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Terms and Conditions
speakoutli.com Terms and Conditions
The following describes the terms on which speakoutli.com offers you access to our services.
Introduction Welcome to speakoutli.com. By using the services on the speakoutli.com website (the "Sites")
you are agreeing to the following terms, including those available by hyperlink,
(the "Agreement" or "User Agreement") with speakoutli.com and the general principles for the website.
Before you may become a member of speakoutli.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the
This Agreement is effective on August 1st, 2010, for current users, and upon acceptance for new users.
While using the Sites, you will not:
- post content or items in an inappropriate category or areas on the Sites;
- violate any laws,
third party rights, or our policies
- use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or
indefinitely suspended from our Sites;
- post false, inaccurate, misleading, defamatory, or libelous content
(including personal information);
- transfer your speakoutli.com account and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm speakoutli.com, or the interests or property of speakoutli.com users;
- copy, modify, or distribute content from the Sites and speakoutli.com copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
speakoutli.com and the Community work together to keep the Sites working properly and the
Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove
hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal
liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Services Joining speakoutli.com and posting is free.
Content License When you give us content, you grant us a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)
Liability You will not hold speakoutli.com responsible for other users' actions or inactions, including
things they post. The Sites are a venue to allow anyone to post, comments and thoughts,
at anytime, from anywhere. We have no control over and do not guarantee
the quality, safety or legality of postings, the truth or accuracy of posts.
We cannot guarantee continuous or secure access to our services, and
operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted,
we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any
special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of
warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the
greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $1.
Release If you have a dispute with one or more users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and
unknown, arising out of or in any way connected with such disputes.
Access and Interference The Sites contains robot exclusion headers. Much of the information on the
Sites is updated on a real-time basis and is proprietary or is licensed to speakoutli.com by our users or third parties. You agree that you will not use any
robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately
large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display
any content (except for Your Information) from the Sites without the prior expressed written permission of speakoutli.com and the appropriate third party,
- interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
PrivacyWe do not sell or rent your personal information to third parties for their marketing
purposes without your explicit consent. We use your information only as described in the
important community principle. We store and process your information on computers located in the United States that are protected by physical
as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain
communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description
If you object to your Information being transferred or used in this way please do not use our services.
Indemnity You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint
ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out
of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
Notices Except as explicitly stated otherwise, legal notices shall be served on speakoutli.com
national registered agent (in the case of speakoutli.com) or to the email address you provide to speakoutli.com during the registration process (in your case).
Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively,
we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three
days after the date of mailing.
Resolution of Disputes If a dispute arises between you and speakoutli.com, our goal is to provide you with
a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and speakoutli.com agree that we will resolve any claim or controversy
at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you
otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
We will consider reasonable
requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Sites. When using particular
services on the Sites, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be
posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
- Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the
State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents,
without regard to conflict of law provisions. You agree that any claim or dispute you may have against speakoutli.com must be resolved by a court
located in Suffolk County, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
You agree to submit to the personal jurisdiction of the courts located within Suffolk County, New York for the purpose of litigating
all such claims or disputes.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief)
where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost
effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such
arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider
and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based
on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on
the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Improperly Filed Claims -
All claims you bring against speakoutli.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought
contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section,
speakoutli.com may recover attorneys' fees and costs up to $1000, provided that speakoutli.com has notified you in writing
of the improperly filed claim, and you have failed to promptly withdraw the claim.
General If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section.
Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by
you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against
all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Sites. Except as stated elsewhere, all amended terms
shall automatically be effective 30 days after they are initially posted on the Sites. Additionally, we will notify you through the
Sites' message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets
forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any
termination of this Agreement: Release, Content License, Liability,
Indemnity and Resolution of Disputes.