Terms of Use
September 30, 2009

Welcome to eezee-speek.com!

1. DESCRIPTION OF SERVICE AND ACCEPTANCE
EEZEE SPEEK Academy LLC ("Academy," "we" or "us") provides an internet training service that includes, text, graphic, video and audio content (collectively, "Content") available on the eezee-speek.com website (the "Academy Site"), and any other features, tools, applications, materials or other services offered from time to time by Academy in connection with its business are referred to collectively as the "Academy Services." We are a company based in the United States.

It is our pleasure to provide the Academy Services for your personal and professional learning and entertainment. In order for all of our users to enjoy the Academy Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the Academy Site (whether or not you are a registered member) or using any of the Academy Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at support@eezee-speek.com (subject line: "TOU Question").

2. CHANGES TO THE TERMS OF USE BY THE Academy
The Academy may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Academy Site at http://www.eezee-speek.com/public/73.cfm. Any visit to the Academy Site or use of the Academy Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.

3. ACCESS AND USE OF THE Academy SERVICES
You must be at least 13 years of age to visit the Academy Site or use the Academy Services.

Your License. Academy is pleased to grant you a limited license to access and make personal, non-commercial use of the Academy Services. Academy owns and retains all rights to the Academy Services. Please remember that the Content provided to users as part of the Academy Services is owned by EEZEE SPEEK® Academy. The Academy Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.

The Content. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained the prior written consent of Academy. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials and still images. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including publications, articles, charts, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards and merchandise. This prohibition applies even if you intend to give away the derivative materials.

Your Responsibilities. In order for us to keep the Academy Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the Academy Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the Academy Services in a way that:

1. violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. uses technology or other means to access the Academy Services that is not authorized by Academy (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the Academy Services);
3. accesses the Academy Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices -- but not caches or archives -- of the Academy Services);
4. attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. attempts to damage, disable, overburden, impair, or gain unauthorized access to the Academy servers, computer network, or user accounts;
6. attempts to collect personally identifiable information in violation of Academy's Privacy Policy;
7. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
8. violates these Terms, guidelines or any policy posted on the Academy Site; or
9. interferes with any other party's use and enjoyment of the Academy Services.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Academy Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Academy Services, you acknowledge that you will have caused substantial harm to Academy and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Academy $50 for each such unsolicited communication you send through the Academy Services.

Downloads. Downloadable files are available to site members on an AS-IS basis and are subject to the terms and conditions of the DOWNLOAD AGREEMENT and is included here by reference.

Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue -- temporarily or permanently -- some or all of the Academy Services, at any time without notice. It is important that you understand that Academy will not be liable to you for any modification, suspension or discontinuance of the Academy Services.

4. PAYMENTS
Access to the Academy Site and use of the Academy Services is a fee-paid, subscription-only website. Additional Site services and products are available for the amount specified and the conditions specified. You are responsible for any costs you incur to access the internet.

5. ACCOUNTS AND REGISTRATION
In order to use the site you must register. All registration information must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at support@eezee-speek.com (subject line: "Account Security Breach") as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account by emailing support@eezee-speek.com (subject line: "Account Termination Request"). Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the Academy Services at any time without notice, liability, or refund if Academy determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct.

6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about Academy's policies and practices regarding the collection and use of your personally identifiable information, please read the Academy's Privacy Policy located at http://www.eezee-speek.com/public/department12.cfm. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the Academy Site and use of the Academy Services on any of the Sites are governed by the Academy Privacy Policy in effect at the time of your use.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Academy Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments, suggestions or other materials (collectively, "User Material"). In order to keep the Academy Services enjoyable for all of our users, we ask you to adhere to the following rules.

Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Academy Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should THINK TWICE before you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Academy the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Academy will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that Academy does not guarantee any confidentiality with respect to any User Material.

Academy does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant Academy a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Academy Services worldwide, including but not limited to, advertising and promotional purposes, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the Academy Services.

