|
|
 |
AGREEMENT BETWEEN USER AND FIND-SPEAKER.COM FOR INTERACTIVE SERVICES
YOU MAY PRINT AND KEEP A COPY OF THIS CONTRACT.
Definitions. The terms and conditions set forth below specify the right, duties and obligations, and constitute an agreement and contract (“Contract”) between FIND-SPEAKER.COM ("FIND-SPEAKER.COM") and users of its website ("you" or "user") The Contract also governs your use of the products, materials and services made available to you by FIND-SPEAKER.COM through its website (the "Website"). This Website is intended to provide information about speakers (“Speakers”) and information which are to be accessed from or on this Website (the “Material”).
ContractTerms/Acceptance. By using the Website, or accessing the Material, you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Contract and agree to be bound by them in connection with your use of the Website. FIND-SPEAKER.COM will not be bound by the terms of this Contract until FIND-SPEAKER.COM’s commencement of performance of its obligations hereunder, or FIND-SPEAKER.COM’s earlier written acceptance of this Contract. FIND-SPEAKER.COM specifically reserves the right to modify or supplement any or all of the terms of this Contract from time to time without notice to you. FIND-SPEAKER.COM reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Website or to receive Material or to change, suspend or discontinue all or any aspect of the Website, including the availability of any feature, database, information or content, at any time and without prior notice or liability. Specifically, you agree that FIND-SPEAKER.COM shall not be liable to you for any change, suspension, discontinuance, or lack of access to this Website or Material.
Term of the Contract. Subject to the provisions relating to cancellation, the term of this agreement shall commence on the date that you first access the Website or Material and will continue for an Initial Term of one year, and shall thereafter renew automatically until terminated by one party giving the other party 5 days written notice.
Disclaimer on Sponsors. FIND-SPEAKER.COM has entered into arrangements with certain Sponsors who have arranged to make other information available through our Website (the "Sponsors"). FIND-SPEAKER.COM’s relationship with a Sponsor is based on factors we establish, which may include the payment of money. All information regarding a specific Sponsor has been provided by that Sponsor. The content has been provided by the Sponsor. Comments about the materials have been provided by users and are not necessarily the opinions of FIND-SPEAKER.COM.
We do not endorse, credential or accredit the Speakers AND MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SPEAKERS OR SOURCE OF PAYMENT OR BILLING PRACTICES OF OUR SPONSORS. WE DO NOT VERIFY OR UPDATE THE LICENSES, ACCREDITATIONS, CERTIFICATIONS OR OTHER PERMITS AND APPROVALS OF ANY SPONSOR. ALL SUCH WARRANTIES AND REPRESENTATIONS ARE EXPRESSLY DISCLAIMED. YOU ARE SOLELY RESPONSIBLE FOR ALL ACTIVITIES BETWEEN YOU AND A SPONSOR, AND YOU AGREE TO INVESTIGATE EACH SPONSOR PRIOR TO CONTACTING THEM, AND YOU REPRESENT THAT YOU ARE RELYING ENTIRELY UPON YOUR OWN INVESTIGATION OF A SPONSOR PRIOR TO RESPONDING THERETO.
Disclaimer forServices/Advice. This Website is not intended to provide specific information or advice concerning any specific problem or situation. This Website contains Material supplied by Sponsors, and comments supplied by users which should be considered as an informational resource. Professionals must use their own professional judgment in using the information in using any Material obtained from this Website.
Right to Delete Material. When we receive an e-mail or message, we make reasonable efforts to respond in as timely a manner as possible but FIND-SPEAKER.COM does not guarantee that it will respond to all inquiries. We reserve the right to ignore or delete any information that is fraudulent, abusive, defamatory, obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person. You should be aware of the general risks of transmitting information over the Internet. While FIND-SPEAKER.COM attempts to prevent unauthorized persons from accessing our files or tampering with our site, we cannot guarantee that these efforts will always be successful or that information will be transmitted without interruption or error.
