- ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Program is only open to Participants who are age 18 years or older at the time of entry. You
represent and warrant that you are at least 18 years of age. If you are under age 18, you may
not, under any circumstances or for any reason, use the Program. We may, in our sole
discretion, refuse to offer the Program to any person or entity and change its eligibility criteria at
with all laws, rules and regulations applicable to you and the right to access the Program is
offered only for your use, and not for the use or benefit of any third party.
This Program is not open to: (1) employees or internally contracted vendors of Spekit or its
parent/subsidiaries, agents or affiliates; (2) the immediate family members or members of the
same household of any such employee or vendor; (3) anyone professionally involved in the
development or administration of this Program; (4) employees or internally contracted vendors
of governments and government-affiliated companies or organizations; or (5) any employee
whose employer’s guidelines or regulations do not allow entry in the Program or acceptance of
This Program is only open to individuals residing in one (1) of the fifty (50)
United States or the District of Columbia (excluding Puerto Rico, Guam, the
Virgin Islands and other United States territories).
Use of the Program requires that you have an active Spekit account. By submitting a referral you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as an email and a name subject to any rights of a person other than you without appropriate authorization; or provide (iii), as an email, a name that is otherwise offensive, vulgar or obscene. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spekit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spekit has the right to refuse any and all current or future use of the Program. You are solely responsible for providing accurate information for the activity that occurs on your Account while using the Program You may never use another person’s email or name for the Program without permission. You must notify us immediately of any change in your eligibility to use the Program, breach of security or unauthorized use of your Spekit Account. Spekit will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the foregoing or for any acts or omissions by you or someone else using your credentials.
This Program is only open to individuals residing in one (1) of the fifty (50)
United States or the District of Columbia (excluding Puerto Rico, Guam, the
Virgin Islands and other United States territories).
Earning Gift Card Value :
Rewards can be earned in the Program by performing or participating in certain activities. If you
choose to participate and follow the instructions associated with an activity, upon satisfying all of
the requirements of the activity, you will be awarded the points associated with completing that
activity so long as Spekit and/or its third-party Program affiliates are able to properly track
your valid and completed point-earning activities. For avoidance of doubt, Spekit shall not
be responsible for, nor shall Spekitbe obligated to award points or rewards to Program
participants for, any activity that is not properly recorded, tracked and/or deemed approved
under Spekit’s or its third-party Program affiliates’ policies, procedures and systems.
Delivery of Rewards: Rewards may be emailed to your email address or mailed to the U.S.
postal address that you provided when you registered and created an Account, or to the email
or U.S. postal address that our records show your Account was last updated to reflect.
Processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason
(including, without limitation, because your Account information is incorrect or outdated) may be
forfeited, and the gift card will not be refunded.
Spekit reserves the right to substitute a reward with another reward of equal or greater
value should the advertised reward become unavailable for any reason. If applicable, rewards
may be fulfilled in the form of voucher(s), coupon(s) and/or gift card(s) in Spekit’s sole
discretion. If a Participant is unable to participate in or accept a reward or any portion of a
reward for any reason, Spekit shall have no further obligation to such Participant.
Spekit will not replace any lost or stolen rewards after redemption by Participants. In no
event will Spekit be responsible for fulfilling more than the stated number of rewards.
Participants acknowledge and agree that rewards are available in limited quantities and reward
type and availability are subject to change at Spekit’s sole discretion. Spekit shall
have no obligation or liability to Participants for any changes made to reward type or availability.
4. CONDITIONS; TAXES; RELEASE.
This Program is subject to applicable federal, state and
local laws. By participating in the Program, Participants agree: (a) to be bound by these terms
and conditions and the decisions of Spekit, which shall be final and binding; and (b) to
waive any right to claim ambiguity in the Program or these terms and conditions, except where
prohibited by law.
