TERMS & CONDITIONS

Last updated: April 14, 2024

Please read these Terms & Conditions carefully before using Our Service.

I. INTERPRETATION AND DEFINITIONS

I.A. Interpretation

The words of which the initial letter is capitalized have meaning defined under the following Definitions. The following Definitions shall have the same meaning regardless of whether they appear in singular or in plural.

I.B. Definitions

For the purposes of these Terms and Conditions:

• Account means a unique account created for You to access Our Service or parts of Our Service.

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Swan City Speech, LLC, 1619 Harden Boulevard, Lakeland, FL 33803.

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

• Personal Data is any information that relates to an identified or identifiable individual.

• Service refers to the Website and the services and features made available to You on the Website.

• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Terms & Conditions (also referred to as "Terms") mean these Terms & Conditions that form the entire agreement between You and the Company regarding the use of the Service.

• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

• Website refers to Swan City Speech, accessible from www.swancityspeech.com. 

• You means the individual accessing or using the Service, or the  Company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

II. ACKNOWLEDGEMENT

These are the Terms & Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms & Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms & Conditions. These Terms & Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms & Conditions. If You do not agree, then You may not access the Service.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

III. LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

IV. PROPRIETARY RIGHTS AND USE RESTRICTIONS

Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Service is owned, controlled or licensed by or to Company and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms, no part of the Service and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.

The Service is for Your personal use only. In connection with Your use of the Service, You agree that You will not:

• post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive (as determined in Our sole discretion); (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;

• violate any local, state, provincial, national, or other law or regulation, or any order of a court;

• infringe, misappropriate or violate Company’s or any third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; 

• interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

• “scrape,” “crawl” or “spider” any web pages or other services contained in the Service;

• display, mirror or frame the Service, or any individual element within the Service, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;

• access, tamper with, or use non-public areas of the Service, Company’s computer systems, or the technical delivery systems of Company’s providers;

• attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures;

• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Service or any of the Content on the Service;

• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; 

• use the Service as part of any effort to compete with Us or otherwise use the Service and/or the Content for any revenue-generating endeavor or commercial enterprise; or

• advocate, encourage, or assist any third party in doing any of the foregoing.

Any conduct by a user that in Our discretion restricts or inhibits any other user from using or enjoying the Service is expressly prohibited. 

We reserve the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or Terms; and (3) to interrupt the operation of the Service, or any portion of the Service, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

V. TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms & Conditions.

Upon termination, Your right to use the Service will cease immediately.

VI. INDEMNITY

You agree to indemnify and hold Company, its Affiliates, and its and their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, the "Company Parties"), harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against or incurred by a Company Party due to or arising out of or in connection with (1) Your access to or use of the Service; (2) Your violation of these Terms or any applicable law, rule or regulation, (3) Your violation of any rights of any third party; or (4) any disputes or issues between You and any third party. 

VII. LIMITATION OF LIABILITY

Notwithstanding any damages that You might incur, the entire liability of the  Company, its Affiliates and its and their respective licensors, Service Providers and suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the  Company its Affiliates and its and their respective licensors, Service Providers or suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and / or third-party hardware used with the Service, or otherwise in connection with any provision of this terms), even if the  Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, the Company’s liability will be limited to the greatest extent permitted by law.

VIII. "AS-IS" AND "AS-AVAILABLE" DISCLAIMER

This Service is provided to You "as-is" and "as-available" and with all faults and defects without warranty of any kind. to the maximum extent permitted under applicable law, the  Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors, Service Providers and suppliers, expressly disclaims all warranties, whether express, implies, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the  Company nor any of the  Company's Affiliates, licensors, Service Providers or suppliers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or concurrency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the  Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extend enforceable under applicable law.

IX. GOVERNING LAW

The laws of the United States and the State of Florida, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

X. DISPUTE RESOLUTION

Please read the following section carefully because it requires You to arbitrate certain disputes and claims with Us and limits the manner in which You can seek relief from Us. 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

Binding Arbitration. If informal discussions do not resolve the dispute, You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these Terms and the use of the Service (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these Terms. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and You waive Your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s). 

No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. 

Location. The location of the arbitration shall be in Lakeland, Florida. 

Authority of Arbitrator(s). As limited by the AAA Rules and these Terms, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. 

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these Terms, to the fullest extent permitted by law You agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Lakeland, Florida for the purpose of litigating all such disputes. You also waive Your rights to a jury trial.

Time Limit for Claims. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any Dispute herein.

Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.

XI. UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

XII. SEVERABILITY AND WAIVER

XII.A. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

XII.B. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

XII.C. Electronic Communications

When You access or use the Service or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You via email or through the Service. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You may preserve these Terms in written form by printing it for Your records, and You waive any other requirement that these Terms be evidenced by a written document. 

XII.D. Relationship of the Parties

No joint venture, partnership, employment, or agency relationship exists between You and Company as a result of these Terms or Your use of the Service.

XII.D. Assignment

You may not assign any of Your rights under these Terms, and any such attempt will be null and void. Company may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms to any Affiliate or to another third party in the event that some or all of Our business is transferred to such other third party by way of merger, sale of its assets or otherwise.

XIII. CHANGES TO THESE TERMS & CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time We will notify You of any changes by posting the new Terms on this page and updating the "Last updated" date at the top of these Terms. If a revision is material, We will make reasonable efforts to let You know via email and / or a prominent notice on Our Service. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.