Use of the Speak UP!® Site, the Speak UP!® App and the Services is limited to Speak UP!® SERVICE PROVIDER customers who have contracted with Speak UP!® SERVICE PROVIDER for the Speak UP!® Services and, if applicable, such customers’ users. These Terms and Conditions (the “Terms and Conditions”) govern the use of the Speak UP!® SERVICE PROVIDER site (the “Speak UP!® Site”) and the services, features, and content offered by Speak UP!® SERVICE PROVIDER (the “Speak UP!® Services”), and software applications (the “Speak UP!® App”) offered by Speak UP!® SERVICE PROVIDER. As used in these Terms and Conditions, “Speak UP!® SERVICE PROVIDER”, “Speak UP!®”, “we”, “us” and “our” refers to affiliates or subsidiaries of Speak UP! Technologies, LLC and means Speak UP!® SERVICE PROVIDER. If you are accepting these Terms and Conditions on your own behalf, then the terms “you”, “your” and “user” means the individual accepting these Terms and Conditions and such individual is personally bound by these Terms and Conditions. If you are accepting these Terms and Conditions on behalf of a company or other legal entity, then the terms “you”, “your” and “user” mean such company and its affiliates, officers, directors, employees, agents, contractors and assigns. If you are entering into these Terms and Conditions on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms and Conditions. If you do not have such authority, you are not authorized to use the Speak UP!® Site, Speak UP!® App or Speak UP!® Services.
By logging in, clicking the “I Accept” (or similar) button or box, or registering for or using the Speak UP!® Site, Speak UP!® App or Speak UP!® Services, you acknowledge that you have read, understood, agree with and accept all of the Terms and Conditions herein and the Speak UP!® SERVICE PROVIDER Privacy Policy. By using the Speak UP!® Site, Speak UP!® App or Speak UP!® Services, you represent and warrant to us that you are at least eighteen (18) years of age, eligible to use the Speak UP!® Site, Speak UP!® App and Speak UP!® Services, with the ability to be bound by these Terms and Conditions, that the name used when you registered is your name, that you and your use of the Speak UP!® Site, Speak UP!® App and Services will comply with all applicable laws, that you will not use the Speak UP!® Site, Speak UP!® App or Speak UP!®Services, directly or indirectly, for any fraudulent use or activity not authorized by the nature of the same, that you are not located in a country that is subject to an embargo, or that has been designated as a “terrorist supporting” country, that you are not listed on any list of prohibited or restricted parties; and that the bank account(s) and/or payment card(s) you registered in your Account are owned by you, have been issued in your name and are in good standing. You may not access the Speak UP!® App or Services if you are our competitor. In addition, you may not access the Site, Speak UP!® App or Services for purposes of monitoring or analyzing their availability, performance or functionality, or for any other benchmarking or competitive purpose. Your continued access or use of the Speak UP!® Site, Speak UP!® App or Speak UP!® Services shall be deemed acceptance of all changes in these Terms and Conditions.
You must obtain a User ID and a user account (an “Account”), and when you create an Account or use the Speak UP!® Site, Speak UP!® App or Speak UP!® Services, you thereby agree to these Terms and Conditions and the terms of the Privacy Policy. You are solely responsible for keeping your Account User ID and password secure and for the activity of your Account. You must not select as a User ID a name of another person, a User ID a word subject to any third party rights or a username that is otherwise offensive, vulgar or obscene. You may not use another user account for the Speak UP!® App or Speak UP!® Services. Each time you submit or approve expenses using the Speak UP!® App or Speak UP!® Services, you are representing that the information is accurate and you are authorized to submit or approve such expense. You must notify us immediately if there is any change in your eligibility or a breach of security involving your Account.
