IMPORTANT! THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE, WHICH IS PROVIDED BY SPEAKLIKE Inc. BY ACCESSING THIS WEB SITE, YOU ARE INDICATING YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY SPEAKLIKE INC. AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS WEB SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY

Welcome to SpeakLike Inc. and the Web site of SpeakLike ('the Site'). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to SpeakLike Inc. [and its affiliates and subsidiaries (individually and collectively)], ('SpeakLike').

By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. SpeakLike has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

If you do not agree to these terms, you should not review information or obtain goods or products from this Site.

Use of SpeakLike Software

SpeakLike software and accompanying documentation ('the Software') that are made available by download from this Site [or on CD-ROM format] are the copyrighted work of SpeakLike. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this Site. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

Access To This Site

To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. If SpeakLike believes the information you provide is not correct, current, or complete, SpeakLike has the right to refuse you access to this Site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use

You may use this Site for purposes expressly permitted by this Site. You may not use this Site for any other purpose, including any commercial purpose, without SpeakLike's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co brand this Site, or (ii) frame this Site, or (iii) hyper-link to this Site, without the express prior written permission of an authorized representative of SpeakLike. For purposes of these Terms of Use, 'co branding' means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. You agree to cooperate with SpeakLike in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Proprietary Information

The material and content accessible from this Site, and any other World Wide Web site owned, operated, licensed, or controlled by SpeakLike (the 'Content') is the proprietary information of SpeakLike or the party that provided the Content to SpeakLike, and SpeakLike or the party that provided the Content to SpeakLike retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of SpeakLike, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates SpeakLike's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this Site.

Hyper-Links

This Site may be hyper-linked to other sites which are not maintained by, or related to, SpeakLike. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or SpeakLike. SpeakLike has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and SpeakLike makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by SpeakLike of that site.

Submissions

You hereby grant to SpeakLike the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to SpeakLike through this Site (together, the 'Submission'), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. SpeakLike will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future SpeakLike operations.

SpeakLike will treat any personal information that you submit through this Site in accordance with its Privacy Policy

Disclaimer

You understand that SpeakLike cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. SpeakLike does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by SpeakLike. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SPEAKLIKE, THE CONTENT OR MATERIALS IN OR PURCHASED THROUGH THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, SPEAKLIKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SPEAKLIKE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE, SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPEAKLIKE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE OF THE MATERIALS IN THIS SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SPEAKLIKE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SPEAKLIKE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SPEAKLIKE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Site, and SpeakLike does not undertake any obligation to update such information after it is posted or to remove such information from this Site if it is not, or is no longer, accurate or complete.

Limitation On Liability

SPEAKLIKE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SPEAKLIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SPEAKLIKE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT, IF ANY, YOU HAVE PAID TO SPEAKLIKE FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold SpeakLike, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the 'Indemnified Parties') harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.

You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

Trademarks

Trademarks, service marks, and logos appearing in this Site are the property of SpeakLike or the party that provided the trademarks, service marks, and logos to SpeakLike. SpeakLike and any party that provided trademarks, service marks, and logos to SpeakLike retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this Site.

Copyright

All content and compilation of content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of SpeakLike Inc. and is protected by United States and international copyright laws.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this Site any material that:

• you do not have the right to post, including proprietary material of any third party;
• advocates illegal activity or discusses an intent to commit an illegal act;
• is vulgar, obscene, pornographic, or indecent;
• does not pertain directly to this Site;
• threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
• seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
• violates any law or may be considered to violate any law;
• impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
• advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
• solicits funds, advertisers or sponsors;
• includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
• disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
• includes MP3 format files;
• amounts to a 'pyramid' or similar scheme;
• disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
• contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

SpeakLike reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither SpeakLike nor any third party that provides Content to SpeakLike will assume or have any liability for any action or inaction by SpeakLike or such third party with respect to any submission.

Notification of Copyright Infringement

SpeakLike will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify SpeakLike.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Sanford Cohen who can be reached as follows: By mail:

Sanford Cohen

Copyright Agent
130 West 25th Street, #9c
NY, NY 10001

By phone: 212 497 7590
By email: info@speaklike.com

Security

Any passwords used for this Site are for individual use only. You will be responsible for the security of your password (if any). SpeakLike will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that SpeakLike considers insecure, SpeakLike will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SpeakLike reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SpeakLike reserves the right to investigate suspected violations of these Terms of Use.

SpeakLike reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing SpeakLike to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SPEAKLIKE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SPEAKLIKE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SPEAKLIKE OR LAW ENFORCEMENT AUTHORITIES.

Miscellaneous

By accessing this Site, you and SpeakLike agree that all matters relating to your access to, or use of, this Site shall be governed and interpreted pursuant to the laws of New York, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and SpeakLike arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in New York, New York. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Notwithstanding the foregoing, any additional terms and conditions on this Site will govern the items to which they pertain. SpeakLike Inc. may revise these Terms of Use at any time by updating this posting.

Copyright © 2008 SpeakLike, Inc.