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:CustomerService@SpeakMeister.com. 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 CustomerService@SpeakMeister.com 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: CustomerService@SpeakMeister.com
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 Spea