Thank you for visiting SpeakHaus.com (“we”, “us” or “our”). These Terms of Use, together with any acceptable use policies or guidelines posted on SpeakHaus.com, and Privacy Policy (collectively, the “Agreement”) govern your access and use of SpeakHaus.com and any related SpeakHaus-branded assessments that we may make available from time to time (collectively, the “Service”). This Agreement is a legally binding contract between you (“you”, or“your”) and us. Please read this Agreement carefully. By using the Service, you are indicating your acceptance of this Agreement, and you agree to be bound by all terms and conditions herein. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Service. If these terms of use are considered an offer by us, acceptance is expressly limited to the terms and conditions set forth in this Agreement. If we have previously prohibited you from accessing or using the Service, you are not permitted to access or use the Service.
Definitions
"Use" means engaging in any of the following activities: accessing, viewing, engaging with, browsing, crawling or scraping the Service or its Content. “User” means any person or entity who engages in any Use. "Content" means any materials, content or form of in put orcommunication on the Service, such as text, audio and personality exercises, and visuals such as images, videos, and photos.
Eligibility. You affirm that you are either over 18 years of age or possess the consent of your legal parent or guardian to enter into this Agreement, and that you are fully able and competent to enter into this Agreement and to comply with its Terms. In any case, you affirm that you are over the age of 18, as the Service is not intended for individuals under 18. If you are under 18 years of age, then please do not Use the Service. Users who are accessing the Service on behalf of a company, entity, or organization must be authorized representatives of such company, entity, or organization who meet the foregoing eligibility requirements. Authorized representatives agree to bind such company, entity, ororganization to this Agreement and represent and warrant that they have the authority to do so.
Changes to the Agreement. This Agreement may be modified from time to time.Notification of these modifications will be made through the posting of anupdated version on this webpage. Be sure to revisit this Agreement often inorder to stay knowledgeable of any modifications, as they will automatically bebinding on you as a User. Any modifications to this Agreement will take effectimmediately upon posting. Your continued Use of the Service after modificationshave been posted serves as an indication of your acceptance of themodifications and your agreement to comply with them.
Assessment Creation and Safekeeping. When you complete an assessmentwith our Service (“Assessment”), we require you to provide information aboutyourself, which may include but not necessarily be limited to your emailaddress, location, job experience and personality information ("AssessmentInformation"). You agree to provide accurate, current, and completeinformation during the registration process, and to update your information tokeep it accurate and complete if it changes. You are solely responsible forsafeguarding your Assessment Information and/or any log-in credentials for anythird-party account. You are solely responsible for all information that issubmitted for completion of your Assessment, and you will notify us immediatelyof any unauthorized use. We will have no liability for any loss, damages,liability, expenses or fees that you may incur as a result of someone elseusing your information to complete an Assessment, either with or without yourknowledge and/or authorization, and regardless of whether you have or have notadvised us of such unauthorized use.
Service Availability and Restrictions on Access. We reserve the right tomake updates, revisions, and modifications to the Service at any time, for anyreason, at our discretion. The Service may be discontinued at any time withoutnotice, accountability, or liability We reserve the right to use any meansreasonably necessary to prevent unauthorized access to the Service. We are not responsibleto monitor any Users. However, if we have reason to suspect that the Agreementhas been violated, we reserve the right to investigate the incident and theUsers involved, block Users from the Service, and/or refer matters to lawenforcement authorities.
Ownership. The Service and its Content are our property and/or theproperty of our affiliates and licensors, and is protected from unauthorizedcopying and dissemination by United States copyright law, trademark law,international conventions and other intellectual property laws. We reserve allrights not expressly granted in and to the Service and the Content. You mustabide by all applicable laws and regulations in relation to your Use of theService. If this Agreement is not enforceable where you are located, you maynot use the Service. If you provide us with any feedback, comments orsuggestions regarding the Service (“Feedback”), you represent and warrant that:(a) you have the right to provide us with such Feedback, (b) such Feedback doesnot violate the rights of any other person or entity, and (c) the Feedback doesnot contain the confidential or proprietary information of any third party. Bysending us any Feedback, you further grant us an irrevocable, non-exclusive,royalty-free, perpetual, worldwide license to use, modify, prepare derivativeworks, publish, distribute and sublicense the Feedback without any compensationor other obligation to you.
