Subscription and Business Terms
Last Updated: 11/22/2018
Acceptance and Billing. All billing information provided must be truthful and accurate. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY ORDER. By submitting an Order, you grant to Speechagain the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. Providing any false, untruthful or inaccurate information constitutes a breach of this agreement for which we may cancel your Order and seek other remedies to the fullest extent permitted by applicable law. When you place an Order it is an offer and we do not accept the offer until we have completed the transaction. Before accepting an Order we may request additional information from you and we reserve the right to reject Orders, or to cancel them after acceptance subject to providing you a full refund. Speechagain may request a pre-authorization for some Orders placed online with a credit or debit card. This preauthorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. By confirming your purchase during the checkout process, you agree to accept and pay for the Order. If you are not charged sales tax on a purchase made via the Service, you may owe “use tax” to your state of residency. To be eligible to complete and online Order, you must be 18 years old.
Subscription Delivery. For each Subscription Order, you will receive a delivery confirmation email, which may contain additional information on how to access and use your Subscription.
Subscription Duration and Automatic Renewals. Subscription durations may have different ranges depending on your Subscription cycle preference (e.g., monthly, quarterly, yearly). Your Subscription will automatically renew at the beginning of each Subscription cycle unless you cancel the Subscription before the beginning of its next cycle. In order to avoid charges to your preferred payment method, you must cancel before a Subscription or Subscription renewal begins. Before your Subscription renews you will be sent a reminder notice specifying the price (plus processing and any applicable sales tax) and billing terms for the next Subscription cycle and your preferred payment method will be charged accordingly. Subscriptions can only be assigned to one user at a time; they cannot be shared. Upon expiration of a Subscription, access will be blocked.
Payment Method. By placing an Order, you represent and warrant that (a) you are authorized to use the designated payment method and (b) you authorize us, or our payment processor, to charge your designated payment method. If you subscribe to a Subscription that is reoccurring, you authorize us to charge your preferred payment method at the beginning of each Subscription cycle, depending on which Subscription cycle you purchase (e.g., monthly, quarterly, yearly). We reserve the right to automatically suspend or cancel your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise not acceptable. Only valid payment methods specified by us may be used.
Insufficient Funds. If you have an insufficient amount of funds to complete an Order, we may at our sole discretion, cancel the entire Order or fulfill a partial Order using the amount of funds currently available, less any fees (if applicable) owed in connection with our execution of the Order.
Pricing. All prices are subject to change without notice. Such changes are applied prospectively and do not apply to your completed past Orders. Some prices may be limited time promotional discounts, which may apply to one Subscription cycle, but not to subsequent renewals of that Subscription cycle at which point the price may not no longer be discounted. Such limited time promotional discounts are described at the time of your Order. Pricing errors may occur on the Service from time to time. All Orders must be accompanied by a form of payment. State sales tax will be applied as appropriate.
Cancellations. You may only cancel a Subscription before a Subscription cycle begins. For example, if you are set to begin a yearly Subscription in January, you may cancel the Subscription before January. Similarly, because Subscriptions automatically renew, you may cancel the Subscription before the renewal date. For example, if you are set to renew a Subscription in January, you may cancel the renewal before January. You may not cancel a Subscription that has already begun and has yet to end or renew. To cancel a Subscription renewal you may do so through your online account or profile settings or contact us at firstname.lastname@example.org.
To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any reason including limitations on the quantity available, eligibility requirements, inaccuracies or errors in Speechagain-provided services or pricing information, or problems identified by our credit and fraud avoidance partners. To the fullest extent permitted by applicable law, Speechagain reserves the right to cancel any Orders containing pricing errors, with no further obligations to you, even after your receipt of an Order confirmation. If your Order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Speechagain may, at its discretion and as permitted by applicable law, either contact you for cancellation instructions or cancellation notification and receipt.
Errors. In the event of an error, whether via our Service, in an Order confirmation, in pricing, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your Order accordingly, subject to your right to cancel, or to cancel the Order and refund any amount received.
If we provide a Subscription refund and if you paid by credit card, your account will be credited for returned item(s) within 30 days of our confirmation of such refund. For all other forms of payment, Speechagain will issue a credit for returned item(s). Credits can remain on the account for up to 6 months, at which time a refund will be made by check.
