Speakers League Terms & Conditions
1. Your Acceptance of Terms This Charter’s Terms and Conditions (the “Terms & Conditions,” or “Agreement”) is made between Ready Set Resources, LLC, DBA Speakers League (hereinafter “Speakers League,” a California Limited Liability Company with a mailing address of P.O. Box 6646, San Pedro, CA 90734 and the person or entity registering for a Speakers League Club Charter (“you” or the “Charter Holder”). You must agree to these Terms & Conditions before you may purchase or use the Charter. You can agree to these Terms & Conditions by: a) actually using the Charter, or b) initialing your online order form indicating you agree to the Terms and Conditions for using the Charter, or c) checking the “I Agree” box where such a box is made available to you. If you do not agree to any of the following terms, you will not be authorized to use the materials available through a Charter, and will not be eligible or covered by Speakers League liability insurance. You should print or otherwise save a copy of these Terms & Conditions for your records.
2. Legal Authority To use and/or register for the Charter you must be: a) of legal age and position to form a binding contract with Speakers League, and b) cannot be a person barred from receiving the Charter under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Charter. By accepting these Terms & Conditions you represent that you understand and agree to the foregoing.
3. Protection of Children and Speakers League It is our chief concern that children involved in Speakers League are safe. Every child enrolled in a Speakers League Club, Workshop, or Sponsored Event that is under the legal age (or older as required by local law) must have a Parental Agreement signed and witnessed (by someone unaffiliated with the charter-holder or Speakers League), that includes the specific liability-release-advisory to parents that these activities are being conducted by individuals who may not have been effectively screened.
You may be required to periodically distribute Speakers League advisories to parents or legal guardians.
4. Children running a Club or Workshop Children under the required legal age, but at least 13 years old (or older as required by local law), may be granted access to a Charter but only if they are conducting a Speakers League Club or Workshops under a Charter purchased by the child’s parent or legal guardian. By permitting a child to operate a Speakers League Club or Workshop under your Charter Holder Account, you certify that you are of legal age and are the parent and/or legal guardian of that child. By adding a minor to your Charter Holder Account, you give them permission to access and use the Charter, and it is your responsibility to determine whether the Charter and/or Content provided via the Charter is appropriate for a minor. Please also remind any minors that conversing with strangers on the internet can be dangerous and take appropriate precautions to protect your child including monitoring their use of the Charter benefits, materials, and services.
5. Description of Speakers League Services While the Charter is valid, the Charter Holder is entitled to utilize Speakers League operating materials, benefits, and other services described herein.
You agree that all information you provide to Speakers League during the ordering and registration process will be true, accurate, complete, and current information, and that you will maintain and update the information as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete information may result in the suspension and/or revocation of your Charter and suspension of liability insurance coverage.
6. Fees The annual Speakers League Charter fee is $95.00.
7. Charter Term. The Charter Holder shall be entitled to all of the benefits, materials, and services available to Charter Holders for the ensuing twelve-month period, commencing on the date of acceptance of the Charter Holder’s application for enrollment (as evidenced by the assignment of a Charter I.D.), and for the twelve-month period thereafter (the “Charter Term”), and while payments for the Charter are up-to-date.
8. Speakers League Charter Fee; Renewal Fees. The current Speakers League Service Charter fee (the “Charter Fee”) will be automatically billed to the Charter Holder’s designated credit card account or other authorized billing source (e.g., debit card, PayPal) on an annual basis as authorized upon enrollment. Any Charter Holder who uses a debit card as the designated credit card account acknowledges that Speakers League will not be responsible for any fees or penalties associated with insufficient funds, bounced checks or any other form of fee due to a charge of the Charter Fee to a debit card provided by the Charter Holder. Unless Charter Holder cancels Charter with the Speakers League or alters their auto-renewal status through the Charter Holder profile online pursuant to this Agreement prior to the end of Charter Holder’s then-current Charter Term, Speakers League will automatically renew Charter at the end of such then-current Charter Term as authorized upon enrollment and bill the then-current renewal Charter Fee to the designated billing source.
