Thank you for visiting Spencer’s Route 46. The Spencer’s Route 46 Web site has been made available to you subject to your compliance with the terms and conditions set forth below (the “Conditions of Use”). Please read this document carefully before accessing or using the Spencer’s Route 46 Web site. By accessing or using this Web site, you are agreeing to be bound by the Conditions of Use. If you do not wish to be bound by the Conditions of Use, you may not access or use the Web site.
Modification of these conditions of use
Spencer’s Route 46 reserves the right to change the terms, conditions and notices at any time, and such modifications shall be effective immediately upon posting of such changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the Spencer’s Route 46 Web site. Your continued access of this Web site shall be deemed your conclusive acceptance of the modified agreement.
When you visit Spencer’s Route 46 or send e-mails to us, you are communicating with us electronically, and thereby consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Copyright and licenses
The entire contents of this Web site, including but not limited to: Text, graphics, logos, button icons, movies, images, audio clips, digital downloads, data compilations and software, are the property of Spencer’s Route 46 or third-parties which have granted use by means of license purchase, its content suppliers or its clients and are protected by Domestic and International copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the Web site contents without the prior express written consent of Spencer’s Route 46.
License and web site access
This Web site or any portion of this Web site may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purpose without the express written consent of Spencer’s Route 46. You may not frame, or use any framing techniques to enclose any trademark, logo or other proprietary information (including images, text, movie, page layout or form) of Spencer’s Route 46 without the express written consent of Spencer’s Route 46. You may not use META tags or any other “hidden text” which utilize Spencer’s Route 46 or any other derivative of our domain or company name without the express written consent of Spencer’s Route 46. You are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of Spencer’s Route 46 so long as the link does not portray any false, misleading, derogatory or otherwise offensive matter.
It is further understood and agreed that Spencer’s Route 46 cannot and does not guarantee or warrant that files made available for downloading through the Spencer’s Route 46 Web site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through Spencer’s Route 46 are free from such contaminations.
Disclaimer of warranty/limitation of liability
This Web site and related information is provided by Spencer’s Route 46 on an “as is” and “as available” basis. Spencer’s Route 46 makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this web site or the information, content, materials or products included on this Web site. You expressly agree that your use of this web site is at your sole risk.
To the full extent permissible by applicable law, Spencer’s Route 46 disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. Spencer’s Route 46 does not warrant that this web site, its servers, or e-mail sent from Spencer’s Route 46 are free of viruses or other harmful components. Spencer’s Route 46 will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.
Spencer’s Route 46 uses reasonable efforts to include accurate and up-to-date information on this web site. Spencer’s Route 46 assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, Spencer’s Route 46 shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
Third party links
Linked Web sites are not under the control of Spencer’s Route 46 and Spencer’s Route 46 is not responsible for the contents of any linked site or any link contained in a linked site. Spencer’s Route 46 provides links to you only as a convenience, and the inclusion of any link does not imply or constitute an endorsement by Spencer’s Route 46 of the site.
Any dispute relating in any way to your visit or access of the Spencer’s Route 46 Web site shall be submitted to binding arbitration.
You agree to indemnify, defend and hold harmless Spencer’s Route 46, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third-party information provider to the Web site from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the Spencer’s Route 46 Web site.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Spencer’s Route 46‘s failure to insist upon or enforce strict performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Conditions of Use. Spencer’s Route 46 may assign its rights and duties under these Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void or, for any reason, unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.