Terms & Conditions
Updated 10th January 2021
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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
- 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
9. Choice of Law
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;
- 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;
- 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;
- transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful, destructive or deleterious programs;
- In connection with any pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages;
- impersonate another or create a false identity or otherwise misrepresent an affiliation with a person or entity;
- To cause harm to minors;
- To infringe another’s patent, trademark, copyright, trade secret, or other intellectual property;
- To violate another’s privacy;
- To violate any applicable laws, statutes or regulations;
- To stalk
- 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;
- To post a link, address or other contacts to any site which is for any of the above purposes; or
- To defame another individual or entity.
- 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.