9. Right to Cancel; Refund of Speakers League Charter Fee. Charter Holders have the right to terminate this Agreement and Charter in the Speakers League at any time. You may cancel your Charter at any time by logging into the Chairpersons Membership Site at https://readyset.customerhub.net/ and going to the Account tab. Upon canceling your Charter, you will lose all access to the Charter and any data or information stored within your account. The Charter Holder may also cancel this Agreement and Charter by sending such request to Attn: Accounting, Speakers League, P.O. Box 6646, San Pedro, CA 90734. If Charter Holder cancels their Charter, due to dissatisfaction with the benefits and services, before the end of the Charter Term for which Charter Holder has paid the Charter Fee, the Charter Holder can request and receive a refund of up to the entire Charter Fee paid for that particular Charter term. If Charter Holder feels that they have been billed multiple times for the Charter for one Charter Term, Charter Holder should promptly send notice of such, including all Charter contact details, billing dates, transaction details and the credit card and/or debit card number that it was billed to Attn: Accounting, Speakers League, P.O. Box 6646, San Pedro, CA 90734 and also to email@example.com.
10. Taxes You agree to pay all fees and charges specified when you signed up for the Charter. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Charter.
11. Payment Method Speakers League will charge the annual Charter renewal fee, or monthly payment plan fees, and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing Speakers League to charge a credit card for the fees associated with your Charter, you are authorizing Speakers League to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs Speakers League of the new replacement card account) for all fees or charges associated with your Charter including any renewal fees. You authorize the card issuer to pay any amounts described herein and authorize Speakers League, or any other company that acts as a billing agent for Speakers League, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide Speakers League updated information on your credit card upon Speakers League’s request and any time the information earlier provided is no longer valid. If payment is not received by Speakers League from your credit card issuer or its agents, your Charter will automatically be canceled.
12. Automatic Renewal of Charter When you sign up online for a Charter, your annual or monthly payment will be set to automatically renew upon its expiration. This means that unless you cancel your account or change its renewal settings prior to its expiration, your account will automatically renew for another term. At the time of renewal, we will charge your credit card the then-current fees to renew the Charter. About thirty (30) days prior to your expiration date, for annual Charters, we will notify you by email to your registered email address that your account is about to renew and remind you that your credit card will be billed the indicated Charter fees on the renewal date. You may change your renewal settings at any time by going to https://readyset.customerhub.net/.
13. Account Information and Billing Inquiries You may consult your Speakers League Account tab at https://readyset.customerhub.net/ for details on your account information including payment method, renewal dates, and billing status. If on an annual billing cycle, Speakers League will send an electronic invoice to your registered email address whenever any Charter fees are charged to your account. If you believe you have been billed in error for the Charter please notify us within 45 days of the billing date by contacting firstname.lastname@example.org.
14. No Resale of Charter You agree that you will not reproduce, copy, duplicate, sell, resell, rent, or trade the Charter benefits, materials, or services (or any part thereof) for purposes outside your own Speakers League Club or Workshop meetings.
15. Updates As part of the Charter, you may from time to time receive updates of the Charter materials from Speakers League. These updates may include feature enhancements or improvements, updates to agreements, or entirely new versions of the materials. You agree that Speakers League may automatically deliver such updates to you by email, or make them available for download, as part of the Charter and you shall receive and update your materials as necessary and as required.
16. Changes in Price Speakers League may at any time, upon notice required by applicable law, change the price of the Charter or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your Charter term will apply to subsequent Charter terms and to all new Charter Holders after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and and stop using your Charter. Your continued use of the Charter after the effective date of any such change shall constitute your acceptance of such change.
