thespecdept.com

TERMS and CONDITIONS

This is a legal agreement between You and Vertis, Inc. Carefully read all the terms and conditions of this agreement. If you do not agree to these terms and conditions, contact us at 1-888-593-5400 to have your membership cancelled.

Welcome to TheSpecDept.com. Vertis, Inc., its parents, subsidiaries and affiliated companies, (collectively "Vertis") provide this web site and the site's content (collectively the "Site") to you subject to compliance with the notices, terms and conditions set forth below and elsewhere on the Site ("Terms of Use"), as well as all applicable laws. Any use of the Site constitutes acceptance, without limitation or qualification, of all of the Terms of Use. Vertis reserves the right, at its discretion, to change the Terms of Use. Please check the Terms of Use periodically at www.thespecdept.com for changes. Your continued use of the Site following the posting of changes to the Terms of Use constitutes acceptance of those changes.

USE OF SITE

As a visitor to the Site, you are free only to browse and view the Site. You agree not to use, reproduce, duplicate, copy, sell, rent, resell, download or otherwise exploit the Site or any portion of this Site for any purpose that is not expressly permitted by Vertis.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Vertis respects the intellectual property of others, and requests that its content partners and those posting to the Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:

1. your name, address, telephone number, and email address;
2. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. an identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vertis to locate the material;
5. information reasonably sufficient to permit Vertis to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, and
6. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our agent for notice of claims of copyright infringement on this site can be reached as follows:

By mail:
Vertis, Inc.
Attn: Daniel Piedra
2004 McGaw Avenue
Irvine, CA 92614

This contact information is only for reporting copyright infringement. Contact information for other matters is found below.

PRIVACY

"Cookies" are used in connection with the Site. A cookie is a small amount of identifier data that is sent to your browser from a web server and stored on your computer's hard drive. Generally, Vertis may use cookies to: (a) remind it of who you are and (b) to estimate its audience size. By determining the nature and extent of repeat usage, Vertis will be able to (i) target information to you based upon your interests and behaviors and (ii) measure certain traffic patterns to understand how users' habits are similar or different from one another. Vertis may share the foregoing information from time to time with a subsidiary, affiliate, third parties providing services on its behalf, sponsors of certain promotions or a partner company.

Vertis may also disclose the foregoing information when Vertis has reason to believe, in its sole discretion, that disclosing such information is necessary to identify, contact or bring legal action to enforce any of Vertis' rights, including against you or a third party for (a) violation of the Terms of Use, (b) causing injury to or interference with Vertis' rights or property. Vertis may disclose information when Vertis believes in good faith that the law requires it and for administrative and other purposes that Vertis deems necessary to maintain, service and improve our products and services and to protect our rights or property.

LINKS

Vertis may permit, or third parties may provide, links to their World Wide web sites or resources. Because Vertis has no control over such sites and resources, you acknowledge and agree that Vertis is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that Vertis is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any such site or resource. You further acknowledge and agree that Vertis shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any such site or resource.

TERMINATION

You agree that Vertis, in its sole discretion, may terminate your access to and/or use of the Site at anytime, and without notice. Further, you agree that Vertis shall not be liable to you or any third party for any termination of your access to and/or use of the Site.

PROPRIETARY RIGHTS

You acknowledge and agree that all images, templates and other information and material found on the Site and all intellectual property rights relating thereto are owned by either Vertis or third parties and contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all images, templates and other information and material found on the Site are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws.

TRADEMARK INFORMATION

VERTIS™, THE SPECDEPT.COM™, and other Vertis logos and product and service names are proprietary trademarks of Vertis, its subsidiaries and affiliates (the "Marks"). In addition, Vertis licenses from third parties the rights to use their marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner.

