Last updated: December 5, 2018
YOUR USE OF THIS APP, THE SERVICES IT ENABLES, RELATED WEBSITES AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU ARE UNDER AGE 18 YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.
1. Limited App License
2. Fees and Payments
3. Limitations on Use; Third Party Communications
3.1. Limitations on Use
(a) You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the App or the Content. You may not use any network monitoring or discovery software to determine the App’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the App or the Content. Unless permitted by law or license, you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of the App or the Content. You may not use, transfer, distribute or dispose of the App, the Content or the Services in any manner that could compete with the business of SM. You may not use or otherwise export or re-export the App or any portion thereof, or the Content in violation of the export control law and regulations of the United States of America. Any unauthorized use of the App, the Services or the Content is prohibited.
3.2. Third Party Communications
SM disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. SM assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the App, the Content or the Services.
4. Intellectual Property Rights
Certain sections of the App require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform MP-CSM of any changes to that information. Each registration is for a single individual only unless otherwise specifically agreed between you and SM. SM does not permit i) anyone other than you to use or access the Content or sections of the App requiring registration or to make use of the Services by using your name or password; or ii) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify SM immediately by emailing us via the Contact page at www.speechmatch.com.
6. Errors and Corrections
SM does not represent or warrant that the App, the Content or the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that they will always be accessible. SM does not warrant or represent that the Content or the Services available on or through the App will be correct, accurate, timely, or otherwise reliable. SM may make improvements and/or changes to its features, functionality, the App, the Content or the Services at any time.
7. Assumption of Risk
You are solely responsible for ensuring that your use of the App and the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, copyright rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the App and/or Services.
THE APP, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. SM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SM DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE APP, THE CONTENT, OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY APPS OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE APP, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE APP, THE CONTENT, THE SERVICES OR ANY PORTION THEREOF, (E) YOUR USE OF THE APP, THE CONTENT OR THE SERVICES, AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE APP, THE CONTENT OR THE SERVICES.
9. LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND ARBITRATION
(a) TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SM SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE APP, THE CONTENT, THE SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY THIRD PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP, THE CONTENT, THE SERVICES OR ANY THIRD PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, SM SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MP-CSM’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
(b) YOU AND SM AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF SM AND ALL PARTIES TO ANY SUCH PROCEEDING.
(c) It is SM’s goal that the App and the Service meet your expectations, However, there may be instances when you have a problem or dispute that needs special attention. In those instances, MP-CSM is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with SM, you acknowledge and agree that you will first give SM an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the Contact page at www.speechmatch.com.
(d) You then agree to negotiate with SM in good faith about your problem or dispute, This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after SM’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
(e) You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the App, the Service or these Terms and Conditions, shall be final and binding arbitration, excel to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate SM’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by SM and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
(f) Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA”). For claims of less than (75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over )75,000, the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, the costs of arbitration shall be shared equally between the parties and subject to later apportioned by the arbitrator. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available In a court, including injunctive or declaratory relief and attorneys’ fees. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
(g) YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMËNT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR INTERACTION WITH THE APP OR THE SERV|CE, THEN WITHIN THTRTY (30) DAYS FROM THE DATE OF SUCH INTERACTION, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY SENDING AN EMAIL via the Contact page at www.speechmatch.com. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
(h) To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CI.AIM. INCLUDING ANYARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. IN the EVENT that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
(i) WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND SM BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US. In no event shall any claim, action or proceeding by you related in any way to the Site, the Service, or these Terms and Conditions, be instituted more than one (1) year after the cause of action arose.
11. Third Party Rights
The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability, Dispute Resolution and Arbitration) and 10 (Indemnification) are for the benefit of SM and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party providers to the App. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
12. Unlawful Activity; Termination of Access
13. Remedies for Violations
16. Severability of Provisions
17. Apple-Specific Provisions