Terms of Use

Terms of Use:

THE WEBSITE IS PROVIDED UNDER THE TERMS AND CONDITIONS AS SET FORTH BELOW. BY USING AND/OR VISITING THIS WEBSITE (INCLUDING THE EXERCISE OF ANY RIGHTS TO THE WORKS PROVIDED ON OR DERIVED FROM THE OVERFLOWLEGAL.COM DOMAIN NAMES ("WEBSITE")) YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. TO THE EXTENT THESE TERMS OF USE MAY BE CONSIDERED A CONTRACT, THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEBSITE.

THESE TERMS OF USE MAY BE MODIFIED BY USPEAKWETYPE TECHNOLOGIES, LLC, IN ITS SOLE AND ABSOLUTE DISCRETION, AT ANY TIME. YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS AND AGREE TO PERIODICALLY REVIEW THE CURRENT VERSION OF THESE TERMS OF USE AT WWW.OVERFLOWLEGAL.COM TERMS.

Personal Use. The Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. uSpeakWeType reserves the right to refuse service to anyone at any time without notice for any reason.

I. Copyright

a. Each page of the Website and all Works contained therein is subject to the Copyright Notice.

Proper Use. You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by TBB; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service for any fraudulent or inappropriate purpose; or (v) act in any way that violates the Program Policies, as may be revised from time to time. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. uSpeakWeType reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Your Intellectual Property Rights. uSpeakWeType does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your uSpeakWeType account.

Representations and Warranties. You represent and warrant that (a) all of the information provided by you to uSpeakWeType to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

II. Privacy and Protection of Personal Information

a. See the Privacy Statement disclosures relating to the Website and the collection and use of your information.

III. No Representations and Warranties

a. No Warranty. UNLESS OTHERWISE MUTALLY AGREED TO BY THE PARTIES IN WRITING, USPEAKWETYPE TECHNOLOGIES, LLC OFFERS THE WEBSITE AS-IS. USPEAKWETYPE TECHNOLOGIES, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITE OR WORKS CONTAINED THEREIN, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.

b. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL USPEAKWETYPE TECHNOLOGIES, LLC, ITS MEMBERS, LAWYERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE WEBSITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IV. Website Use

a. Applicability. These Terms of Use apply to all users of the Website, including Experts and the content and information they have contributed to the Website.

b. Liability. The Website may contain links to third party websites that are not owned, operated, or controlled by UspeakWetype Technologies, LLC. UspeakWetype Technologies, LLC has no responsibility for the content, terms of use, privacy policies, or practices of any third party websites, nor can UspeakWetype Technologies, LLC censor or edit the content of any third party website. Your use of a third party website is at your own risk, and You expressly relieve UspeakWetype Technologies, LLC from any and all liability arising from your use of any and all third party websites.

c. No Modification. You agree not to alter or modify any part of the Website or any of its related technologies.

d. Commercial Use. You agree not to use the Website for any commercial use without the prior written authorization of UspeakWetype Technologies, LLC. Prohibited commercial uses include any of the following actions taken without Licensor's express approval:

i. Sale of access to the Website or its related services on another website;

ii. Use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue; and

iii. Use of the Website or its related services that UspeakWetype Technologies, LLC finds, in its sole and absolute discretion, to use the Website or resources with the effect of competing with or displacing the market for UspeakWetype Technologies, LLC.

f. Non-Commercial Use. Prohibited commercial uses do not include use that UspeakWetype Technologies, LLC expressly authorized in writing.

g. Link Back. If you use any portion of a Work from the Website on your website, or that of a third party, you must include a prominent link back to the Website.

h. Compliance. You will otherwise comply with the terms and conditions of these Terms of Use as well as all applicable local, national, and international laws and regulations.

i. Continuity. UspeakWetype Technologies, LLC reserves the right to discontinue any aspect of the Website at any time.

V. Indemnity. You agree to defend, indemnify and hold harmless UspeakWetype Technologies, LLC, its members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the Website; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claims that the Expert Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

VI. Competency. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parents or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

VII. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UspeakWetype Technologies, LLC without restriction.

VIII. Miscellaneous

a. Choice of Law, Jurisdiction, and Venue. You agree that: (i) the Website shall be deemed solely based in Michigan; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over UspeakWetype Technologies, LLC, either specific or general, in jurisdictions other than Michigan. These Terms of Use shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. Any claim or dispute between you and UspeakWetype Technologies, LLC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Grand Traverse County, Michigan or the Federal District Court for Western District of Michigan.

b. Severability. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of these Terms of Use, and without further action by the parties of these Terms of Use, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

c. Waiver. No term or provision of these Terms of Use shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.

d. Entirety. These Terms of Use constitute the entire agreement between the parties. There are no understandings, agreements or representations with respect to the Website not specified here, or incorporated herein. UspeakWetype Technologies, LLC shall not be bound by any additional provisions that may appear in any communication from You.

e. Limitation. YOU AND USPEAKWETYPE TECHNOLOGIES, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.