These terms and conditions outline the rules and regulations for the use of Professional Speaker Directory, LLC’s site: https://ProfessionalSpeakerDirectory.com (“Site”) . Professional Speaker Directory, LLC is located at 434 Sandford Avenue, Westfield, New Jersey 07090, United States.
We reserve the right to amend this Agreement at any time as provided in this Agreement. You may reject the changes by simply not using the Services or terminating your account
Unless otherwise stated, Professional Speaker Directory, LLC and/or its licensors own the intellectual property rights for all material on Site. All intellectual property rights are reserved. You may view and/or print pages from Site for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from Site;
- Sell, rent or sub-license material from Site;
- Reproduce, duplicate or copy material from Site;
- Redistribute content from Site (unless content is specifically made for redistribution).
Certain parts of this Site offer the opportunity for users to post and exchange opinions, information, material and data (“Comments”) in areas of the Site. Professional Speaker Directory, LLC does not screen, edit, publish or review Comments prior to their appearance on the Site and Comments do not reflect the views or opinions of Professional Speaker Directory, LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Professional Speaker Directory, LLC will not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Site.
Professional Speaker Directory, LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our Site and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy;
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Professional Speaker Directory, LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Site in the same manner as they hyperlink to the Sites of other listed businesses; and
- System-wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to the Site’s home page, to publications or to other Site information so long as the link:
- Is not in any way misleading;
- Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- Fits within the context of the linking party’s site
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- Dot.com community sites;
- Associations or other groups representing charities, including charity giving sites;
- Online directory distributors;
- Internet portals;
- Accounting, law and consulting firms whose primary clients are businesses; and
- Educational institutions and trade associations.
We will approve link requests from these organizations if we determine that the:
- Link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
- Organization does not have an unsatisfactory record with us;
- Benefit to us from the visibility associated with the hyperlink outweighs the absence of Professional Speaker Directory, LLC; and
- Where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Site information so long as the link:
- Is not in any way misleading;
- Does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and
- Fits within the context of the linking party’s site.
If you are interested in linking to our Site, you must notify us by sending an e-mail to support@ProfessionalSpeakerDirectory.com. Please include your name, your organization name, contact information (phone number and e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows, by use of:
- Corporate name; or
- The URL being linked to; or
- Any other description of our Site or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Professional Speaker Directory’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Removal of Links From Our Site
If you find any link on our Site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
While we make every effort to ensure that the information on this Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available or that the material on the Site is kept up to date.
We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our Site. You agree to immediately remove all links to our Site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of the Site.
All information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Site are the sole responsibility of the person from which such content originated. All such information is referred to herein as the “Content” and includes, but is not limited to: Content that you Post to your speaker profile or through our blog or other messaging/communication system. “Post“, “Posted” “Posting” or “Private Messaging” means to upload, post, transmit, share, store, link to or otherwise make available on or through the Site.
We will have no responsibility or liability for any content appearing on your Profile. You agree to indemnify and defend us against all claims arising out of or based upon your Profile.
We are not responsible for the content or accuracy of any information Posted by users, and will not be responsible for any transactions, whether paid or unpaid, made based on such information.
Speakers are responsible for posting their own Content. In addition to the other obligations in this Agreement, as a Speaker, you agree that all Content that you post is truthful. You may not Post anything to create an impression that you know is incorrect, misleading, or deceptive. All Content you post must comply with all applicable laws rules and regulations and be owned by you or, if not owned by you, that you have the right to Post it.
You represent and warrant that you have the full legal right and title, or otherwise have all rights necessary, to all Content that you Post. You hereby grant to Professional Speaker Directory, LLC a worldwide, perpetual, fully paid license, to use all Content provided by you for the purposes of hosting such Content as part of the Site.
You are solely responsible for (and we have no responsibility to you or to any third party for) any Content that you Post while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
You may not distribute, transmit, copy, download or otherwise make available any Content or other material from the Site, including any text, sound or images, for public or commercial or any other use, without the prior written permission of the Company. You also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any Content or other material contained on the Site without our prior written permission.
