Welcome to SpeakMeister and SpeakMeister.com, the online and interactive professional service for personal improvement, operated by eResource LLC (“SpeakMeister”).
By using the SpeakMeister Website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”). If you wish to become a Member and make use of the SpeakMeister products and services (the “Service”), read these Terms of Use, follow the instructions in the Registration process, and click on the “I have read the terms and conditions” button (as prompted during registration, payment processing, or enrollment). These Terms of Use are binding on all users of the Website, whether or not they have clicked on the “I have read the terms and conditions” button or expressly consented (in writing). These Terms of Use are subject to change by SpeakMeister at any time, effective upon posting on the SpeakMeister.com website, and your use of the Service after such posting will constitute acceptance by you of such changes.
PLEASE CAREFULLY REVIEW THESE TERMS OF USE AS THEY CONSTITUTE AN ONGOING CONTRACT BETWEEN YOU AND SpeakMeister.
This website (SpeakMeister.com) and its associated SpeakMeister products and services are provided to you by eResource, LLC (“SpeakMeister”). This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. By using, visiting or browsing SpeakMeister.com, becoming a member or purchasing a product from SpeakMeister, you agree to be bound by all of the following terms and conditions, whether you read them or not. Additional products and services offered through the Website may necessitate additional terms or changes to these terms and conditions. SpeakMeister reserves the right, with or without notice, to change these Terms of Use in its sole and absolute discretion. The most current version of these Terms of Use supersedes all previous versions and can be viewed by clicking on the “Terms” link located at www.SpeakMeister.com. You at all times accept personal responsibility for keeping yourself apprised of the most current and/or recently enacted Terms. You shall periodically refer to these Website Terms for the updated terms and conditions. To withdraw your assent, please send an email to mailto:[email protected]. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and router or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
BETA TEST WARNING: SpeakMeister.com is currently in BETA version and undergoing BETA testing. You understand and agree that SpeakMeister.com may contain software bugs, suffer disruptions and not operate as intended or designated. Your use of this website while it undergoes BETA testing signifies your understanding of and agreement to participate in that testing.
About SpeakMeister and SpeakMeister.com’s Membership
SpeakMeister supplies personal improvement products and services through its website SpeakMeister.com. To become a member and receive SpeakMeister products and services, you are required to submit a completed registration form (“Registration Form”) by using the “Sign Up” link accessible from the SpeakMeister Website. You are solely responsible for and you agree to provide true, accurate and complete particulars and information in your Registration Form; SpeakMeister shall not be responsible for the consequences of any of your particulars or information being incomplete or inaccurate. You are responsible for keeping your Profile and Account information updated.
1. Membership
As a Member, you will have the ability to participate in some, but not all, of the features and services available within the Service. Upon becoming a Premium member, you gain access to premium features and you become responsible for paying periodic subscription fees according to the then current billing terms. Subscription fees are non-refundable. The subscription is ongoing until canceled by the member or terminated by SpeakMeister.
In some cases, your registration may be pending review by the third party (e.g., PayPal as payment processor) who administers the part of the SpeakMeister website relevant to you. Until you make payment and receive confirmation, you will not have access to the premium areas of the SpeakMeister website. SpeakMeister makes no guarantee that your registration and/or payment will be approved or otherwise confirmed in a timely manner or that you will be registered at all. Under no circumstances shall SpeakMeister be held responsible for delayed or withheld approval of your registration.
2. Term
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership and/or subscription at any time, for any reason, by going to “Account,” then “Account Settings” and click the “Cancel Account” link at the bottom of the page. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period (that is, the subscription period through which you had paid prior to your termination). SpeakMeister may terminate your membership and/or subscription by sending notice to you at the email address you provide in your Account. If SpeakMeister terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole and absolute discretion of SpeakMeister. SpeakMeister is not required to provide you notice prior to terminating your membership and/or subscription. SpeakMeister is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
3. Subscriptions; Charges on Your Account
By subscribing to SpeakMeister, you are expressly agreeing that we are permitted to obtain your funds by directly charging your credit card or through PayPal. Payment will be by the use of a valid credit card or PayPal account. Unless as otherwise provided within the SpeakMeister Privacy Policy, neither your PayPal, credit card, nor any other financial account number you provide PayPal is currently retained in any of SpeakMeister’s records. Each time you pay for a product or service, or renew a membership subscription, you must follow the same payment procedure as outlined herein, including entering your credit card information or logging on to PayPal to transfer funds.
SpeakMeister uses an “auto-renewal” or similar automated billing process. A member will be billed a flat fee, plus any applicable sales tax, either once a month, annually, or every 2 years, depending upon the subscription plan selected. By starting your SpeakMeister’ membership, you are expressly agreeing that we will be authorized to charge you a membership fee and any applicable tax to the Payment Method you provided during registration (or to a different Payment Method if you change your account information in your “Account Settings”). As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method, which may include a checking account, if or when applicable. The membership fee will be billed monthly, annually, or every 2 years, depending upon the subscription plan chosen, on the same day of the month which you became a member until you cancel your premium subscription or it is canceled.
The current membership fees are posted on the SpeakMeister website. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes on the website or in email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information with PayPal. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
3.1 General. SpeakMeister bills you through an online account (your ” Account”) for use of the Service. You agree to pay SpeakMeister all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Account, and you authorize SpeakMeister to charge your chosen payment provider (your “Payment Method”) through PayPal for the Service. You agree to make payment using that selected Payment Method. SpeakMeister reserves the right to correct any billing errors or mistakes that it makes, even if it has already requested or received payment.
3.2 Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. SpeakMeister MAY SUBMIT PERIODIC (E.G., MONTHLY, ANNUALLY, OR EVERY TWO YEARS) CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST BY SpeakMeister) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE SpeakMeister REASONABLY COULD ACT ON YOUR TERMINATION REQUEST. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO your Account at https://speakmeister.com.
3.3 Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, PAYPAY ACCOUNT INFORMATION, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY PAYPAL IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTP://WWW.PAYPAL.COM. IF YOU FAIL TO PROVIDE PAYPAL ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT SpeakMeister MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY SpeakMeister).
3.4 Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method (the “Payment Method Provider”). If SpeakMeister does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your Account upon demand.
3.5 Change in Amount Authorized. If the amount to be charged to your Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and SpeakMeister shall provide, notice of the amount to be charged and the date of the charge at least ten days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. You agree that SpeakMeister may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of any billing cycle.
3.6 Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that SpeakMeister is authorized to charge your Payment Method. SpeakMeister may submit regularly occurring charges for payment and you will be responsible for such charges. This does not waive SpeakMeister’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
4. Changes in Membership Plans
A member may change plans at any time, but no more than once a month. No refunds for partial months of use will be credited. SpeakMeister provides assistance and guidance through its customer service representatives. When communicating with our customer service representatives, you may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our customer service representatives or other employees is at any time improper, we reserve the right to immediately terminate your membership or subscription without refunding any unused subscription fees.
SpeakMeister reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SpeakMeister shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
5. Refund and Cancellation Policy
In general, all sales are final. SpeakMeister has a strict policy of no refunds and no cancellations. Once you purchase a subscription, product or service, you are legally responsible for payment. No refunds will be granted unless otherwise specified within these Terms of Use.
For courses, workshops or coaching, pro-rated refunds and/or make-up sessions are not available for days absent or as a result of sessions not being fully utilized. Private coaching arrangements may be available under these circumstances. Private coaching charges will apply.
6. Your PayPal Account.
While at this time SpeakMeister only accepts PayPal for payment of its coaching and SpeakMeister products and services, it may be possible that at some time in the future, SpeakMeister may expand its payment methods to include other providers. You must have a PayPal account to subscribe or purchase products or services (“Customer”) on this SpeakMeister website. Customers must have sufficient funds available in their account to fully pay for the total cost of any transaction they want to make. Customers may not engage in a transaction if they do not have sufficient funds in their account. If a customer initiates a transaction, PayPal (or our other/future processor) will transfer the money from your account into SpeakMeister’s PayPal account. SpeakMeister, however, is NOT responsible for your use of the PayPal service. You must resolve any disputes directly with PayPal.
