i. By using the Services, you agree to provide true, accurate, current, and complete information about yourself wherever the submission of any information by you may be prompted or otherwise available, including during the account registration process.
ii. You agree that you are at least 13 years old and at least 18 years old if you are a accessing the Train the Trainer Program.
iii. If you are registering on behalf of a corporate entity, you represent and warrant that you have the appropriate authority to bind any such entity to these Terms of Service and that both you, the concerned entity, and any permitted users or agents thereof accessing the Site or using any part of the Services, will likewise be familiar with, bound by and in compliance with the Terms at all times.
iv. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post, or display on or via the Services.
v. Further, you agree that you will not use the Services or access or use the Site to do any of the following:
• Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages, or other materials, including any Contribution, (collectively, “Content”) that is unlawful, harmful, threatening, embarrassing, abusive, harassing, offensive, bigoted, prejudiced, racist, lewd, lascivious, filthy, violent, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, hateful or otherwise objectionable or illegal content;
• “Stalk” another user, employee, or representative of SpeechSkills or any other person;
• Post or disclose any personally identifying information or private information about children or any other information that violates the privacy rights of any person or party;
• Impersonate any person or entity, including, but not limited to, a SpeechSkills official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted to or through the Site;
• Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any Content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data, or personal information;
• Act in a manner that negatively affects other users’ ability to engage in the Services;
• Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Site or Services, including but not limited to, actually, or attempting to manipulate, corrupt, or otherwise affect the outcome of the Services, in whole or part, by, among other methods, subscribing another party without their authorization or registering multiple subscriptions under the same or different names;
• Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups, or individuals or which provides instruction, information or assistance in causing or carrying out such violence;
• Interfere with or disrupt the Site, Service or servers or networks connected to the Site or Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; or
• Intentionally or unintentionally violate any applicable local, state, national, or international law.
You understand that SpeechSkills owns the Services. You agree that you will not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
Please also note that payment of any and all applicable fees must occur prior to receiving access to any Services, payment for which is required and that the payment for any such Services does not constitute an automatic ongoing right to use the Services or access or use the Site at any time, as permissions for any such use may be the subject of revocation.
SpeechSkills offers and otherwise makes accessible a number of programs, workshops and downloadable materials through our Site. These include The Credibility Code Online (“TCCO”), Credibility Essentials (“CE”) and Credibility Quest (“CQ”).
Each and every workshop, program, service or other material available on or accessible through our Site is only accessible and usable upon the terms expressly stated and in no case do you have permission to nor shall you access or use any of the same for any purpose other than your own personal use or, if expressly allowed by us, the use of others. In no case shall you sublicense, copy, create derivatives of or otherwise access, display, publish, share, stream, broadcast, perform or offer or make available any aspect of any workshop, program or other material from or accessible through our Site unless you have been granted express permission by us to do so. Any violation of these restrictions shall be a material breach of these Terms and may result in your immediate suspension of access to our Site as well as the revocation of any permission you have to otherwise use or enjoy such services or materials.
The above described workshops/programs may be described as follows and each shall not be used for any purpose other than the personal use of the person being granted access to them by us or the designated user or users if participation and/or downloads are purchased for given number of persons.
The Credibility Code Online: The Credibility Code Online (TCCO) is our video library which contains a comprehensive collection of more than twenty five learning videos ranging in length and covering our core curriculum. The download or viewing of any video is expressly limited to use by those persons authorized by us to access and use this material.
Credibility Essentials: Credibility Essentials (CE) is a concentrated micro-learning platform consisting of over thirty short-videos ranging in length, as well as skill drills, mini habit guides, and daily practice reminders. The download or viewing of any video is expressly limited to use by those persons authorized by us to access and use this material.
Credibility Quest: Credibility Quest (CQ) is an interactive virtual coaching program. Each of the 30 micro-lessons includes a short video clip, reflective questions, online practice exercises, and offline practice ideas. CQ is accessible through our Site but is administered on and controlled through a third-party platform, the terms for use of which you must familiarize yourself with and abide by at all times.