Security and Notification of Unauthorized Use. You agree to maintain reasonable security measures to protect against unauthorized users gaining access to Subscriptions and the Subscription management application. You will promptly notify Speechagain if you become aware of any unauthorized use of the Subscriptions or Educational Products and Services or violation or threatened violation of Speechagain’s intellectual property rights therein. You agree to cooperate with Speechagain and render such assistance as Speechagain may reasonably request to identify, halt and/or prevent any violation of such rights.
Modification of Educational Products and Services. Speechagain reserves the right to modify the Educational Products and Services at any time during the term of any Subscription for any reason whatsoever, including, without limitation, updating, correcting or general design modifications.
Changes to this Agreement. We may make changes to this agreement, including when there are changes in our Services, technology, law and regulation, or for other reasons. If we do, we will provide you notice of such changes by posting the updated Terms and changing the “Last Updated” date above, and you agree that is a sufficient form of notifying you of changes. Any changes become effective when posted unless a later date is provided in the posting, and apply prospectively to use of the Service after such changes become effective, except that, notwithstanding anything to the contrary, changes addressing new functions of our Service or changes made for legal reasons will be effective immediately. IF YOU DO NOT AGREE TO ANY AMENDMENTS, YOU MUST DISCONTINUE USING THE SERVICE TO PURCHASE ONLINE ORDERS.
California Consumer Rights and Notices.
Civil Code 1789.03 Disclosure. The Service is provided by Speechagain, or its parent, affiliates or subsidiaries, 433 Broadway, New York, NY 10013, USA. If you have questions or concerns with an Order, Subscription, or the Service, you may reach Speechagain at email@example.com. At your request, you may receive our legal name, complete street address from which we conduct business, and return and refund policy within 5 days after we receive your request. You may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at (800) 952-5210, or the California Department of Consumer Affairs Consumer Information Division at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
Disclaimers. AS PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTIES OF ANY KIND. Speechagain specifically disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title and non-infringement of third party rights. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material contained in the Services. Speechagain does not warrant the Subscriptions will be error-free and uninterrupted. You acknowledge that you are solely responsible for any interruptions resulting from your computer system, software and connection to the internet.
Limited Remedies, Damages Exclusion. As permitted by applicable law, Speechagain’s total, cumulative liability arising from or in connection with the Subscriptions or any product or service provided hereunder will be limited to the lesser of (a) the fee paid by you for the item or service that caused such loss and (b) $1,000. In no event will Speechagain be liable for incidental, consequential, indirect, special or punitive damages, or lost revenue, data or profits, arising from or in connection with the Subscriptions or any product or service provided hereunder.
Last Updated: 09/20/2020
In some instances, such as when Speechagain offers contests, sweepstakes, giveaways, and other promotions, additional or different terms and/or conditions will apply to your use of the Services or to a Service or product offered via the Services (in each such instance, and collectively “Additional Terms”). If you do not wish to be bound by these Terms, and any applicable Additional Terms, do not use the Services.
These Terms are subject to change without notice. When such a change is made, we will update the “Last Updated” date at the top of this page. Your use of the Services following any such change constitutes your agreement to follow and be bound by the updated Terms.
1. Your Use of the Services
A. Creating an Account on the Services. When you register for an account on the Services, and each time you log in to the Services thereafter, you agree:
- You will provide and keep accurate, current, and complete information about yourself;
- You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
- You will abide by the use restrictions set out in these Terms;
- You are solely responsible for maintaining the confidentiality of your Services access credentials and you will not share your credentials with any third party;
- You will immediately notify us here if your credentials are compromised or of any unauthorized use of your account;
- You will not sell, transfer, or assign your account or any account privileges; and
- We will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
B. Content. The Services may contain (i) materials and other items relating to Speechagain and its Services including layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, and the “look and feel” of the Services such as the selection, compilation, assembly, arrangement, and enhancement of the Services; (ii) trademarks, logos, trade names, trade dress, Services marks, and trade identities of various parties, including those of Speechagain; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Content available via the Services is the property of Speechagain, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
C. Services Content Accuracy. Speechagain will use reasonable efforts to include accurate and current information on the Services, but there may be occasions when information on the Services contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. Speechagain reserves the right to correct any errors and to update Services information at any time. We apologize for any inconvenience such errors may cause you.
