Speak America, Inc., a North Carolina corporation (“SAI”), offers this Website, including all
subdomains, information, software, products and services available from this Website or
offered as part of or in conjunction with this Website (the "Website"), to you, the user,
conditioned upon your acceptance of all of the terms, conditions, policies and notices stated
here. SAI reserves the right to make changes to these Terms of Service immediately by posting
the changed Terms of Service in this location.
By accessing or using the Website and services (“Services”), you are agreeing to these Terms of
Service and entering into a legally binding agreement with us. If you do not agree to the Terms
of Service, including the binding arbitration clause and class action waiver below, you may
not use the Services.
Your continued use of the Website constitutes your agreement to all such terms, conditions
and notices, and any changes to the Terms of Service made by SAI.
The terms ‘SAI,’ ‘www.bartqueen.com' or 'us' or 'we' refers to the owner of the Website. The
term 'you' refers to the user or viewer of our Website.
The use of this Website is subject to the following Terms of Service:
Use the Website at your own risk. This Website is provided to you "as is," without warranty of
any kind either expressed or implied. Neither SAI nor its employees, agents, third-party
information providers, merchants, licensors or the like warrant that the Website or its
operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has
the authority to create any warranty regarding the Website on behalf of SAI. SAI reserves the
right to change or discontinue at any time any aspect or feature of the Website.
There are a number of rules you must follow to use the Services. You agree not to use the
Services in any way that:
Violates these Terms of Service;
Allows you to scrape, monitor, or copy any part of the Services in an automated way,
using any robot, scraper, or other method of access other than manually accessing the
publicly-available portions of the Services;
Violates the restrictions in any robot exclusion headers of the Services, or bypasses or
circumvents other measures to prevent or limit access to the Services;
Creates any derivative works from the Services;
Competes with our business or impacts our revenue;
Impairs our computer systems or transmits software viruses, worms, or other harmful
Interferes with any other party’s use and enjoyment of the Services;
Attempts to gain unauthorized access to the Services;
Uses any part of the Services in unsolicited mailings or spam material;
Violates any third party’s rights, including copyright, trademark, privacy rights, or any
other intellectual property or proprietary right;
Threatens, stalks, harms, or harasses others, misleads or deceives others, promotes
bigotry or discrimination, defames others, or is otherwise objectionable; solicits
personal information, or submits or transmits pornography; or
Violates any laws.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read this section carefully – it may significantly affect your legal rights, including your
right to file a lawsuit in court and to have a jury hear your claims.
By using the Services, you irrevocably agree: (a) to waive all rights to trial in a court before a
judge or jury on any claim, action or dispute with us or relating in any way to your use of the
Services or the interpretation, applicability, enforceability or formation of these Terms of
Service including, but not limited to, any claim that all or any part of this agreement is void or
voidable (“Claims”); (b) that all Claims will be determined exclusively by final and binding
arbitration in North Carolina before one arbitrator; and (c) that the arbitrator will not have the
authority to consolidate the Claims of other users of the Services (“Users”) and will not have
the authority to fashion a proceeding as a class or collective action or to award relief to a group
or class of Users in one arbitration proceeding.
The arbitration proceeding shall be governed by the laws of the State of North Carolina. All
parties shall maintain the confidential nature of the arbitration proceeding and the award,
including the hearing, except as may be necessary to prepare for or conduct the arbitration
hearing on the merits, or except as may be necessary in connection with a court application for
a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise
required by law or judicial decision.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive
authority to resolve any Claims. However, nothing in this section shall prevent us from
enforcing our intellectual property rights and/or remedy unfair competition, misappropriation
of trade secrets, unauthorized access, fraud or computer fraud, and/or industrial espionage in
Judgment on any arbitration award may be entered in any court having jurisdiction. In any
arbitration arising out of or related to these Terms of Service, the arbitrator shall award to the
prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party
in connection with the arbitration. If the arbitrator determines a party to be a prevailing party
under circumstances where the prevailing party won on some but not all of the claims and
counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the
costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the
Limits of Liability
The content of the pages of this Website are for your general information and use only. They
are subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy,
timeliness, performance, completeness or suitability of the information and materials found or
offered on this Website for any particular purpose. You acknowledge that such information and
materials may contain inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this Website is entirely at your own risk, for which
we shall not be liable. It shall be your own responsibility to ensure that any products, services
or information available through this Website meet your specific requirements.
