Terms of Use
1. Notice/Acceptance of Terms
The following Terms of Use are entered into by and between You and Stephanie Bickel LTD d/b/a Speak by Design (“Speak by Design”, "Company", "we", or "us").
Speak by Design offers leadership communications coaching and certification through private coaching, group coaching, on-demand classes, SpeakbyDesign.com, SpeakbyDesignUniversity.com and related products and services (collectively the ‘Services”) to you, our valued customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. Modification of These Terms
We reserve the right in our sole discretion to change, modify, add, or remove the Terms, conditions, and notices under which the Services are offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Services following the effective date of changes to these Terms or other policies means you accept and consent to the changes.
3. Access to the Site
In order to use the Services, you may be required to obtain access to the world wide web, either directly or through devices that access web-based content and pay any fees associated with such access. System availability and access to the Services may be limited or unavailable for reasons which may include, without limitation, system performance. Company makes no representations, warranties or assurances as to the availability of the Services.
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services and any resources downloaded from the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Restrictions on Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services and the resources available for download from the Services strictly in accordance with these Terms.
As a condition of your use of the Services, you warrant to the Company that you will not use the Services or any of the resources available for download from the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services or any of the resources available for download from the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You will not establish: (i) a hyperlink, including a deep link, to any page or location on any websites used in the delivery of the Services; or ((ii) a frame containing any portion of the websites used in the delivery of the Services, on any other website or text document with hyperlink capabilities without the express written permission of Speak by Design.
Unless allowed under the Leadership Communications Coaching Certification agreement, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in Services or any of the resources available for download from the Services.
5. Intellectual Property
All content included as part of the Services, such as text, graphics, logos, images, videos as well as the compilation thereof, and any software used in the delivery of the Services, is the property of Speak by Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
Unless allowed under the Leadership Communications Coaching Certification agreement, Speak by Design content is not for resale. Your use of our Services or any of the resources available for download in the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Speak by Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Speak by Design or our licensors except as expressly authorized by these terms.
The Company name, the Company logos, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Speak by Design or its affiliates or licensors. You must not use such marks with the prior written permission of Speak by Design. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you in the Services, for other than your personal information.
6. Modifications to the Services
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) from time to time, for any or no reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. The information and materials contained on the Services are subject to change. Company endeavors to keep the information posted on the Services current, however, such information is subject to change at any time without notice to you and the posted information on the Services may not immediately reflect such changes.
7. Use of Communication Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, "Communication Services"). If you provide an email address or phone number (mobile or landline), you warrant that you either are the account holder or have the express permission of the account holder to provide such information. If you provide permission to text a mobile number, you are consenting to receiving marketing communications to that number. Consent to receive text messages is not a requirement for your use of the Services and permission may be withdrawn at any time by contacting team@speakbydesign.com.
You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Please note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing, or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s contributions. You agree to indemnify us for any cost, expenses, damages, or liabilities we incur due to your use of the Services or otherwise relating to any of your contributions.
Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials
8. Services Code of Conduct Requirements
As a member of the Speak by Design University, Leadership Communication Coach Certification, and any Speak by Design group courses, you are required to be a good Community member and abide by the following:
9. Third Party Links and Advertising
The Services may provide links or references to other websites. If Company has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Company is connected with, operates or controls these websites.
Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Company disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Company endorses the content of such sites. Where Company is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
Company takes no responsibility for third party advertisements which are posted on our websites, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the websites, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Company. You agree that Company shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the websites, and you agree to indemnify Company and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to Speak by Design’s websites, speakbydesign.com and speakbydesignuniversity.com, you must contact Speak by Design before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Speak by Design, including its respective employees, agents, directors, officers, and shareholders.
Company is not responsible for the content or practices of third party websites that may be linked to the Services and makes no representation or warranty regarding such websites or their content. The Services may also be linked to other websites operated by companies affiliated or connected with Company. When visiting other websites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.
10. Disclaimer of Warranties
The testimonials and examples contained on Speak by Design's Websites represent exceptional results and may not apply to the average purchaser of our products. The examples and testimonials are the opinions and sentiments of the speakers and are not intended to show typical results or guarantee that anyone will obtain the same or similar outcomes.
