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.