Links to Other Sites. As you use the Website, you will encounter windows and hyperlinks that take you to web pages or websites of other companies with which we contract, either to make their services available to you or to enable you to communicate directly with those companies. Your use of such web pages or websites, while subject to the terms of this Contract, is also subject to and governed by the terms and guidelines, if any, contained within such web page or website. Where such web page or website contains terms, conditions, policies, notices or disclaimers prepared by FIND-SPEAKER.COM related to the use of our Website or other web pages, or websites accessed through our Website, such terms, conditions, policies, notices or disclaimers are incorporated by reference into this Contract whether or not any such term, condition, policy, notice, or disclaimer is referenced below. You acknowledge that you are aware of and accept these terms and conditions.
In providing links to other websites, FIND-SPEAKER.COM does not represent to you that it has investigated the content of such information, opinions or recommendations, and thus you understand and agree that FIND-SPEAKER.COM does not warrant or guarantee the accuracy of such information or necessarily endorse, credential or accredit any such opinions, recommendations, websites, individuals, organizations or companies. You acknowledge and agree that FIND-SPEAKER.COM has no control over such sites and is not responsible for the availability of such external sites. You also acknowledge and agree that FIND-SPEAKER.COM does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites. You should contact the site administrator or Webmaster for other websites if you have any concerns regarding such links or the content located on such other websites.
If you find any material or information on this website to be offensive, false, misleading, inaccurate or of questionable content or validity, you agree to notify FIND-SPEAKER.COM immediately of your beliefs regarding the same. It is only by your active participation that FIND-SPEAKER.COM will be able to continually provide users with up to date information.
Copyright/TrademarkProtection. The Website contains information, software, text, photographs, graphics and other material that are protected by copyright, trademark or other proprietary rights of FIND-SPEAKER.COM and/or others from whom FIND-SPEAKER.COM has obtained rights. All content on the Website is copyrighted as a collective work pursuant to applicable copyright law. You are granted a limited nonexclusive license to use the information for your personal and noncommercial use. Otherwise, you may not copy, store in electronics form, modify, print, transmit, sell or transfer, create derivative works from, distribute, perform, frame in another web page, display, or in any way exploit any of the content, in whole or in part. Permission to reprint or electronically reproduce any FIND-SPEAKER.COM materials is expressly prohibited without prior written consent from FIND-SPEAKER.COM.
The Website includes an interactive portion that allows users to submit information and materials. USERS AND SPONSORS SHALL NOT PROVIDE COPYRIGHTED OR OTHER PROPRIETARY INFORMATION TO FIND-SPEAKER.COM WITHOUT PERMISSION FROM THE OWNER OF SUCH MATERIAL OR RIGHTS AND SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGES RESULTING FROM SUCH DISCLOSURES. USERS AND SPONSORS SHALL BE SOLELY RESPONSIBLE FOR OBTAINING SUCH PERMISSION AND AGREE TO INDEMNIFY FIND-SPEAKER.COM FOR ANY CLAIM THAT INFORMATION OR MATERIALS SUBMITTED BY YOU INFRINGE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHT. YOU GRANT FIND-SPEAKER.COM A NONEXCLUSIVE LICENSE TO USE, COPY, EDIT, MODIFY, TRANSMIT, DISTRIBUTE AND TO CREATE A DERIVATIVE WORK OF ANY INFORMATION OR MATERIAL SUBMITTED BY YOU THROUGH THE WEBSITE.
You Agree. We may adopt and revise policies from time to time governing the conduct of our users, including, without limitation, when they exchange messages or information, participate in chat sites or community forums, which policies are incorporated by reference into this Contract as noted above. We have the right, but not the obligation, to review, modify, block or delete any postings or messages we consider to be potentially defamatory, obscene, harassing, abusive, threatening or otherwise intended to or having the effect of interfering with or disrupting the exchange of information or operation of the Website. You agree not to use the Website or information from other users to send unsolicited commercial messages, or to initiate unsolicited commercial transactions, either individually or in a mass mailing or message distribution. If you post information, or other materials on the Website, you agree and represent and warrant that you have all rights under applicable law, including without limitation, copyright, trademark, trade secret, or other intellectual property laws, that permit you to provide this information on the Website and that we and all users have the right to download and use that information, software or other materials. You warrant to FIND-SPEAKER.COM that you will not use this Website for any purpose that is unlawful or prohibited by this Contract of use in any manner.