Use of the Service and Restrictions on Use. You are granted permissionto access and Use the Service for your own personal, non-commercial use only,and solely for your assessment purposes only. This is the grant of a license,not a transfer of title. This license shall automatically terminate if youviolate any of the restrictions contained in this Agreement. This license mayalso be terminated by us at any time in accordance with this Agreement. Uponthe termination of this license or the Agreement, you must destroy anydownloaded Content in your possession whether in electronic or printed format.You agree to comply with the terms and conditions of this Agreement, and allapplicable local, national, and international laws and regulations. You agreethat you will NOT participate or engage in, nor encourage or aid others toparticipate or engage in, directly or indirectly, any of the followingactivities:· Modify, reproduce or copy theService or Content; attempt to decompile, disassemble, distribute, translate,adapt or reverse engineer any software, Content or elements contained in theService or create any derivative works therefrom; remove any copyright or otherproprietary notations from the Service; transfer the Content to another personor “mirror” the Content on any other server.
· Use the Service as a means toharass, or advocate the harassment of, another person or entity, or threaten, stalk, defraud, or interfere with another User's use of the Service.
· Impersonate any person or organization, or provide false information at registration.
· Use the Service for commercial or promotional purposes, unless expressly allowed in advance and in writing by us.
· Use the Service to crack passwords or security encryption codes, disrupt, work around or interfere with security measures, or otherwise use the Service for any purpose that interferes with security or causes harm to the Service or Content.
· Use the Service or Content as ameans of transmitting destructive items such as viruses, worms, Trojan horses, or any devices, software or routine designed to interfere with the properworking order of the Service, or perform data mining of the Service.
· Attempt to access, index, or retrieve Content or the purpose of populating another database through the use of any automated device, robot, spider, or site search/retrieval application.
· Attempt to gain unlicensed admission to the Service or any of its computer systems or networks connected thereto by means of hacking, password mining, or any other illegal or unethical means.
· Reformat or frame any part of The Service
· Impose a load that isunreasonable or too large on the Service's infrastructure, or make unnecessary traffic demands.
Termination. We reserve the right to suspend or revoke (temporarily orpermanently) your Use of the Service at any time and for any reason, withoutnotice or liability. We may terminate this Agreement at any time. If we suspectthat you have violated any provision of this Agreement, we may also seek anyother available legal remedy. Your rights under this Agreement will terminateautomatically if you breach any part of this Agreement. You remain solelyliable for all obligations related to your Use, even after you have stoppedusing the Service. You may discontinue your Use of the Service at any time.
Warranties, Disclaimers, and Limitations of Liability
A. NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, ARE MADE BY US ASTO (1) THE SERVICE OR ITS OPERATION OR FUNCTIONALITY, (2) THE SAFETY,USEFULNESS, LEGALITY, QUALITY, COMPLETENESS, INTEGRITY. SUITABILITY,RELIABILITY, LIKELY RESULTS AND/OR ACCURACY OF ANY CONTENT, INFORMATION ORMATERIAL ON THE SERVICE, OR (3) ANY PRODUCTS OR SERVICES PROMOTED, DISTRIBUTEDOR SOLD ON OR THROUGH THE SERVICE. THE SERVICE, AND ALL CONTENT THEREIN, AREMADE AVAILABLE ON AN "AS IS" BASIS.
B. WE DISCLAIM ALL REPRESENATIONS AND WARRANTIES WITH RESPECT TO THE SERVICEAND THE CONTENT, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE AND NON-INFRINGEMENT.
C. IN NO EVENT SHALL WE OR OUR AFFILIATES, PARENTS, SUBSIDIARIES, MANAGERS,MEMBERS, EMPLOYEES, DIRECTORS, OFFICERS, LICENSORS, SUPPLIERS, REPRESENTATIVESOR AGENTS (COLLECTIVELY, “AFFILIATED PARTIES”), BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTINGFROM YOUR ACCESS TO OR USE OF THE SERVICE, CONTENT, THIS AGREEMENT, OR THEPRODUCTS AND SERVICES AVAILABLE ON THE SERVICE. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS APPLY TOTHE FULL EXTENT PERMITTED BY APPLICABLE LAW.
D. OUR MAXIMUM TOTAL LIABILITY (AND THAT OF OUR AFFILIATED PARTIES) FOR ANYCLAIM RELATED TO THIS AGREEMENT, THE SERVICE AND THE CONTENT, WHETHER INCONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS PAID BY YOU TO US FORUSE OF THE SERVICE DURING THE ONE (1) PERIOD IMMEDIATELY PRIOR TO THE DATE ONWHICH THE CLAIM AROSE.
E. THE ABOVE ALLOCATION OF RISK IS AN ESSENTIAL ELEMENT OF THE BASIS OF THEBARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE ANDINDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THISSECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIALPURPOSE.
F. THE SERVICE IS CONTROLLED AND OFFERED BY US FROM OUR FACILITIES IN THEUNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SERVICE ISAPPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS.
Indemnity. You will indemnify, defend and hold us and our employees,officers, directors, subsidiaries, affiliates, licensors, suppliers and agents,and the officers, employees, agents and representatives of each of them,harmless from and against any and all costs, liabilities, obligations, damages,losses, debts and expenses (including reasonable legal fees and costs) arisingfrom or related to: (i) your Use of the Service, and/or (ii) your violation ofany of the terms and conditions in this Agreement. You may not settle any claimwithout our prior written consent.
Third Party Content and Terms. You may encounter links to otherwebsites, products, services, advertisements or media ("Third PartyServices") on the Service. Be aware that no Third Party Services areendorsed, supported, or controlled by us. You agree that the accountability forThird Party Services, including their content, privacy policies and practices,lies solely with the owners and operators of such Third Party Services and notwith us. By using the Service, you expressly release us from any and allliability arising from your Use of any Third Party Service. If you use anysocial sharing features available on the Service (e.g., functionality whichallows you to share Content on or from the Service with a social network orplatform, you agree to comply in all respects with the social network orplatform’s terms of use, policies and rules (collectively, “PlatformPolicies”). You are solely responsible for adhering to all applicable PlatformPolicies.
Waiver of Class Action Claims. You and us agree to bring any dispute onan individual basis only, and not as a class or collective action. There willbe no right or authority for any dispute to be brought, heard or arbitrated asa class or collective action.
Agreement to Receive Electronic Communications. By completing anassessment, you consent to receive notifications from us electronically to theemail address you provide to us. You agree that all notices, disclosures, andother communications that we provide to you electronically satisfy any legalrequirement that such communications be in writing. You agree that you have theability to store such electronic communications such that they remainaccessible to you in an unchanged form. You agree to keep your email addressinformation current.
Miscellaneous. This Agreement is governed and interpreted pursuant tothe laws of the State of Texas, United States of America, notwithstanding anyprinciples of conflicts of law. You agree to submit to the personal andexclusive jurisdiction and venue of the courts located within Harris County, Texasfor all matters arising under or related to this Agreement or the Service. Youagree that, except as otherwise expressly provided in this Agreement, thereshall be no third party beneficiaries to this Agreement. The captions in thisAgreement are solely for convenience and shall not affect the interpretation ofthis Agreement. This is the entire Agreement between the parties relating tothe subject matter herein and shall not be modified except in writing signed byboth parties or by a new posting by us as described above. This Agreement doesnot provide you with the authority to bind us in any way whatsoever. No waivershall be constituted due to a failure on our part to exercise or enforce any ofthe rights or provisions outlined within this Agreement. If any part of theseterms is unlawful, void, or unenforceable, that part will be deemed severableand will not affect the validity and enforceability of the remainingprovisions. You shall not assign this Agreement. Any assignment made inviolation of this Agreement will be void. We reserve the right to transfer orassign this Agreement without restriction. You agree that regardless of anystatute or law to the contrary, any claim or cause of action against us arisingout of or in any way related to this Agreement or the Service must be filedwithin one (1) year after such claim or cause of action arose or be foreverbarred. All notices to us in connection with this Agreement must be given inwriting and will be deemed received two (2) business days after the day theyare received either by email, messenger, delivery service, or in the U.S. Mail,postage prepaid, certified or registered, return receipt requested, andaddressed as follows or to such other address as we may designate pursuant tothis notice provision. Notices to us shall be sent via email to support@SpeakHaus.com.
or to the following mailing address:
SpeakHaus, 4201 Main Street Suite 200-225, Houston, TX 77002
Last updated: March 17,2024