All trademarks reproduced in this Website which are not the property of, or licensed to, SAI are
acknowledged on the Website.
Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal
From time to time this Website may also include links to other Websites. These links are
provided for your convenience to provide further information. They do not signify that we
endorse the Website(s). We have no responsibility for the content of the linked Website(s).
Restrictions on Use
This Website contains material which is owned by or licensed to us. This material includes, but
is not limited to, the design, layout, look, appearance and graphics. Except for material in the
public domain under United States copyright law, all material contained on the Website
(including all software, HTML code, Java applets, Active X controls and other code) is protected
by United States and foreign copyright laws. Except as otherwise expressly provided in these
Terms of Service, you may not copy, scrape, distribute, transmit, display, perform, reproduce,
publish, license, modify, rewrite, create derivative works from, transfer, or sell any material
contained on the Website without the prior consent of the copyright owner. Furthermore,
none of the material contained on the Website may be reverse-engineered, disassembled,
decompiled, transcribed, stored in a retrieval system, translated into any language or computer
language, retransmitted in any form or by any means (electronic, mechanical, photo
reproduction, recordation or otherwise), resold or redistributed without the prior written
consent of SAI. Violation of this provision may result in severe civil and criminal penalties.
A. Force Majeure. No party shall be liable to the other for any default resulting from force
majeure, which includes any circumstances beyond the reasonable control of the parties.
B. Notices and Electronic Communications. We may provide you with notices, including those
regarding changes to the Terms of Service by email, regular mail, or communications though
the Services. When you use the Services, you consent to receive communications from us
electronically. You agree that all notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in
writing. You agree that you have the ability to store electronic communications such that they
remain accessible to you in an unchanged form.
C. Compliance with Applicable Laws: We do not represent that the materials in the Services are
appropriate or available for use in any particular location. Those who choose to access the
Services do so on their own initiative and are responsible for compliance with all applicable
laws. You represent and warrant that: (a) you are not located in a country subject to trade
sanctions or economic embargoes under the laws of the United States of America (“US
Sanctioned Countries”); (b) none of you, your affiliates, members, directors or other equity
owners (excluding holders of publicly traded shares), and none of their principal officers and
employees are (i) listed on the list of Specially Designated Nationals and Blocked Persons
published by the Office of Foreign Assets Control, U.S. Department of Treasury (“OFAC”)
(available at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages /default.aspx)
(an “OFAC Listed Person”), (ii) an agent, department, or instrumentality of, or is otherwise
beneficially owned by, controlled by or acting on behalf of, directly or indirectly, any OFAC
Listed Person or US Sanctioned Country, or (iii) otherwise blocked, subject to sanctions under or
engaged in any activity in violation of other U.S. economic sanctions; and (c) none of you, your
affiliates, members, directors or other equity owners (excluding holders of publicly traded
shares), and none of their principal officers and employees are in violation of (i) any applicable
anti-money laundering laws, including those contained in the Bank Secrecy Act; (ii) any
applicable economic sanctions laws administered by OFAC of the U.S. Department of State; or
(iii) any applicable anti-drug trafficking, anti-terrorism, or anti-corruption laws, civil or criminal.
D. Miscellaneous. You acknowledge that these Terms of Service, any other policies or terms
incorporated herein, either in their entirety or by explicit reference, and any other terms and
conditions on the Services, constitute the entire agreement between you and us and govern
your use of the Services. If any provision of the Terms of Service is found invalid or
unenforceable, that provision will be enforced to the maximum extent permissible by law, and
the other provisions of the Terms of Service will remain in force. Our failure to exercise or
enforce any right or provision of the Terms of Service shall not constitute a waiver of such right
or provision unless acknowledged and agreed by us in writing. You may not assign the Terms of
Service or the rights hereunder without our prior written consent. We may assign the Terms of
Service and delegate certain responsibilities, obligations, and duties under or in connection
with the Terms of Service in our sole discretion.
For questions about the Services, you should contact ______________ at
email@example.com or 1-800-xxx-xxxx.