D. Limited License. Subject to your strict compliance with these Terms, Speechagain grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, or play the Content on a personal device, and retain one copy of the Content as it is displayed to you for your personal, non-commercial use only. The foregoing limited license does not give you any ownership of, or any other intellectual property interest in, any Content and may be immediately suspended or terminated for any reason, in Speechagain’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
E. Restrictions. If you are under the age of eighteen (18), then you are not permitted to use the Services or Content. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Services and Content. You further agree that you will not: (i) use the Services or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Services or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Speechagain; (iii) harvest any information from the Services; (iv) reverse engineer or modify the Services; (v) interfere with the proper operation of or any security measure used by the Services; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.
F. Reservation of All Rights. All rights not expressly granted to you are reserved by Speechagain and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Services for any purpose is prohibited.
G. Telehealth Consent. Telehealth involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location. Telehealth may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to i.) electronic transmission of health records, photo images, personal health information, or other data between a patient and health care provider; ii.) interactions between a patient and health care provider via audio, video, and/or data communications; and iii.) use of output data from health devices and/or diagnostic tools, sound, and video files.
You may be able to submit certain content to us through the Services, including in-time or prerecorded voice recordings and feedback or comments to us regarding your use of the Services (“Submissions”). Subject to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments (collectively, “HIPAA”) and related state-specific privacy laws and regulations, you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name in connection with your Submissions and derivatives thereof. You agree to waive any moral rights that you may have in any Submission, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
Each time you submit any Submission, you represent and warrant that you have confirmed the accuracy of the Submission and that:
- You are at least eighteen (18) years old;
- You are the sole author and owner of the intellectual property and other rights to the Submission, or you have a lawful right to submit the Submission and grant Speechagain such rights therein;
- The Submission does not and, as to Speechagain’s permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party;
- The Submission will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person;
- You are not impersonating any other person, user, or company; and
- You will not submit Submissions that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresent your identity or affiliation with a person or company.
3. Restrictions and Prohibited Uses
You agree that, except as otherwise authorized, you will not:
Site Use Restrictions
- Use the Services for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products);
- Engage in any activities through or in connection with the Services that seek to attempt to or do harm to any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Speechagain;
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or algorithms of the Services by any means whatsoever or modify any software (in either object code or source code) or other products, Services, or processes accessible through any portion of the Services;
- Engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services, or otherwise causes harm to the Services, Speechagain, or other users of the Services;
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Services or the Content;
- Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Services, without the express consent of such users);
- Attempt to gain unauthorized access to the Services, or other computer systems or networks connected to the Services;
- Use the Services to transmit information that is in any way false, fraudulent, or misleading;
- Otherwise violate these Terms;
With respect to Content use restrictions, you will not:
- Monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Services by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;
- Frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout);
- Remove any copyright and other intellectual property notices contained in such Content;
- Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of Speechagain; or
- Insert any code or product to manipulate such Content in any way that adversely affects the Services.
Speechagain in its sole discretion and without advance notice, may immediately suspend or terminate the availability of the Services and/or Content (and any elements or features of the same), in whole or in part, for any reason and without liability.
4. Third-Party Interactions
A. Third-Party Content and Services. The Services may display, include, or make available content, data, information, applications, or materials from third parties or provide links to certain third-party content that is not owned, controlled, or operated by Speechagain. Any interactions, transactions, or other dealings that you engage in with any third parties found on or through the Services are solely between you and the third party.
By using the Services, you acknowledge and agree that Speechagain is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of third-party Services. You hereby agree to indemnify Speechagain against all claims, injury, and/or damages arising out of your use of any third-party Services.
