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Welcome to www.speak-tome.com ("SpeakToMe"), a web services company for experts and their clientele. SpeakToMe is owned and operated by SpeakToMe, Inc. The specific features and functionality of the Site are to be determined solely by SpeakToMe and are subject to change or termination without notice.
You agree that by using this service you are at least 18 years of age or a legally organized entity, and that you are legally able to enter into a contract.
This Agreement sets and contains all of the terms and conditions between you, an expert in your field ("Expert") and SpeakToMe. By clicking the "Yes" button and then registering with SpeakToMe, a binding agreement will be executed between you and SpeakToMe. The Expert should therefore read this Agreement carefully. If, however, you (the Expert) do not agree to be bound by this Service Agreement, you will not be able to register as an Expert at SpeakToMe.
By registering as an Expert and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of SpeakToMe's Privacy Policy which is incorporated into this Agreement. When you register as an Expert you automatically become a site Client, therefore the provisions of the SpeakToMe Client Terms and Conditions are an integral part hereof, and are incorporated herein as part of this Agreement.
SpeakToMe provides a platform where an Expert may sell advice or services to the Expert's clients ("Clients"). SpeakToMe makes no representation or warranty whatsoever as to the willingness or ability of Clients to pay for any advice given by the Expert.
The Expert acknowledges and agrees that SpeakToMe is being provided for use as is, and therefore Expert will not have any plea, claim or demand vis-a-vis SpeakToMe in respect to Clients, properties, limitations or compatibility with the Expert's needs. The use of SpeakToMe is accordingly being made at the Expert's sole and entire risk, without warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
SpeakToMe will not be deemed the provider or recipient of any services acquired through SpeakToMe. The sale or purchase of services is accordingly effected at the Expert's sole and entire risk.
Under no circumstances will SpeakToMe, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Expert for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence or other tortious action, or arising from the services or an provision of this agreement.
SpeakToMe, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents' aggregate liability for direct damages arising with respect to this agreement will not exceed the total amount of money paid to SpeakToMe by Expert through SpeakToMe in the six month period prior to the date the claim arose.
Expert acknowledges and agrees that SpeakToMe disclaims any liability with respect to any claim, suit or action brought by a Client in connection with provision of any services by Expert (including, without limitation, representations by the Expert as to Expert's qualifications and advice provided by the Expert) through the SpeakToMe service and Expert agrees to indemnify and hold SpeakToMe harmless in connection with any such claim and any damages or expenses arising therefrom. SpeakToMe will not be liable for enforcing any agreement that was made between an Expert and a Client, including Expert fee agreement. Expert will be solely responsible for any agreement made with a Client.
Expert further acknowledges that Expert will solely be responsible and liable for any damages to any Client to whom expert provides services and where that Client suffers damages arising from or connected to such services. In the event of a dispute regarding any transaction conducted through SpeakToMe, Expert hereby releases SpeakToMe and its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of claims or demands and from any and all losses (direct, indirect, incidental and consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which Expert may have against one or more of the above.
When you, the Expert, create and open an account with SpeakToMe, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. SpeakToMe will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by SpeakToMe due to someone else's use of your account or password.
You, the Expert, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using SpeakToMe as an Expert, you will act according to the following rules:
Experts generate revenue from Clients, either by attracting Clients to participate in private sessions or by accepting direct payments for services delivered on SpeakToMe outside the private session mechanism. The Expert sets the per-minute charge for a private session in their Expert administrative section.
Charges to Clients for private sessions with Experts are based on fractions of a minute. If a Client's private session lasts 0.17 minutes, for example, the Client is billed 0.17 times the per minute private session rate as set by the Expert. If a Client's private session lasts 10.45 minutes, the Client will be billed 10.45 times the per minute private session rate as set by the Expert.
Starting August 26, 2008, SpeakToMe's commission (the "SpeakToMe Commission") will be 17% of revenues paid by Clients to Experts.
SpeakToMe reserves the right to modify the SpeakToMe Fees at any time without prior notice. However, SpeakToMe will use reasonable efforts to notify the Expert in advance of any such change via email and/or posting modifications to the Site.
Expert's account balance, calculated as the sum of received Client credits less the 17% SpeakToMe Commission, will be shown on a real-time basis within the Expert's administration section.
The Expert's account balance as of five business days prior to monthend will be sent to the Expert on the first day of each month. If the payment to Expert for any given month would be less than $50, however, SpeakToMe may hold such payment to Expert until the amount due is equal to or exceeds $50. SpeakToMe shall send the Expert payment by check.
Expert alone is responsible for reporting and paying any applicable tax or tariffs levied on him in connection with fees receivable or received due to Expert's participation in SpeakToMe.
