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.


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

customerservice@bartqueen.com or 1-800-xxx-xxxx.