Refunds are only available for the programs, Services and products specifically described below. Any refund may take up to 30 days to process. Refunds may only be processed in the form of return to the same method of payment used for the original purchase, but at SpeechSkill’s option, other forms of return may utilized if necessary (e.g. a credit card payment may be refunded through issuance of a check). No refunds are available to any requesting party unless the requesting party is also the party whose name appears on the method of payment utilized for the original purchase to be refunded. Workshops: If you must cancel your registration for a workshop, please contact SpeechSkills at your earliest convenience. Refunds, minus a $25.00 processing fee per enrollment, will be granted up to 14 days before the workshop. Due to space limitations, workshop fees are non-refundable for any cancellation notice not received within 14 days of the workshop date or absence on the day of the workshop. If you are unable to attend a workshop, you may transfer your space to a friend, family member, or colleague upon written notice to SpeechSkills. Online Programs: For advanced fee payments for all SpeechSkills online training courses including The Crediblity Code Online, SpeechSkills Elements, Credibility Quest and any other SpeechSkills online program, a full refund of enrollment in an Online Training Course shall be offered if you find the course unsatisfactory within the first 7 days of the course. To obtain a refund you must first provide written notice of the issues with the program that you find unsatisfactory and you must send this notice post-marked or electronically transmitted to firstname.lastname@example.org to end of the seventh day following your purchase of the program. If you request a refund accordingly, upon such refund, all usage and access permissions associated with the concerned program shall be terminated for you and any other authorized users. You may not receive a refund on the same program twice within a calendar year. Product Purchases: For any products (physical items) purchased from SpeechSkills, you may return an unused product in its original packaging for up to 30 days from the date of receipt. Return shipping must be paid by you. For any products that you genuinely deem as defective, please contact SpeechSkills for an approval to return the product. SpeechSkills will provide a return shipment label for the product after it approves the return request. Product must be returned within 30 days of original receipt by you.
DMCA NOTICE: We respect artist and content owner rights. It is SpeechSkills policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify the SpeechSkills copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Site or within the Services; 4. Contact Information that would allow SpeechSkills to easily reach you such at your address, telephone number, and e-mail; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner. The above information must be submitted to the following DMCA Agent:
Attn: DMCA SpeechSkills Inc. Address: 3780 22nd Street San Francisco, CA 94114 Telephone: 415-282-5882 Email: email@example.com
With copy to:
Sutter Law, PC
447 Sutter Street, Suite 506
San Francisco, CA 94108
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES.
Please note that this procedure is exclusively for notifying SpeechSkills and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with SpeechSkills’ rights and obligations under the DMCA, including 17 U.S.C. 512(c) but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, SpeechSkills has adopted a policy of terminating, in appropriate circumstances and at SpeechSkills sole discretion, the accounts or access permissions of any users who are deemed to be repeat infringers. SpeechSkills may also at its sole discretion limit access to the Service and/or terminate the accounts or access permissions of any users who infringe any intellectual property rights of others, whether, or not there is any repeat infringement.
INDEMNITY& LIMITATION OF LIABILITY:
a) Indemnitee shall promptly notify Indemnitor of any Claim(s) for which indemnification is sought, following actual knowledge of such Claim(s), provided however that the failure to give such notice shall not relieve Indemnitor of its obligations hereunder except to the extent that Indemnitor is materially prejudiced by such failure. In the event that any third-Party Claim(s) is brought, Indemnitor shall have the right and option to undertake and control the defense of such action with counsel of its choice, provided however that (i) Indemnitee at its own expense may participate and appear on an equal footing with Indemnitor in the defense of any such Claim(s) and (ii) Indemnitee may undertake and control such defense in the event of the material failure of Indemnitor to undertake and control the same. Indemnitee shall not consent to judgment or concede or settle or compromise any Claim(s) without the prior written approval of Indemnitor (which approval shall not be unreasonably withheld), unless such concession or settlement or compromise includes a full and unconditional release of Indemnitor and any applicable Related Persons from all liabilities in respect of such Claim(s).