Your subscription may be canceled at any time by contacting us. These cancellations take effect once that billing cycle has ended, but must be received before the next billing cycle. If received after the beginning of the next billing cycle you will be charged in full for that month (e.g., if you pay for the month of May and cancel on May 15, you will be able to use the SpeakMeister site until the end of May). WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS.
IF YOUR ACCOUNT IS TERMINATED FOR ANY REASON, THE CONTENT THAT YOU HAVE POSTED MAY NO LONGER BE AVAILABLE. SpeakMeister RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO STORE OR KEEP COPIES OF YOUR MATERIALS OR CONTRIBUTIONS, UNLESS OTHERWISE REQUIRED BY LAW OR COURT ORDER.
7. Invitations and Special Offers
Invitations and special offers are available only for first-time SpeakMeister members or subscribers, unless otherwise expressly stated in the offer. Each promotion code cannot be combined with any other offer(s). Offers are not transferable and are void where taxed or otherwise prohibited by law. Once redeemed, all promotional offers are final and are not eligible for refund or return.
Any free trial or other promotion that provides premium member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee for subsequent periods. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please email [email protected] to have the charges reversed.
8. Private/Individual Coaching Plans and Coaching Schedules
You may schedule private coaching and/or through other SpeakMeister products and services through our website, using your login ID and password.Each Coaching session is a minimum fifteen (15) minutes, payable in advance at time of scheduling. It is your (the participant’s) responsibility to ensure sufficient blocks of time are purchased and scheduled. SpeakMeister shall maintain a time log of each private Coaching session and shall only apply time used for each session based upon each completed 15-minute session or portion of 15-minute session used. If, as example, you purchase and schedule a 30-minute session but only use 14 minutes, you will be assessed only 1 15-minute session and will be eligible to rescheduled the remaining 15-minute session at another time, without additional cost. Alternatively, if you purchase and schedule a 30-minute session but only use 21 minutes, you will be assessed for the full 30-minutes. If the Coaching session may exceed the amount of time purchased, SpeakMeister will make reasonable allowance for you to purchase additional blocks of time and continue that original session with the original coach.
Session booking is on first come first served basis, availability of a specific coach for desired dates and times or for any date and time cannot be guaranteed. Coaching participants are encouraged to book sessions well in advance to improve the chances of availability of coaches and time slots as per their choice.
Through the SpeakMeister website, a session can be reserved at any time up to 15 minutes before session start time, if coaching slots for the session are available.
The Coaching participant is required to join a scheduled session on or before the scheduled time, through the SpeakMeister website. The coach will wait for a maximum of ten (10) minutes beyond the scheduled session start time. In case the participant does not show up, the coach will leave the session, the session will be forfeited and the participant would be liable to pay for the same.
For any technical or operational reason, if SpeakMeister needs to cancel or reschedule a scheduled Coaching session, SpeakMeister shall make reasonable effort to inform the participant via email as soon as possible, and propose alternate schedules or coaches as necessary. If the participant and SpeakMeister fail to agree on the rescheduling for a scheduled session cancelled by SpeakMeister, within a period of seven (7) days, the participant has a right to claim full refund of the already paid fee for the scheduled sessions cancelled by SpeakMeister.
Because of the intangible nature of coaching, there are no refunds provided for any reason other than technical or operational reasons on the part of SpeakMeister. Further, no refunds are given for verified deficiencies of the delivered Service that were caused by events outside the control of SpeakMeister, such as slow internet connections, weather, etc.
Neither SpeakMeister nor your coach will ever promise, shall not be obligated to, and will not 1) procure or attempt to procure employment, business or sales for the Coaching participant 2) perform accounting services, tax advising or investment counseling or 3) act as a therapist, provide psychological or psychiatric counseling or treatment, marriage or family counseling, medical treatment, or any other aspect of the healing arts.
The Coaching participant fully understands that Coaching and/or SpeakMeister products and Services are being provided with the understanding your Coach may not be licensed in any of these areas or even in your State.
9. Process Testing
SpeakMeister may, on occasion, perform tests of various elements of our processes. These tests may involve services, programs, pricing, or other issues. SpeakMeister reserves the right to determine which member(s), if any, takes part in these tests.
10. Communications
When you login to SpeakMeister, you are providing us permission to send you electronic communications from SpeakMeister, which may originate from any or all of the following domains: SpeakMeister.com or, possibly, paypal.com (as notification of invoice or payment received). The communications could include notices about your account, e-mails or other information. These communications are part of the interaction between you and SpeakMeister. You are agreeing that these communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
11. Member Disputes
You are solely responsible for your interactions with other SpeakMeister Members. SpeakMeister reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Non-commercial Use by Members
The Website is only for the personal use of individual Members and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may participate in Enterprise subscription plans and may form Group(s) or Club(s). Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of SpeakMeister, which may be revoked at any time, for any reason, in SpeakMeister’s sole and absolute discretion.
13. Account Security
You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify SpeakMeister of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SpeakMeister will not be liable for any loss or damage arising from your failure to comply with these provisions. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign in feature to your SpeakMeister account.
14. Interactions with Other Members
There are many dangers involved in dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other SpeakMeister users. SpeakMeister discourages you from publicly posting the following information on the Site: your full name, telephone numbers, email address, IM address and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Website. SpeakMeister expects that you will use caution and common sense when using the Website.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SpeakMeister DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES SPEAKMEISTER INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SPEAKMEISTER MAKES NO REPRESENTATION OR WARRANTY AS TO THE CONDUCT OF ITS MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT SPEAKMEISTER MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
15. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS WEBSITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND/OR SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS AND ON AN “AS AVAILABLE” BASIS. SPEAKMEISTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, OR SUCH SOFTWARE, PRODUCTS AND/OR SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS CONTENTS OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, SPEAKMEISTER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
IN NO EVENT SHALL SPEAKMEISTER, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT SPEAKMEISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you in subscription fees or $20, whichever is lesser. You agree to bring any and all actions within six (6) months from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
16. SPEAKMEISTER AND SUPPLIER INTELLECTUAL PROPERTY
SpeakMeister owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of SpeakMeister, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Copyright: All contents included on the SpeakMeister website and delivered to you as part of the SpeakMeister services are the property of SpeakMeister, its suppliers, or its advertisers, and are protected by United States and international copyright laws. The compilation of the content on this website is the exclusive property of SpeakMeister, and protected by U.S. and international copyright laws.
16.1 You acknowledge all Intellectual Property Rights of SpeakMeister website in each and any manner and also that the ownership of the contents of SpeakMeister Website vest with us. Any content on SpeakMeister is subject to copyrights, trademarks, and/ or other proprietary rights, and that these rights are valid, subsisting and protected in all forms, media and technologies existing now or hereinafter developed. All contents are copyrighted for which SpeakMeister is the sole and exclusive owner and SpeakMeister owns the copyright in the selection, coordination, arrangement, and enhancement of such content. You shall not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part, except explicitly permitted by SpeakMeister in writing . Unless otherwise expressly permitted, you may make use of recorded sessions only for your personal use, with the understanding that “personal use” means you will NOT share the recorded sessions with any others, whether members of your household/those with whom you reside or your school or workplace, or post or otherwise distribute the recordings to any non-SpeakMeister website. You shall not upload, post, reproduce, and/or distribute in any manner the contents without obtaining prior written permission of the owner of the copyright or other propriety right subject to those permitted by the fair use privilege as per the U.S. Copyright Laws.
You acknowledge that “SpeakMeister” is the trade name and trademark of eResource, LLC and any violation of the trademark or service mark in what so ever manner shall be treated as infringement and SpeakMeister at its discretion may initiate statutory and/or common law remedies.
