By using our website or other services, you agree to the terms of this User Agreement. If you do not agree to the terms of this User Agreement, you may not use our website or other services. We reserve the right, at any time, to modify, alter, or update this User Agreement, and you agree to be bound by such modifications, alterations, or updates once they are posted on our website.
1. Legal Disclaimer
Unforgettable Speech shall not be held responsible or liable for any actions taken, either wholly or in part, based on the information provided on this website, or for any loss, damage, expense or injury resulting from any transactions conducted with any third party listed on this website. The information, services, products, and materials contained in this website or available through our other services, including, without limitation, all text, graphics, and links, are provided on an “AS IS” basis. To the maximum extent permitted by law, UNFORGETTABLE SPEECH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, as well as representations and warranties of title, non-infringement, freedom from computer viruses, worms, and other operating problems, and implied warranties arising from course of dealing or course of performance. Some states may not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You may also have other legal rights that vary from state to state.
In addition, since Unforgettable Speech cannot verify all information provided by third parties, Unforgettable Speech does not represent or warrant that the information accessible via our website or other services is always accurate, complete or current, and shall not be liable for or responsible to honor (or to cause any third party to honor) any erroneous information regarding the price, description and availability of, or any discounts, offers, promotions and coupons relating to, any product or service offerings available on our website or through our other services. Furthermore, all information regarding such matters is subject to change without notice. UNFORGETTABLE SPEECH SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR ANY LOSS, DAMAGE, EXPENSE, OR INJURY YOU MAY SUSTAIN THROUGH YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH UNFORGETTABLE SPEECH SERVICES OR YOUR USE OF ANY THIRD PARTY PRODUCTS OR SERVICES, whether or not they were accessed via our website or other services.
2. Liability Limitations
In no event shall Unforgettable Speech or its affiliates or agents be liable, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this website or through our other services.
3. Third-Party Websites
4. Dispute Resolution
We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of our website or other services, or any information, services, products, and materials contained in this website or available through our other services, shall be resolved by binding arbitration before a single arbitrator of the American Arbitration Association (AAA) at a place designated by Unforgettable Speech, under the rules and procedures of the AAA. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator. Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in Charlotte, North Carolina pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.
5. Other Terms
Our website and other services are operated and provided in the State of North Carolina, USA. As such, we are subject to the laws of the State of North Carolina, and such laws will govern this User Agreement, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our website or other services, you agree to do so subject to the internal laws of the State of North Carolina. You are in the best position to know whether your use of our website or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to our website or other services, and operation of our website or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of this User Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent. You agree that this User Agreement and any other agreements referenced herein may be assigned by Unforgettable Speech, in our sole discretion, to a third party in the event of a merger or acquisition. This User Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us relating to your participation as a Unforgettable Speech customer or participation in any other program or service offered by Unforgettable Speech. You agree that by accepting this User Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Notice.
Unforgettable Speech disclaims any responsibility for the content of any third party materials provided through or on our website or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights. Therefore, and in compliance with 17 U.S.C. 512, if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement:
Attn: General Counsel
2430 Sawyer Drive
Charlotte, NC 28213
This User Agreement was last modified on December 7, 2009