Some Content presented to you may be protected by intellectual property rights which are owned by those who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on Content (either in whole or in part) that you do not own or have permission to use and/or modify. Additionally, Content you Post could be seen by the general public. You should not Post any information that you do not want the general public to know including, without limitation, personally identifiable information.
We reserve the right (but will have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site. We may remove or edit any Content at any time and for any reason and/or ban users from the Site at any time and for any reason.
All illegal activities will be reported to appropriate authorities and will result in termination of your account.
Speakers and Individuals or Companies Hiring Speakers
You specifically acknowledge and agree that Company is only a conduit that allows for individuals and businesses to browse and hire Speakers for their events. Company takes no responsibility and assumes no liability for any actions, non-actions, speeches or content attributable to the speaker. AS A SPEAKER, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF AND PERFORMANCE OF YOUR SPEECH. AS A SPEAKER OR AS AN INDIVIDUAL OR AS A BUSINESS HIRING A SPEAKER YOU AGREE THAT COMPANY HAS NO LIABILITY OR OBLIGATION TO YOU REGARDING THE QUALITY OF A SPEAKER’S SPEECH OR THE PERFORMANCE OR NON-PERFORMANCE OF A SPEECH. Speakers and individuals and businesses hiring speakers will work directly together regarding any disputes, issues or disagreements related to the Site. Company is not responsible, and has no obligation, to mediate or otherwise intercede in any such disagreement. Company may, but is not obligated to, forward to you any complaints or concerns it receives.
COMPANY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SITE UNDER THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST SAVINGS, OR LOST DATA, OR FOR ANY DAMAGE RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY AND ALL CLAIMS SHALL BE FOR THOSE DIRECT DAMAGES SUFFERED BY YOU AND SOLELY DUE TO COMPANY’S PERFORMANCE UNDER THIS AGREEMENT AND SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO COMPANY FOR THE SERVICES DIRECTLY RELATED TO THE DAMAGES SUFFERED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this Agreement may not apply to you.
THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, COMPANY, ITS PARTNERS AND LICENSORS, DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT: I) THAT THE CONTENT (WHETHER POSTED OR STATED BY US, THE SPEAKER OR ANYONE ELSE) IS ACCURATE, RELIABLE OR CORRECT; or II) THAT THE SITE, SERVICES OR SPEAKERS WILL MEET YOUR REQUIREMENTS; or III) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; or IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; or V) THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to the Site, including any Content transmitted or received by You; (ii) Your violation of any term of this Agreement; (iii) Your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) Your violation of any law, rule or regulation of any country; (v) any claim for damages that arise as a result of any message or offer made by you or other Content that is submitted via your account; (vi) any other party’s access and use of the Site with your username, password or other appropriate security code; or (vii) Your use of the Site for any reason not contemplated by this Agreement.
Relationship of the Parties
The relationship of the parties is that of an independent contractor. This Agreement does not create a joint venture or partnership between speakers or individuals or business that hires speakers and Company, and each will act independently of the other. Neither you nor Company is empowered to bind or commit the other to any other contract or other obligation. You and Company agree that there are no third party beneficiaries to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the written permission of Company. Company is free to assign this Agreement to any third party.
This Agreement shall be governed by and construed in accordance with the laws of New Jersey without regard to its conflicts of laws principles. The parties hereby irrevocably submit to the exclusive jurisdiction of the courts located in New Jersey with respect to any matter arising out of or relating to this Agreement and irrevocably waive any objection they may now or hereafter have as to the venue for any proceeding relating to this Agreement or that such court is an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If and to the extent that any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and, if possible, shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of any other provision of this Agreement in that or any other jurisdiction.
The section headings and numbering of this Agreement are for convenience of reference only, and shall not define or limit any of the terms or provisions hereof.
No failure or delay by Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof by Company shall preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
This Agreement contains the entire agreement and understanding between the parties and merges and supersedes all representations and discussions between the parties.
October 10, 2016