17. Electronic Communication You consent to receive any and all disclosures, notices and other communications including any notice that may be legally required to be provided to you regarding this Agreement, in electronic form. Speakers League will provide all future disclosures and notices by sending an alert to the email address that you have provided. Speakers League may update or change these Terms & Conditions from time to time and recommends that you review the Terms & Conditions on a regular basis. You can review the most current version of the Terms & Conditions at any time at www.speakersleague.com/terms-conditions. If Speakers League makes a change to the Terms & Conditions, it will post the revised Terms & Conditions on our website at the link herein noted. You understand and agree that your continued use of the Charter after the Terms & Conditions has changed constitutes your acceptance of the Terms & Conditions as revised. Without limiting the foregoing, if Speakers League makes a change to the Terms & Conditions that materially impacts your use of the Charter, Speakers League may post notice of any such change on our website and/or email you notice of any such change to the email address you most recently provided. You agree that Speakers League shall not be liable to you or any third party for any modification or cessation of the Charter.
Speakers League reserves the right, at its sole discretion, to cancel this Agreement or the Speakers League Service.
18. Charter Holder Account Upon completion of your order, you will be assigned a Charter ID and given your sign-in credentials for the Chairpersons Membership Site (CMS). You may change the password through the CMS. Occasionally this password may be emailed to you in a visible mode, so avoid using one of your most private passwords. You are solely responsible and liable for any activities that occur under your Charter ID. If you suspect or become aware of any unauthorized use of your account please contact Speakers League Support at 310-528-7369 or email@example.com. You further acknowledge and agree that the Charter is designed and intended for personal use on an individual club basis and you should not share your account, materials, and/or password details with another individual. Misuse of your Charter ID may result in suspension or revocation of your Charter.
19. Chairpersons Membership Site (CMS) Holders of valid Charters can access materials through our Chairpersons Membership Site (CMS) a password-protected communications site. To access the CMS, Charter Holders must enter a registered username and password which is provided to Charter Holders. Charter Holders can also designate up to two individual Club/Workshop leaders to be given access to our Chairpersons private Facebook group.
All materials and services are subject to discontinuation, change, modification, improvement or substitution without notice, and Speakers League makes no representations or warranties with respect to, and accepts no responsibility or liability for, out of date or erroneous information related thereto.
20. Content “Content” means any information that may be generated or encountered through use of your Charter, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted as the Charter Holder is the sole responsibility of the person from whom such Content originated. This means that you, and not Speakers League, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Charter. You understand that by using the Charter you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Speakers League does not control the Content posted by Charter Holders, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Charter and any Content is solely at your own risk.
21. Your Use of the Charter You agree to use the Charter only for purposes as permitted by these Terms & Conditions and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. The Charter, or any feature or part thereof, may not be available in all languages or in all countries and Speakers League makes no representation that the Charter, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Charter, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.
22. Your Conduct You agree that you will NOT use the Charter or Speakers League resources or name in any way to:
- upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
- stalk, harass, threaten or harm another;
- request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
- pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Speakers League Charter Holder, a Speakers League employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Speakers League reserves the right to reject or block any Charter Holder who could be deemed to be using impersonation or misrepresentation of his/her identity, or a misappropriation of another person’s name or identity);
- engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
- post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
- forge any part of the header information in an email or a news group posting, or otherwise put information in a header designed to mislead recipients as to the origin of any Content transmitted through the Charter Holder (“spoofing”);
- upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of a Charter (or any part thereof), or any other computer software or hardware;
- plan or engage in any illegal activity; and/or
- gather and store personal information on any other users of Speakers League to be used in connection with any of the foregoing prohibited activities.
If while using the Charter, you encounter Content you find inappropriate, or otherwise believe to be a violation of these Terms & Conditions, you may report it by sending an email to firstname.lastname@example.org. If you encounter behavior that you believe to be unlawful, contact local law enforcement, first.
23. Removal of Content You acknowledge that Speakers League is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, Speakers League reserves the right at all times to determine whether Content is appropriate and in compliance with these Terms & Conditions, and may pre-screen Content at any time, and revoke the Charter without prior notice and at its sole discretion, if such Content is found to be in violation of these Terms & Conditions or is otherwise objectionable.
24. Backup Your Content You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access for use with your Charter. Speakers League does not guarantee or warrant that any Content you may store or access through the Charter will not be subject to inadvertent damage, corruption, or loss.
25. Speakers League’s Access to Your Account and Content You acknowledge and agree that Speakers League may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms & Conditions, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Speakers League, its users or the public as required or permitted by law.