As with any business, your results may vary, and will be based on your understanding of the material, business experience, expertise, and level of effort. Further, there are unknown risks in business, particularly in online business, that cannot be foreseen and which may affect the results individuals experience. There is no assurance that examples of past results can be duplicated in the future.
Speak by Design cannot and does not guarantee your results, earnings, or future earnings achieved as a result of your use of our programs, nor can we provide you with professional and/or legal advice. By signing up/enrolling for any of the Services, you acknowledge and agree that Speak by Design is not responsible for your results, earnings, future earnings achieved as a result of our training and you accept the risk that earnings and income statements differ by individual.
The Websites and the materials located on or through the Websites are provided by us for informational and educational purposes only, with the understanding that we are by the provision of these materials not engaged in rendering legal, financial, or other professional advice or service. We make no representation or warranty, and disclaim any and all responsibility or liability, for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information, materials, software, products, and services included in or available on or through the Services for any purpose.
The information and materials in the Services and any communications sent to you via our websites or otherwise from the Company (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. ANY RELIANCE ON THE INFORMATION OR MATERIAL IN THE SERVICES IS AT YOUR OWN RISK. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, CAREER, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Websites or the use thereof.
To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.
To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.
You understand and agree that any material downloaded or otherwise obtained through the use of the Websites is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
11. Limitation of Liability
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on our websites, through a Company program, or not. The Company provides educational and informational resources that are intended to help users of these Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in these Services are no guarantee that you or any other person or entity will be able to obtain similar results.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Services. By participating in the Services you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SERVICES (COLLECTIVELY THE “SERVICE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, ANY COMMUNICATIONS SENT TO YOU VIA THE SERVICES OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SERVICE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES, EVEN IF ANY ONE OF OR ALL OF THE SERVICE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SERVICE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THE SERVICES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Information Collected by Third-parties.
We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with the Services. Our Services do not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.
13. Online Commerce
If paying by credit/debit card, you give Speak by Design permission and authorization to automatically charge your credit or debit card as payment for the Services. If your purchase of a Services allows for using our payment plan options, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrollment form. By using the enrollment form, you give Speak by Design permission and authorization to automatically charge your credit/debit card every thirty (30) days until all payments are completed.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Services will not continue. If you fail to make payment in a timely manner in accordance with these Terms or voluntarily decide to withdraw from the Services for any reason whatsoever, you still will remain fully responsible for the full cost of the Service.
When you purchase any of the Speak by Design Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use our Speak by Design Services for legitimate purposes only in compliance with these Terms. You also agree not to make any purchases for speculative, false or fraudulent purposes. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our Services.
You agree to only purchase these Speak by Design Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
14. Refund Policy
Your satisfaction with our Services is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Services, you acknowledge that we do not offer refunds after 7 days have passed since the beginning of delivery of the Services for which you have paid. Any refunds allowed within this period, may be subject to withholding of registration, processing, or administrative fees. Unless specifically outlined in a Services contract with Speak by Design, all sales are final after seven days and no refunds will be provided for any reason. All provisions of these Terms, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely.
15. Terms Specific to Speak by Design University Subscription Membership
Your initial monthly membership payment is due before your access to the membership site is granted. Memberships are for a complete month at a time and will continue automatically until the membership is canceled. Your payment will be automatically processed on the first day of each month of your membership.
Because of the resources required to plan and execute each month of SBDU membership, advanced notice must be provided when a member intends to cancel their membership. All membership cancellations must be received at least 14 days before your next scheduled payment is due. To cancel your membership, use this form. You must be logged into Speakbydesignuniversity.com to access the form. If you have any issues with requesting your cancellation, contact team@speakbydesign.com.
If you have purchased a multi-month subscription to Speak by Design University that involves pre-payment in return for discount, you may cancel within the first 7 days of your 1st month of membership for a refund of any fees paid minus the then advertised rate of a single month of membership.
In the event that you terminate your membership with Speak by Design University, you will not be allowed to restart a membership for one year.
Speak by Design University members may place their membership in a 'pause' status at the rate indicated inside the membership site. The following outlines our 'pause' program:
16. Terms Specific to the Leadership Communication Coaching Certification Program
Participation in the Leadership Communication Coaching Certification (LCCC) Program can be canceled within 7 days after the first meeting of the program cohort, whether the participant was able to attend the first meeting or not. If you request to cancel your participation in the LCCC program, you will receive a refund of any fees paid minus a $2000 administrative fee. Any request to cancel your participation in the LCCC program should be sent to team@speakbydesign.com.