For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to Academy is non-exclusive (meaning you are free to license your User Material to anyone else in addition to Academy), fully-paid and royalty-free (meaning that Academy is not required to pay you for the use of your User Material), and sublicensable (so that Academy is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the Academy Services). By Posting your User Material, you also hereby grant each user of the Academy Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Academy Services and under these Terms of Use.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. Academy does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Academy. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does Academy assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Academy with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Academy Services is not available for a specific instance of inappropriate User Material, please email support@eezee-speek.com (subject line: "Inappropriate User Material").

1. Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password.
   
   
2. Do not reprint, republish, repost, or otherwise distribute or transmit content, videos, audios, or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn't mean you own it or give it someone else. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability.
   Please do not violate our copyright.
   
   
3. No advertising, trading of goods or services, or other commercial use is allowed. No bulk e-mail, junk mail or spam, chain letters, or repeat postings of the same message is permitted anywhere on the forums.
   
   
4. Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
   
   
5. Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed.
   
   
6. Please avoid shouting (using all capital letters) in the discussion forums.
   
   
7. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forums. Do not libel or defame others.
   
   
8. When you post content in the discussion area, you permit this site to display and distribute the content, and to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
   
   We do not try to edit or to monitor messages posted on this site's forums, but the Academy reserves and has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not the Academy. Violators may be permanently banned from using the forums, or have their subscriptions terminated without refund or recourse.

8. LINKED WEBSITES AND ADVERTISING

Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that Academy operates, controls, or is otherwise connected with these websites. When you click on a link within the Academy Services, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website. Academy is not responsible for the content or practices of any other website, even if it links to the Academy Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Academy. By using the Academy Services, you acknowledge and agree that Academy is not responsible or liable to you for any content or other materials hosted and served from any third party website.

Advertisements. Academy takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Academy Services are between you and the advertiser, and you agree that Academy is not liable for any loss or claim that you may have against an advertiser.

9. TRADEMARKS AND COPYRIGHTS
EEZEE SPEEK, the EEZEE SPEEK LOGO, and PRONUNCIARY®, are registered marks owned by Howard D. Coffman. None of the Academy trademarks may be copied, downloaded or otherwise used without Academy's prior written consent. All editorial content, graphics, video and audio recordings on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of Howard D. Coffman who reserves and retains all rights.

10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE Academy SERVICES, YOU AGREE THAT USE OF THE Academy SERVICES IS AT YOUR OWN RISK. THE Academy SERVICES, INCLUDING THE Academy SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Academy DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE Academy SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.

IN NO EVENT SHALL Academy OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "Academy PARTIES), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE Academy SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE Academy PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE Academy PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE Academy SERVICES.

11. GUARANTEE AND REFUND POLICIES

eezee-speek.com. Because site visitors can use the web site free for 30-days and view over 100 sample pages and a Video Site Tour before they sign up, membership subscription fees are not refundable or transferable.

Product Guarantee and Refund Policy Books are sold with a 15-day Money Back Guarantee for the full price, less any banking and shipping fees paid. All refunds for multiple book orders are subject to a $25 Restocking Fee. Refunds will be processed after the returned books are received in resalable condition.

12. GENERAL INFORMATION

International Use. eezee-speek.com content is generally available worldwide. Books and the availability of on-site training services be limited to certain geographical markets.

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Academy Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

Choice of Law. This Terms of Use is governed by, and construed in accordance with, the laws of the State of California without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in Hillsborough County of the State of New Hampshire.

No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at support@eezee-speek.com support@eezee-speek.com (subject line: "TOU Violation"). Precisely how Academy responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon Academy's precise response in one situation as any indication of what Academy might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. Academy's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.

Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and Academy and governs your use of the Academy Services (but excluding any services, if any, that Academy may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Academy in relation to the Academy Services. It may not be amended or varied by you except in a writing signed by Academy. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if Academy acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the Academy Services!

13. CONTACT INFORMATION

EEZEE SPEEK Academy LLC
379 Amherst Street, PMB 210
Nashua, NH 03063 USA