27. Trademark Information Speakers League, the Speakers League logo, Ready Set Resources, the Ready Set Resources logo and other Speakers League trademarks, Charter marks, graphics, and logos used in connection with the Charter are trademarks or registered trademarks of Speakers League in the US and/or other countries. Other trademarks, Charter marks, graphics, and logos used in connection with the Charter may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the materials available to Charter Holders.
28. Copyright Provisions You agree at all times to honor all applicable copyright law with respect to Speakers League materials. You may not duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit Speakers League materials except as specifically authorized in writing by Speakers League. You may not remove any copyright, trademark or other proprietary rights notices contained in or on Speakers League materials. You may not infringe or use the Speakers League brand, logos and/or trademarks without authorization.
29. Copyright Notice Speakers League may, at its sole discretion, suspend and/or revoke Charters of users that are found to be infringers of copyrighted materials.
30. Speakers League’s Proprietary Rights You acknowledge and agree that Speakers League and/or its licensors own all legal right, title and interest in and to Speakers League materials and content provided to you as a part of and/or in connection with the Charter, including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that Charter materials, whether physical or digital, contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
31. License From Speakers League Speakers League grants you a personal, non-exclusive, non-transferable, limited license to use its materials as provided to you by Speakers League as a part of this Charter and in accordance with these Terms & Conditions; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the materials, except as granted in writing.
32. Liability Insurance Coverage If purchased, Speakers League provides up to $2 million in general liability insurance with respect to the conduct of Speakers League activities for all qualified Speakers League club and workshop events and meeting sites subject to the restrictions below. Your club must hold a Charter, in good standing, and follow Speakers League policies, terms, and conditions regarding the activities taking place. If Speakers League determines that the event is not within its guidelines, the insurance request will be denied and the Charter holder will be notified.
The coverage territory is defined as:
- The United States of America (including its territories and possessions), Puerto Rico and Canada;
- International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in “a,” above;
- All other parts of the world if the injury or damage arises out of:
- Goods or products made or sold by Speakers League in the territory described in “1,” above;
- The activities of a person whose home is in the territory described in “1,” above, but is away for a short time on Speakers League business; or
- “Personal and advertising injury” offenses that take place through the Internet or similar electronic means of communication
provided the insured’s responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a “suit” on the merits according to the substantive law in such territory, or in a settlement agreed to.
33. Export Control Purchase or use of the Charter, including transferring, posting, or uploading data or other Charter-related Content, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Charter-related Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Charter, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Charter for any purposes prohibited by United States law. This assurance and commitment shall survive termination of this Agreement.
34. Ongoing Operation Speakers League does not guarantee that the Charter services which it provides will function without interruption or errors in functioning. Speakers League may modify, replace, refuse access to, suspend, or discontinue the Chairpersons Membership Sites, partially or entirely. Speakers League reserves all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Speakers League materials and all related items. Speakers League neither warrants nor represents that your use of the Speakers League materials will not infringe the rights of third parties.
35. Termination by Speakers League Speakers League may at any time, under certain circumstances and without prior notice, immediately revoke or suspend all or a portion of your Charter and/or access to its materials. Cause for such revocation shall include, but not be limited to: (a) violations of the Terms & Conditions or any other policies or guidelines that are referenced herein and/or posted about Charters; (b) a request by Charter Holder to cancel or terminate its account; (c) discontinuance or material modification to the Charter or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Charter to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Charter. Any such termination or suspension shall be made by Speakers League at its sole discretion, and Speakers League will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Charter.
Speakers League reserves the right, at its sole discretion, to refuse to honor any request for a Charter.
36. Effects of Termination Upon termination of your account you lose all rights to the use of the materials associated with Speakers League and the Charter and any portions thereof, including, but not limited to, your Charter Holder Account (any Sub-accounts thereunder), Affiliate and Charter IDs, Speakers League email account, Speakers League sub-domains, Chairpersons Membership Site, Listserv, Facebook group, and Speakers League images and logos.
