Meaningful Speech LLC'S TERMS OF SERVICE
Last Revised: March 27, 2023
Meaningful Speech LLC’S Terms of Use
Welcome to the site of Meaningful Speech LLC, an Illinois Limited Liability Company. Meaningful Speech LLC offers education services that may be relevant to educators, speech therapist and others. All benefits offered by Meaningful Speech LLC are collectively referred to as Meaningful Speech Services. These services may, at least in part, be provided through the Meaningful Speech Site, currently accessible at MeaningfulSpeech.com. Please carefully read and review these Terms of Use. You must agree to and follow these Terms of Use in order of legally access and/or use the Meaningful Speech Services. By registering an account through the Meaningful Speech Site, or by using any of the Meaningful Speech Services (including accessing any Content, as defined below), you are agreeing to these Terms of Use.
DESCRIPTION OF SERVICE AND ACCEPTANCE OF BINDING LEGAL AGREEMENT
Meaningful Speech LLC provides online information, including audio and video storage and broadcasting services. The Meaningful Speech Services includes a selection of online content that appears on the Meaningful Speech Site (collectively, the “Content”). Meaningful Speech Services includes the Content, Meaningful Speech LLC’s Player for viewing the Content, and any other features, tools, applications, materials, or other services offered from time to time by Meaningful Speech LLC in connection with Meaningful Speech LLC’s business, however accessed.
The Content is available for permissible viewing on or through the Properties. The Properties collectively includes the MeaningfulSpeech.com website (the “Meaningful Speech Site”); Meaningful Speech LLC’s affiliate and distributor websites; other websites where users or website operators are permitted to embed the Player; and Meaningful Speech LLC authorized applications, features, or devices.
Use of the Meaningful Speech Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use and any end user license agreement that might accompany a Meaningful Speech LLC application, feature, or device.
Certain Meaningful Speech Services are provided to you free of charge. There are some other Meaningful Speech Services that, if you are interested in accessing, will require payment by you. Meaningful Speech Premium includes the Meaningful Speech Services that may be accessed after payment. You can learn more about Meaningful Speech Premium by visiting meaningfulspeech.com. There is certain information in these Terms of Use that relates only to Meaningful Speech Premium, and those specific provisions are set forth in the Meaningful Speech Premium Subscriptions and Billing section below. Accordingly, if you choose to subscribe to Meaningful Speech Premium, then please familiarize yourself with the Meaningful Speech Premium Subscriptions and Billing section, in addition to all other provisions in these Terms of Use. References to Meaningful Speech Services throughout these Terms of Use are intended to include Meaningful Speech Premium. If you are not a subscriber of Meaningful Speech Premium, then the Meaningful Speech Premium Subscriptions and Billing section does not apply to you.
CHANGES TO THE TERMS OF USE BY Meaningful Speech LLC
Meaningful Speech LLC may amend these Terms of Use at any time by posting the amended Terms of Use on the Meaningful Speech Site. If Meaningful Speech LLC makes a material amendment to these Terms of Use, Meaningful Speech LLC will notify you by posting a notice of the amendment on the Meaningful Speech Site. Any material amendment to these Terms of Use shall be effective automatically 30 days after it is initially posted, or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.
ACCESS AND USE OF THE Meaningful Speech Services
Age Limitations. If you are under the age of 13, then you are not permitted to register with Meaningful Speech LLC or use any feature or other part of the Meaningful Speech Services that requires registration. In order to subscribe to Meaningful Speech Premium, you must be at least 18 years of age.
You represent that you are at least 13 years of age if you are registering an account and, if you are a Meaningful Speech Premium user, that you are at least 18 years of age.
Your License. Meaningful Speech LLC is pleased to grant you a nonexclusive limited license to use the Meaningful Speech Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Player, for personal, noncommercial purposes as set forth in these Terms of Use.
The Content. You may only access and view the Content personally and for a noncommercial purpose in compliance with these Terms of Use. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content, including geo-filtering mechanisms. You may not either directly or through the use of any device, software, Internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the Content unless expressly permitted by Meaningful Speech LLC in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Meaningful Speech LLC in writing. Furthermore, you may not create, recreate, distribute, or advertise an index of any significant portion of the Content unless authorized by Meaningful Speech LLC. You may not build a business utilizing the Content, whether for profit or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Meaningful Speech LLC in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. In regard to Content you may be licensed to access, you must not provides others with the means to access the Content through any login that may be created for you.