As a Speak by Design Certified Leadership Communications Coach, you have a license to use all of the Models that you were taught during the LCCC training sessions and the workbooks that you have been provided here. This means you can create coaching programs and workshops using the Models and the LCCC workbooks within your practice.
You are not licensed to resell any of Speak by Design’s materials, repackage our tools in your own voice, or write books teaching our tools extensively or create apps based on the models. You cannot rewrite them and sell them as your own. You can mention the Models and our workbooks briefly with credit. Please review copyright laws to make sure you are within them.
You are also not licensed to use the Models or workbooks in any type of certification. Use all the tools in your coaching practice to help your clients.
Lastly, don’t use Stephanie Bickel’s or Speak by Design’s name, logo, or likeness in any of your business materials, to create groups, or to solicit customers. You can, of course, use the Certified logo and reference the Certification and Stephanie. We just don’t want any confusion over whether you are working for or representing Speak by Design.
17. Confidentiality
The Services may include a social network in which personal information may be exchanged between participants. You are entirely responsible for deciding how much of your personal information you wish to share in the Services. The Company will not share, sell, or rent the personal information of its members to third-party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share with other participants. Please review our Privacy Policy to learn how we manage personal information. By taking part in the Services, you agree to keep members' information confidential.
Virtual Private Coaching session(s) provided by Speak by Design in any of the Services are considered confidential communications.
18. Termination
We reserve the right in our sole discretion to refuse or terminate your access to our Services at any time without notice. Should you or we wish to terminate the Services at any time, these termination terms will apply to you as well, even after termination by either of us. In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Services affected by such cancellation or termination. The restrictions imposed on you with respect to Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms, shall survive such termination of your access and apply in full force.
19. Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Michigan, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to Speak by Design via e-mail at team@speakbydesign.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to date. No award of consequential or of any other damages may be granted to you.
By signing up/enrolling/purchasing for any of our Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Oakland County, Michigan, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
20. Miscellaneous.
1. Governing Law. This Agreement shall be governed by the laws of the State of Michigan, without regard to conflicts of law provisions.
2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Company, which are not included in this Agreement, shall be binding on Company or its affiliates.
3. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Company. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
4. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
5. Miscellaneous. This Agreement shall inure to the benefit of Company and its subsidiaries and affiliates. Any and all references in this Agreement to Company and its affiliates shall, where the context so permits include Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on the Site.
6. Assignment. Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
21. Contacting Us
If there are any questions regarding these terms you may contact us using the information below:
Effective as of May 8, 2024.
The following Terms of Use are entered into by and between You and Stephanie Bickel LTD d/b/a Speak by Design (“Speak by Design”, "Company", "we", or "us").
Speak by Design offers leadership communications coaching and certification through private coaching, group coaching, on-demand classes, SpeakbyDesign.com, SpeakbyDesignUniversity.com and related products and services (collectively the ‘Services”) to you, our valued customer, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Services.
The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
2. Modification of These Terms
We reserve the right in our sole discretion to change, modify, add, or remove the Terms, conditions, and notices under which the Services are offered. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Services following the effective date of changes to these Terms or other policies means you accept and consent to the changes.
3. Access to the Site
In order to use the Services, you may be required to obtain access to the world wide web, either directly or through devices that access web-based content and pay any fees associated with such access. System availability and access to the Services may be limited or unavailable for reasons which may include, without limitation, system performance. Company makes no representations, warranties or assurances as to the availability of the Services.
To access the Services or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services and any resources downloaded from the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
4. Restrictions on Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Services and the resources available for download from the Services strictly in accordance with these Terms.
As a condition of your use of the Services, you warrant to the Company that you will not use the Services or any of the resources available for download from the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services or any of the resources available for download from the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
You will not establish: (i) a hyperlink, including a deep link, to any page or location on any websites used in the delivery of the Services; or ((ii) a frame containing any portion of the websites used in the delivery of the Services, on any other website or text document with hyperlink capabilities without the express written permission of Speak by Design.
