Terms & Conditions

Access to and use of the SPEAQ software app is provided subject to the following terms and conditions which may be amended from time to time at the sole discretion of SPEAQ, LLC:

PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS APPLICATION AND WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL INFORMATION THROUGH THE SPEAQ SOFTWARE APP (“APP”) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. SPEAQ ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS APP OR THIS WEBSITE.

1. THE SOFTWARE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS-IS,” “AS- AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. SPEAQ EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON- INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
2. You expressly agree that your use of the software is at your sole risk. The owners and creators of SPEAQ do not warrant that the software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of SPEAQ, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of SPEAQ for any purpose or give rise to any liability of SPEAQ (TM) whatsoever, and you agree that you will not rely on any such statement, information or advice.
3. Where the owners and creators of SPEAQ are a distributor, rather than a publisher, of Materials accessible through the software, the owners and creators of SPEAQ exercise no more editorial control over such Materials than does a typical public library, bookstore or newsstand. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of SPEAQ or its content providers or licensors. Neither the owners nor creators of SPEAQ nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
4. SPEAQ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the software following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features in the software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement

2. Links to third party sites

The App and/or Website may contain links to third-party Web sites, which are not under the control of SPEAQ. You understand that SPEAQ provides these links as a convenience only and SPEAQ does not intend these links to be endorsements, affiliation, or referrals of any third-party website. You agree that SPEAQ bears no responsibility or liability for any content accessed or harm caused from any third-party website.

3. Privacy

SPEAQ respects the privacy of our users. The Privacy Policy contained on the App is incorporated in these Terms of Use by reference, but these Terms of Use shall govern any conflict or inconsistency with such Privacy Policy. If you are under the age of 13 you may view the materials on this App, but if you wish to enter into any transactions on or through this App or otherwise participate in areas of this App which require you to enter personal information, you may not do so without the consent of a parent or legal guardian. SPEAQ and its partners may never solicit or sell data collected within the use of SPEAQ app software. They may utilize and share data to enhance the user experience or for partner marketing purposes.

4. Amendments to Terms and Conditions and Privacy Policy

SPEAQ reserves the right to change the terms and conditions of these Terms of Use, the Privacy Policy and/or any of its other policies relating to the App and/or the Website, at any time in its sole discretion. SPEAQ will notify you of such changes by posting the changes on the App and/ or the Website. You are responsible for regularly reviewing the App and/or the Website and these Terms of Use regarding such changes. Continued use of the App and/or the Website after any such changes have been posted shall constitute your agreement to them.

5. Trademark infringement

All trademarks, trade names, service marks, and images, other logos and brand features, including "SPEAQ", displayed on the App or Site are the property of SPEAQ. You agree not to display or use SPEAQ's Marks in any manner without SPEAQ's prior written permission.

6. Limitations of Liabality

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SPEAQ, OR IT’S PARTNERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF SPEAQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES SPEAQ’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

1. If, notwithstanding the foregoing, the owners and creators of SPEAQ, were to be held liable for damages, then regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), in no event shall the maximum liability of the owners and creators of SPEAQ and the parties described in the next sentence (SPEAQ’s “Related Parties”) exceed, either jointly or severally, the aggregate dollar amount paid by you to the owners and creators of SPEAQ in the twelve (12) months prior to the claimed injury or damage. All of the provisions of this section are also for the benefit of the owners and creators of SPEAQ (TM)’s directors, officers, shareholders, employees, affiliates, agents, third-party content providers, licensors and the like, and anyone else involved in creating, producing or distributing the software, and each shall have the right to assert and enforce the provisions directly on their own behalf.
2. The resources on websites that can be accessed with hypertext links from or using SPEAQ are not maintained by SPEAQ TM), and SPEAQ (TM) is not responsible for the availability or accuracy or such sites or resources, or the content, advertising, or products on or available from such sites or resources. Such sites may be governed by legal notices and privacy policies, which differ from those of this software.

7. Indemnification by you

You agree to defend, indemnify and hold harmless the owners and creators of SPEAQ and its Related Parties from any claims and expenses, including reasonable attorney’s fees, related to any violation of this Agreement by your use of the software, or in connection with the placement or transmission by you of any material using the software except as expressly authorized in this Agreement.

8. Terminitaion of Service

These Terms of Use, and your right to access and use the App and/or the Website, are effective until terminated by either you or SPEAQ. You may terminate these Terms of Use at any time by discontinuing use of the App and/or the Website and destroying all materials obtained from or through the App and/or the Website, and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.

These Terms of Use, and your access to and/or use of the App, may be terminated by SPEAQ immediately without notice to you if in SPEAQ’s sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must destroy all materials obtained from or through the App and/or the Website, and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise.

Subject to the terms of these Terms of Use, all provisions of these Terms of Use relating to ownership, limitations of liability, confidentiality, indemnification and other provisions which by their nature survive termination of these Terms of Use shall survive termination of these Terms of Use.

9. Choice of Law

In order to ensure consistency in the interpretation and enforcement of these Terms of Use and SPEAQ’s rights in the App and/or the Website, these Terms of Use will be governed exclusively

by Michigan law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you and SPEAQ related, in any way, to the App, the Website and/or these Terms of Use, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of Michigan, Southern Division, and/or the Circuit Court of the County of Wayne, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts.

10. Prohibited Uses

You agree NOT to use the “App” software for any of the following purposes or activities:

The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;

1. The creation, transmission of or posting of any message, data, information, text, software, graphics, files, materials or other Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening harmful, invasive of privacy or publicity rights;
2. Interference with or disruption to the software’s services or network, including, but not limited to, attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
3. transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
4. In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
5. impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
6. To cause harm to minors;
7. To infringe another’s patent, trademark, copyright, trade secret, or other intellectual property;
8. To violate another’s privacy;
9. To violate any applicable laws, statutes or regulations;
10. To stalk
11. To use any robot, spider, or another automatic device, or manual process to monitor or copy content without SpeaQ (TM)’s prior express written permission;
12. To post a link, address or other contacts to any site which is for any of the above purposes; or
13. To defame another individual or entity.
14. To create, duplicate or transmit any pornography

11. Acceptance; Miscellaneous

Your continued use of the App and/or Website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by SPEAQ. If at any time these Terms and Conditions are not acceptable to you, you should immediately cease use of the SPEAQ.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, that provision shall be enforced to the maximum extent permissible to further the intent of these Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect.