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TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE OR OUR SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF THE TIME THAT YOU REGISTER FOR SERVICES.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that governs the relationship between SpeechMod, PLLC (hereinafter the “Company”) and anyone who uses of the Company’s website or services.
You acknowledge that accents are not medical conditions. You acknowledge that this screening does not evaluate or diagnose any medical condition, nor is information you provide considered medical history. You acknowledge that this screening is not a comprehensive assessment of your accent and is intended only to determine whether you are a good candidate for a comprehensive assessment.
You are responsible for your internet connectivity and hardware.
All communication is in English. Do not expect the speech-language pathologist (SLP) to be bilingual.
Services are deemed delivered from the state of North Carolina, USA. The laws of the state of North Carolina and of the United States govern delivery of services and any relationship between you and the Company. Any dispute will be subject to arbitration in Durham or Raleigh, North Carolina. You and the Company agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SLPs are licensed by various states of the United States and are certified by the American Speech, Language Hearing Association (ASHA). No other licensure laws or certifications apply.
COMMERCIAL REUSE OF SERVICES
The services we provide are solely for your use. They are not intended as training in delivering accent management coaching. You agree not to attempt to replicate our service model, or to deliver accent management services to others.
LINKS
The Company may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources. We do not endorse nor are we responsible or liable for any content, products, advertising or any other materials on or available from such third party sites or resources. Furthermore, you acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or alleged to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You acknowledge and agree that the Company’s services and any essential software that may be used in connection with our services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. You agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, and/or create any plagiaristic works which are based on the Company’s services (e.g. Content or Software), in whole or part.
WARRANTY DISCLAIMERS
From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by previous customers. You acknowledge that the prior success of others does not guarantee your success.
As with any business or profession, your results may vary and will be based on your individual capacity, experience, expertise, and motivation. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any measurable progress at all and you accept the risk that progress and results differ by individual. Each individual’s success depends on his or her specific situation, background, dedication, desire and motivation.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY.
IN NO EVENT WILL YOU HAVE ANY CLAIM AGAINST ANY MEMBER, MANAGER, EMPLOYEE, CONTRACTOR, OR AGENT OF THE COMPANY. YOU HEREBY WAIVE ALL SUCH CLAIMS.
THIRD PARTY BENEFICIARIES
You acknowledge, understand and agree, except for the members, managers, employees, contractors, and agents of the Company, who are intended beneficiaries of the releases and limitations of liability contained herein, that there shall be no third-party beneficiaries to this agreement.
TRADEMARK INFORMATION
You acknowledge, understand and agree that all of the Company trademarks, copyright, trade name, service marks, and other logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of the Company. You herein agree not to display and/or use in any manner the the Company logo or marks without obtaining the Company’s prior written consent.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and the Company and shall govern the use of our services, superseding any prior version of this TOS between you and us with respect to the Company’s services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Company services, affiliate services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
The relationship between you and the Company shall be governed by the laws of the state of North Carolina, USA without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and the Company shall subject to arbitration within the Counties of Durham or Wake, North Carolina. You and the Company agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
If the Company fails to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our services or the TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.