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Terms of Use

TERMS OF SERVICE AGREEMENT
Read this Agreement carefully prior to accessing or using our Website or Services. By accessing or using our Website or Services, you agree to be bound by the terms and conditions set forth below. You further acknowledge that you understand all of the terms and conditions, including all disclaimer statements. If you do not agree to be bound by the terms and conditions of this agreement, then you are prohibited from accessing or using our Website or Services.

 

This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of our Website and Services (hereinafter collectively referred to as "Services"). By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with freespeakerbureau.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Freespeakerbureau.com (hereinafter referred to as "FSB") may modify this Agreement at any time by updating this site. You are bound by such revisions and therefore you should review this site periodically.

 

Creating An Account
Full use of our Services requires that you create an on-line account by providing us, at minimum, with a valid e-mail address. Your FSB profile may not include any photographs, information or other items which violate our policies. We assume no responsibility or liability for violation of our policies by members or users. We encourage our members to email [email protected] regarding any abuse. FSB reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. We may need to contact you regarding your use of our Services. These communications are part of our Services and you may not block or opt-out from receiving these communications.

 
Eligibility

You must be eighteen years of age or older to register as a member of FSB. By using the Website or Services of FSB, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. Furthermore, you understand and accept that FSB may terminate your Membership and/or prohibit you from using or accessing the Services or the Website for any reason whatsoever and at any time. Membership in the Service is void where prohibited.

 
Member Privacy
We never reveal your name (other than your display name that you enter), address, phone number, email address or any other personal information about you to anyone at any time, except as required by law or order of court. The only information others will know about you is the information you choose to display, so please choose wisely. All contact between members is through our internal messaging system so that others cannot see your email address.
 
Member Conduct
You understand that the Service and the Website are available for your personal or commercial use. You represent, warrant and agree that no materials of any kind submitted through your account will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Members from the Service or the Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Website or for any other purpose. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair Website. In addition, you agree not to use the Service or the Website to:
  • upload, post, email, transmit or otherwise make available any content that we deem, at our sole discretion, to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • use, or attempt to use, another's account, service or system without authorization from FSB or create a false identity on the Service or the Website.
Proprietary Rights within Content

All content on the Website, including, but not limited to, design, text, graphics, other files, and their selection and arrangement (the "Content"), are the proprietary property of FSB or its licensors. All rights reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written permission of FSB. You may download or print a copy of any portion of the Content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited.

All trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of FSB or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FSB.

 
Posted Content
  • FSB may delete any Content that in the sole judgment of FSB violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. FSB assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time FSB chooses, in its sole discretion, to monitor the Services, FSB nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
  • You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Users. FSB does not endorse and has no control over the Content. Content is not necessarily reviewed by FSB prior to posting and does not necessarily reflect the opinions or policies of FSB. FSB makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
 
Copyright
We respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Website, please contact us at [email protected] and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
 
Links to Third-Party Sites
The Website contains links to other third-party web sites, apps, services and resources (collectively "Third-Party Sites") that we do not control. These links are provided only for convenience and we are not responsible for the content, accuracy or opinions expressed in such Third-Party sites, and such Third-Party sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Third-Party site on or through our Services does not imply approval or endorsement of the Third-Party site by us. If you decide to leave this Website and access these Third-Party sites, you do so at your own risk.
 
Member Disputes
You are solely responsible for your interactions with other FSB Members. FSB reserves the right, but has no obligation, to monitor disputes between you and other Members.
 
Disclaimers
FSB is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether posted or caused to be posted by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Website or the Service. FSB is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. FSB assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. FSB is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FSB be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on or through the Website or the Service or transmitted to Members, or any interactions between users of the Website or Members, whether online or offline. FSB CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICES PROVIDED, INCLUDING ANY TRAINING WHICH MAY BE PROVIDED.

THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, WHETHER EXPRESS OR IMPLIED. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. You acknowledge and agree that if you rely on our Services or Content, you do so at your own risk.

 
Limitation on Liability
IN NO EVENT SHALL FSB, its creators, operators, owners, agents or other party involved with our Services or Website, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF dev.freespeakerbureau.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FSB FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
 
Disputes

If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Florida without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of Brevard County in the State of Florida.

 
Indemnity
You agree to indemnify and hold FSB, its subsidiaries and affiliates, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees and costs, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of your use of the Service or the Website in violation of this Agreement or your violation of any law or the rights of a third party.
 
Submissions To Our Site
Apart from personal information, which is addressed in the privacy section of this Agreement, all information you submit via our site, or otherwise, will become and remain our property. You agree that FSB shall be free to use, for any purpose, any ideas, concepts, expertise or techniques contained in the information you provide for any purpose whatsoever. Your use of this site allows us to gather a limited amount of information about you and your usage of the site. You agree and consent to our use of such information in aggregated form.
 
Other

This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and FSB regarding the use of the Services. The failure of FSB to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. freespeakerbureau.com is a trademark of FSB. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

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