You acknowledge and agree that we do not have the ability, in every instance, to determine
whether or not the points, rewards, prizes, or credits you earned or redeemed in the Program
are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for
any and all tax liability arising from or associated with your use of the Program, including liability
arising from your accrual of points or your redemption of such points. As a condition of your
continued use of the Program, we reserve the right to require you to provide necessary tax
reporting information if our records show that you are or may be required to report the value of
your points, rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it
is your responsibility, to seek advice of a tax expert in order to determine the tax consequences
of your use of the Program, and any associated points, rewards, prizes, or credits earned or
By participating in the Program, all Participants agree to release and hold harmless Spekit
and its directors, employees, officers, licensees, licensors and agents, and respective
advertising and Program entities and any person or entity associated with the administration of
the Program (collectively, the “Released Parties”), from and against any and all rights, claims
and causes of action whatsoever that they may have, or which may arise, against any of them
for any liability for any matter, cause or thing whatsoever, including but not limited to any injury,
loss, damage, whether direct, compensatory, incidental or consequential, to person, including
death and damage to property, arising in whole or in part, directly or indirectly, from their
acceptance, possession, use or misuse of a reward, or their participation in the Program, or
their participation in any Program or reward related activity. Each Participant acknowledges that
the Released Parties have neither made, nor are in any manner responsible or liable for, any
warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any
reward or the Program. All costs and expenses, including support services, not specifically listed
above as part of the reward, are solely the Participant’s responsibility.
None of the Released Parties are responsible for: (a) lost, late, misdirected, undeliverable,
incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or
other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c)
failures of any of the equipment or programming associated with or utilized in the Program; (d)
unauthorized human and/or mechanical intervention in any part of the submission process or
the Program; or (e) technical or human error which may occur in the administration of the
Program or the processing of entries.
IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.
Use of any automated entry device or software is prohibited. Creation or use of multiple
accounts for registration or participation in the Program is prohibited. Spekit reserves the
right to disqualify any Participant it finds to be tampering with the reward process or the
operation of the Program or violating these terms and conditions, and reserves the right to
cancel the Program should it suspect fraud or for reasons out of the control of Spekit
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND
CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF SUCH PERSON FROM
PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE,
SPEKIT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL
All Participants are solely responsible for compliance with any applicable laws, rules and
regulations, contractual limitations and/or office or company policies, if any, regarding
Participant’s participation in the Program or redemption and acceptance of Program rewards;
and by entering this Program, Participant confirms that he or she is not in violation of any of the
foregoing and has obtained the consent of his or her employer to participate, if applicable. If a
Participant is not permitted to accept any redeemed reward, then the Participant may return
such prize to Spekit, and Spekit will refund the cost of shipment, as appropriate.
change, suspend, or discontinue the Program (including without limitation, the availability of any
feature, database, or content) at any time by posting a notice on the Site or by sending you
notice through the Program, via e-mail or by another appropriate means of electronic
communication. We may also impose limits on certain features and services or restrict your
access to parts or all of the Program without notice or liability. While we will timely provide notice
changes. Your continued use of the Program following notification of any changes to these
at the time of such use.
limitation, information, data, text, photographs, videos, audio clips, written posts and
comments, software, scripts, graphics, and interactive features generated, provided, or
otherwise made accessible on or through the Program. For the purposes of these Terms
of Use, “Content” also includes all User Content (as defined below).
b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to
the Program by users (collectively “User Content”), whether publicly posted or privately
transmitted, is the sole responsibility of the person who originated such User Content.
You represent that all User Content provided by you is accurate, complete, up-to-date,
and in compliance with all applicable laws, rules and regulations. You acknowledge that
all Content, including User Content, accessed by you using the Program is at your own
risk and you will be solely responsible for any damage or loss to you or any other party
resulting therefrom. We do not guarantee that any Content you access on or through the
Program is or will continue to be accurate.
c. Notices and Restrictions. The Site, in its entirety, is the sole property of Spekit or its
content suppliers and the Program may contain Content provided by us, our partners or
our users that is protected by copyrights, trademarks, service marks, patents, trade
secrets or other proprietary rights and laws. You shall abide by and maintain all copyright
notices, information, and restrictions contained in any Content accessed through the
worldwide, non-exclusive, non-sublicensable and non-transferable license to use
Content solely for purposes of using the Program. Use, reproduction, modification,
distribution or storage of any Content for other than purposes of using the Program is
expressly prohibited without prior written permission from us. You shall not sell, license,
rent, or otherwise use or exploit any Content for commercial use or in any way that
violates any third party right.