Unless allowed under the Leadership Communications Coaching Certification agreement, you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in Services or any of the resources available for download from the Services.
5. Intellectual Property
All content included as part of the Services, such as text, graphics, logos, images, videos as well as the compilation thereof, and any software used in the delivery of the Services, is the property of Speak by Design or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
Unless allowed under the Leadership Communications Coaching Certification agreement, Speak by Design content is not for resale. Your use of our Services or any of the resources available for download in the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Speak by Design and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Speak by Design or our licensors except as expressly authorized by these terms.
The Company name, the Company logos, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of Speak by Design or its affiliates or licensors. You must not use such marks with the prior written permission of Speak by Design. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you in the Services, for other than your personal information.
6. Modifications to the Services
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) from time to time, for any or no reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. The information and materials contained on the Services are subject to change. Company endeavors to keep the information posted on the Services current, however, such information is subject to change at any time without notice to you and the posted information on the Services may not immediately reflect such changes.
7. Use of Communication Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, "Communication Services"). If you provide an email address or phone number (mobile or landline), you warrant that you either are the account holder or have the express permission of the account holder to provide such information. If you provide permission to text a mobile number, you are consenting to receiving marketing communications to that number. Consent to receive text messages is not a requirement for your use of the Services and permission may be withdrawn at any time by contacting team@speakbydesign.com.
You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Download and/or distribute any file posted by another user of the Communication Services that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including email addresses, without their consent.
- Violate any applicable laws or regulations.
Please note that we have no obligation to monitor the Communication Services. However, we reserve the right in our sole discretion to review all activity and materials related to the Communication Services and to stop activity and remove any materials at any time, for any reason, without notice to you. We also reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Further, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or remove any information or materials, in whole or in part, at our sole discretion. We shall not be liable to you for any loss you may incur as a result of our taking any action relating to removal, editing, or disclosure to regulatory bodies or law enforcement, nor for the actions or inactions of other users, including anything contained in your or any third party’s contributions. You agree to indemnify us for any cost, expenses, damages, or liabilities we incur due to your use of the Services or otherwise relating to any of your contributions.
Always use caution when giving out any personally identifying information about yourself or others in any Communication Service. The Company does not control or endorse the content, messages, or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials
8. Services Code of Conduct Requirements
As a member of the Speak by Design University, Leadership Communication Coach Certification, and any Speak by Design group courses, you are required to be a good Community member and abide by the following:
- Be respectful and courteous to all other Community members and all coaches, instructors, and employees of Speak by Design
- Do not use abusive, derogatory, threatening, or discriminatory language, either directly or indirectly.
- Do not discriminate against or harass on the basis of any legally protected classification, including, but not limited to race, gender, age, disability, national origin, religion, sexual orientation, or gender identity.
- Do not retaliate for any reason.
- Do not sexually harass or make improper advances.
- Do not hang up abruptly on others when you are on a live call of any kind.
- Do not use your coaching sessions to complain about coaches, instructors, and employees of Speak by Design or other Community members.
9. Third Party Links and Advertising
The Services may provide links or references to other websites. If Company has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Company is connected with, operates or controls these websites.
Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Company disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Company endorses the content of such sites. Where Company is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
Company takes no responsibility for third party advertisements which are posted on our websites, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the websites, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Company. You agree that Company shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the websites, and you agree to indemnify Company and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to Speak by Design’s websites, speakbydesign.com and speakbydesignuniversity.com, you must contact Speak by Design before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Speak by Design, including its respective employees, agents, directors, officers, and shareholders.
Company is not responsible for the content or practices of third party websites that may be linked to the Services and makes no representation or warranty regarding such websites or their content. The Services may also be linked to other websites operated by companies affiliated or connected with Company. When visiting other websites, however, you should refer to each such web site’s individual “Terms of Use” and not rely on this Agreement.
10. Disclaimer of Warranties
The testimonials and examples contained on Speak by Design's Websites represent exceptional results and may not apply to the average purchaser of our products. The examples and testimonials are the opinions and sentiments of the speakers and are not intended to show typical results or guarantee that anyone will obtain the same or similar outcomes.