16.2 Copyright Statement: © eResource, LLC. All rights reserved. The contents of the SpeakMeister or SpeakMeister.com web pages, including, but not limited to text, graphics, photographs, images, tags, logos, designs, formats, icons and/or layout arrangements are copyrighted materials possessed and owned exclusively by SpeakMeister and any unauthorized use of the words SpeakMeister, SpeakMeiste.comr, and/or logo shall be infringement of the trademarks and service marks of eResource, LLC. Unless as otherwise provided, you are not permitted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials in any manner and/or in any form for any other purposes and any contrary actions shall be treated as infringement and SpeakMeister reserves all rights to initiate appropriate civil and/or criminal action.
PayPal, Facebook, Twitter, and Google are the exclusive owners of their associated marks and other intellectual property content, and use of their services by SpeakMeister does not infer any subordinate right on your part.
16.3 NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT: If you believe any materials accessible on or from the SpeakMeister website infringe your copyright, you may request removal of those materials (or access thereto) from this SpeakMeister website by contacting SpeakMeister and providing the following information:• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.• Your name, address, telephone number and (if available) e-mail address.• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.• A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.• A signature or the electronic equivalent from the copyright holder or authorized representative.
SpeakMeister’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
16.4 Limitation on YOUR USE OF THE SPEAKMEISTER WEBSITE AND/OR SPEAKMEISTER PRODUCTS AND SERVICES AND INDEMNIFICATION OF SPEAKMEISTER.
The receipt of the services is personal to you and you may not transfer your rights to access the course materials or to receive the services to another person unless we have consented in writing to you to do so. Unless otherwise specified, the content on the SpeakMeister website is for your personal and non-commercial use and we grant you a limited license to access the SpeakMeister website for that purpose only. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the SpeakMeister website without our express written consent. Any unauthorized use of the SpeakMeister website or its contents will terminate the limited license granted by us.
You agree to use the SpeakMeister website and any associated service in accordance with all applicable laws, rules and regulations. SpeakMeister reserves the right to immediately terminate your limited license to utilize its website as a result of any unauthorized or illegal use, the contents of its website, and/or any associated service should SpeakMeister become aware of that unauthorized or illegal use. This right to terminate includes, but is not limited to, SpeakMeister’s right to terminate your membership if it determines member abuse of SpeakMeister’s policies and procedures.
16.5 Trademarks: SpeakMeister, SpeakMeister.com, all design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of SpeakMeister. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. SpeakMeister’s trademarks, service marks and trade dress may not be used in any way (unless that use is a permitted Fair Use under the law of the United States) without prior written approval from SpeakMeister.
17. Reliance on Information
This Website may include inaccuracies or typographical errors that may be corrected as they are discovered at SpeakMeister’s sole discretion. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by SpeakMeister, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. SPEAKMEISTER DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN SPEAKMEISTER. UNDER NO CIRCUMSTANCES WILL SPEAKMEISTER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USER OF THE SERVICE.18. Changes to the Website
Changes may be made at any time to the information, names, text, software, images, pictures, logos trade-marks, products and services and any other material displayed on, offered through or contained on this Website.
19. Changes to Terms and Conditions
SpeakMeister may at any time, and at its sole discretion, modify these Terms and Conditions of Use, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms and Condition of Use periodically and your continued use of this Website following such modifications will indicate your acceptance of these modified Terms and Conditions of Use. If you do not agree to any modification of these Terms and Conditions of Use, you must immediately stop using this Website.
20. Blocking of IP Addresses
In order to protect the integrity of the Service, SpeakMeister reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.
21. Cooperation with Authorities and Courts
SpeakMeister will cooperate with legal authorities and private parties investigating claims of illegal activity. SpeakMeister’s cooperation may include identification of you and other data relating to the use of the website. If such information is requested, you hereby authorize SpeakMeister to release any and all information, provided that it uses reasonable efforts to identify and provide you with notice of such request (if permitted by law).
22. International Use
By using SpeakMeister’s website and/or services, if you are located in the European Union, then you understand and consent to the processing of personal information in the United States.
Accessing materials, contents and services available on the Website from territories where such materials, contents and services are illegal is prohibited. If you choose to access the Website from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.
23. Export Control
SpeakMeister does not authorize the downloading or exportation of any software or technical data from this Website to any jurisdiction prohibited by the United States Export Laws.
24. Indemnification
You hereby agree to indemnify and to keep SpeakMeister and/or eResource, LLC, its directors, employees and agents fully and effectively indemnified against all actions, liabilities, costs, claims, losses, damages, proceedings and/or expenses (including all legal fees and costs, on a full indemnity basis) suffered or incurred by SpeakMeister and/or eResource, LLC, in connection with or arising from your use of the tutorials or related material, access to the SpeakMeister website and dealings with SpeakMeister, including, but not limited to:
(a) any infringement of third party intellectual property rights or any tortious or criminal liability in connection with the course/coaching/empowerment tutorials, recordings, and/or other content;
(b) any unauthorized use of your Login Username and/or Password;
(c) any breach or non-observance of any of these terms and conditions by you; and
(d) your use of this Website and associated services including transmission or placement of information or material by you on this Website.
This provision shall survive the termination of your right to use this website and/or your status as a SpeakMeister member.
25. Privacy
Use of the Website and/or the Service is also governed by our Privacy Policy. Further, any information submitted on the SpeakMeister website(s) is subject to our Privacy Policy, the terms of which are incorporated herein at www.SpeakMeister.com/policy.
26. Right to Terminate
SpeakMeister reserves the right to terminate or restrict your use of its website or any services it provides, without notice, for any reason, or no reason whatsoever. However, this does not mean that SpeakMeister has undertaken an obligation to supervise or police your activity on its Website.
27. Third Party Content
In addition to its proprietary information and content, SpeakMeister may distribute content supplied by third parties. In that regard, SpeakMeister is not a publisher. SpeakMeister has no more editorial control over content supplied by third parties than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including third party content providers, advertisers, merchants, sponsors, licensors, or any other user of SpeakMeister or any of the SpeakMeister Clubs are those of the respective authors or distributors and not of SpeakMeister or its affiliates, or any of their respective officers, directors, employees or agents. SpeakMeister does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. It is your sole responsibility to evaluate the information, opinion, advice, and/or any other content available through SpeakMeister.
28. Use of Information Submitted
SpeakMeister may use anything you send or communicate to SpeakMeister, including questions, comments, information, ideas, concepts, or reviews, without compensation or acknowledgement. By posting any content on the SpeakMeister Website, or otherwise communicating that content to SpeakMeister, you grant SpeakMeister a non-exclusive, irrevocable and perpetual license to use that content royalty-free, throughout the universe in any media, software or technology of any kind now existing or to be developed in the future.
29. Content Posted by You on SpeakMeister.com
a. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You agree not to post on the Service, or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You agree not to provide inaccurate, misleading or false information to SpeakMeister or to any other Member. If information you provided to SpeakMeister or another Member subsequently becomes inaccurate, misleading or false, you will promptly notify SpeakMeister of such change.
b. You understand and agree that SpeakMeister may review and delete any content, messages, double-blind emails, photos or profiles (collectively, “Content”) that in the sole judgment of SpeakMeister violate this Agreement or which might be offensive, illegal, or that might harm, violate the rights of, or threaten the safety of Members.
c. By posting Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to SpeakMeister, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by SpeakMeister will not infringe or violate the rights of any third party.
d. The following is a partial list of the types of Content that are illegal or prohibited on the Website. SpeakMeister reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;• harasses or advocates harassment of another person;• involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;• promotes the illegal or unauthorized duplication of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;• provides instructional information about illegal activities such as making or buying illegal weapons, violating any person’s privacy, or providing or creating computer viruses;• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or• promotes commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f. You may not include in your Member profile any telephone numbers or street addresses.
g. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Members. Although SpeakMeister cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
h. All information you include in your Member profile must be accurate, current and complete.
30. Prohibited Activities.
SpeakMeister reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial list of the types of actions that you may not engage in with respect to the Service.
