Effective Date: October 14, 2020
By using the website (“Website” or “Site”) in any manner, including but not limited to visiting or browsing the Website, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Website, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Website.
Service Overview. Spectrum Antimicrobials is a healthcare company that develops products to address infection concerns across a number of medical procedures and settings. Our Website is designed to provide general information about the Company and its products and services.
Local Law. Spectrum Antimicrobials is located in Petaluma, California, in the United States of America (USA). Our Site is intended for the exclusive use of residents of the USA. Spectrum Antimicrobials makes no representation that the materials on the Site are appropriate or available for use in other locations. Access to the content may not be legal by certain persons or in certain countries outside of the USA. If you access this Site from outside the USA, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Unauthorized Activities. The Website is updated on a real-time basis and is proprietary and some portions may be licensed to Spectrum Antimicrobials by third-parties. Unauthorized use of the Website may result in violation of various United States and international copyright laws.
You agree that you will not use any “deep-link,” “robot,” spider,” “scraper” or other automated means to access our Site for any purpose whatsoever without Spectrum Antimicrobials’ prior express written permission. You are prohibited from and agree to refrain from using the Website in any of the following ways (this list is not exhaustive):
- using the Website for any illegal purpose or in violation of any local, state, national, or international law;
- in any manner that copies, creates derivative works from, modifies, publicly displays, publicly performs, reproduces or distributes any of the Website, except to the extent permitted by the prior written consent of Spectrum Antimicrobials and any appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Website or any activities conducted, including any user’s enjoyment of the Website, which shall include, but not be limited to:
- uploading or disseminating any virus, adware, spyware, worm, or other malicious code;
- taking any action that imposes, or may impose, in Spectrum Antimicrobials’ sole discretion, an unreasonable or disproportionately large load or interfere with or disrupt Spectrum Antimicrobials’ infrastructure, which includes any network, equipment, or server connected to the Website;
- collecting personal information about another user or third party without proper consent
- to stalk, harass, or harm another another user or third party;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- attempt to gain unauthorized access to the Website or any other accounts, computer systems, or networks connected to the Website, whether through hacking, password mining, or any other means;
- attempt to do any acts of the nature described in this Section or assist or permit any person to engage in any of the unauthorized activities specified or related to those in this Section.
Ownership; Proprietary Rights. The Website is owned and operated by Spectrum Antimicrobials. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Website (“Materials”) provided by Spectrum Antimicrobials are protected by intellectual property and other laws. All Materials included in the Website are the property of Spectrum Antimicrobials or our third-party licensors. All rights not expressly granted in the Terms are reserved. Except as otherwise required or limited by applicable law, use of Materials as described in this Section is strictly prohibited without the prior written consent of the copyright owner or licensee.
Feedback. If you submit input and/or suggestions (e.g. comments, questions, suggestion, material - collectively, “Feedback”) to us regarding problems with actual or proposed modifications or improvements to the Website or Spectrum Antimicrobials’ other products or services, no matter the method of submission, (e.g. call, video call, text message, email, fax, postal mail), you hereby grant Spectrum Antimicrobials an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, worldwide, royalty-free right to use such Feedback in any manner or purpose, including to improve the Website or in the creation of other products and/or services.
Medical Information. Vetricept products are intended for animal use only and are not intended for use by humans. Nothing on this Website should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your animal's health. If you are an owner of caregiver for an animal or pet, you should consult a veterinarian or other qualified animal health care professional regarding any questions you have about your animal’s or pet’s health or before making any treatment decisions. If you are a veterinarian or other qualified animal healthcare professional, you should not allow the content of this Website to substitute for your own medical judgment which you should exercise in evaluating the information on this Website.
Accuracy of Materials. The materials appearing on our Website may include technical, typographical, or photographic errors. We do not warrant that any of the Materials on our Website are accurate, complete or current and we may make changes to the Materials contained on our Website at any time and without notice, however, Spectrum Antimicrobials does not make any commitment to update the Materials.
Indemnity. You agree to indemnify and hold Spectrum Antimicrobials and (where applicable) Spectrum Antimicrobials’ parent(s), subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Spectrum Antimicrobials by any third party due to or arising out of or in connection with your use of the Site.
Disclaimer; No Warranty. Spectrum Antimicrobials, Spectrum Antimicrobials’ subsidiaries, parents, affiliates, officers, directors, employees, and Spectrum Antimicrobials’ suppliers provide Spectrum Antimicrobials’ Website “as is” and without any warranty or condition, express, implied or statutory. Spectrum Antimicrobials, Spectrum Antimicrobials’ subsidiaries, parents, affiliates, officers, directors, employees, consultants and Spectrum Antimicrobials’ suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. Further, Spectrum Antimicrobials does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on the Website or otherwise relating to such Materials or on any Sites linked to our Site. In addition, no advice or information (oral or written) obtained by you from Spectrum Antimicrobials shall create any warranty. Some states do not allow the disclaimer of implied warranties; therefore, the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights. You may also have other legal rights which may vary from state to state.
Limitation of Liability. In no event shall Spectrum Antimicrobials, and (where applicable) Spectrum Antimicrobials’ subsidiaries, parents, affiliates, officers, directors, employees, consultants or Spectrum Antimicrobials’ suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Site, Spectrum Antimicrobials’ services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages. Some states do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitation or exclusion may not apply to you.
No Guarantee. Spectrum Antimicrobials does not guarantee continuous and/or uninterrupted access to the Website, and operation of the Website may be interfered with by numerous factors outside Spectrum Antimicrobials’ control.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: FitzGerald Yap Kreditor LLP, Attn: Lynne Bolduc, 2 Park Plaza, Suite 850, Irvine, California 92614.
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.
General. You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offerings on our Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Contact Information. You can reach Spectrum Antimicrobials by sending correspondence to Spectrum Antimicrobials, Inc., 1770 Corporate Circle, Petaluma, California 94954.