As with any business, your results may vary, and will be based on your understanding of the material, business experience, expertise, and level of effort. Further, there are unknown risks in business, particularly in online business, that cannot be foreseen and which may affect the results individuals experience. There is no assurance that examples of past results can be duplicated in the future.
Speak by Design cannot and does not guarantee your results, earnings, or future earnings achieved as a result of your use of our programs, nor can we provide you with professional and/or legal advice. By signing up/enrolling for any of the Services, you acknowledge and agree that Speak by Design is not responsible for your results, earnings, future earnings achieved as a result of our training and you accept the risk that earnings and income statements differ by individual.
The Websites and the materials located on or through the Websites are provided by us for informational and educational purposes only, with the understanding that we are by the provision of these materials not engaged in rendering legal, financial, or other professional advice or service. We make no representation or warranty, and disclaim any and all responsibility or liability, for the suitability, timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information, materials, software, products, and services included in or available on or through the Services for any purpose.
The information and materials in the Services and any communications sent to you via our websites or otherwise from the Company (including, without limitation, newsletters, electronic mail, or communication via telephone) should not be relied upon or used as a basis for making significant decisions without consulting primary or more accurate, more complete, or more timely sources of information. ANY RELIANCE ON THE INFORMATION OR MATERIAL IN THE SERVICES IS AT YOUR OWN RISK. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, PROFESSIONAL, CAREER, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Websites or the use thereof.
To the maximum extent permitted by applicable law, all such information, materials, software, products, and services are provided “as is” and “as available” without warranty or condition of any kind.
To the maximum extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, design, accuracy, capability, sufficiency, suitability, capacity, completeness, availability, compatibility, or arising from course of dealing or course of performance.
You understand and agree that any material downloaded or otherwise obtained through the use of the Websites is done so at your own discretion and risk and that you will be solely responsible for any claims, including, without limitation, any damages to your computer system or loss of data, that results from downloading or otherwise obtaining such material.
Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
11. Limitation of Liability
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on our websites, through a Company program, or not. The Company provides educational and informational resources that are intended to help users of these Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in these Services are no guarantee that you or any other person or entity will be able to obtain similar results.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the Services. By participating in the Services you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SERVICES (COLLECTIVELY THE “SERVICE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, ANY COMMUNICATIONS SENT TO YOU VIA THE SERVICES OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SERVICE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICES, EVEN IF ANY ONE OF OR ALL OF THE SERVICE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SERVICE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THE SERVICES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
12. Information Collected by Third-parties.
We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with the Services. Our Services do not provide any personal information to these third parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.
13. Online Commerce
If paying by credit/debit card, you give Speak by Design permission and authorization to automatically charge your credit or debit card as payment for the Services. If your purchase of a Services allows for using our payment plan options, you agree to pay the initial payment to secure your participation and also agree to begin payments on the date specified on the enrollment form. By using the enrollment form, you give Speak by Design permission and authorization to automatically charge your credit/debit card every thirty (30) days until all payments are completed.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Services will not continue. If you fail to make payment in a timely manner in accordance with these Terms or voluntarily decide to withdraw from the Services for any reason whatsoever, you still will remain fully responsible for the full cost of the Service.
When you purchase any of the Speak by Design Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use our Speak by Design Services for legitimate purposes only in compliance with these Terms. You also agree not to make any purchases for speculative, false or fraudulent purposes. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our Services.
You agree to only purchase these Speak by Design Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
14. Refund Policy
Your satisfaction with our Services is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Services, you acknowledge that we do not offer refunds after 7 days have passed since the beginning of delivery of the Services for which you have paid. Any refunds allowed within this period, may be subject to withholding of registration, processing, or administrative fees. Unless specifically outlined in a Services contract with Speak by Design, all sales are final after seven days and no refunds will be provided for any reason. All provisions of these Terms, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely.
15. Terms Specific to Speak by Design University Subscription Membership
Your initial monthly membership payment is due before your access to the membership site is granted. Memberships are for a complete month at a time and will continue automatically until the membership is canceled. Your payment will be automatically processed on the first day of each month of your membership.
Because of the resources required to plan and execute each month of SBDU membership, advanced notice must be provided when a member intends to cancel their membership. All membership cancellations must be received at least 14 days before your next scheduled payment is due. To cancel your membership, use this form. You must be logged into Speakbydesignuniversity.com to access the form. If you have any issues with requesting your cancellation, contact team@speakbydesign.com.