• You may not impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity.• You may not “stalk” or otherwise harass any person.• You may not express or imply that any statements you make are endorsed by SpeakMeister without our specific prior written consent.• You may not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.• You may not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.• You may not remove any copyright, trademark or other proprietary rights notices contained in the Service.• You may not interfere with or disrupt the Services or the Website or the servers or the computer networks connected to the Services or the Website.• You may not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.• You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.• You may not “frame” or “mirror” any part of the Service or the Website, without SpeakMeister’s prior written authorization. You also may not use meta tags or code or other devices containing any reference to SpeakMeister or the Service or the site in order to direct any person to any other web site for any purpose.• You may not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
31. Electronic Communications
You consent to receive electronic communications from SpeakMeister and SpeakMeister.com. You agree that any communication, notice, agreement, or disclosure that we send to you electronically satisfies any legal communication requirements, including that such communications be in writing.
32. U.S. Export Controls
Software or certain course materials from this Website (the “Software”) are or may be subject to United States export controls. No Software or course materials may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
33. Choice of Law
The SpeakMeister website is controlled by SpeakMeister from its offices within the United States of America. SpeakMeister makes no representation that content in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so by their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to this SpeakMeister website, the services provided through this SpeakMeister website or the content shall be exclusively governed by the internal substantive laws of the State of California, unless provided otherwise by contract. Any claim against SpeakMeister shall be exclusively governed by the laws of the State of California. THESE TERMS AND CONDITIONS OF USE AND SERVICE ARE governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents, and by the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to these Terms and Conditions of Use and Service. You agree that SpeakMeister’s Services shall be deemed passive services that do not give rise to personal jurisdiction over SpeakMeister, either specific or general, in jurisdictions other than the State of Virginia. The Virginia Superior Court of Prince William County and/or the United States District Court for the Eastern District of Virginia, shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including any controversies or disputes related to SpeakMeister’s services or these Terms and Conditions of Use and Service. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in Virginia for the resolution of any disputes arising from these Terms of Use, use of the SpeakMeister Coaching and SpeakMeister products and website, purchase of SpeakMeister products, and/or use of SpeakMeister’s services.
34. Miscellaneous
34.1 If any term contained herein is determined to be unlawful, void or unenforceable for any reason, that term will be deemed severable from the whole, and will not affect the validity and enforceability of any remaining provisions, or the agreement as a whole. These Terms of Use and SpeakMeister’s Privacy Policy (incorporated herein) constitute the entire agreement among or between the parties relating to this subject matter.
34.2 Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms and Conditions of Use and Service, and will not be deemed to limit or affect any of the provisions hereof.
34.3 Severability: If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected.
You accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the Internet, including viruses.
We shall not be liable to you for any loss or damage whatsoever arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website.
34.4 Waiver: The failure of SpeakMeister to exercise or enforce any right or provision of these Terms and Conditions of Use and Service will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions of Use and Service will be effective only if in writing and signed by SpeakMeister.
34.5 Interpretation. The parties hereto acknowledge and agree that this Agreement represents the product of negotiations conducted in good faith and at arms-length and that this Agreement should not be interpreted in favor of or against any party because of such party’s ability or inability to control the drafting of this Agreement.
34.6 Survival. The obligations under this contract of both Parties shall survive termination of this agreement. The provisions of this Agreement which are intended to survive termination or are necessary to interpret the rights and obligations of the parties in connection with such termination, as well as all unpaid payment obligations, shall survive the execution of this Agreement and remain binding on the parties in accordance with the terms of this Agreement.
34.7 Notices and Communications:
(a) Any notice which is required to be given by you to SpeakMeister shall be in writing and shall be sent to SpeakMeister’s designated address. Any notice which SpeakMeister sends to you may be by hand, post, electronic or facsimile transmission, or electronic transmission through any of the products and services you use, and shall be deemed to have been received by you:
(i) if by hand, when delivered (to your last known address on SpeakMeister’s record);
(ii) if by post, two days following the posting;
(iii) if by electronic or facsimile transmission, when dispatched as confirmed by a report from the dispatching equipment, despite any evidence to the contrary; and
(iv) if by electronic transmission, when delivered.
(b) SpeakMeister will not be responsible if you fail to receive communications from SpeakMeister if such failure is due to:
(i) an error in your email program;
(ii) a wrong email address;
(iii) your not updating SpeakMeister of a change in email address; or
(iv) your failure to regularly check your e-mail or this Website.
(c) You agree to treat as conclusive evidence, and not to dispute the validity, accuracy or authenticity of, any evidence of your instructions and communications transmitted between yourself and SpeakMeister, including such evidence in the form of SpeakMeister’s computer records or transaction logs, magnetic tapes, cartridges, computer printouts, copies of any communication, any written statement by SpeakMeister’s members, directors, or officers confirming the posting of any notice or communication, or any other form of information storage.
SpeakMeister designated address: SpeakMeister, P.O. Box 1653, Woodbridge, VA 22195
34.8 Force Majeure: In the event that: (a) SpeakMeister is unable to observe or perform the terms of this Agreement; (b) access to the Website is blocked; and/or (c) SpeakMeister products and Services are suspended or made unavailable by reason of causes beyond its control including, but not limited to, equipment, system or transmission link malfunction or failure, fire, flood, explosion, acts of elements, acts of God, accidents, epidemics, strikes, lockouts, power blackouts or failure, labor disputes, legislative requirement, administrative order, court order or by any other causes which it cannot control or reasonably be expected to avoid, the performance of SpeakMeister’s obligations as affected by such causes shall be excused for the duration of the such events. SpeakMeister shall not be liable for any delay, loss, damage or inconvenience whatsoever caused or arising from or in connection with any one or more of the above-mentioned events. In the event that such events cause SpeakMeister to terminate the offering of SpeakMeister Coaching or other SpeakMeister products and offerings, SpeakMeister shall not be liable for any damage, costs or expenses, and shall not be required to refund any fees paid.
35. DISCLAIMERS.
35.1 General: SpeakMeister is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by SpeakMeister, users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service. SpeakMeister is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. SpeakMeister assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. SpeakMeister is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. Under no circumstances will SpeakMeister or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and SpeakMeister expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SpeakMeister cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
35.2 Medical: Coaching does not involve the diagnosis or treatment of physical or mental disorders as defined by the American Medical Association, American Psychiatric Association, American Psychological Association, Medicare and Medicaid. Coaching is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. Coaching is not to be used it in place of any form of diagnosis, treatment or therapy. Coaching is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals.
The information, instruction or advice given by any SpeakMeister Coach is not intended to be a substitute for competent professional medical or psychological (mental) diagnosis, treatment and care. Coaching participants should not discontinue or modify any medication or therapy presently being taken pursuant to medical advice, without obtaining approval from your healthcare professional. If a Coaching participant suspects a medical condition they should always seek medical attention from a/their personal physician or find the appropriate health care professional to evaluate their complaints. As a Coaching participant, you must take complete responsibility for your own physical health and emotional well-being.
Coaching and the this website are not a substitute for you seeking expertise from specialist in the following fields: all medical, physical and mental health specialties and conditions, psychology and psychological counseling, wellness, therapeutic interventions (including spiritual and/or religious beliefs), diagnostic procedures and screenings, any form of physical or mental health counseling or treatment, or evaluation and treatment from professionals of the healing arts. It is up to you to independently assess any decisions, actions or inactions, resulting from or relating to the website or a coaching experience. Coaching and the website are not a substitute for advice and/or representation from professionals for legal, financial, tax, personnel, personal, religious, or spiritual. It is up to you to independently assess any decisions, actions or inactions resulting from or relating to the website or a coaching experience.
ALL DECISIONS IN THESE AREAS ARE EXCLUSIVELY THE COACHING PARTICIPANT’S, AND THE PARTICIPANT’S DECISIONS AND ACTIONS REGARDING THEM ARE THE PARTICIPANT’S SOLE RESPONSIBILITY. THE COACHING PARTICIPANT IS FULLY RESPONSIBLE FOR THE PARTICIPANT’S PHYSICAL, MENTAL AND EMOTIONAL WELL-BEING DURING THE COACHING TRAINING SESSIONS, CHATS AND/OR CALLS, INCLUDING THE PARTICIPANT’S CHOICES AND DECISIONS.