e. License Grant. By submitting User Content through the Program, you hereby do and
shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid,
sublicensable and transferable license to use, edit, modify, truncate, aggregate,
reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully
exploit the User Content in connection with the Site, the Program and our (and our
successors’ and assigns’) businesses, including without limitation for promoting and
redistributing part or all of the Site or the Program (and derivative works thereof) in any
media formats and through any media channels (including, without limitation, third party
websites and feeds), and including after your termination of your Account or the
Program. You also hereby do and shall grant each user of the Site and/or the Program a
non-exclusive, perpetual license to access your User Content through the Site and/or the
Program, and to use, edit, modify, reproduce, distribute, prepare derivative works of,
display and perform such User Content, including after your termination of your Account
or the Program. For clarity, the foregoing license grants to us and our users does not
affect your other ownership or license rights in your User Content, including the right to
grant additional licenses to your User Content, unless otherwise agreed in writing. You
represent and warrant that you have all rights to grant such licenses to us without
infringement or violation of any third party rights, including without limitation, any privacy
rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual
property or proprietary rights.
f. Availability of Content. We do not guarantee that any Content will be made available on
the Site or through the Program. We reserve the right to, but do not have any obligation
to, (i) remove, edit or modify any Content in our sole discretion, at any time, without
notice to you and for any reason (including, but not limited to, upon receipt of claims or
allegations from third parties or authorities relating to such Content or if we are
(ii) to remove or block any Content from the Program.
6. RULES OF CONDUCT..
i. As a condition of use, you promise not to use the Program for any purpose that is
connection with the Program.
ii. You shall not (and shall not permit any third party to) either (a) take any action or (b)
upload, download, post, submit or otherwise distribute or facilitate distribution of any
Content on or through the Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other
right of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic,
offensive, profane, contains or depicts nudity, contains or depicts sexual activity,
or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
v. contains software viruses or any other computer codes, files, or programs that
are designed or intended to disrupt, damage, limit or interfere with the proper
function of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any system, data, password or other
information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or
vii. includes anyone’s identification documents or sensitive financial information.
Participants acknowledge and agree that Spekit may use the Program for
publicity, advertising or other marketing purposes in any media, and may use the name,
likeness, and state of residence and/or reward information of potential Participants as part of
that publicity, without additional compensation to the potential Participants.
8. COMPUTER, INTERNET, AND PROGRAM ADMINISTRATION.
Spekit is not
responsible for electronic transmission errors resulting in omission, interruption, deletion, defect,
delay in operations or transmission, theft or destruction or unauthorized access to or alterations
of entry materials, or for technical, network, telephone equipment, electronic, computer,
hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or
failure to receive entry information by Spekit on account of technical problems or traffic
congestion on the Internet or at any website or any combination thereof. If for any reason the
Program is not capable of running as planned, including infection by computer virus, bugs,
tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in
Spekit’s sole determination, corrupts or affects the administration, security, fairness,
integrity, or proper conduct of this Program, Spekit reserves the right, in its sole discretion,
to cancel, terminate, modify or suspend the Program. If the Program is cancelled for any
reason, notice will be posted on the Program website and the rewards may, in Spekit’s
discretion, be awarded to eligible Participants.
9. THIRD PARTY SERVICES
The Program may permit you to link to other websites, services or resources (collectively, “Third Party Services”) on or over the Internet, and Third Party Services may contain links to the
Program. When you access Third Party Services, you do so at your own risk. Third Party
Services are not under our control, and you acknowledge that we are not responsible or liable
for the content, functions, accuracy, legality, appropriateness or any other aspect of such
websites or resources. The inclusion of any such link does not imply our endorsement or any
association between us and the Third Party Services or their operators. You further
acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with the use of or reliance
on any such content, goods or services available on or through any such Third Party Service.