INDEMNIFICATION

Visitor. You agree to indemnify and hold harmless Vertis, its subsidiaries and other affiliates, and their officers, directors, shareholders, employees, suppliers, contractors, co-branders or other partners, agents and employees, from any and all liabilities, demands, claims, or expenses, (including without limitation attorneys' fees) made by any third party due to or arising out of anything you submit or transmit to the Site, your use or misuse of the Site, your violation of the Terms of Use, or your violation of any applicable laws. Vertis reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification by you, in which event you agree to cooperate with Vertis in asserting any and all available defenses.

Vertis. If you receive a claim that the use of the Site or any item of the Site (collectively referred to as “Site Content”) as provided for in this Agreement, infringes a U.S. patent, copyright, or other intellectual property right, Vertis will at its own expense and option
(1) settle or defend against such claim;
(2) procure for you the right to use the Site Content as provided for in this Agreement;
(3) modify the Site Content or replace or modify such item of the Site Content to avoid infringement; or
(4) remove the infringing item and refund the fee or payment for such item. Provided such timely notice has been give by you, should any court of competent jurisdiction hold the use, as provided for in this Agreement, of the Site Content consisting of or derived from the Ad Templates, Special Section Covers, Business Builders or Graphics portions of the Site to constitute infringement, we will pay any costs and damages finally awarded on account of such infringement and, if the use, as provided for in this Agreement, of such Site Content consisting of or derived from the Ad Templates, Special Section Covers, Business Builders or Graphics portions of the Site is enjoined, we will take, at our option, one or more of the actions described in Items 2 through 4 of this Section. With respect to any item of the Site Content or part of the Site Content from any other portion of the Site, only the indemnity, if any, given by the developer will apply and we will have no obligation of indemnification with respect thereto, unless such infringement solely relates to your viewing of such Site Content as provided in this Agreement. The foregoing indemnity will not apply to use of the Site Content outside the scope of this Agreement. The remedies in this Section constitute your sole and exclusive remedies and our entire liability with respect to infringement. To receive the foregoing indemnity, you must notify Vertis in writing of a claim or suit promptly and provide reasonable cooperation and full authority to defend or settle the claim or suit. Vertis shall not have any obligation to indemnify you for any settlement made without our written consent.

INTERNATIONAL USE

Vertis makes no representation that the Site is appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site may be illegal is prohibited. If you chose to access and/or use the Site from locations outside the United States, you are responsible for compliance with local laws.

NOTICE

Notice to Vertis should be mailed to Vertis, Inc., 2004 McGaw Avenue, Irvine, CA 92614Attention: Daniel Piedra, Product Manager

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS-IS" AND VERTIS ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE INCLUDING BUT NOT LIMITED TO THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. VERTIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) VERTIS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE AD TEMPLATES ARE DESIGNED TO COMPLY WITH ANY LOCAL, STATE OR FEDERAL RULES, LAWS OR REGULATIONS, FOR EXAMPLE AND NOT BY WAY OF LIMITATION, COMPLIANCE WITH LAWS RELATED TO FONT TYPE SIZE OF LEASE LANGUAGE IN AUTO AD TEMPLATES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) ANY DEFECTS OR ERROS WILL BE CORRECTED; OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE (AUTHORIZED OR UNAUTHORIZED) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VERTIS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

LIMITATIONS OF LIABILITY

YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL VERTIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM ITMES THAT INCLUDE BUT ARE NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VERTIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

GENERAL INFORMATION

The Terms of Use constitute the entire agreement between you and Vertis concerning your use of the Site, superseding any prior agreements between you and Vertis related to the subject matter hereof. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and contracts that may apply when you use affiliate services, third party content or third party software. The Terms of Use and the relationship between you and Vertis shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and Vertis agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Baltimore, State of Maryland. The failure of Vertis to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

VIOLATIONS

Please report any violations of the Terms of Use to our customer service.

The parties acknowledge that they have required that these Terms of Use be prepared and provided in English. Les parties reconnaissent qu'elles ont exige que la presente convention soit redigee in anglais.