COACHING PARTICIPANT HEREBY WAIVES ANY AND ALL CLAIMS AGAINST THE COACH, ITS STAFF, DIRECTORS, OFFICERS, EMPLOYEES, ASSOCIATES, SUBCONTRACTORS, VOLUNTEERS, AGENTS, AND OTHER MEMBERS THAT RELATE TO COACHING OR SpeakMeister PRODUCTS AND SERVICES OR THE CONSEQUENCES THAT MAY OCCUR AS A RESULT OF FOLLOWING THE ADVICE GIVEN.
35.3 Confidentiality. In general, all communications between Coaching participant and Coach are confidential. No information about any Participant will be released outside the sessions without the Participant’s permission. The EXCEPTIONS to confidentiality include, but are not limited to the following: (1) the Coach determines Coaching participant is a threat to himself or herself, or another person; (2) there is suspected abuse or neglect of a child, an elderly or disabled person; (3) Coaching participant is threatening to commit a crime; (4) there is a medical emergency; or (5) through a court order to disclose Coaching participant’s records. In the event of such a situation, SpeakMeister will make reasonable efforts to discuss it with Coaching participant before taking any action. Moreover, SpeakMeister may disclose any information from coaching sessions as required by applicable law as necessary or advisable to: (a) protect SpeakMeister’s rights, safety or property or the rights, safety or property of others; (b) enforce the Terms of Use and/or this agreement, including consultation(s) with counsel; (c) respond to your requests for customer service or other information; (d) comply with legal process or cooperate with law enforcement or governmental requests; or (e) comply with or as permitted by applicable laws and regulations.
36. Links.
The Service may provide, or third parties may provide, links to other Internet sites or resources. The SpeakMeister website may contain hyperlinks or banner advertisements that navigate a user to another website not controlled by, or affiliated with, SpeakMeister. In addition, other websites may link to the SpeakMeister website. SpeakMeister has not reviewed these websites and is not responsible in any way for these websites, or any of their content. Because SpeakMeister has no control over such sites and resources, you acknowledge and agree that SpeakMeister is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SpeakMeister 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 the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
37. Linked Accounts
SpeakMeister may permit you to associate a SpeakMeister username and password with your Facebook account, your Twitter account, your Google+ account, Instagram account, Yahoo! Account or LinkedIn Account (“Linked Accounts”). When you establish a linked account, you can sign into a linked account and automatically sign into SpeakMeister.com at the same time. SpeakMeister is not responsible for the operation or functionality of the linked acounts Google+ is a registered trademark of Google, Inc.; Facebook is a registered trademark of Facebook, Inc.; Twitter is a registered trademark of Twitter, Inc. Instagram is a registered trademark of Instagram, LLC, and LinkedIn is a registered trademark of LinkedIn Corporation.
38. No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
39. Self Help Industry Statutes
This Agreement and the Website are intended to comply with all State and federal laws governing self help services, to the extent that such laws apply. If any statute, law or ordinance creates any additional or different requirement than those contained in this Agreement, such statute, law or ordinance shall control.
40. NOTICES
a. Child Online Protection Act
Pursuant to 47 U.S.C. Section 230(d), as amended, SpeakMeister hereby notifies you that parental control protections (such as computer software, hardware and filtering services) are commercially available for you to purchase. These protections may assist you in limiting access to material that could be harmful to minors. Information about purchasing such protections is available at safesurf.com.
b. Collection of Children’s Information
SpeakMeister does not knowingly collect any personally identifiable information from children under the age of thirteen. The SpeakMeister website and its services are directed to adults, and when a user discloses personal information on this website, the user is representing to us that he or she is at least eighteen years of age.
41. ENTIRE AGREEMENT
YOU agree that this Agreement including the policies and agreements it refers to (i.e. the SpeakMeister Privacy Policy, Copyright Policy, Licensing Agreement, etc.) constitute the complete and only Agreement between YOU and SpeakMeister regarding the Services contemplated herein.
42. RELEASE OF LIABILITY AND INDEMNITY AGREEMENT REGARDING YOUR HEALTH AND SAFETY
In no event shall SpeakMeister be liable for any attorneys’ fees or 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 Service, including without limitation, bodily injury, emotional distress, breach of contract, or any other claim of any type or nature resulting from your use, communications or meetings with other registered users of the Service or persons you may meet through the Service.
a. The risk of injury from the events and activities involved in coaching programs offered through this Website is minimal, UNLESS I ignore the Disclaimers in Paragraph 39 and instead choose to seek coaching sessions in place of any form of diagnosis, treatment or therapy and/or intend coaching to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals; and,
b. These RISKS may be caused by my own actions or inactions, the actions or inactions of the RELEASEES named below involved in the coaching program and/or other SpeakMeister products and services, or the conditions in which the events and activities take place, including, but not limited to, those conditions and actions known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES named below, I voluntarily ASSUME FULL RESPONSIBILITY for the RISKS described for my participation in this training program; and,
c. I acknowledge and represent that to the best of my knowledge that I am qualified, in good health, and in proper physical condition to participate in such events and activities. I am currently not aware of any health or physical condition that would prevent me from participation in the events and activities in this coaching program; and,
d. I willingly agree to comply with the stated and customary terms and condition for participation. If however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of SpeakMeister immediately; and,
e. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE eRESOURCE, LLC, it officers, officials, agents, employees, and volunteers, and other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of the premises used for the events or activities, during the coaching program and/or SpeakMeister product or service (each considered one of the “RELEASEES”), FROM ALL LIABLITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, PARALYSIS, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY associated with my presence or participation in the events or activities during the coaching program(s) and/or SpeakMeister product(s) or service(s) to the fullest extent permitted by law. I further agree that I will INDEMNITY, SAVE, AND HOLD HARMLESS each RELEASEE from any claim or litigation that may be brought as a result of my participation in the events and activities of the training program, and will pay for all expenses, attorney fees, costs, loss, liability, and damage that may result from such claim or litigation; and,
f. If any of the paragraphs are determined to be invalid, it will not invalidate the remaining paragraphs of this Release of Liability, and Indemnity Agreement, and the remaining paragraphs shall survive and be binding.
BY CONTINUING TO ACCESS OR OTHERWISE USE THE SPEAKMEISTER AND/OR SPEAKMEISTER WEBSITE, I EXPRESSLY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, AND FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHT BY AGREEING TO AND ELECTRONICALLY SIGNING IT, AND AGREE TO AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT TO BE A COMPLETE RELEASE OF ALL LIABILITY IN RETURN FOR BEING ALLOWED TO PARTICIPATE IN THE COACHING SESSIONS OFFERED BY SPEAKMEISTER THROUGH THIS WEBSITE.
Effective Date: 30 July 2014
LICENSE AGREEMENT FOR SPEAKMEISTER’S E-LEARNING AND COURSE VIDEOS
YOU ARE NOT REQUIRED TO ACCEPT THIS AGREEMENT, SINCE YOU HAVE NOT SIGNED IT. HOWEVER, NOTHING ELSE GRANTS YOU PERMISSION TO USE SPEAKMEISTER’S E-LEARNING AND/OR COURSE VIDEOS OR THE SPEAKMEISTER.COM OR SPEAKMEISTER.COM/EDU WEBSITES OR ITS OR THEIR DERIVATIVE WORKS (THIS INCLUDES BUT NOT LIMITED TO ANY DOWNLOAD, INSTALLING, RUNNING, USING, VIEWING SOURCE CODE AND/OR ANY VIDEO IN THE COURSE VIDEO LIBRARY). THESE ACTIONS ARE PROHIBITED BY LAW IF YOU DO NOT ACCEPT THIS AGREEMENT. THEREFORE, BY USING ANY PART OF THE SPEAKMEISTER’S E-LEARNING AND/OR COURSE VIDEO LIBRARY OR THESPEAKMEISTER.COM OR SPEAKMEISTER.COM/EDU WEBSITES SOFTWARE (OR ANY WORK BASED ON SPEAKMEISTER’S TRAINING MATERIALS AND/OR INTELLECTUAL PROPERTY), YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND ALL ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS SPEAKMEISTER IS UNWILLING TO LICENSE ITS INTELLECTUAL PROPERTY (INCLUDING BUT NOT LIMITED TO E-LEARNING, ANY COURSE VIDEOS, OR THE WEBSITE SOFTWARE) TO YOU, AND YOU SHOULD DESTROY ALL COPIES YOU HOLD OF SPEAKMEISTER’S E-LEARNING MATERIALS, COURSE VIDEO(S) AND WEBSITE SOFTWARE AND ALL DERIVATIVE WORKS IMMEDIATELY.
