Terms of Use

Last Updated: 7/28/2023

These Terms of Use (“Terms”) govern your use of the websites operated by Speak4 (“Speak4,” “we,” “us” or “our”), including https://speak4.co any Landing Pages (defined below), and anywhere else these Terms are posted (collectively, the “Sites”) and any services offered through the Sites. The Sites and the services offered through the Sites will be collectively referred to as the “Services” in these Terms.

Speak4 makes it simple for organizations to empower their supporters to speak up for the causes they believe in. Speak4 offers partners and customers (“Clients”) digital advocacy services that they can use to mobilize grassroots support for causes online. Through the Services, clients can develop cause-oriented webpages and other interfaces (“Landing Pages”) that allow individuals (“End Users”) to participate in grassroots advocacy. Unless otherwise specified, all provisions of these Terms apply to any use of the Services by both Clients, End Users, as well as any other individuals who use the Services. If you are a Client, your use of the Services is also subject to our Terms and Conditions, which you must agree to when you purchase access to the Services.

These Terms represent a binding contract between Speak4 and you. By creating an account or otherwise accessing the Services, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms. If you do not agree to be bound by the Terms, you may not use the Services.

Certain areas, features, or functionality of the Services may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms” in this agreement includes the Additional Rules.

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

DISCLAIMER REGARDING THIRD-PARTY CONTENT

Certain portions of the Services may contain content authored by third parties (“Third-Party Content”). As to End Users, Third-Party Content includes, without limitation, content uploaded to Landing Pages at the direction of Clients in connection with their advocacy campaigns. Views or opinions expressed in any Third-Party Content belong solely to the authors or the relevant content and do not reflect the opinion of Speak4. We do not endorse or guarantee the accuracy, reliability, or any other aspect of any Third-Party Content available through the Services. Without limiting the scope or applicability of the Disclaimer of Warranties and Limitation of Liability provisions elsewhere in these Terms, you acknowledge that Speak4 is not responsible or in any way liable for any Third-Party Content available through the Services and that any interaction with or reliance upon such content is done solely at your own risk.

ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Services, you may need to create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Services.

You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

COPYRIGHT AND TRADEMARK OWNERSHIP

The Services and their content, features and functionality, including, without limitation, information, text, graphics, software, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Speak4 Content”), are the exclusive property of Speak4, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property and proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

No aspect of the Services or the Content is being sold or transferred to you through your use of the Services. We are providing you with access to the Services pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license, and at all times subject to these Terms. End Users may use the Services for personal, non-commercial use only. Clients may use the Services only for their internal business purposes only. This license is available to you as long as you are not barred from the Services by applicable law and your access is not terminated by us. Without limiting the foregoing, you acknowledge and agree that Speak4 is the owner of all Landing Pages, with the exception of any content uploaded to Landing Pages by Clients, which content is licensed to us pursuant to the “YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT” section below. If these Terms are not enforceable where you are located, you may not use the Services. Speak4 reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. 

Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from the Services or the Speak4 Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Speak4 or any applicable third party suppliers. Any unauthorized use of the Services or the Speak4 Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT

Certain features on our Services will allow you to post, submit, and/or transmit communications and content on or through the Services (“Your Content”). You will retain ownership of any intellectual property rights to Your Content, but you automatically grant, or warrant that you and/or the owner of such content has expressly granted, Speak4 a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You are responsible for Your Content, and acknowledge that once published, we cannot always remove it. Without limiting the foregoing, if you are a Client you agree and acknowledge that Your Content includes, without limitation, any content or communications that you upload or post to a Landing Page, upload to your customer account, or otherwise upload or share through your use of the Services.

NON-CONFIDENTIALITY

Communications and content submitted on or through the Services shall not be deemed confidential and Speak4 shall not have any obligation to keep any such material confidential. Speak4 shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

USER CONDUCT

By using the Services, you agree to not use the Services in any manner that:

Customer acknowledges and agrees that you will not use the Services to

Speak4 shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Services for any reason, including to determine compliance with these Terms. If any use of our Services is deemed objectionable, as determined by Speak4 in our sole discretion, Speak4 has the right to block your access to and use of the Services, with no liability or compensation owed to you. Without limiting the foregoing, if you are a Client you acknowledge and agree that this means Speak4 may discontinue your use of the Services, including the removal of any Landing Pages or other content you have created through the Services, if we determine, in our sole discretion, that you have used the Services to post or distribute any inappropriate or objectionable content or have used the Services to further any inappropriate or objectionable purpose.

LINKS TO EXTERNAL SERVICES

The Services may contain links to other websites. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

NO FRAMING

Without the prior written permission of Speak4, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Services, or incorporate any intellectual property of the Services, Speak4 or any of its licensors into another website or other service.