Notwithstanding the foregoing, Expert authorizes SpeakToMe to withhold, in its discretion, payments to Expert of certain amounts paid by Clients by credit card until adequate time has passed to ensure that the payment will not be disputed by the paying Client or charged back by such Client's credit card issuer, or, if SpeakToMe reasonably believes that fraudulent activity may have occurred in connection with payment, until SpeakToMe is able to verify that no such activity has occurred.
For Experts who simultaneously participate as Clients, SpeakToMe shall be entitled to transfer or set-off payments from an Expert's pending earnings against such Expert's outstanding balance as a Client.
Expert may terminate their Agreement with SpeakToMe at any time by sending a signed notice to SpeakToMe via mail or fax. E-mails will not be accepted. SpeakToMe shall invalidate Expert's user name and password within five (5) business days of receiving such notice. Notwithstanding termination, all obligations of Expert under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
SpeakToMe reserves the right to discontinue, temporarily or permanently, the services in SpeakToMe, with or without notice to Expert. Expert agrees that SpeakToMe shall not be liable to Expert or any third party for any modification or discontinuance to SpeakToMe's services, or for any losses or damages that may result to Expert or his or her Clients from such discontinuation or interruption of service.
SpeakToMe's services depend upon different factors such as: software, hardware and communications networks of SpeakToMe, its contractors and suppliers. Hence, SpeakToMe cannot guarantee that SpeakToMe will not be interrupted, or that it will be timely, secure or error-free.
SpeakToMe, in its sole discretion and for any reason, may terminate Expert's participation in SpeakToMe and refuse any and all current or future use by Expert of SpeakToMe.
SpeakToMe may change this Agreement by posting modifications on the Site. Unless otherwise specified by SpeakToMe, all modifications shall be effective upon posting. Therefore, Expert is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Expert agrees to be bound by such changes to the Agreement. If Expert does not agree to the changes, Expert may terminate access to the Site and participation in SpeakToMe's services.
SpeakToMe is the sole owner of all the intellectual property, and in particular the copyright, trade marks, database and patents, in SpeakToMe and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.
SpeakToMe contains copyrighted material, trade secrets and proprietary information owned by SpeakToMe. This Agreement does not grant the Expert any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of SpeakToMe. The Expert may not create derivative software based upon any trade secret, intellectual property or proprietary information of SpeakToMe. Furthermore, the Expert may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in SpeakToMe.
The Expert may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of SpeakToMe's and SpeakToMe, or take any other action which infringes or impairs SpeakToMe's trademark rights.
Expert shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of SpeakToMe. Any purported transfer, assignment or delegation by Expert without the appropriate prior written approval will be null and void and of no force or effect.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Connecticut (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of Connecticut. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between SpeakToMe and Expert with respect to the subject matter hereof, and Expert has not relied upon any promises or representations by SpeakToMe with respect to the subject matter except as set forth herein. In the event of any conflict between this Agreement and the SpeakToMe Client Terms and Conditions Agreement, this Expert Agreement shall take precedence.
No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
Welcome to www.Speak-ToMe.com ("SpeakToMe" or "Site"), a web services company for Experts and their clientele. SpeakToMe is owned and operated by SpeakToMe, Inc. The specific features and functionality of the Site are to be determined solely by SpeakToMe and are subject to change or termination without notice.
You agree that by using this service you are at least 18 years of age or a legally organized entity, and that you are legally able to enter into a contract.
This Agreement sets and contains all of the terms and conditions between you, a client of SpeakToMe services ("you" or "Client") and SpeakToMe. By clicking the "Yes" button and then registering with SpeakToMe, a binding agreement will be executed between you and SpeakToMe. The Client should therefore read this Agreement carefully. If, however, you (the Client) do not agree to be bound by this Agreement, you will not be able to register as a Client at SpeakToMe.
By registering as a Client and agreeing to the terms and conditions of this Agreement, you also are agreeing to the terms of the SpeakToMe Privacy Policy, which is incorporated into this Agreement.
SpeakToMe provides a platform for Clients to communicate with Experts and to pay for services provided by such Experts. SpeakToMe makes no representation or warranty whatsoever as to (a) the willingness or ability of any Expert to give advice, (b) whether the Client shall find the advice given by an Expert satisfactory, (c) whether the advice of the Expert will provide an adequate solution to his or her question, or (d) whether the Expert advice will otherwise be suitable to his or her needs.
SpeakToMe cannot and will not make any effort to verify the identity, qualifications, credentials, biographic information and any of information regarding any of the Experts. Therefore, Client will have the sole responsibility to verify the Expert's identity, qualifications, credentials, biographic information, licenses held, and other information delivered to Client by Expert.
Client acknowledges and agrees that the SpeakToMe service is provided "as is", and therefore Client will not have any claim or demand vis-a-vis SpeakToMe in respect to SpeakToMe's Experts, properties, limitations or compatibility with the Client's needs. The use of SpeakToMe is at the Client's sole risk. To the fullest extent of the law, SpeakToMe expressly disclaims all warranties of any kind, express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.