You shall not upload, post or email any content or information that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, (d) offends the community standards of users of the Website (e) interferes with or disrupts the Website, (f) harass another user or (g) otherwise violates any applicable law. Although FIND-SPEAKER.COM does not and cannot review all information sent to us and are not responsible for the content of any of these messages, it reserves the right to delete any message for any reason whatsoever. You remain solely responsible for the content of your communications, AND YOU AGREE TO INDEMNIFY AND HOLD FIND-SPEAKER.COM HARMLESS WITH RESPECT TO ANY CLAIM BASED UPON TRANSMISSION OF YOUR MESSAGE(S). FIND-SPEAKER.COM RESERVES THE RIGHT TO REVEAL YOUR IDENTITY (OR WHATEVER INFORMATION WE KNOW ABOUT YOU) IN THE EVENT OF A COMPLAINT OR LEGAL ACTION ARISING FROM ANY MESSAGE POSTED BY YOU.
FIND-SPEAKER.COM’s Disclaimer of Warranties INFORMATION AND MATERIAL SUPPLIED BY FIND-SPEAKER.COM IS PROVIDED "AS IS, AS AVAILABLE" AND FIND-SPEAKER.COM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENTS OF THIS WEBSITE, THE CONTENTS OF ANY COURSES, MATERIAL OR INFORMATION FURNISHED BY SPONSORS, AND SPECIFICALLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR USE, APPLICATION OR PURPOSE. YOU HEREBY ALSO AGREE THAT FIND-SPEAKER.COM, AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THIS WEBSITE, PARTICIPATION, THE RECEIPT OR USE OF ANY MATERIAL OR ANY INFORMATION YOU OBTAIN ON IT OR ANY OTHER INTERACTION WITH FIND-SPEAKER.COM OR ITS SUBSIDIARIES. IN DOING SO, YOU AGREE THAT YOU ARE WAIVING VOLUNTARILY AND UNEQUIVOCALLY ANY LIABILITY OF FIND-SPEAKER.COM OR ITS SUBSIDIARIES.
Contingent Limitation of Damages. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT FIND-SPEAKER.COM’s TOTAL LIABILITY TO YOU, ANY SPONSOR OR ANY END-USER SHALL NOT EXCEED THE FEE RECEIVED BY FIND-SPEAKER.COM IN RELATION TO YOUR USE OF THIS WEBSITE OR $100, WHICHEVER IS GREATER.
Miscellaneous Provisions If any clause or provision set forth herein is determined to be illegal, invalid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severable without affecting the enforceability of all remaining clauses or provisions.
Additional Disclaimer. YOU ACKNOWLEDGE THAT FIND-SPEAKER.COM (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE INFORMATION OR MATERIAL CONTAINED ON THIS WEBSITE, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE INFORMATION ABOUT A SPEAKER MAY BE USED, AND (C) HAS NO LIABILITY TO ANY PERSON FOR DATA, MATERIAL OR INFORMATION PROVIDED OR POSTED BY OTHER USERS.
TexasLaw/Venue. The application of these provisions, disclosures, terms, conditions and disclaimers and all other matters arising from your use of this Website or of any information you obtain from FIND-SPEAKER.COM shall be governed by the laws of the United States of America and the State of Texas. Any claims, disputes or other controversies relating to or arising from these provisions, disclosures and disclaimers or from your use of this Website or any information you receive from FIND-SPEAKER.COM shall be brought exclusively in the United States District Court, Texas District, Dallas Division or the state District Court for Dallas County, Texas, and you hereby expressly consent to the exercise of jurisdiction over you by such courts. To the fullest extent permitted by applicable law, each party to this Contract waives its or his right to a jury trial with respect to any action brought under or in connection with this Contract.
Merger of Prior Statements This Contract constitutes your entire Contract with FIND-SPEAKER.COM and supersedes all prior or contemporaneous communications, proposals or Contracts, whether oral or written, between us. You agree that this Contract takes effect on your first use of the Website, and that it applies to all persons accessing the Website from your computer. You agree and are obligated to regularly review this Contract for changes and agree to those changes by continuing to use the Website. FIND-SPEAKER.COM has the right to amend this Contract at any time without notice to you by making changes to this Contract as posted.
Shortened Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or out of use of the Website must be filed within one (1) year after the events giving right to such claim or cause of action occurred.
|
 |
|