TERMS OF SERVICE AGREEMENT
LAST REVISION: May 2024
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY
USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this
website, speakingofwhich.net (the "Website"), speakingofwhich ("Business Name")
offer of products for purchase on this Website, or your purchase of products
available on this Website. This Agreement includes, and incorporates by this
reference, the policies and guidelines referenced below. speakingofwhich reserves
the right to change or revise the terms and conditions of this Agreement at any time
by posting any changes or a revised Agreement on this Website. speakingofwhich
will alert you that changes or revisions have been made by indicating on the top of
this Agreement the date it was last revised. The changed or revised Agreement will
be effective immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will constitute
your acceptance of any such changes or revisions. meentees encourages
you to review this Agreement whenever you visit the Website to make sure that you
understand the terms and conditions governing use of the Website. This Agreement
does not alter in any way the terms or conditions of any other written agreement you
may have with meentees for other products or services. If you do not agree to
this Agreement (including any referenced policies or guidelines), please immediately
terminate your use of the Website. If you would like to print this Agreement, please
click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale certain products (the "Products"). By
placing an order for Products through this Website, you agree to the terms set forth
in this Agreement.
Proprietary Rights. speakingofwhich has proprietary rights and trade secrets in the
Products. You may not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by speakingofwhich. Speakingofwhich also has
rights to all trademarks and trade dress and specific layouts of this webpage,
including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any
applicable sales tax.
II. WEBSITE
You acknowledge that your use of the content on this Website is for personal, noncommercial use.
Any links to third party websites are provided solely as a convenience to you. speakingofwhich does not endorse the contents on any such third-party websites. Speakingofwhich is not
responsible for the content of or any damage that may result from your access to or
reliance on these third-party websites. If you link to third-party websites, you do so at
your own risk.
Use of Website; speakingofwhich is not responsible for any damages resulting from
use of this website by anyone. You will not use the Website for illegal purposes. You
will (1) abide by all applicable local, state, national, and international laws and
regulations in your use of the Website (including laws regarding intellectual
property), (2) not interfere with or disrupt the use and enjoyment of the Website by
other users, (3) not resell material on the Website, (4) not engage, directly or
indirectly, in transmission of "spam", chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License.
By using this Website, you are granted a limited, non-exclusive, nontransferable right to
use the content and materials on the Website in connection with
your normal, noncommercial, use of the Website. You may not copy, reproduce,
transmit, distribute, or create derivative works of such content or information without
express written authorization from speakingofwhich or the applicable third party (if
third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby
grant speakingofwhich a perpetual, worldwide, non-exclusive, royalty-free,
assignable, right and license to use, copy, display, perform, create derivative works
from, distribute, have distributed, transmit and assign such content in any form, in all
media now known or hereinafter created, anywhere in the world. speakingofwhich
does not have the ability to control the nature of the user-generated content offered
through the Website. You are solely responsible for your interactions with other
users of the Website and any content you post. speakingofwhich is not liable for any
damage or harm resulting from any posts by or interactions between users.
meentees reserves the right, but has no obligation, to monitor interactions
between and among users of the Website and to remove any content speakingofwhich deems
objectionable, at its sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK.
THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. meentees EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH
RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE
UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. ("PRODUCTS"
INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, meentees
MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE,
RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS
ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY
STATED HEREIN.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE
WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
IV. LIMITATION OF LIABILITY
MEENTEES ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW,
IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT
AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY
LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR
PRODUCTS PURCHASED VIA THE WEBSITE.
meentees WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING
LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE
WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING
SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR
OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
(4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless meentees, and any of
its contractors, agents, employees, officers, directors, shareholders, affiliates and
assigns from all liabilities, claims, damages, costs and expenses, including
reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations
under this Agreement; (2) the Website content or your use of the Website content;
(3) the Products or your use of the Products (including Trial Products); (4) any
intellectual property or other proprietary right of any person or entity; (5) your
violation of any provision of this Agreement; or (6) any information or data you
supplied to speakingofwhich . When speakingofwhich is threatened with suit or sued
by a third party, speakingofwhich may seek written assurances from you concerning
your promise to indemnify speakingofwhich ; your failure to provide such assurances
may be considered by meentees to be a material breach of this Agreement.
meentees will have the right to participate in any defense by you of a third party claim related to
your use of any of the Website content or Products, with
counsel of meentees choice at its expense. meentees will reasonably
cooperate in any defense by you of a third-party claim at your request and expense.
You will have sole responsibility to defend meentees against any claim, but
you must receive meentees prior written consent regarding any related
settlement. The terms of this provision will survive any termination or cancellation of
this Agreement or your use of the Website or Products.
VI. PRIVACY
speakingofwhich believes strongly in protecting user privacy and providing you with
notice of speakingofwhich use of data. Please refer to speakingofwhich privacy
policy, incorporated by reference herein, that is posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read
and agree to be bound by this Agreement and all terms and conditions on this
Website.
VIII. GENERAL
Force Majeure. speakingofwhich will not be deemed in default hereunder or held
responsible for any cessation, interruption or delay in the performance of its
obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of
God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. speakingofwhich may at any time, at its sole discretion and
without advance notice to you, cease operation of the Website and distribution of the
Products.
Entire Agreement. This Agreement comprises the entire agreement between you
and speakingofwhich and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of speakingofwhich to exercise or enforce any right or
provision of this Agreement will not constitute a waiver of such right or provision. If
any provision of this Agreement is found by a court of competent jurisdiction to be
invalid, 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 this
Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [Grand Prairie, TX. This
Agreement will be governed by the laws of the State of Texas without
regard to its conflict of law principles to the contrary. Neither you nor meentees will commence or
prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover
damages for breach of or default of this Agreement, or otherwise arising under or by reason of this agreement, other than in courts located in the State of Texas. By using this Website or ordering
Products, you consent to the jurisdiction and venue of such courts in connection with any
action, suit, proceeding or claim arising under or by reason of this Agreement. You
hereby waive any right to trial by jury arising out of this Agreement and any related
documents.
Statute of Limitation. 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 Website or
Products or this Agreement must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU
HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS
WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR
PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR
CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. speakingofwhich reserves the right to terminate your access to the
Website if it reasonably believes, in its sole discretion, that you have breached any
of the terms and conditions of this Agreement. Following termination, you will not be
permitted to use the Website and speakingofwhich may, in its sole discretion and
without advance notice to you, cancel any outstanding orders for Products. If your
access to the Website is terminated, speakingofwhich reserves the right to exercise
whatever means it deems necessary to prevent unauthorized access of the Website.
This Agreement will survive indefinitely unless and until speakingofwhich chooses,
at its sole discretion and without advance to you, to terminate it.