THE LIABILITY OF SPEECHSKILLS FOR YOUR USE OF THE SITE OR ACCESSING OR USING OF ANY SERVICE IS STRICTLY LIMITED AND IN NO CASE SHALL SUCH LIABILITY EXCEED THE SUM TOTAL OF PAYMENTS YOU HAVE MADE TO SPEECHSKILLS SPECIFICALLY FOR ACCESSING OR USING OF THE SERVICES IN THE LAST CALENDAR YEAR FROM THE DATE OF ANY CLAIMED LIABILITY EVENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPEECHSKILLS, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICES. UNDER NO CIRCUMSTANCES WILL SPEECHSKILLS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES AND THE SITE ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPEECHSKILLS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES, THE SITE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES OR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SERVICES OR THE SITE WILL OTHERWISE BE FREE FROM THE SAME; OR THAT THE SERVICES OR SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES OR SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES OR SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPEECHSKILLS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES OR SITE, INCLUDING CHATBOTS OR AFFILATED WEBSITES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE, SERVICE OR ANY INFORMATION RECEIVED FROM OUR SERVICES IR SUTE INCLUDING CONTENT CREATORS, PODCASTS AND CHATBOTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES OR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, SERVICES OR CHATBOTS; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
CONTENT REMOVAL & SUSPENSION OF ACCOUNT:
SpeechSkills reserves the right in its sole discretion to suspend or terminate your account or any other permissions of access or use and to refuse any and all current or future use of the Services or the Site (or any portion thereof) at any time for any reason or no reason. With the exception of returning unused fees paid in advance or other policy-based refunds as specifically set out herein, you agree that SpeechSkills will not be liable to you or to any third party for any suspension or termination of your account or any refusal of any use of the Services (or any portion thereof). Once a course has begun, no fees will be returned, even if your account is suspended or terminated by SpeechSkills. DELIVERY OF CONFIDENTIAL INFORMATION BY USER: SpeechSkills discourages users from sending SpeechSkills any confidential or proprietary information through the Site or Services. Any information, materials, suggestions, ideas, or comments sent to SpeechSkills will be considered non-confidential, and by submitting it, you are giving SpeechSkills the absolute right to use, modify, reproduce, transmit, display, and distribute it for any purpose whatsoever, with no payment or other compensation to you.
COMMENTS, FEEDBACK& NOTICES:
In compliance with your rights under California Civil Code 1789.3, you have the right to contact SpeechSkills with any complaints or to seek additional information. You may email SpeechSkills at firstname.lastname@example.org. You may also call (415) 282-5882. For any physical documents, you may send mail to 3780 22nd Street San Francisco, CA 94114.
If California users have any questions or complaints about SpeechSkills, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
ARBITRATION: By using the Services you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Site or Services (collectively, "Disputes") will be settled by binding arbitration between you and SpeechSkills, except that the right to seek injunctive in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights shall not be limited by these obligations to arbitrate.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND SPEECHSKILLS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
Further, unless both you and SpeechSkills otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. Any controversy shall be arbitrated in San Francisco, California (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
GoverningLaw. The laws of the State of California shall govern this Agreement, without giving affect to any conflicts of law principles that would result in the application of the laws of a different jurisdiction. Unless waived by the Company, the exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement shall be the courts located in the State of California in San Francisco County and each of the parties here to submit itself to the exclusive jurisdiction and venue of such courts for the purpose of any such action.
Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Survival. The terms and conditions of this paragraph and all other provisions of this Agreement that by their nature would extend beyond the term or existence of this Agreement or any use by you of the Site or Services or access to the same, as then in force at the time of any such termination or suspension shall survive termination or expiration of this Agreement or your accessing or use as the case may be.
Amendments. This Agreement may be amended, modified or supplemented by SpeechSkills from time to time and while in any such case SpeechSkills will make reasonable efforts to inform you of any such update, you are ultimately obligated to maintain your familiarity with all such Terms and each and every time you access the Site or use the Services, you are consenting to the Terms as then may be in effect.
No Waiver. Any failure or election by SpeechSkills to not enforce any right or policy set forth herein or any delay in doing the same or otherwise claiming any right or benefit set forth herein, shall not in any event operate as a general or specific waiver of the same.
THANK YOU FOR CHOOSING SPEECHSKILLS AND WE LOOK FORWARD TO WORKING WITH YOU!