The Player. Meaningful Speech LLC may employ a Player, for example a Kajabi player, to provide Meaningful Speech Services. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with, or otherwise circumventing the Player in any manner that enables users to view the Content without (1) displaying visibly both the Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Player is located; and (2) having full access to all functionality of the Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding Digital Files Using the Player. Where Meaningful Speech LLC has incorporated an embed option in connection with Content on the Meaningful Speech Services, you may embed digital files using the Player, provided you do not embed the Player on any website or other location that: (1) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Meaningful Speech LLC (in Meaningful Speech LLC’s sole discretion), or (2) links to infringing or unauthorized content (collectively, “Unsuitable Material”). You may not embed the Player into any hardware or software application, even for noncommercial purposes. Meaningful Speech LLC reserves the right to prevent embedding to any website or other location that Meaningful Speech LLC finds inappropriate or objectionable (as determined by Meaningful Speech LLC in its sole discretion).
Ownership. You agree that Meaningful Speech LLC owns and retains all rights to the Meaningful Speech Services. You further agree that the Content you access and view as part of the Meaningful Speech Services is owned or controlled by Meaningful Speech LLC and Meaningful Speech LLC’s licensors. The Meaningful Speech Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. You and other users must use the Meaningful Speech Services for lawful, noncommercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Meaningful Speech Services, Content, Player, and embedding restrictions detailed above and further agree that you will not access the Meaningful Speech Site or use the Meaningful Speech Services in a way that:
-
(1) violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
-
(2) uses technology or other means to access, index, frame, or link to the Meaningful Speech Services (including the Content) that is not authorized by Meaningful Speech LLC (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, or distribution of, or access to, the Meaningful Speech Services);
-
(3) involves accessing the Meaningful Speech Services (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the Meaningful Speech Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
-
(4) introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
-
(5) damages, disables, overburdens, impairs, or gains unauthorized access to the Meaningful Speech Services, including Meaningful Speech LLC’s servers, computer network, or user accounts;
-
(6) removes, modifies, disables, blocks, obscures, or otherwise impairs any advertising in connection with the Meaningful Speech Services (including the Content);
-
(7) uses the Meaningful Speech Services to advertise or promote services that are not expressly approved in advance in writing by Meaningful Speech LLC;
-
(8) collects personally identifiable information in violation of Meaningful Speech LLC’s Privacy Policy;
-
(9) encourages conduct that would constitute a criminal offense or give rise to civil liability;
-
(10) violates these Terms of Use or any guidelines or policies posted by Meaningful Speech LLC;
-
(11) interferes with any other party’s use and enjoyment of the Meaningful Speech Services;
and/or
(12) attempts to do any of the foregoing.
If Meaningful Speech LLC determines, in its sole discretion, that you are violating any portion of the Terms of Use, Meaningful Speech LLC may (1) notify you and (2) use technical measures to block or restrict your access or use of the Meaningful Speech Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Meaningful Speech Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
No Spam/Unsolicited Communications. You may not use the Meaningful Speech Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that Meaningful Speech LLC may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in the User Reviews, Comments, and Other Material section) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Meaningful Speech Services, you acknowledge that you will have caused substantial harm to Meaningful Speech LLC and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Meaningful Speech LLC a minimum of $100 (one hundred dollars) for each such unsolicited communication you send based on the Meaningful Speech Services, in addition to any other appropriate remedies.
Downloads. In order to participate in certain Meaningful Speech Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by any such additional terms and conditions, they are hereby incorporated into these Terms of Use.
Suspension/Discontinuation. Meaningful Speech LLC hope’s not to, but Meaningful Speech LLC may, change, suspend, or discontinue — temporarily or permanently — some or all of the Meaningful Speech Services (including the Content and the devices through which the Meaningful Speech Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Meaningful Speech LLC may do so in Meaningful Speech LLC’s sole discretion. You also agree that Meaningful Speech LLC will not be liable to you for any modification, suspension, or discontinuance of the Meaningful Speech Services, although if you are a Meaningful Speech Premium subscriber and Meaningful Speech LLC suspends or discontinues the Meaningful Speech Premium service, Meaningful Speech LLC may, in its sole discretion, provide you with a credit, refund, discount, or other form of consideration (for example, Meaningful Speech LLC may credit additional days of service to Your Account) in accordance with the Meaningful Speech Premium Subscriptions and Billing section below. However, if Meaningful Speech LLC terminates Your Account or suspends or discontinues your access to Meaningful Speech Services due to your violation of these Terms of Use, then you will not be eligible for any such credit, refund, discount, or other consideration.
Meaningful Speech Premium Subscriptions and Billing
While it is our mission to provide users with as many viewing choices as possible, sometimes this involves giving users the choice of paying a fee in order to view Content that Meaningful Speech LLC would not otherwise be able to make available without charging a fee. As part of that, access to the Content in Meaningful Speech Premium requires payment by you of a subscription fee.
