TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
A. Welcome to InternetSpeech. InternetSpeech provides users with Internet and voice-enabled access via telephone to a rich collection of on-line resources, including the World Wide Web and email (the "Service"), subject to the following Terms of Service ("TOS" or "Agreement"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.internetspeech.com/tos.htm All such updates are hereby incorporated by reference into the TOS. By signing below and/or registering for the InternetSpeech Service, you agree to be bound by the TOS.
2. DESCRIPTION OF SERVICE
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new InternetSpeech properties shall be subject to the TOS.
3. YOUR REGISTRATION OBLIGATIONS
You agree to: (a) provide true, accurate, current and complete information about yourself in the Service's registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or InternetSpeech has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, InternetSpeech.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. CHILDREN AND MINORS
If you are under the age of thirteen, you are prohibited from registering for or using the Service. You warrant to InternetSpeech that you are above the age of thirteen. In addition, parents of children between the ages of 13 and 18 should be aware that the Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the Service is inappropriate for your child.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You solely and fully are responsible for maintaining the confidentiality of the password and account, and are solely and fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify InternetSpeech of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. InternetSpeech cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
7. CONSENT TO RECORD YOUR VOICE
Users of the e-mail service will have their voices recorded and attached to e-mail when they reply to and forward e-mail. Commands are occasionaly recorded for tuning purposes. You agree and consent that InternetSpeech may record the oral or voice communications, utterances, commands or conversations ("Voice Commands") made by you during the use of the Service. You expressly consent and grant to InternetSpeech the right to record and use your Voice Commands. If you object to such recording, please do not subscribe.
8. USER CONDUCT
As a condition of your use of the Service, you warrant to InternetSpeech that you will not use the Service for any purpose that is unlawful or prohibited by the TOS. You may not use the Service in any manner that could damage, impair, disable or overburden the Service or in any way interfere with InternetSpeech’s rights or any other user's use and enjoyment of the Service. You may not engage in any activities that: (a) constitute or encourage a violation of any applicable law or regulation; (b) defame, impersonate or invade the privacy of any third party; (c) infringe the rights of any third party, including intellectual property, business, contractual and fiduciary rights; or (d) are in any way connected with the transmission of "junk mail," "spam" and/or the other mass distribution of unsolicited e-mail.
InternetSpeech does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will InternetSpeech be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by InternetSpeech or submitted to InternetSpeech, obtained by use of the service, and in all other parts of the Service.
You agree to indemnify and hold InternetSpeech, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your breach of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
Unless otherwise specified by InternetSpeech, the Service is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, displace, perform, reproduce, publish, license, transfer, or sell any information, products or services that you access or obtain from any portion of the Service
12. MODIFICATIONS TO SERVICE
InternetSpeech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that InternetSpeech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that InternetSpeech, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if InternetSpeech believes that you have violated or acted inconsistently with the letter or spirit of the TOS. InternetSpeech may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that InternetSpeech may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that InternetSpeech shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that InternetSpeech shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to and content from other World Wide Web sites or resources. Because InternetSpeech has no control over such sites and resources, you acknowledge and agree that InternetSpeech is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that InternetSpeech 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. INTERNETSPEECH'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by InternetSpeech or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
17. WARRANTY DISCLAIMER
YOU AGREE THAT:
A. If YOU USE THE SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTERNETSPEECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. INTERNETSPEECH DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR INTERNETSPEECH COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM INTERNETSPEECH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT INTERNETSPEECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF INTERNETSPEECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
B. Neither party will be liable for any failure or delay in performing under this Agreement where such failure or delay is due to causes beyond its reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communications systems breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.
C. IN NO EVENT WILL THE AGGREGATE LIABILITY OF INTERNETSPEECH TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE TOS EXCEED THE SUM OF FIVE HUNDRED ($500) DOLLARS.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
You agree that InternetSpeech may communicate any notices to you, including notices of changes to the TOS, through e-mail, regular mail or by posting of those notices on the InternetSpeech web site or through the Service.
20. TRADEMARK INFORMATION
InternetSpeech, the InternetSpeech logo and other InternetSpeech logos, product and service names are trademarks, service marks or other intellectual property of InternetSpeech, Inc. (the "InternetSpeech Marks"). You agree not to display or use the InternetSpeech Marks in any manner without the prior permission of InternetSpeech.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and InternetSpeech and govern your use of the Service, superceding any prior agreements between you and InternetSpeech. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software obtained through the service. The TOS and the relationship between you and InternetSpeech will be governed by the laws of the State of California without regard to its conflict of law provisions. You and InternetSpeech agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of InternetSpeech to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, 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. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
I DO agree to and accept the TOS
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