B. Business Transactions. We reserve the right to transfer any information we obtain through the Services in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
5. LIMITATION OF LIABILITY
IN NO EVENT WILL SPEECHAGAIN, OR ITS AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, “SPEECHAGAIN”), OR ANY THIRD-PARTY PROVIDER OF SERVICES, TOOL, OR PRODUCT OFFERED THROUGH OR IN CONNECTION WITH THE SERVICES (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM: (A) OUR SERVICES, (B) THESE TERMS, (C) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY, (D) USE OF THE SERVICES, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD-PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE SERVICES, BY YOU OR ANY THIRD PARTY, (E) YOUR FAILURE TO KEEP YOUR SERVICES ACCESS CREDENTIALS SECURE AND CONFIDENTIAL, (F) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, OR IN CONNECTION WITH, THE SERVICES, AND/OR (G) INTERACTION BETWEEN OUR SERVICES AND ANY THIRD-PARTY SERVICES, BY A TOOL OR SERVICES ON OUR SERVICES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITES AND SERVICES IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, SPEECHAGAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH OR OTHERWISE RELATED TO THE SERVICES OR, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SERVICES. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONALITY OF THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES IS FREE OF VIRUSES, MALICIOUS SOFTWARE, OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THESE SERVICES IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR PERSONAL INFORMATION MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR OTHER CONTENT TO US AND/OR BY POSTING INFORMATION ON THE SERVICES NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SPEECHAGAIN OTHER THAN PURSUANT TO THESE TERMS.
Our goal is to voluntarily provide helpful and accurate information and services for people who stutter, but we make no endorsement, representation, or warranty of any kind about any of our content, information, or Services. The accuracy of the data collected, and Services provided is not intended to match that of medical devices or scientific measurement devices. We are, therefore, not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the Site and Services. In particular, when we provide services in relation to the onboarding or registration processes, these services are for technical (not: therapeutic) purposes only and should not replace your good judgement and common sense. The Services are not intended to diagnose, treat, cure, or prevent any disease or irregularity of any kind. If you have a medical or pathologic condition or if you are insecure about pathologic consequences of the use of the Services, do not use the Services or consult a doctor or therapist before using the Services. If you feel physically or psychologically uncomfortable with the use of the Services, stop using the Services and consult with a medical professional or a certified speech language pathologist. We are not responsible for any health, mental or speech problems that may result from our Services.
A. Healthcare Disclaimer. The health information on this site is provided as an information resource only and is not to be used or relied on for any diagnostic or treatment purposes. This information is not intended to be patient education, does not create any patient-physician relationship, and should not be used as a substitute for professional diagnosis and treatment. Please consult your health care provider before making any healthcare decisions or for guidance about a specific health condition. Speechagain expressly disclaims responsibility, and shall have no liability, for any damages, loss, injury, or liability whatsoever suffered as a result of your reliance on the information contained in this site. Speechagain does not endorse specifically any test, treatment, health care provider, products, procedures, opinions, or other information mentioned on the site. Never disregard professional health advice or delay in seeking it because of something you have read on this site.
7. HIPAA Terms and Conditions
HIPAA governs the use and transmission of individually identifiable health information including “Protected Health Information” as that term is defined in HIPAA. You acknowledge that Protected Health Information requires special safeguarding and you agree to abide by the laws of your company, state, and HIPAA regarding the protection and disclosure of Protected Health Information that is collected, compiled, and/or maintained by Speechagain. For information on how Speechagain handles the confidentiality of your records containing Protected Health Information, including uses and disclosures, please request a copy of our HIPAA Notice of Privacy Practices by email firstname.lastname@example.org.
You agree to defend, indemnify, and hold harmless Speechagain from and against any and all claims, liabilities, damages, losses, costs, and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your use of the Services; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Speechagain reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You will not in any event settle any claim without the prior written consent of Speechagain and you agree to cooperate with our defense of any such claim.
9. Dispute Resolution
You may begin an arbitration proceeding by sending an email to email@example.com or sending a letter requesting arbitration to:
New York, NY 10013
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Speechagain will reimburse those fees for claims totaling less than $10,000. Speechagain waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement shall survive the termination of this Agreement or your use of the Services. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
B. Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND SPEECHAGAIN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
10. Complete Agreement and Severability
Unless otherwise specified, these Terms constitute the entire agreement between you and Speechagain. If any part of these Terms is held illegal or unenforceable, the remainder of the Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of Speechagain to act with respect to a breach by you or others does not waive Speechagain’s right to act with respect to subsequent or similar breaches. Speechagain’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. Investigations; Cooperation with Law Enforcement
Speechagain reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Speechagain may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
12. International Issues
Speechagain controls and operates the Services from its U.S.-based offices, and Speechagain makes no representation that the Services are appropriate or available for use beyond the U.S.A. If you use the Services from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Services and/or the provision of any content, program, product, service, or other feature described or available on the Services to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
13. Contact Us
Any questions regarding these Terms may be directed to:
New York, NY 10013