You can find the specific details regarding your subscription to Meaningful Speech Premium at any time by logging into Your Account on meaningfulspeech.com. You agree that your Meaningful Speech Premium account is for individual use only and your Meaningful Speech Premium account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
Because the Meaningful Speech Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms of Use begins at 12:00 a.m. Central Standard Time and ends at 11:59 p.m. Central Standard Time of that same calendar day.
Billing
Meaningful Speech LLC may provide a variety of payment options for Meaningful Speech Premium subscriptions, including one-time fees and/or renewal subscriptions. Current offerings may be found by visiting meaningfulspeech.com. By signing up for your Meaningful Speech Premium subscription, you are expressly agreeing that Meaningful Speech LLC is authorized to charge you one-time or a periodic subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Meaningful Speech Premium to the credit card or other payment method accepted by Meaningful Speech LLC (“Payment Method”) that you provided during registration. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on Your Account. If your Payment Method expires and you do not revise your Payment Method information or cancel Your Account, you authorize Meaningful Speech LLC to continue billing, and you will remain responsible for any uncollected amounts.
As used in these Terms of Use, “Billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed according to the terms offered at the time you choose to begin your Meaningful Speech Premium service. If your service includes periodic payments, you will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each renewal thereafter unless and until you cancel your subscription, or the account, or service is otherwise suspended or discontinued pursuant to these Terms of Use. To see the commencement date for your next renewal period, if any, go to the billing information section on Your Account page.
If renewal payments are required by your service, Meaningful Speech LLC may automatically bills your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day on which you are billed. In the event your subscription began on a day not contained in a given month, Meaningful Speech LLC bills your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize Meaningful Speech LLC to charge your Payment Method for the corresponding amounts. If Meaningful Speech LLC changes the subscription fee or other charges for Meaningful Speech Premium from time to time, Meaningful Speech LLC will give you advance notice of these changes by e-mail, or messaging though whatever method you have used to access the Meaningful Speech Services. However, Meaningful Speech LLC will not be able to notify you of changes in any applicable taxes.
All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in “Refund Policy” below. Very rarely, if there are special circumstances in which Meaningful Speech LLC determines it is appropriate (e.g., the Meaningful Speech Premium service is unavailable for days due to technical difficulties), Meaningful Speech LLC may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Meaningful Speech LLC’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
Refund policy:
Thank you for purchasing our online course(s) and products. We hope that you find it valuable. However, we understand that sometimes things may not work out as planned, and you may need to request a refund.
If you are unsatisfied with the course(s) and products and would like to request a refund, you may do so within two weeks of your purchase. As long as your refund request is within this time frame, we will provide you with a full course fee refund.
To request a refund, please contact us at [email protected], and provide us with your name and the email address used to purchase the course. Once we receive your request, we will process it as quickly as possible and issue your refund.
Please note that we cannot issue a refund if you access more than 50% of the course content.
Unpaid Amounts. If periodic payments are required, in order to sustain the Meaningful Speech Premium service, it is important that each user of the Meaningful Speech Premium service honor the payment obligations to which the user agreed. Accordingly, Meaningful Speech LLC reserves the right to pursue any amounts you fail to pay in connection with Meaningful Speech Premium. You will remain liable to Meaningful Speech LLC for all such amounts and all costs Meaningful Speech LLC incurs in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.
ACCOUNTS AND REGISTRATION
Meaningful Speech LLC may from time to time offer various features that require registration or the creation of an account with Meaningful Speech LLC. If at any time you choose to register or create an account with Meaningful Speech LLC, the additional terms and conditions set forth below also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Meaningful Speech LLC representative. You are responsible for all use on Your Account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify Meaningful Speech LLC by emailing [email protected] and completing the form as soon as you know of, or suspect, any unauthorized use of Your Account. Please also make sure to notify Meaningful Speech LLC if your registration information changes, in case Meaningful Speech LLC needs to contact you.
You may terminate Your Account by going to Your Account and choosing the “Delete My Account” option. Please identify Your Account and provide a valid reply e-mail address in the event Meaningful Speech LLC requires additional information to terminate Your Account. Please note that if you are a Meaningful Speech Premium subscriber, you must first cancel your Meaningful Speech Premium subscription before you will be able to terminate Your Account. Please see the section “Ongoing Subscription and Cancellation” above for instructions on how to cancel your Meaningful Speech Premium subscription.