PRIVACY

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

DISCLAIMER OF WARRANTIES

SPEAK4 DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPEAK4 OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WE DO NOT GUARANTEE THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SERVICES, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE, OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, SPEAK4 DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SERVICES. UNDER NO CIRCUMSTANCES WILL SPEAK4 BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SERVICES.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, SPEAK4 WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES, FINES, AND COSTS OF ENFORCEMENT) ARISING FROM OR RELATED TO YOUR BREACH, ACTS, OR OMISSIONS UNDER THESE TERMS. IN NO EVENT SHALL SPEAK4 BE LIABLE TO ANYONE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, COLLATERAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE, THE RESULTS OF USE, OR THE INABILITY TO USE THE SERVICES, EVEN IF SPEAK4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPEAK4 SHALL HAVE NO OBLIGATION UNDER THESE TERMS TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICES OR TO OTHERWISE SUPPORT OR MAINTAIN THE SERVICES. UPON YOUR BREACH OF THESE TERMS, SPEAK4’S REMEDIES SHALL INCLUDE ANY DAMAGES AND RELIEF AVAILABLE AT LAW OR IN EQUITY AGAINST YOU AS WELL AS INTERRUPTION OR TERMINATION OF ACCESS TO THE SERVICES AND PERMANENT DELETION OR DESTRUCTION OF ALL PORTIONS OF THE SERVICES WITHIN YOUR POSSESSION, CUSTODY OR CONTROL. IF SPEAK4 RETAINS ANY THIRD PARTY TO OBTAIN ANY REMEDY TO WHICH IT IS ENTITLED UNDER THESE TERMS, SPEAK4 SHALL BE ENTITLED TO RECOVER FROM YOU ALL COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES OR COLLECTION AGENCY COMMISSIONS, INCURRED. YOU ARE NOT RESPONSIBLE FOR ACTS OR OMISSIONS OF OTHER USERS, CLIENTS, OR END USERS UNLESS SUCH ACTS OR OMISSIONS ARE ATTRIBUTABLE IN ANY WAY TO YOUR ACTS OR OMISSIONS. THE LIMITATION OF LIABILTY CONTAINED IN THESE TERMS IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND SPEAK4. THE SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Speak4, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Speak4 assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend (at Speak4’s option), indemnify, and hold Speak4 harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the Services (as determined by Speak4 in its sole discretion) or any breach by you of these Terms. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

By using the Services, you and Speak4 agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms or any part of them, except for disputes that qualify for small claims court or those related to either party’s intellectual property (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

Both you and Speak4 agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties, in the Arlington, Virginia area.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.

Notwithstanding anything to the contrary in these Terms, the arbitration shall be conducted in compliance with JAMS’ Consumer Arbitration Minimum Standards (www.jamsadr.com/consumer-minimum-standards) (“Minimum Standards”) if the Minimum Standards are deemed by JAMS or the arbitrator to be applicable to the Dispute.

CHOICE OF LAW AND CHOICE OF FORUM

These Terms have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of Virginia, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

You and Speak4 acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

CLAIMS OF COPYRIGHT INFRINGEMENT

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Services, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows: 3001 Washington Blvd, 7th Floor, Arlington, VA 22201, ‪202-964-0413, [email protected].

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Services, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

MODIFICATION AND TERMINATION

We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” above. By continuing to use the Services, or any portion thereof, after we post any such changes, you accept these Terms, as modified.

We shall have the right to immediately terminate these Terms and access to the Services with respect to any user which we, in our sole discretion, consider to be using the Services in an unacceptable manner, or in the event of any breach by you of these Terms. More generally, we may change, restrict access to, suspend or discontinue the Services, or any portion of the Services, at any time and at our sole discretion.

MISCELLANEOUS

  1. No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Speak4 does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Speak4 has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Speak4’s rights, and all such rights or remedies shall still be available to Speak4.
  2. Severability. If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
  3. Entire Agreement. These Terms and, if applicable, our Terms and Conditions set forth the entire understanding and agreement between us with respect to your use of the Services. Speak4 may make changes to these Terms from time to time. You understand and agree that if you use the Services after the Terms have been updated, Speak4 will treat your continued use as acceptance of the updated Terms.
  4. Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction.
  5. No Relationship. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or agent relationship between you and Speak4.
  6. Notice to California Residents. You may reach Speak4 at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  7. Survival. The provisions of these Terms that by their nature should survive shall survive termination of these Terms, including the terms of the proprietary rights, no warranty, limitation of liability, indemnification, governing law and arbitration, and Miscellaneous sections.
  8. Headings. The section headings used in these Terms are for convenience only and are not to be considered in construing or interpreting these Terms.

CONTACT US

If you have any questions, comments or concerns about these Terms, please contact us at: [email protected]

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