The Site may not be linked to any other site without prior consent of Spekit. In particular, if
you select to redeem rewards points for gift cards, such gift cards are subject to the terms and
conditions of the gift card issuer.
Any personal information collected by Spekit will be used for the
questions regarding privacy matters should be directed to the address set out below. Please
information regarding the collection, use and disclosure of personal information by Spekit.
11. REFERRAL TERMS.
set forth in more detail on [ https://www.spekit.co/referral ]. All rewards for Referrals are subject
to any additional terms set forth in this section, and all rewards points are subject to these
How to make a Referral :
Rules: You may be eligible to receive a gift card for a Qualified Referral and a Qualified Sale
(each as defined below). A “Qualified Referral” means a customer or prospect: (i) that is not as
of the date the Referral submission a customer or prospect of Spekit or its resellers or
sales agents; (ii) that is not identified as a prospective client in Spekit’s customer pipeline
at the time of the Referral submission; (iii) that is not a prospect identified by another referral
partner; (iv) for whom Participant has made a Referral submission that has been accepted in
writing by Spekit; and (v) that has been referred to Spekit in compliance with these
products and services shall be at Spekit’s sole discretion. A “Qualified Sale” means a
Qualified Referral who purchases a subscription to Spekit’s products and services within [
12 ] months of the submission of the Qualified Referral.
Any warranties for the products and services of Spekit shall run directly from Spekit to the Qualified Referral or Qualified Sale. In no event shall Participant make any representation,
guarantee or warranty concerning such products and services. In addition, Participant shall: (i)
refrain from any deceptive, misleading and unethical practice that is or might be detrimental to
Spekit; (ii) make no false or misleading representations, warranties, or guarantees with
regard to Spekit or its products and services; (iii) not use malware, spyware or any other
aggressive advertising or marketing methods in any of its dealings relating to Spekit or its
products or services; and (iv) not copy, resemble or mirror the look and feel of Spekit’s
websites, Spekit trademarks or otherwise misrepresent Participant’s affiliation with
Spekit. Participant and Spekit are independent contractors and not partners, joint
venturers or otherwise affiliated and neither has any right or authority to bind the other.
Spekit reserves the right to change any aspect of the referral program at any time,
including, without limitation, the reward points awarded for a Qualified Referral and a Qualified
Sale. We reserve the right to suspend your right to receive reward points for a Qualified Referral
12. CONFIDENTIAL INFORMATION.
In connection with the Program, Participants may receive
a proprietary Spekit information. Participants shall hold confidential and shall not use or
permit others to use any proprietary information identified as such in writing or orally by
Spekit. or information which Participant knows or has reason to know is confidential,
proprietary or trade secret information of Spekit.
THE PROGRAM AND CONTENT ARE PROVIDED “AS IS”, “AS
AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF
TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT
WARRANT THAT: (I) THE PROGRAM WILL BE SECURE OR AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE
CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE
PROGRAM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE
RESULTS OF USING THE PROGRAM WILL MEET YOUR REQUIREMENTS. YOUR USE OF
THE PROGRAM IS SOLELY AT YOUR OWN RISK.
Spekit further disclaims any and all liability for the acts, omissions, conduct of any
third-party users, Spekit users, advertisers, and/or sponsors related to the Program.
Spekit is not responsible for the products, services, actions, or failure to act of any third
party in the connection with the Program. Without limiting the foregoing, you may contact us
regarding the misconduct of users and/or third-party advertisers, service, and/or product
providers referenced on, or included in the Program. Spekit may investigate the claim and
take appropriate action, at its sole discretion.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities,
claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use
or misuse of, or access to, the Program, Content, or otherwise from your User Content, violation
in the Program, of any intellectual property or other right of any person or entity, including your
use of the Program to provide a link to another website or to upload content or other information
to the Program. We reserve the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will assist and cooperate with us
in asserting any available defenses.