Meaningful Speech LLC reserves the right in our sole discretion to immediately terminate or restrict Your Account or your use of the Meaningful Speech Services or access to the Content at any time, without notice or liability, if Meaningful Speech LLC determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct, or for any other business reason. Meaningful Speech LLC also reserves the right to terminate Your Account, and/or your use of the Meaningful Speech Services, and/or your access to Content, if such use places an undue burden on our networks or servers. Meaningful Speech LLC would prefer to avoid such termination; therefore, Meaningful Speech LLC may use technology to limit activities, such as the number of calls to the Meaningful Speech LLC servers being made or the volume of User Material (as defined below in the User Reviews, Comments, and Other Material section) being Posted, and you agree to respect these limitations. You also agree not to take any steps to circumvent, avoid, or bypass these limitations.
COLLECTION AND USE OF PERSONAL INFORMATION
For information about Meaningful Speech LLC’s policies and practices regarding the collection and use of your personally identifiable information, please read the Meaningful Speech LLC Privacy Policy located in the footer of meaningfulspeech.com. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Meaningful Speech Site and use of the Meaningful Speech Services on any of the Properties are governed by the Meaningful Speech LLC Privacy Policy in effect at the time of your use.
USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Meaningful Speech Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Meaningful Speech Services enjoyable for all of Meaningful Speech LLC’s users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Meaningful Speech Services. Moreover, you must not Post User Material that (1) contains Unsuitable Material, (2) improperly claims the identity of another person, or (3) is otherwise unsatisfactory to Meaningful Speech LLC, in the sole exercise of Meaningful Speech LLC’s discretion. Please note that Meaningful Speech LLC uses your first and last name as your user ID; therefore, your first and last name will appear to the public each time you Post. Meaningful Speech LLC advises that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your e-mail address, telephone number, or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Meaningful Speech LLC the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Meaningful Speech LLC will remove all User Material if Meaningful Speech LLC is properly notified that such User Material infringes on another person’s rights. You acknowledge that Meaningful Speech LLC does not guarantee any confidentiality with respect to any User Material.
By Posting User Material, you are not forfeiting any ownership rights in such material to Meaningful Speech LLC. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. However, by Posting your User Material, you grant Meaningful Speech LLC a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Meaningful Speech Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Meaningful Speech LLC is nonexclusive, fully paid, royalty-free, and sub-licensable. In this section, nonexclusive means you are not prohibited by Meaningful Speech LLC from licensing your User Material to anyone else in addition to Meaningful Speech LLC. In this section, royalty free means that Meaningful Speech LLC is not required to pay you for the use of your User Material. In this section, sub-licensable means Meaningful Speech LLC is able to use its affiliates, subcontractors, and other partners, such as Internet content delivery networks, to provide the Meaningful Speech Services. By Posting your User Material, you also hereby grant each user of the Meaningful Speech Services a nonexclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Meaningful Speech Services and under these Terms of Use.
LINKED DESTINATIONS AND ADVERTISING
Third-Party Destinations. If Meaningful Speech LLC provides links or pointers to other websites or destinations, you should not infer or assume that Meaningful Speech LLC operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Meaningful Speech Services, Meaningful Speech LLC will not warn you that you have left the Meaningful Speech Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Meaningful Speech Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely solely on these Terms of Use to govern your use of another website or destination.
Meaningful Speech LLC is not responsible for the content or practices of any website or destination other than the Meaningful Speech Site, even if it links to the Meaningful Speech Site and even if the website or destination is operated by a company affiliated or otherwise connected with Meaningful Speech LLC. By using the Meaningful Speech Services, you acknowledge and agree that Meaningful Speech LLC is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Meaningful Speech Site.
Advertisements. Meaningful Speech LLC takes no responsibility for advertisements and/or any third-party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Meaningful Speech Services are between you and the advertiser, and you agree that Meaningful Speech LLC is not liable for any loss or claim that you may have against an advertiser.
TRADEMARKS
Meaningful Speech LLC, the Meaningful Speech LLC logo, www.MeaningfulSpeech.com, and other Meaningful Speech LLC marks, graphics, logos, scripts, and sounds are trademarks of
Meaningful Speech LLC. None of the Meaningful Speech LLC trademarks may be copied, downloaded, or otherwise exploited.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY
BY AGREEING TO THESE TERMS OF USE, YOU ARE ALSO AGREEING TO THE DISCLAIMER THAT MAY BE ACCESSED IN THE FOOTER OF MEANINGFULSPEECH.COM. IN ADDITION, WHILE Meaningful Speech LLC DOES ITS BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE Meaningful Speech Services, YOU AGREE THAT USE OF THE Meaningful Speech Services IS AT YOUR OWN RISK. THE Meaningful Speech Services, INCLUDING THE Meaningful Speech SITE AND THE OTHER PROPERTIES, THE CONTENT, THE PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Meaningful Speech LLC DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE Meaningful Speech Services WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL Meaningful Speech LLC OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “Meaningful Speech LLC PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Meaningful Speech Services (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE Meaningful Speech LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO Meaningful Speech LLC, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE Meaningful Speech LLC SERVICE, OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE Meaningful Speech LLC PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR USE OF THE Meaningful Speech Services (INCLUDING YOUR USE OF THE CONTENT). Meaningful Speech LLC RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY
Meaningful Speech LLC WANTS YOU TO KNOW IT AFFECTS YOUR RIGHTS.
