to the mobile number associated with your Account, except as may be required for final Account closure notifications or legally required communications.
We hereby grant You a non-exclusive, non-transferable, non-sublicensable, limited, revocable license to access and use the Service specifically as set forth in these Terms of Use and expressly conditioned upon You and Your Account remaining active, in good standing, and in full compliance with these Terms of Use. You agree that you will not (i) allow any person or entity not authorized by Us to use or access the Software or Service (by way of sharing of Accounts or otherwise), (ii) attempt to copy any ideas, features, functions or graphics contained in the Service; (iii) use the Software in the operation of a service bureau, an application service provider or for any other purpose intended to benefit a party other than You, (iv) alter or modify the Software, (v) sell, assign, sublicense, rent, lease or otherwise transfer the Software or any rights in connection therewith, or (vi) attempt to translate, disassemble, decompile, reverse assemble, reverse engineer all or any part of the Service or otherwise attempt to derive the source code for the Software. SpecCheck reserves all rights not expressly granted herein in the Service and the Content (as defined below). SpecCheck may terminate this license for any breach by You for these Terms of Use.
The SpecCheck Rewards Program and its benefits (the “Rewards Program”) are offered at the sole discretion of SpecCheck. Membership in and application for membership in the Rewards Program is void if prohibited by law in the state or country of the Account Owner’s domicile. The Rewards Program is available only for the Account Owner and not any other Member.
The Program has no predetermined termination date and will continue until such time as We decide to terminate the Program. Such termination may occur, at any time, with or without notice.
SpecCheck reserves the right to add, modify, delete or otherwise change any of the rules, procedures, conditions, benefits, or rewards pertaining to the Rewards Program at its sole discretion, with or without notice, even though changes may affect the value of rewards or benefits already accumulated. This means that SpecCheck may make changes that affect, but are not limited to, rules and procedures for the use of the rewards or benefits, continued availability of rewards or reward types.
For example, we could:
You agree that:
Lose Points or Rewards
When you engage in or attempt to abuse, misuse or game SpecCheck Rewards.
If we determine in our sole judgment that you engaged in abuse, misuse or gaming in connection with earning or using points or that you may attempt to do so, we may:
You may not post, modify, distribute, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SpecCheck to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of prompt notification to SpecCheck by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the SpecCheck Service in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SpecCheck Service; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please provide this information to:
Copyright Notices - SpecCheck
2261 Market Street, #5183, San Francisco, CA 94114
Email: [email protected]
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying SpecCheck and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the Company’s rights and obligations under the Digital Millennium Copyright Act (“DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, SpecCheck has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. SpecCheck may also, at its sole discretion, limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Counter-Notice. If you believe that your User Data that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your User Data, you may send a counter-notice to the Company’s copyright agent containing the following information: (i) your physical or electronic signature; (ii) identification of the User Data that has been removed or to which access has been disabled and the location at which the User Data appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the User Data was removed or disabled as a result of mistake or a misidentification of the User Data; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notice of the alleged infringement.
If a counter-notice is received by the Company’s copyright agent, SpecCheck may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Data or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the User Data provider, Member, or User, the removed User Data may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, in our sole discretion.
Though you may access the Service via a mobile device, SpecCheck shall not be liable for any delay in performing or failure to perform any obligation hereunder by circumstances beyond our reasonable control including (without limitation) any technical problems beyond the control of SpecCheck such as (for example) defects, congestion or failures of capacity or otherwise in the public data or telephone or mobile carrier network or caused by atmospheric interference, your mobile device being turned off for an extended period of time so that messages are not retained, or your being unable to obtain mobile network coverage.
SpecCheck has implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Data from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your PII, PHI and or User Data for improper purposes. You acknowledge that you provide your personal information at your own risk.