SPEAKMEISTER RESERVES THE RIGHT TO CHANGE THE TERMS OF THESE LICENSE AGREEMENTS AT ANY TIME. Changes to the License Agreements will be announced on the speakmeister.com/edu website. Failure to receive notification of a change does not make those changes invalid. Current copies of the License Agreements will be available on this page.
Important: Please carefully read the terms and conditions of this License Agreement for SpeakMeister’s e-Learning and Course Video Library (“Agreement”) before you begin your course and/or checking the “Yes, I accept the License Agreement as specified within the speakmeister.com/edu website’s Terms and Conditions” in the “click-wrap” box. By accessing this course and/or checking the “Yes, I accept the License Agreement as specified within thespeakmeister.com/edu website’s Terms and Conditions ” button, you, as an individual, or on behalf of the company or institution set forth on the order form of which this Agreement is a part (“Licensee”), are agreeing to these terms and SpeakMeister, itself and on behalf of its subsidiaries (collectively, “SpeakMeister”) will permit users authorized hereunder to access and use the SpeakMeister e-Learning, course video(s) and related training materials (“E-Learning,” also “Training Materials” depending upon context) and Course Video Library (collectively, the “Training”) as selected on the order form. If you are accepting these terms on behalf of another person or company, you represent and warrant that you have full authority to bind that person or company to these terms.
By accepting this or any previous License Agreement from SpeakMeister, you have agreed to be bound by the terms and conditions of this Agreement and by that any subsequent agreement, and that there are no circumstances where deviation from the agreed terms and conditions is permissible. Please beware that failure to fulfill your obligations under the agreement could be seen as a breach of contract leading to termination of your license with SpeakMeister.
IF YOU DO NOT AGREE WITH THIS AGREEMENT DO NOT BEGIN THIS COURSE.
- LICENSE GRANT. The SpeakMeister e-learning, course video library, and/or the speakmeister.com/edu website software is licensed, not sold. This Agreement only gives you some rights to use the software. SpeakMeister reserves all other rights. You may use the licensed materials only as expressly permitted in this agreement. In exchange for Licensee’s payment of all applicable fees and compliance with all of the terms and conditions of this Agreement, SpeakMeister hereby grants Licensee a nonassignable, nontransferable and nonexclusive license to access and use the Training for the license period selected and paid for by Licensee.
- AUTHORIZED USERS.
2.1. Licensee will create a profile with a unique password for use in accessing the Training. Licensee acknowledges and agrees that the profile information and password are confidential and that Licensee may not provide the profile information or password to any other individual or entity.
2.2. Third parties may not access the Training under a remote computing services, timesharing, facilities management, outsourcing, or other such third-party access arrangements, even if contracts authorizing such use or access for other licensed products are in effect between Licensee and SpeakMeister. Licensee may not distribute the Training to any third party in modified or unmodified form. E-Learning and/or Course Videos may only be accessed via the speakmeister.com/edu website and Licensee may not save and reuse or otherwise access the Training offline without executing a separate agreement with SpeakMeister. Licensee may print screen pages for the individual use of Licensee. Licensee may not duplicate or reproduce the printed screens or distribute the printed screens to any other individual or entity. Licensee agrees to secure and protect the Training in a manner consistent with the maintenance of SpeakMeister’s rights therein.
2.3. Licensee may not (a) use the Training for the benefit of a third party in exchange for compensation; or (b) allow any party other than the Licensee to use or otherwise access the Training.
- TERM. Unless otherwise specified herein, the License shall be for a term of six (1) year, unless earlier terminated as provided herein. A License shall not be automatically renewed for successive terms; Licensee may purchase a new License at the expiration of the one (1) year term, and that and each subsequent renewed License will itself be for a term of one (1) year, or unless earlier terminated as provided herein. Licensor may terminate this License Agreement immediately without prior notice if you fail to comply or otherwise violate the terms of this License Agreement or any other applicable agreement, infringing the intellectual property rights of Licensor or any third party, manifestly endangering public order or good moral standards as determined by us in our sole discretion, or if Licensor is unable to verify or authenticate any information about you that you supply through the Training, Training Materials and/or the speakmeister.com/edu website, or any other activity connected to the Training or Service. We may also decide to terminate this License Agreement in the event that we terminate the operation of the speakmeister.com/edu website, e-learning and/or course video library. You may terminate this License Agreement at any time by destroying all copies of the Training in your possession or control, and informing Licensor in writing or by such means as may be implemented for such purposes by Licensor. Upon termination of this License Agreement, any and all of the rights granted to you hereunder shall automatically terminate. Promptly upon termination, you must cease all use of the Training and destroy all copies of the Training and all materials in your possession or control. You acknowledge and agree that the termination of this License Agreement or permanent deletion of the Training may render the Training, its attributes and/or any content you entered unusable, for which you will not hold Licensor in any way responsible.
- RESTRICTIONS; RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS; PROPRIETARY RIGHTS. The Training and Training Materials are protected by copyright, trade dress and other laws and may not be copied or imitated in whole or in part. Unless stated otherwise, all Content is Copyright 2014-2020. Cheryl Mathews. All rights reserved. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. This Agreement does not limit any rights that we may have under trade secret, copyright, patent, trademark or other laws. Except as otherwise expressly permitted in this Agreement, or in another Licensor agreement to which Licensee is a party, Licensee may not: (a) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Training and/or Training Materials, regardless of whether applicable laws specifically prohibit such restriction; (b) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Training and/or Training Materials; or (c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Training and/or Training Materials. Any products created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law. Title, ownership rights, and intellectual property rights in the Training and Training Materials shall remain in SpeakMeister and/or its assignee. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with SpeakMeister’s or its assignee’s ownership of or rights with respect to the Training and Training Materials. Licensee agrees to abide by United States and international copyright laws and treaties, and all other applicable laws and regulations including, but not limited to, export control laws and regulations. SpeakMeister reserves the right to update and revise the Training and/or Training Materials at any time in its sole discretion. Copyright and other proprietary rights notices in the Training and/or Training Materials shall not be deleted or modified. Licensee agrees to not reproduce or copy in any fashion any Training or Training Material and agrees not to use the name and logo of SpeakMeister for promotional, advertisement, or reference purposes in any written or oral presentations. All the material included in this course is copyright under the Laws of the United States. Licensee is prohibited from disseminating, copying in any manner and by any means, or videotaping the material used in this course. Licensee is prohibited from providing or sharing access to this course to other parties using the Licensee’s user name and password.
- TECHNICAL SUPPORT. During the term of the license granted hereby, SpeakMeister will use reasonable efforts, either by chat, telephone, or email, to help Licensee solve specific problems installing or using the Training. It may not be possible for SpeakMeister to solve all problems or correct all errors in the Training.