Meaningful Speech LLC expects that our world-class customer service team will be able to resolve most issues you may have using the Meaningful Speech Services. In the unlikely event that Meaningful Speech LLC does not meet your satisfaction, Meaningful Speech LLC prefers to specify now what you and Meaningful Speech LLC should expect in order to avoid any confusion later. Accordingly, you and Meaningful Speech LLC agree to the following resolution process.
Any claim that you might have against Meaningful Speech LLC regarding these Terms of Use, the Meaningful Speech Services, or the Properties must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules. It is important to Meaningful Speech LLC that Meaningful Speech LLC addresses any issues you might have promptly. To help Meaningful Speech LLC do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived.
Because Meaningful Speech LLC prefers to resolve our issues with you directly, you agree to arbitrate with Meaningful Speech LLC only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class action basis or brought by a purported class representative.
Rather than force everyone to visit Meaningful Speech LLC in Illinois, if you can demonstrate that arbitration in Illinois would create an undue burden to you, you are free to initiate the arbitration in your home state. Otherwise, the arbitration hearings will be held in the County of DuPage, Illinois.
The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. Regardless of how the arbitrator rules, each party is responsible for its own attorneys’ fees and costs.
Since Meaningful Speech LLC always prefers to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Meaningful Speech LLC for at least 30 days. To do that, please send your full name and contact information, your concern, and your proposed solution by mail to Meaningful Speech LLC at: 825 N. Cass Ave Suite 109, Westmont IL 60559.
GENERAL INFORMATION
International Use. Meaningful Speech LLC is a company based in the United States. Meaningful Speech LLC goal is to bring you as much Content as is legally available. That said, Meaningful Speech LLC is limited by the rights that our content licensors grant to Meaningful Speech LLC. Using technologies to access the Content from territories where Meaningful Speech LLC does not have rights or does not offer services is prohibited. If you access Meaningful Speech Services from outside the United States, you agree to these Terms of Use to the maximum extent permitted under any local laws.
Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of Illinois without giving effect to principles of conflict of laws. In the event of a claim by Meaningful Speech LLC against you, you agree to submit to the jurisdiction of the courts located where Meaningful Speech LLC pursues its claim against you, which may include courts in DuPage County, Illinois.
No Waiver/Reliance. If you see other parties violating these Terms of Use, Meaningful Speech LLC would appreciate if you would let Meaningful Speech LLC know at [email protected] (subject line: “TOU Violation”). Precisely how Meaningful Speech LLC responds to a party that is violating these Terms of Use will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely on Meaningful Speech LLC’s precise response with respect to one party or one situation as any indication of what Meaningful Speech LLC might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if Meaningful Speech LLC fails to act in response to a violation of these Terms of Use, you should not assume that Meaningful Speech LLC does not object to the violation or even that Meaningful Speech LLC is aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Meaningful Speech LLC’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Meaningful Speech LLC acts in a way that appears to you to be inconsistent with these Terms of Use, Meaningful Speech LLC’s action shall not be deemed a waiver or constructive amendment of these Terms of Use.
Integration, Amendment, and Severability. Please note that these Terms of Use, including Meaningful Speech LLC’s Privacy Policy that is incorporated in these Terms of Use and any end user license agreement that might accompany Meaningful Speech LLC authorized applications, features, and devices, constitute the entire legal agreement between you and Meaningful Speech
LLC and govern your use of the Meaningful Speech Services (including your use of the Content) (but excluding any services, if any, that Meaningful Speech LLC may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Meaningful Speech LLC in relation to the Meaningful Speech Services. Except as set forth in the Changes to the Terms of Use by Meaningful Speech LLC section above, these Terms of Use may not be amended or varied except in a writing signed by Meaningful Speech LLC. Although Meaningful Speech LLC understands that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature or “signed” writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is held to be unlawful, void, or unenforceable, you and Meaningful Speech LLC agree that the provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
Last Revised: March 27, 2023