Last Revised: January 1, 2007
Welcome to the Member Agreement. This is a legal agreement between you and Seek2Speak, L.L.C., hereinafter referred to as "Seek2Speak." For convenience, we will refer to the Seek2Speak.com website, Mail (any email you send from your Member account to another Member), phone services and any content therein provided by Seek2Speak as the "Site." We will refer to any information, entertainment services and other products or services you may receive from other Members (in their role as Advisors) or their listings on the Site as the "Advisor Services." Members who enter into the Member Agreement and those who solicit or receive Advisor Services from other Members will be referred to as "Members." Members who create listings and/or provide Advisor Services will also be referred to as "Advisors".
The policies, terms and conditions below limit Seek2Speaks’s liability and obligations to you and allow Seek2Speak to change, suspend or terminate your access to and use of the Site and Advisor Services. We urge you to carefully read the following terms and conditions, and all policies referenced below or elsewhere on the Site. The following policies and rules are incorporated into the Member Agreement by reference and provide additional terms and conditions: Advisor Policy, Privacy Policy, and Anti-Spam Policy. To the extent that there are any conflicts between the terms or conditions in such related policies and this Member Agreement, the terms and conditions of the Member Agreement shall govern.
YOU UNDERSTAND THAT BY REGISTERING AS AN “ADVISOR“ OR “MEMBER” AND BY USING THE SITE AND ANY ADVISOR SERVICES INCLUDING ANY CONTENT PROVIDED THEREIN, BY INITIATING ANY FORM OF COMMUNICATION WITH A MEMBER OR BY HAVING ANY LISTINGS ON THIS SITE, YOU ARE AGREEING TO BE BOUND BY THIS MEMBER AGREEMENT THAT BINDS YOU IN THE SAME WAY THAT A PAPER CONTRACT BINDS YOU. ALL USE OF THE SITE AND ADVISOR SERVICES IS SUBJECT TO THE TERMS OF THIS MEMBER AGREEMENT AND THE POLICIES, TERMS AND INSTRUCTIONS REFERENCED IN THE SITE, WHICH ARE INCORPORATED AND CONSIDERED AS PART OF THESE TERMS. YOU MUST ACCEPT WITHOUT MODIFICATION ALL OF THE TERMS, CONDITIONS, POLICIES AND NOTICES REFERENCED IN THIS MEMBER AGREEMENT IN ORDER TO ACCESS AND USE THE SITE AND ADVISOR SERVICES. IF YOU DO NOT ACCEPT THIS MEMBER AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR ADVISOR SERVICES.
1. Eligibility to use the Site and Advisor Services is limited.
The Site and Advisor Services are available only to persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. Without limiting the foregoing, the Site and Advisor Services are not available to temporarily or indefinitely suspended Members. You shall not use the Site or become a Member if you are located or reside in a country
(a) in which use or participation is prohibited by law, decree, regulation, treaty or administrative act or
(b) is prohibited from entering into trade relations with the United States or its citizens.
2. You use or provide Advisor Services, and consult with Advisors, at your own risk.
(a) Seek2Speak does not evaluate, provide, produce or control the Advisor Services, or information or exchanges between Members, in any manner. Although Advisor listings may contain verified credentials, Seek2Speak does not itself provide any advice, information or entertainment services or other products or services, nor verify, guarantee or make any representations regarding the identity or qualifications of any Advisor. Further, Seek2Speak does not make editorial or managerial decisions concerning content. Nor will Seek2Speak be held responsible for any Advisor's failure to comply with laws or regulations concerning the content of listings. Instead, Seek2Speak acts as a Technology Service that allows Members to share information, entertainment services or other products or services among themselves. Although Seek2Speak helps its Members connect with each other, it does not monitor the advice exchanged, and, as a result, Seek2Speak does not control, nor is responsible for, the truth, accuracy, completeness, safety, timeliness, quality, appropriateness, legality or applicability of anything said or written by Members, including without limitation any information contained in Advisor listings or made available through this Site. The Site is not intended for use as a payment service to exchange goods. Seek2Speak is not responsible for use or exchange of any information, files or goods between Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and Advisor Services, in evaluating the qualifications of, and statements made by, Members in listings or disclosing personal information to other Members. Seek2Speak recommends that you do not disclose personal contact information to Members. If you do, you do so at your own risk. Placement of a Member in a particular category does not mean that they are qualified in any such area or category. Seek2Speak assumes no responsibility for monitoring any Member or otherwise policing its Members in any way. In addition Seek2Speak does not recommend or encourage Members to use the Site or Advisor Services to solicit other Members to meet with them in person.