SpeakToMe expressly disclaims all warranties for information posted or transmitted by Experts. If a Client decides to rely on information provided by an Expert following the use of SpeakToMe, Client must exercise a high standard of care. The Client shall not have any claim or demand vis-a-vis SpeakToMe, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents in respect to any service or advice Client decides to receive and/or to rely on. SpeakToMe will not be deemed the provider of any services or information acquired through SpeakToMe. The purchase of services is effected at the Client's sole risk.
Under no circumstances will SpeakToMe, its affiliates, and their respective officers, directors, shareholders, employees, sub-contractors and agents be liable to any Client for any indirect, incidental, consequential, special, punitive or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in action of contract, negligence, or other tortious action, or arising from the services or any provision of this agreement. SpeakToMe, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents' aggregate liability for direct damages arising with respect to this agreement will not exceed the total amount of money paid by Client to Experts through SpeakToMe in the six month period prior to the date the claim arose.
SpeakToMe will not be liable for enforcing any agreement that was made between an Expert and a Client including a user fee agreement. Client will be solely responsible for any agreement made with an Expert.
In the event of a dispute regarding any transaction conducted through SpeakToMe, the Client hereby relieves SpeakToMe, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorney's fees, which Client may have against one or more of the above.
When you, the Client, create and open an account with SpeakToMe, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You will immediately notify SpeakToMe of any unauthorized use of Client's password, user name, e-mail, or any other breach of security. SpeakToMe will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by SpeakToMe due to someone else's use of your account or password.
You, the Client, will be solely and fully liable for all conduct, postings and transmissions that are made under your user name and password. You warrant and declare that while you are using SpeakToMe you will act according to the following rules and agree to the following:
Payments from Clients to Experts can be generated in two ways, through private sessions or by direct payments.
Charges to Clients for private sessions with Experts are based on fractions of a minute. If a Client's private session lasts 0.17 minutes, for example, the Client is billed 0.17 times the per minute private session rate as set by the Expert. If a Client's private session lasts 10.45 minutes, the Client will be billed 10.45 times the per minute private session rate as set by the Expert.
Direct payments are account transfers directly from a Client to an Expert in exchange for services generated on SpeakToMe but not encompassed by the private session mechanism.
SpeakToMe reserves the right to discontinue, temporarily or permanently, the services in SpeakToMe, with or without notice to Client. Client agrees that SpeakToMe shall not be liable to Client or any third party for any modification or discontinuance of SpeakToMe's services, or for any losses or damages that may result to Client from such discontinuation or interruption of service.
SpeakToMe's services depend on various factors such as software, hardware and communications networks of SpeakToMe, its contractors and suppliers. Hence, SpeakToMe cannot guarantee that SpeakToMe's service will be uninterrupted or that it will be timely, secure or error-free.
SpeakToMe, in its sole discretion and for any reason, may terminate Client's participation in SpeakToMe and refuse any and all current or future use by Client of SpeakToMe.
SpeakToMe may change this Agreement or any part hereof at any time according to its absolute discretion and without any prior notice. Therefore, Client is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes, Client agrees to be bound by such changes to this Agreement.
SpeakToMe is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in SpeakToMe and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein.
SpeakToMe contains copyrighted material, trade secrets and proprietary information owned by SpeakToMe. This Agreement does not grant the Client any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of SpeakToMe. The Client may not create derivative software based upon any trade secret, intellectual property or proprietary information of SpeakToMe. Furthermore, the Client may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in SpeakToMe.
The Client may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of SpeakToMe's and SpeakToMe, or take any other action that infringes upon or impairs SpeakToMe's trademark rights.
Client shall not assign his or her rights and obligations according to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of SpeakToMe. Any purported assignment by Client without the appropriate prior written approval will be null and void and of no force or effect.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Connecticut (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Connecticut. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between SpeakToMe and Client with respect to the subject matter hereof, and Client has not relied upon any promises or representations by SpeakToMe with respect to the subject matter except as set forth herein.
No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
SpeakToMe Inc. is the sole owner of the information collected on this Site. SpeakToMe will not sell, share, or rent this information to others, including advertisers, in any way. We will only use the information that you provide us to help facilitate communication between an Expert and a Client utilizing SpeakToMe's expert services.
By consenting to this Agreement, you agree and acknowledge that SpeakToMe may collect, process, and transfer any information, private or otherwise, generated on this site so long as SpeakToMe does so for the purpose of facilitating the communication between Expert and Client.
In addition, SpeakToMe may screen, copy, transmit and review all communications conducted by or through SpeakToMe for technical support and/or in order to uphold the terms of this Agreement.
It is our goal to provide the best service in the online expert opinion industry. We value your business and guard your privacy with the utmost care.