37. Links Certain Content, components or features of the Charter may include materials from third parties and/or hyperlinks to other web sites, resources or content. Because Speakers League may have no control over such third party sites and/or materials, you acknowledge and agree that Speakers League is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Speakers League shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.
38. Disclaimer of Warranties SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPEAKERS LEAGUE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, SPEAKERS LEAGUE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE CHARTER WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF CHARTER MATERIALS WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE; AND (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE CHARTER WILL BE ACCURATE OR RELIABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE CHARTER IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE CHARTER IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE CHARTER COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPEAKERS LEAGUE OR THROUGH OR FROM THIS CHARTER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS & CONDITIONS
39. Limitation of Liability SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPEAKERS LEAGUE AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR CHARTERS, OR OTHER INTANGIBLE LOSSES (EVEN IF SPEAKERS LEAGUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE CHARTER; (II) ANY CHANGES MADE TO THE CHARTER OR ANY TEMPORARY OR PERMANENT CESSATION OF THE CHARTER OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY RELATED TO YOUR CHARTER; AND (IV) ANY OTHER MATTER RELATING TO THE CHARTER.
40. Indemnity You agree to defend, indemnify and hold Speakers League, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available as the Charter Holder; (b) your use of the Charter; (c) any violation by you of these Terms & Conditions; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms & Conditions and/or your use of the Charter. You acknowledge that you are responsible for all use of the Charter, including any use by Sub-accounts, and that these Terms & Conditions apply to any and all usage of your account, including any use by Sub-accounts. You agree to comply with these Terms & Conditions and to defend, indemnify and hold harmless Speakers League from and against any and all claims and demands arising from usage of your account or any Sub-account, whether or not such usage is expressly authorized by you.
41. General Release. Each Charter Holder, for himself/herself, and on behalf of any person who uses the Benefits available through the Speakers League Service (“Charter Beneficiary”), hereby forever releases, acquits and discharges Speakers League from any and all liabilities, claims, demands, actions and causes of action that such Charter Holder or such Charter Holder’s legal representatives may have by reason of any monetary damage or personal injury sustained as a result of or during the use of any and all Benefits available through the Speakers League Service. The sole recourse available to the Charter Holder, Charter Beneficiary or their legal representatives shall be the cancellation of the Charter.
42. Notices Speakers League may provide you with notices regarding your Charter, including changes to these Terms & Conditions, by email to your registered email address (and/or other alternate email address if provided), by regular mail, or by postings on our website, CMS, or private Facebook group.
43. Receipt of Mail. Speakers League cannot guarantee that it receives any mail that Charter Holder claims to have sent. Charter Holder should, at Charter Holder’s own expense, send any notices to Speakers League in a form to ensure to Charter Holder that their communication arrived at Speakers League, which form may include but not be limited to FedEx, UPS, USPS Return Receipt Requested and USPS Certified Mail.
44. Governing Law Except to the extent expressly provided in the following paragraph, these Terms & Conditions and the relationship between you and Speakers League shall be governed by the laws of the State of California, United States of America, excluding its conflicts of law provisions. You and Speakers League agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California, to resolve any dispute or claim arising from these Terms & Conditions.
45. Entire Agreement These Terms & Conditions constitute the entire agreement between you and Speakers League, govern your use of the Charter and completely replace any prior agreements between you and Speakers League in relation to the the Charter, and no representations, inducements, promises or agreement, or otherwise, between Speakers League and the Charter Holder not included herein, shall be of any force or effect. You may also be subject to additional terms and conditions that may apply when you use third-party content, or third-party software. If any part of these Terms & Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Speakers League to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these Terms & Conditions, there shall be no third-party beneficiaries to this agreement. Any translation of these Terms & Conditions is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms & Conditions shall govern. You agree that any claim or cause of action arising out of or related to these Terms & Conditions or the use of the Charter must be filed within one (1) year after the cause of action arose or be forever barred.
46. Binding Effect The foregoing Charter Terms & Conditions shall be binding upon and inure to the benefit of Speakers League and the Charter Holder as well as their respective successors and permitted assigns.