15. LIMITATION OF LIABILITY.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS,
SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT
LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH
RESPECT TO THE PROGRAM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT,
INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR
ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A)
FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY
PREVIOUS THREE (3) MONTH PERIOD OR (B) $500.00.
16. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW
AS THIS AFFECTS YOUR LEGAL RIGHTS
States of America. You agree that any dispute arising from or relating to the subject
matter of these Terms of Service shall be resolved in San Francisco County, California.
b. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR
OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH
(WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD
TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES
RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED
ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND
YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED,
HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED
OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY
SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR
FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO
APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT,
AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE
AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR
CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL
CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS
SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT
COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU
NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION
GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR
CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING
ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL
ARBITRATIONS. You also agree not to participate in claims brought in a private attorney
general or representative capacity, or consolidated claims involving another person’s
account, if we are a party to the proceeding. This dispute resolution provision will be
governed by the Federal Arbitration Act and not by any state law concerning arbitration.
In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred
and sixty (160) days of filing the case, then either we or you can elect to have the
arbitration administered instead by the American Arbitration Association. Judgment on
the award rendered by the arbitrator may be entered in any court having competent
jurisdiction. The arbitration shall be conducted in the English language. Any provision of
applicable law notwithstanding, the arbitrator will not have authority to award damages,
any statute or law to the contrary, any claim or cause of action arising out of, related to
one (1) year after such claim of action arose or be forever banned.
c. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and
class-action waiver provisions in this Section 17, you must notify us in writing within 30
days of the date that you first accept these Terms (unless a longer period is required by
applicable law). Your written notification must be mailed to us at the following address:
Spekit Inc. 3301 Lawrence Street Suite #3 Denver, CO. 80205. If you do not notify us in accordance with this Section 17(c), you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your mailing address and (iv) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by
sending us written notice within 30 days of the change to the address set forth in this
Section 17(c). It is not necessary to send us a rejection of a future change to the
Arbitration and Class Action Waiver section of these Terms if you had properly opted out
of the arbitration and class-action waiver provisions in this Section 17 within the first 30
days after you first accepted these Terms. If you have not properly opted out of the
arbitration and class-action waiver provisions in this Section 17, by rejecting a future
change, you are agreeing that you will arbitrate any dispute between us in accordance
with the language of this arbitration provision, as modified by any changes you did not
reject. This notification affects these Terms only; if you previously entered into other
arbitration agreements with us or enter into other such agreements in the future, your
notification that you are opting out of the arbitration provision in these Terms shall not
affect the other arbitration agreements between you and us.
d. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding
language in this Arbitration section will be null and void. This arbitration agreement will
survive the termination of your relationship with us.
17 . FORCE MAJEURE.
Spekit shall not be liable for any delay or failure in performance
whatsoever due to Acts of God, earthquakes, shortages of supplies, transportation difficulties,
labor disputes, riots, war, fire, epidemics and similar occurrences. The obligations and rights of
Spekit shall be extended on a day-to-day basis for a period of time equivalent to the
period of the delay.
18. NO WAIVER.
illegal by any court of competent jurisdiction, such term(s) shall be null and void and shall be
remain in full force and effect.
20. TERMINATION; SURVIVAL.
We may terminate your access to all or any part of the
Program at any time, with or without cause, with or without notice, effective immediately, which
may result in the forfeiture and destruction of all information associated with your Account. If you
wish to terminate your Account, you may do so by following the instructions on the Site or
through the Program or by contacting us at [INSERT EMAIL]. All provisions of these Terms of
Use which by their nature should survive termination shall survive termination, including, without
limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
21. NO AGENCY.
Neither party has the right or authority to, and shall not, assume or create any
obligation of any nature whatsoever on behalf of the other party or bind the other party in any
22. ENTIRE AGREEMENT.
hereto concerning the subject matter hereof and replaces any prior oral or written
communications between the parties.
transferable or sublicensable by you except with our prior written consent. We may assign,
transfer or delegate any of our rights and obligations hereunder without consent.