Terms & Conditions
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Speakman Company (“Speakman”) maintains the Speakman.com website (“Site”) as a service to its customers. By using the Site you are agreeing to comply with and be bound by the following terms and conditions of use without modification. Please review the following Terms and Conditions carefully, and check them periodically for changes. If you do not agree to the Terms and Conditions, you should not review information or obtain goods, services or products from the Site.
PLEASE NOTE: YOU MUST BE A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
Acceptance of Agreement. Your use of this Site constitutes your agreement an acceptance of the terms and conditions set forth herein. (“Agreement”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. You agree that Speakman may at any time and without specific notice to you change the terms and conditions under which this Site is offered. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable laws, including but not limited to, copyright law and other proprietary and content or intellectual property rights. The copying, redistribution, use or publication by you of any such materials or any part of the Site, except as expressly provided herein, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
Trademarks. The trademarks, service marks and logos (“Trademarks”) used and displayed on the Site are registered and unregistered Trademarks of Speakman. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of Speakman. Speakman aggressively enforces its intellectual property rights to the fullest extent of the law. The Speakman Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior, written permission by Speakman. Speakman prohibits the use of its Trademarks as part of a link to or from any site unless establishment of such link is approved in advance by Speakman in writing. Fair use of Speakman’s Trademarks requires proper acknowledgement.
Fraud: By creating an account, you confirm and represent that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of Use have been violated, or other abuses have occurred as determined by Speakman in its sole discretion.
Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
Payments. You represent and warrant that if you are purchasing something from us that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
Links to Other WebSites. The Site may contain links to websites owned and operated by parties other than Speakman (”Outside Sites”). Such links are provided for your reference only. Speakman does not control Outside Sites and is not responsible for the content, accuracy or opinions expressed in such Sites., Outside Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of a link to an Outside Site on our Site does not imply approval or endorsement of the Outside Site by us. If you decide to leave our Site and access these ”Outside Sites, you do so at your own risk.
Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Return Policy. Our Return Policy is a part of this Agreement. (Link to Return Policy)
Verify Members’ Address: Speakman reserves the right to contact a Member via email to verify the accuracy of account information (including the Member’s correct name and address) that is needed to provide the Member with the information he or she requested from Speakman.
NO WARRANTIES; EXCLUSION OF LIABILITY
SPEAKMAN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SPEAKMAN SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPEAKMAN SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER SPEAKMAN, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Although Speakman will in most circumstances be able to receive your email or other information provided through this Site (including, without limitation, service requests and other submissions, Speakman does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email typically is not secure.