Your dealings with or participation in promotions of advertisers to which you opt-in and/or find on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that SpecCheck shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You agree to defend, indemnify and hold harmless SpecCheck and its subsidiaries, agents, and other affiliated companies, and the employees, contractors, agents, officers and directors of each, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any content therein and any data or User Data; (ii) any injury, property damage, illness, disability, medical costs and expenses. death, loss of services or otherwise arising out of, relating to, or in connection with your engaging in any activity offered via the Service; (iii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (v) your violation of any law, rule or regulation of the United States or any other country; (vi) any claim for damages that arise as a result of your User Data or any information that is submitted by you or via your account; (vii) any claim or penalty from a taxing authority related to your activities on the Service; or (viii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPECCHECK, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
THE SPECCHECK SERVICE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES THAT ARE NOT OWNED OR CONTROLLED BY SPECCHECK. SPECCHECK HAS NO CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES. YOU EXPRESSLY RELIEVE SPECCHECK FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES.
SPECCHECK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH SPECCHECK SERVICE AND SPECCHECK WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPECCHECK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. SPECCHECK’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO SPECCHECK HEREUNDER FOR THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION AROSE, IF ANY. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND SUCH LIMIT. SPECCHECK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL SPECCHECK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. FOR THE AVOIDANCE OF DOUBT, THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION 19 IS BASED ON THE ACTUAL MEMBERSHIP FEES PAID BY YOU TO SPECCHECK DIRECTLY AND DOES NOT INCLUDE ANY PAYMENT PROCESSOR FEES NOR ANY PAYMENTS MADE, RECEIVED OR PROCESSED BY OR THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPECCHECK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR DATA; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING DEATH, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, INCLUDING VIEWING, PLAYING OR DOWNLOADING ANY MATERIALS ON OR FROM THE SERVICE, OR OTHERWISE IN CONNECTION WITH THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PII OR PHI STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY AND ALL RISKS AND RESPONSIBILITY OF INJURY, PHYSICAL HARM OR DEATH ARISING IN CONNECTION WITH ANY EQUIPMENT. IN NO EVENT SHALL SPECCHECK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SPECCHECK HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SPECCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement will be governed by the Federal Arbitration Act.
The parties agree that the arbitrator presiding over a Dispute will be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties. The parties also agree that they will follow JAMS’ streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Section 18c including the class action waiver described below. The JAMS rules are available at www.jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable, or whether a claim is subject to arbitration. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity, other than class relief. The arbitrator’s award will be written, and binding, on the parties and may be entered as a judgment in any court of competent jurisdiction. If you are an Individual Consumer, SpecCheck will pay all arbitration administrative fees and fees for the arbitrator’s services, other than the $250 filing fee required for you to initiate a claim.
If you are an Individual Consumer and the claim you wish to assert against us is for less than $10,000 then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration bring your claim in small claims court. If either party files a claim in state or federal court that is required by these Terms of Use to have been brought to arbitration, then the other party will be entitled to such party’s reasonable attorneys' fees incurred in successfully compelling arbitration.
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court located in Los Angeles County, California. However, after such request for relief has been adjudicated by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.
YOU AND SPECCHECK AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS AND THAT ANY CLAIMS BROUGHT UNDER THESE TERMS OF USE OR IN CONNECTION WITH THE SERVICE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The parties further agree that they will not participate in any class action (existing or future) brought by any third party arising under this Agreement or in connection with the Service. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration hereunder can proceed on a class-wide basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Los Angeles County, California.
IF YOU ARE A NEW USER OF THE SERVICE, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [email protected] ("OPT-OUT NOTICE") OR VIA U.S. MAIL TO: SpecCheck Technologies Inc, Attn: Arbitration Opt-Out, 2261 Market Street, #5183, San Francisco, CA 94114. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW USER OF THE SERVICE, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your User account(s) to which the opt-out applies, and the date you started using the Service to: [email protected]. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms of Use and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
The Service is controlled, offered and operated from facilities in the United States. SpecCheck makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals located in the United States. Notwithstanding the foregoing, SpecCheck retains all rights, including all Intellectual Property Rights, to the Service and the Content therein, throughout the world.
SpecCheck may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by SpecCheck in our sole discretion. SpecCheck reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
If you have any questions regarding this Agreement, please contact us at [email protected].