- EXPORT RESTRICTIONS. United States of America export laws and regulations apply to the Training and any underlying information or technology (“Controlled Material”). In addition to the prohibitions set forth elsewhere in this Agreement, Licensee may not access, download or otherwise export, re-export, import or distribute the Controlled Material except in full compliance with all laws and regulations of the United States of America and any other applicable laws and regulations. By accepting this Agreement, you agree to the foregoing and represent and warrant that (1) you are not a party to whom the United States of America prohibits access to the Controlled Material and (2) you are not located in, under control of, or a national or resident of any country to which export of the Controlled Material is restricted by the laws of the United States of America or other applicable laws and regulations, and (3) you will not share the Controlled Material with a party identified in this paragraph. You acknowledge and agree that the Training Materials are subject to restrictions and controls imposed by the Export Administration Act of 1979, as amended, and the Export Administration Regulations thereunder (“the Acts”). You agree and certify that neither the Training Materials nor any direct product thereof is being or will be used for any purpose prohibited by the Acts. You further agree and certify that neither the Training Materials nor any direct product thereof will be exported to [i] the following countries which are currently subject to U.S. trade embargoes: Cuba, Iran, Libya, North Korea, Sudan and Syria or [ii] persons or entities on the U.S. “Denied Persons List”, “Specially Designated Nationals List” and “Entities List”.
- TERMINATION. The Training will be accessible to Licensee for the selected license period immediately upon completion of Licensee’s order. This Agreement governs the use of the Training during all license periods. The license granted under this Agreement automatically terminates upon expiration of the selected license period, at which time the password will no longer operate. Licensee may terminate its license for the Training at any time. SpeakMeister may terminate the license for a breach of this Agreement. Further, either party may terminate this Agreement with or without any cause at any time. Upon termination of this Agreement Licensee agrees to destroy all copies or material obtained from this course, included all the material downloaded, back up copies, printed or written material, and derivative works of any kind.
- LIMITED WARRANTY.
8.1. SpeakMeister warrants it has the right to license the Training and/or Training Materials to Licensee. The exclusive remedy for breach of this warranty is set forth in Section 10.
8.2. SpeakMeister and its licensors disclaim all other warranties, express or implied, including, but not limited to, any implied warranties of merchantability and/or fitness for a particular purpose whether alleged to arise by law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, SpeakMeister and its licensors do not warrant or represent that the Training will result in compliance, fulfillment or conformity with laws, rules, regulations, requirements or guidelines of any governmental agency.
- INJUNCTIVE RELIEF. Licensee and SpeakMeister agree that in the event of any breach of this Agreement, SpeakMeister will be irreparably harmed and the full extent of injury resulting therefrom will be impossible to calculate. Thus, SpeakMeister will not have an adequate remedy at law. Accordingly, Licensee agrees that SpeakMeister will be entitled to injunctive relief, without bond or security or the need to prove irreparable harm, in addition to having an action at law for damages and all other relief the law may allow.
- ERRORS AND CORRECTIONS. SpeakMeister endeavors to provide accurate information on and through the courses.speakmeister.com website, but errors may occur and information may become out of date. SpeakMeister does not guarantee the accuracy, completeness, or timeliness of the information available on or through the courses.speakmeister.com website. SpeakMeister may in its discretion change the information available on or through the courses.speakmeister.com website at any time and from time to time without any notice or liability to you or any other person. You may obtain complete and up-to-date information regarding SpeakMeister Training and Course Video Library and/or services by reading any or all applicable notices posted on the courses.speakmeister.com website.
- DISCLAIMER OF WARRANTY. THE TRAINING AND/OR TRAINING MATERIALS ARE PROVIDED AS DERIVED FROM THE PROFESSIONAL EFFORTS OF SpeakMeister AND ITS DEVELOPMENT GROUP, AND, THEREFORE, ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED OR STATUTORY), AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY SpeakMeister TO THE FULLEST EXTENT PERMITTED BY LAW. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TRAINING AND TRAINING MATERIALS IS BORNE BY LICENSEE. FURTHER, THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. SHOULD THE TRAINING OR TRAINING MATERIALS PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT SpeakMeister (OR ITS ASSIGNEE) ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY TRAINING, TRAINING MATERIALS, OR SpeakMeisterCLUBS.COM WEBSITE, IF ANY, MAY HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE TRAINING OR TRAINING MATERIALS SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE TRAINING OR TRAINING MATERIALS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
YOU ARE SOLELY RESPONSIBLE FOR: (A) OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE/INTERNET SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO ACCESS AND USE THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE; (B) SCANNING FOR AND PREVENTING THE RECEIPT AND TRANSMISSION OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; AND (C) MAINTAINING A COMPLETE AND CURRENT BACKUP OF ALL OF THE INFORMATION CONTAINED ON YOUR COMPUTER SYSTEM PRIOR TO ACCESSING OR USING THE TRAINING, TRAINING MATERIALS, AND/OR THE SpeakMeisterCLUBS.COM WEBSITE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SpeakMeisterCLUBS.COM WEBSITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND SpeakMeister’S CONTROL. THE OPERATION OF THE SpeakMeisterCLUBS.COM WEBSITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SpeakMeister MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SpeakMeisterCLUBS.COM WEBSITE WILL BE AVAILABLE OR EITHER IT OR THE TRAINING AND/OR TRAINING MATERIALS WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE TRAINING, TRAINING MATERIALS, AND/OR THE SpeakMeisterCLUBS.COM WEBSITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE OR DERIVED FROM THE TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE ACCESS TO OR USE OF THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE; (F) THE ACCESS TO AND USE OF THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE ACCESS TO AND USE OF THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND SpeakMeister DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
THE ONLINE/E-LEARNING TOOLS (INCLUDING BUT NOT LIMITED TO TRAINING AND TRAINING MATERIALS) AVAILABLE ON OR THROUGH THE SpeakMeisterCLUBS.COM WEBSITE ARE FOR INFORMATIONAL OR GENERAL ILLUSTRATIVE PURPOSES ONLY, AND ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE OR TIMELY. THE INFORMATION AND RESULTS PROVIDED BY THE TRAINING, TRAINING MATERIALS AND/OR ONLINE TOOLS ARE BASED UPON ASSUMPTIONS, PROJECTIONS, AND DATA THAT MAY NOT BE CORRECT OR APPLICABLE TO YOUR PARTICULAR SITUATION AND/OR CIRCUMSTANCES.
- LIMITATION OF LIABILITY; LIQUIDATED DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SpeakMeister OR ITS ASSIGNEE, IF ANY, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE TRAINING MATERIALS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), ARISING FROM, CONNECTED WITH, OR RELATING TO THE ACCESS TO AND USE OF THE TRAINING MATERIALS OR THE SpeakMeisterCLUBS.COM WEBSITE BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY SpeakMeister OR ANY PERSON FOR WHOM SpeakMeister MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT SpeakMeister MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON. WITH THE EXCEPTION OF VERIFIABLE ACTS OF FRAUD OF SpeakMeister, THE LICENSEE AGREES TO HOLD HARMLESS THE SpeakMeister, ITS ASSIGNEES OR ITS RESELLERS.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE ENTIRE LIABILITY OF SpeakMeister TO LICENSEE OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, UNDER ANY PROVISION OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY SpeakMeister OR ANY PERSON FOR WHOM SpeakMeister IS RESPONSIBLE, EXCEED $25.00 (USD) OR IN THE AGGREGATE ONE-TENTH OF THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE TRAINING RECEIVED BY SpeakMeister UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WHICHEVER IS LESS.