The Speak UP!® SERVICE PROVIDER Privacy Policy contains information about our privacy practices and is incorporated into these Terms and Conditions by this reference, which explains how Speak UP!® collects, uses and shares your personal information in connection with the Speak UP!® Site, Speak UP!® App and Speak UP!® Services Speak UP!® SERVICE PROVIDER may, in our sole discretion, refuse to offer the Speak UP!® Site, Speak UP!® App or Speak UP!® Services to any person or entity, and change our eligibility criteria, at any time. The Speak UP!® Site, Speak UP!® App and Speak UP!® Services are offered only for your use, and not for the use or benefit of any third party. Speak UP!® SERVICE PROVIDER reserves the right to update these Terms and Conditions or other policies at its discretion, at any time, for any reason, without notice, including without limitation the right to terminate, change or suspend in whole or in part the Speak UP!® Site, Speak UP!® App or Speak UP!® Services. We can provide these Terms and Conditions and Privacy Policy (and revisions or amendments), notices, disclosures, payment authorizations, and any other matter relating to your use of the Speak UP!® Site, Speak UP!® App or Speak UP!® Services to you electronically, either by posting it on the Speak UP!® Site, or by sending you notice through the Speak UP!® App or Speak UP!® Services, or by emailing you at the email address provided by you in connection with your Account.
All access by you using the Speak UP!® Site, Speak UP!® App or Speak UP!® Services is at your own risk and you will be solely responsible for any damage or loss cause to you or anyone else. The Speak UP!® Site, Speak UP!® App and Speak UP!® Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyright, trademark or other proprietary rights and laws. Should a user add, create, upload, submit, distribute, or post any Content to the Speak UP!® Site, Speak UP!® App or Speak UP!® Services (“User Content”), such User Content shall be considered non-confidential and non-proprietary and you agree that all of your User Content does and will comply all applicable laws, rules and regulations, and that we may publish such User Content in our sole discretion, and you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such User Content without restrictions. We reserve the right to, but do not have any obligation to, remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason or for no reason at all. “Content” shall include information, data (graphics or audio), text, software, scripts, and interactive features made accessible on or through the Speak UP!® Site, the Speak UP!® App or the Speak UP!® Services. Content also includes all User Content (as defined herein).
Unless otherwise stated, Speak UP!®, Speak UP! Technologies, LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Republish material from this website (including republication on another website);
To allow you to utilize features within our Sites by granting us access to information from your device such as contact lists, or geo-location when you request certain services.
Sell, rent or sub-license material from the website;
Show any material from the website in public;
Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
Edit or otherwise modify any material on the website; or
Redistribute material from this website [except for content specifically and expressly made available for redistribution.
We grant you a non-transferable, non-exclusive, revocable, non-licensable, limited license to use the Speak UP!® Site and Speak UP!® App solely for purposes of using the Speak UP!® Services. As a condition to this license grant, in addition to full compliance with these and other applicable terms and policies, we reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, enforce these Terms and Conditions, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of us, our users and the public. Speak UP!® SERVICE PROVIDER on behalf of itself and its licensors and suppliers, reserves all rights not expressly granted to you in these Terms and Conditions. The Speak UP!® Site, Speak UP!® App and Speak UP!® Services are protected by copyright, trade secret and other intellectual property laws. You acknowledge and agree that Speak UP!® SERVICE PROVIDER or its third party providers, or their respective licensors owns or has the legal right and title to the copyright and other worldwide intellectual property rights in the Speak UP!® Site, Speak UP!® Services and the Speak UP!® App and all copies thereof. These Terms and Conditions do not grant you any rights to the trademarks or service marks of Speak UP!® SERVICE PROVIDER or its third party providers or their respective licensors. We may in our sole discretion terminate this license at any time, for any reason, and we may terminate your access to all or any part of the Speak UP!® Site, Speak UP!® App or Speak UP!® Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership.
You shall not bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the above or other accounts, computer systems or networks, run any form of auto-responder or “spam”, use manual or automated software, devices, or other processes to “crawl” or “spider” any page, harvest or scrape any Content from the Speak UP!® Site, Speak UP!® App or Speak UP!® Services. You shall not (and shall not permit any third party to) take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Speak UP!® Site, Speak UP!® App or Speak UP!® Services, including without limitation any User Content, that infringes any right of any other person or entity or violates any law or contractual duty, or that you know is false, misleading, untruthful or inaccurate, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion or constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”), contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party, impersonates any person or entity, including any of our employees or representatives; or includes anyone’s identification documents or sensitive financial information without that person’s authorization. In addition you shall not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Speak UP!® Site, Speak UP!® App or Speak UP!® Services (including without limitation any application), modify, translate, or otherwise create derivative works of any part of the Speak UP!® Site, Speak UP!® App or Speak UP!® Services, or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Speak UP!® SERVICE PROVIDER is not responsible for any emails, communication or information you send or receive using Social Media features, you are solely responsible for ensuring that your use complies with all applicable laws, rules and regulations, these Terms and Conditions, and any terms, conditions and restrictions of the particular Social Media and we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party website, service or resource. You may link to other third party websites, services or resources through the Speak UP!® Site, Speak UP!® App or Speak UP!® Services at your own risk.