(b) Seek2Speak does not refer, endorse, recommend, verify, evaluate or guarantee any information, entertainment services or other products or services provided by Advisors or Members, or any specific Member, Advisor or Advisor Services, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Advisor or group of Advisors by Seek2Speak. You must use your judgment to determine whether to initiate, receive and/or discontinue use of the Advisor Services. Members who initiate, receive and/or discontinue use of the Advisor Services do so entirely at their own risk, and Seek2Speak bears no responsibility in this regard. In accordance with its Privacy Policy, Seek2Speak does not monitor telephone conversations between Members. All Technology is owned, ran and operated by our Partner, Click4Advisor. Therefore, we urge you to review and understand their Privacy Policy. As part of this Member Agreement you are agreeing to the terms and conditions set forth in the Privacy Policy and are obliged to abide by the agreements contained in that document.
(c) If you have a dispute with another Member, or suffer any harm arising out of or connected with any Advisor Services, you hereby waive all claims against and release Seek2Speak (and its subsidiaries, employees, officers, directors, shareholders, suppliers, joint venturers and agents, etc.) from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Advisor Services or with regard to such disputes. Residents of all states and nations waive their rights under analogous laws, statutes or regulations.
3. Seek2Speak may modify this Member Agreement, or suspend or terminate your use of the Site, at any time without notice to you.
(a) Seek2Speak reserves the right in its sole discretion to modify or discontinue the Site, or modify the terms and conditions of your use of the Site, without notice. If any modification is not acceptable to you, your only recourse is to cease using the Site and Advisor Services. By continuing to use the Site or any Advisor Services following any posting of a new Member Agreement or policies on the Site, you accept and agree to be bound by the new Member Agreement or policies.
(b) Without limiting other remedies, Seek2Speak may at any time suspend or terminate your membership and refuse to provide access to the Site without reason or notice to you
(i) if Seek2Speak suspects that you have failed to comply with any provision of this Member Agreement or any policies or rules established by Seek2Speak;
(ii) if Seek2Speak suspects that your actions may be illegal or cause liability, harm or disruption for you, other Members, Seek2Speak or the Site.
You have the right to cancel your membership by contacting our Strategic Partner, Click4Advisor at:
support@click4advisor.com.
Any suspension, termination or cancellation will not affect your obligation to pay any amounts due to Seek2Speak.
4. The Site is only a venue for Advisor/Member listings.
Seek2Speak acts only as an interface to facilitate communications initiated between Members. As a Member, you are not an employee, agent or contractor of Seek2Speak, and you shall not represent that you are any of the foregoing. You are solely responsible for all equipment necessary to access and use the Site and Advisor Services, and for reporting and payment of all taxes associated with fees transferred to you by our Strategic Partner, Click4Advisor.com (Click4Advisor.com owns, runs, operates all Technology and handles all Financial Transactions pertaining to “Members” and “Advisors”.)
5. You are solely responsible for all use made of the Site and Advisor Services under your password and Member account information and agree to pay for all Advisor Services purchased using your password and Member account information that you received when registering with our Strategic Partner, Click4Advisor.com.
(a) The rates for Advisor Services are as set forth in the applicable Advisor listing.
(b) You agree to maintain the confidentiality of your password and Member account information and to supervise all activities that occur under your Member name, password or Member account, including, but not limited to, any and all usage of the Site by other persons under your Member name and password. You agree that you will not permit, enable, introduce or facilitate
(i) non-Members having access to or use of the Site or Advisor Services in any manner without such individuals first becoming Members and
(ii) other Members to use a specific Advisor Service at the same time that you are doing so.