If you have purchased a multi-month subscription to Speak by Design University that involves pre-payment in return for discount, you may cancel within the first 7 days of your 1st month of membership for a refund of any fees paid minus the then advertised rate of a single month of membership.
In the event that you terminate your membership with Speak by Design University, you will not be allowed to restart a membership for one year.
Speak by Design University members may place their membership in a 'pause' status at the rate indicated inside the membership site. The following outlines our 'pause' program:
- The member maintains access to all group sessions and recordings, such as the Content Vault
- The member will continue to accrue credit for the 'pause' month towards VIP and Diamond status
- While being on pause, members may schedule private coaching for $200/session.
16. Terms Specific to the Leadership Communication Coaching Certification Program
Participation in the Leadership Communication Coaching Certification (LCCC) Program can be canceled within 7 days after the first meeting of the program cohort, whether the participant was able to attend the first meeting or not. If you request to cancel your participation in the LCCC program, you will receive a refund of any fees paid minus a $2000 administrative fee. Any request to cancel your participation in the LCCC program should be sent to team@speakbydesign.com.
As a Speak by Design Certified Leadership Communications Coach, you have a license to use all of the Models that you were taught during the LCCC training sessions and the workbooks that you have been provided here. This means you can create coaching programs and workshops using the Models and the LCCC workbooks within your practice.
You are not licensed to resell any of Speak by Design’s materials, repackage our tools in your own voice, or write books teaching our tools extensively or create apps based on the models. You cannot rewrite them and sell them as your own. You can mention the Models and our workbooks briefly with credit. Please review copyright laws to make sure you are within them.
You are also not licensed to use the Models or workbooks in any type of certification. Use all the tools in your coaching practice to help your clients.
Lastly, don’t use Stephanie Bickel’s or Speak by Design’s name, logo, or likeness in any of your business materials, to create groups, or to solicit customers. You can, of course, use the Certified logo and reference the Certification and Stephanie. We just don’t want any confusion over whether you are working for or representing Speak by Design.
17. Confidentiality
The Services may include a social network in which personal information may be exchanged between participants. You are entirely responsible for deciding how much of your personal information you wish to share in the Services. The Company will not share, sell, or rent the personal information of its members to third-party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share with other participants. Please review our Privacy Policy to learn how we manage personal information. By taking part in the Services, you agree to keep members' information confidential.
Virtual Private Coaching session(s) provided by Speak by Design in any of the Services are considered confidential communications.
18. Termination
We reserve the right in our sole discretion to refuse or terminate your access to our Services at any time without notice. Should you or we wish to terminate the Services at any time, these termination terms will apply to you as well, even after termination by either of us. In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Services affected by such cancellation or termination. The restrictions imposed on you with respect to Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms, shall survive such termination of your access and apply in full force.
19. Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Michigan, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to Speak by Design via e-mail at team@speakbydesign.com. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to date. No award of consequential or of any other damages may be granted to you.
By signing up/enrolling/purchasing for any of our Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Oakland County, Michigan, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
20. Miscellaneous.
1. Governing Law. This Agreement shall be governed by the laws of the State of Michigan, without regard to conflicts of law provisions.
2. Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Company, which are not included in this Agreement, shall be binding on Company or its affiliates.
3. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Company. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
4. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
5. Miscellaneous. This Agreement shall inure to the benefit of Company and its subsidiaries and affiliates. Any and all references in this Agreement to Company and its affiliates shall, where the context so permits include Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on the Site.
6. Assignment. Company may assign its rights and duties under this Agreement to any party at any time without notice to you.
21. Contacting Us
If there are any questions regarding these terms you may contact us using the information below:
Speak by Design
200 E Randolph, Suite 5100
Chicago, IL 60601
Email: team@speakbydesign.com
200 E Randolph, Suite 5100
Chicago, IL 60601
Email: team@speakbydesign.com
Effective as of May 8, 2024.
© 2024 - ALL RIGHTS RESERVED - SPEAK BY DESIGN l TERMS l PRIVACY POLICY
© 2024 - ALL RIGHTS RESERVED SPEAK BY DESIGN