Your use of the Speak UP!® Services, the Speak UP!® App and the Speak UP!® Site is solely at your own risk. We, and our affiliates, officers, directors, employees, agents, contractors, suppliers and content providers, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any Content or software available at or through the Speak UP!® Services is free of viruses or other harmful components; or (iv) the results of using the Speak UP!® Services will meet your requirements. The Speak UP!® Site, Speak UP!® App and Speak UP!® Services are provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, under any applicable law of any country, all of which are expressly disclaimed.
By enrolling in recurring payment program, you authorize EFT Network, Inc. on behalf of Speak UP! Technologies, LLC: (a) to initiate recurring automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify, or (b) to initiate recurring charges from your specified credit card.
The amount debited from your checking or savings account or charged to your credit card every month will be the then current balance on your account. Once your enrollment is processed, all payments will be automatically withdrawn from your specified checking or savings account or charged to the designated credit or debit card on the statement due date, unless you terminate your authorization in the manner described herein.
You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers and/or that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option. YOU HAVE THE RIGHT TO TERMINATE YOUR
AUTORISATION À TOUT MOMENT EN CONTACTANT Speak UP! À [email protected]
You must update all changes to your checking/savings account or credit/debit card information by logging into your account. If you do not update your checking/savings account or credit/debit card information and Speak UP!® is unable to charge your credit card or withdraw funds from your debit card, checking account, or savings account for the amount due on your account, you may be subject to applicable late fees, returned item charges and any fees or charges assessed by your financial institution.
Except as otherwise specified herein (i) fees are based on Services and Content subscriptions purchased and not actual usage and (ii) payment obligations and fees are non-refundable.
We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defense. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective representatives, affiliates, officers, directors, employees, agents, contractors, suppliers and content providers from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Speak UP!® Site, the Speak UP!® App, the Speak UP!® Services, Content, or otherwise from your User Content, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity on the Speak UP!® Site, Speak UP!® App or Speak UP!® Services, of any intellectual property or other right of any person or entity.
Under no circumstances shall Speak UP!® , nor any of its affiliates, officers, directors, employees, agents, contractors, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Speak UP!® Site, Speak UP!® App or Speak UP!® Services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, Trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of the greater of (a) the fees, if any, paid by you to us for the particular Speak UP!® Services during the immediately previous three (3) month period or (b) the fees paid to Speak UP!® SERVICE PROVIDER for your use of the particular Speak UP!® Services during the immediately previous six (6) month period.
All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Our waiver of or failure to exercise any right provided for in these Terms and Conditions will not be deemed a waiver of any further or future right under these Terms and Conditions. These Terms and Conditions are the entire agreement between you and us with respect to the Speak UP!® Site, Speak UP!® App and Speak UP!® Services. These Terms and Conditions are personal to you and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent. If any provision of these Terms and Conditions is held to be invalid or unenforceable, it will be stricken from these Terms and Conditions and all other provisions of these Terms and Conditions will remain in full force and effect. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. We act as an independent contractor in providing the Speak UP!® Site, Speak UP!® App and Speak UP!® Services and neither you nor we are the partner, employee or agent of the other and neither has the authority to bind or obligate the other in any way. The Speak UP!® Site, Speak UP!®App, Speak UP!® Services, Content, other technology we make available, and derivatives thereof may be subject to export laws and regulations of several jurisdictions. You agree to not export any intellectual property of Speak UP!® in contravention of such laws. These Terms and Conditions shall be governed by and interpreted in accordance with the laws for the State of Connecticut without regard to its conflict of laws principles. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions shall be governed by the exclusive jurisdiction and venue for the State of Connecticut.
