SpeechSkills, LLC.
Terms of Service

Welcome to SpeechSkills, LLC. a California Company, (“SpeechSkills”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Service" or "TOS"), govern your access to and use of website and the services provided by SpeechSkills, LLC. through the website (“Website”) and web interface platform and chatbots (the “Services”). By using or accessing the Services you agree to these Terms of Service and the Privacy Policy.

TERMS OF ACCESS
  • By using the Services, you agree to provide true, accurate, current, and complete information about yourself as prompted by the account registration process.
  • 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.
  • If you are registering on behalf of a corporate entity, you warrant that you have the appropriate authority to bind the entity to these Terms of Service.
  • 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.
  • You also agree that you will not use the Services to do 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;
  • Post or disclose any personally identifying information or private information about children;
  • 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 Website;
  • 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 Website 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 Service or servers or networks connected to the 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 won’t 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.
For payments for the Credibility Code Online Program (TCCO), SpeechSkills uses a-Member as a payment processing service. Please review their privacy policy here: https://www.amember.com/p/main/Privacy/. For all other products and services, we use Cartloom to accept online payments which processes payments via Authorize.net. Please review their Privacy Policy here: https://cartloom.com/privacy-policy/. Payment of fees must occur prior to receiving access to the Services.

REFUND POLICIES

Workshop Refund Policy: 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 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.

Online Training Refund Policy: For fees paid in advance of an Online Training Course, a full refund of enrollment in an Online Training Course shall be offered if you find the course unsatisfactory within the first 14 days of the course.

Product Refund Policy: 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 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 Service;
4. Contact Information that would allow SpeechSkills to easily reach you such as your address, telephone number, and, e-mail address;
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: info@speechskills.com

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, members who are deemed to be repeat infringers. SpeechSkills may also at its sole discretion limit access to the Service and/or terminate the Accounts of any Users who infringe any intellectual property rights of others, whether, or not there is any repeat infringement.

LIMITATION OF LIABILITY

Please only use the Services in a way that is appropriate to your professional and personal obligations. You agree to defend, indemnify, and hold harmless SpeechSkills and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers, and directors, from, and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Service or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; (vi) any reputation damage or loss of income resulting from your association or use of the SpeechSkills Service or (vii) any other party’s access and use of the Services with your username, password, or other appropriate security code.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES ARE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES 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 OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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.

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.

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, INCLUDING CHATBOTS OR AFFILATED WEBSITES (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, SERVICE OR ANY INFORMATION RECEIVED FROM OUR SERVICE 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 SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE 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 WEBSITE OR CHATBOTS; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

CONTENT REMOVAL & SUSPENSION OF ACCOUNT

For any public facing content you share through SpeechSkills’ services, we reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms of Service or Privacy Policy, violates the rights of third-parties, or is otherwise harmful to other users or SpeechSkills in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of the content to you under any circumstances. Any content, which is derogatory, defamatory, or hateful and without any substantial evidence may be taken down at our sole discretion.

SpeechSkills reserves the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at any time for any reason. With the exception of returning unused fees paid in advance, 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 by SpeechSkills.

DELIVERY OF CONFIDENTIAL INFORMATION BY USER

SpeechSkills discourages users from sending SpeechSkills any confidential or proprietary information through the 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

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 info@speechskills.com. 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 Services (collectively, "Disputes") will be settled by binding arbitration between you and SpeechSkills, except the right to seek injunctive or other equitable relief 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. 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.

ARBITRATION RULES AND GOVERNING LAW

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.