(c) You agree that Seek2Speak is not responsible for any loss that you may incur as a result of any unauthorized person using your Member account or password. You agree that Seek2Speak may use information provided by you as described in the Privacy Policy.
6. In using or accessing the Site or Advisor Services, you agree to comply with the following:
(a ) You (as a Advisor providing Advisor Services) are solely responsible for the content provided and the content on listings created under your Member account.
(b) You will not use the Site for any purpose that is unlawful, fraudulent or contrary to this Member Agreement and the policies of Seek2Speak, and you will cooperate fully with Seek2Speak to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized Seek2Speak representatives access to any password-protected portions of your Click4Advisor Member account.
(c) You will conduct all for-fee communications that you have with other Members only through the Site, and you will not circumvent or attempt to circumvent the Site using third-party payment services.
(d) You will not use the Site in any manner that harasses another Advisor/Member or could interfere with any other party's use or enjoyment of the Site. You will respect the privacy of others and not use the Site for unwelcome, rude or abusive communications.
(e) You will not attempt to gain unauthorized access to any Member account information, computer systems or networks associated with the Site.
(f) You will not attempt to obtain any information or materials relating to the Site through any means not intentionally made available through the Site.
(g) You will not "frame," "mirror" or otherwise copy any portion of the Site without Seek2Speak's express written authorization.
(h) You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(i) You will not use the Site to solicit Members, to promote any product or services other than the information services described in your Member listing which are provided through the Site, to provide any product or services related to, claiming success with or offering information regarding lottery numbers or for purposes of multi-level marketing proposals (for example, offering to help participants "get rich quickly," "lose weight now" or "make money surfing the Web").
(j) You will not transmit "junk mail," "spam," "chain letters" or unsolicited mass distribution of email or bulletin board postings, or transmit solicitation for employees, consultants, contractors or for participation on other websites. See our Anti-Spam Policy for further information.
(k) You will not use the Site to promote bonus items, giveaways, random drawings, prizes, contests or games of chance.
(l) You will not create obscene, offensive, tasteless, defamatory or hateful Member names or content for listings.
(m) You will not encourage or instruct any other individual to do any of the foregoing or to violate any term of the Member Agreement and Seek2Speak policies
7. As between the parties, Seek2Speak shall retain all ownership in the Site including all URLs and any content created or derived from the Site.
You grant Seek2Speak the right to use or reference your Member name on the Site and elsewhere to promote the Site without your consent or compensation to you.
8. Seek2Speak disclaims any warranties or representations regarding the Site and Advisor Services.
THE SITE AND ANY ADVISOR SERVICES OR GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. Seek2Speak AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, ADVISOR SERVICES AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
In addition, Seek2Speak makes no representation or warranty that the operation of the Site will be error free. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
9. Seek2Speak's liability for your access to and use of the Site and Advisor Services is limited and you are responsible for your use of the Site.
UNDER NO CIRCUMSTANCES WILL Seek2Speak OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE OR ADVISOR SERVICES, WHETHER OR NOT Seek2Speak HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Seek2Speak WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY Seek2Speak, AND ITS EMPLOYEES, SUBSIDIARIES, AGENTS AND REPRESENTATIVES, FROM AND AGAINST ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SITE OR PROVISION OF ADVISOR SERVICES, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORSEEABLE, DISCLOSED AND UNDISCLOSED.
10. Seek2Speak prohibits the unauthorized use of copyrighted materials.
YOU SHALL NOT USE THE SITE OR ITS ADVISOR SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS.
11. Links to Other Websites.
The Site may provide links to websites other than Seek2Speak. Such links are provided for reference only, and Seek2Speak neither controls such websites nor endorses any of the material on any such websites or any association with their operators.
12. No Assignment.
You shall not assign this Member Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Seek2Speak. Any such purported assignment or delegation by you without the appropriate prior written consent of Seek2Speak will be null and void and of no force or effect, unless otherwise expressly consented to by Seek2Speak at its sole and absolute discretion. Seek2Speak may assign this Agreement or any rights hereunder without your consent.
13. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Member Agreement each party shall be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Click4Advisor Advisor Agreement. Please click
HERE to view.
Click4Advisor User Agreement Please click
HERE to view.