IN THE EVENT THE AGREEMENT IS TERMINATED DUE TO LICENSEE’S BREACH OF ITS TERMS, LICENSEE AGREES THAT IT IS VIRTUALLY CERTAIN THAT SpeakMeister WOULD BE DAMAGED DUE THE UNAUTHORIZED COPYING, DISTRIBUTION OR REVERSE ENGINEERING OF THE TRAINING AND/OR TRAINING MATERIALS. ANY LICENSEE (OR ANY UNAUTHORIZED PERSON OBTAINING THE TRAINING AND/OR TRAINING MATERIALS VIA LICENSEE OR OTHER MEANS) THAT ALLOWS OR DOES REVERSE ENGINEER, DECOMPILE AND/OR DERIVE THE SOURCE CODE FOR THE TRAINING MATERIALS, SHALL BE LIABLE TO SpeakMeister IN LIQUIDATED DAMAGES IN THE AMOUNT OF $100,000.00 (USD), WITH INTEREST THEREON OF TEN PERCENT (10%), COMPOUNDED, FROM THE DATE OF LICENSEE’S BREACH. FURTHERMORE, IT IS SPECIFICALLY AGREED BY LICENSEE THAT THE LIQUIDATED DAMAGES SUM IS REASONABLE, AND A REASONABLE FORECAST OF DAMAGES AND ANY ARGUMENTS TO THE CONTRARY ARE WAIVED. FURTHERMORE, THE LICENSEE OR UNAUTHORIZED PERSON SPECIFICALLY AGREES THAT THE LIQUIDATED DAMAGES MAY BE COLLECTED BY CIVIL ACTION AND THE JUDGMENT MAY BE EXECUTED AND/OR COLLECTED IN ANY PLACE IN THE WORLD WHERE LICENSEE OR UNAUTHORIZED PERSON MAY HAVE MONEY OR PROPERTY SUBJECT TO ANY JUDGMENT, AND FURTHERMORE SPECIFICALLY WAIVES ANY NATIONAL OR INTERNATIONAL LIMITATIONS ON PERFECTING OR COLLECTING THE JUDGMENT. ADDITIONALLY, SpeakMeister SHALL BE ENTITLED TO REASONABLE ATTORNEYS’ FEES AND COSTS ASSOCIATED WITH ENFORCING ITS RIGHTS UNDER THIS AGREEMENT.
- RELEASE. YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE SpeakMeister FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR ACCESS TO AND USE OF THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE.
- INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SpeakMeister AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, PARTNERS (INCLUDING, WITHOUT LIMITATION, RESELLERS, INTERNET PORTAL PROVIDERS, AND MENTAL HEALTH INSTITUTIONS OR SERVICES THROUGH WHOM YOU MAY HAVE BEEN INTRODUCED OR PROVIDED ACCESS TO THE TRAINING MATERIALS, SERVICE, CONTENT, OR REPORTS), ADVERTISERS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE TRAINING, TRAINING MATERIALS AND/OR SpeakMeisterCLUBS.COM WEBSITE OR YOUR BREACH OF THIS AGREEMENT (INCLUDING VIOLATION OF ANY PERSON’S PROPRIETARY RIGHTS) BY YOU OR ANY OTHER PERSON ACCESSING THE TRAINING, TRAINING MATERIALS AND/OR THE SpeakMeisterCLUBS.COM WEBSITE USING YOUR ACCOUNT OR LICENSE KEY. YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY SpeakMeister, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE INCLUDED DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
- GOVERNING LAW; SUBMISSION TO JURISDICTION. This Agreement and any matters arising out of or relating to this Agreement shall be exclusively governed, construed, and enforced in accordance with the laws of the State of California, without giving effect to its conflict of laws principles. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement. The parties hereby submit to the personal jurisdiction of, and agree that any dispute or legal proceeding with respect to or arising under or related to this Agreement, whether for breach of contract, tortious conduct, or any other claim, shall be brought exclusively in the United States District Court, Eastern District of Virginia, Alexandria (located at 401 Courthouse Square, Alexandria, VA) or the state courts of the State of Virginia for the County of Prince William, which courts shall have exclusive jurisdiction to hear and decide any and all legal actions, suits or proceedings arising out of this Agreement, and BOTH PARTIES TO THIS AGREEMENT IRREVOCABLY CONSENT, ACCEPT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.
- INTERNATIONAL USERS. Due to website availability, the Training Materials can be accessed around the world and references to countries outside the United States of America (United States) do not imply that SpeakMeister intends to license the Training and/or Training Materials in your country. SpeakMeister controls, licenses, operates and administers the Training and Training Materials from the United States and makes no representation that the Software is appropriate or available outside the United States. SpeakMeister reserves the right to block access to the Training and/or Training Materials by certain international users. If the Licensee accesses the Training Materials from outside the United States, then the Licensee is responsible for compliance with all local laws.
- CONFIDENTIALITY. This Agreement governs all Materials which SpeakMeister has disclosed, produced, exchanged, or submitted to Licensee in connection with this Agreement or any Training and/or Training Material which has been printed, distributed and/or released during this course and included but not limited to any manuals, videos, digital material, or any material which has come into possession of Licensee from SpeakMeister, but does not constitute any agreement to produce any particular Training or Training Materials or waive any privilege in connection with such Materials. All material shall be used solely for the purpose of the educational service required under this Agreement and not for any business or other purpose whatsoever of Licensee. All Training and/or Training Materials shall not be disclosed to any person, firm or corporation for any purpose except as otherwise provided herein.
- REFUNDS. Licensee agrees that if you are not satisfied with the online course, you will contact SpeakMeister within 30-days from purchase and before completing the “Understanding the Causes” section. Please contact us at [email protected]and include the reason for your dissatisfaction.
- RESTRICTIONS ON TRANSFER OF TUITION/COST FOR COURSE ENROLLMENT. Licensee may not transfer the tuition paid for this course to another.
- PRIVACY. Licensee authorizes the transmission of his/her personal information to SpeakMeister in the United States. SpeakMeister stores and processes such information on computers located in the United States that are protected by reasonable physical and technological security safeguards. SpeakMeister does not sell or rent such personal information to third parties for marketing purposes without your consent, and it uses the information only as described in SpeakMeister’ Privacy Policy (see: https://speakmeister.com/privacy).
- FAIR ALLOCATION OF RISK AND LIABILITY. YOUR ACKNOWLEDGE AND AGREE THIS AGREEMENT REPRESENTS A FAIR ALLOCATION OF RISK AND LIABILITY.
- U.S. GOVERNMENT. The Training and/or Training Materials are a “commercial item,” as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. SpeakMeister, PO BOX 1653, Woodbridge, VA 22195.
- STATUTE OF LIMITATIONS. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN THREE (3) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- GENERAL.
24.1. This Agreement, the incorporated Terms and Conditions of Use, Privacy Policy, Copyright Notice and Policy, and any order form or invoices relating to the Training set forth the entire agreement between Licensee and SpeakMeister related to the Training and supersede any purchase order, communications, and representations regarding the Training.
24.2. If any provision of this Agreement shall be unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the enforceability of the remaining provisions.
24.3. Any additions or modifications to this Agreement must be approved in writing signed by both parties.
24.4. A breach under any other written agreement between the Licensee and SpeakMeister is a breach hereof.
24.5. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
24.6. This Agreement may be superseded or amended only by a writing signed by both parties.
24.7. The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee’s convenience only. The English version of this Agreement will be used when interpreting or construing the terms of this Agreement.
24.8. Any failure by either party to this agreement to enforce a specific part of the agreement in a specific situation is not a waiver of rights under the agreement. The party may still enforce the rest of the agreement in that situation and may still enforce some or all of the agreement in other situations.
24.9. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
24.10. Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee’s assets to another entity.
24.11. This Agreement shall be binding upon and shall take effect to the benefit of the parties, their successors and permitted assigns.
24.12. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
24.13. The relationship between SpeakMeister and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind SpeakMeister in any way.
24.14. In no case shall the SpeakMeister’ liquidated damages exceed ten (10%) percent of the e-Learning and/or Training cost paid by Licensee, in which event the Licensee shall have automatically terminated the contract.
24.15. If any SpeakMeister’s and/or speakmeister.com/edu professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between Licensee and SpeakMeister and/or speakmeister.com/edu. The parties acknowledge that such services are acquired independently of the Training Materials licensed hereunder, and that provision of such services is not essential to the functionality of such Training Materials.
24.16. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.
24.17. Confidential information that may have been given access to SpeakMeister by the Licensee during the course of the Training and/or Training Materials implementation shall be covered by non-disclosure agreement that will survive even after the expiration or termination of this agreement.
Effective Date: 16 April 2014
