The following agreement (this "Agreement") describes the terms on which
the owners and operators of SpeechEase.com ("Ease Tech LLC") offers you
access to SpeechEase.com, notifications, and other online products
and services (collectively, the "Services"). By accessing or using the
Services, you agree to be bound by this Agreement. If you do not agree to
this Agreement, you may not access or use the Services.
Ease Tech LLC may amend this Agreement from time to time. The revised
Agreement will be posted at https://www.SpeechEase.com/site/terms-of-use.
If the revisions, in the sole opinion of Ease Tech LLC, are material,
Ease Tech LLC may also notify you via email. By continuing to access
or use the Services, you agree to the revised Agreement. If you do not
agree to the revised Agreement, you must stop accessing and using the Services.
"SpeechEase" is the speech/debate/forensics/drama tournament management service
offered by SpeechEase.com, including access to the websites and services available
from the domain and subdomains of https://SpeechEase.com (the "Websites").
"User" is any person or persons accessing SpeechEase.
"Tournament Manager" is the person or persons that have created a tournament
"Invited Entities" are the schools, organizations, or individuals that are invited
to attend a tournament by the Tournament Manager.
"Attending Entities" are the schools, organizations, or individuals that will
attend a tournament that is being managed by the Tournament Manager.
"Other Users" are the schools, organizations, or individuals that access SpeechEase,
but are not directly invited to a tournament. These entities may include, but are not limited
to, students, parents, coaches, and the general public that access the Websites to view information.
"Ease Tech LLC Staff" are the persons that are employed or contracted by Ease Tech LLC to provide
tournament management services to Tournament Managers, Invited Entities, Attending Entities,
and Other Users.
"During the Tournament" refers to the period of time that is 1 hour prior to the
start of the first round of the tournament to 3 hours after the start of the last round
of the tournament. In the case of multi-day tournaments, "During the Tournament" refers
to the period of time each day that is 1 hour prior to the start of the first round of the day
to 3 hours after the start of the last round of the day, excluding the longer of the time
periods in which no rounds are active or from 12 AM CT to 5 AM CT.
THE SERVICES AND CONTENT OF EASE TECH LLC
1.1 You acknowledge that Ease Tech LLC is a service provider that may allow
Tournament Managers, Invited Entities, and Attending Entities to interact
online regarding topics and content chosen by users of the service, and that
users can alter the service environment on a real-time basis. Ease Tech LLC
does not regulate the content of communications between Users or Users'
interactions with the Service.
1.2 You acknowledge that Users are allowed to communicate
with Invited Entities via email, text message, or the like, sent via SpeechEase Services.
Opt-out of communications is available on the My Preferences page of the Websites or by contacting support AT
1.3 Fees paid to Ease Tech LLC are for the services that
Ease Tech LLC Staff provide. Tournament Fees are determined by the number of competitors attending
a tournament. Additional fees may apply for video conferencing capabilities (charged on a per-user, per-hour
basis), on-site support, or custom programming. Tournament Fees provide the Tournament Manager with a
non-exclusive, limited, revocable license to create one tournament on SpeechEase.com.
No software or other tangible or intangible property is exchanged in return for fees paid to Ease Tech LLC.
1.4 SpeechEase Services are subject to scheduled and unscheduled service interruptions.
1.4.1 Ease Tech LLC utilizes server infrastructure in at least three geographic locations to host
its Websites. Websites will be available for a minimum of 99% of the time During the Tournament.
Ease Tech LLC is not responsible for downtime caused by third-party vendors, used for services such as
email and SMS text delivery. In the event that Websites are unavailable for less than
99% of the total duration During the Tournament, Tournament Managers may request a refund of fees
equaling 5% of total fees for each 15 minutes of downtime, to a maximum of 50%.
1.4.2 Ease Tech LLC reserves the right to interrupt Services with or without
prior notice for any reason at any time, excluding the time During the Tournament.
You agree that Ease Tech LLC will not be liable for any interruption of the Services,
delay or failure to perform during this time.
1.4.3 Ease Tech LLC has the right at any time for any reason to change or eliminate
any aspect(s) of the Services as it sees fit in its sole discretion.
1.4.4 Ease Tech LLC will not assist with troubleshooting connectivity to its Websites
if the Websites can be accessed by an independent third-party.
On-call technical support resources from the venue hosting the tournament is recommended
for tournaments with high attendance or tournaments using electronic ballots or video conferencing, and
will not be provided, compensated, or reimbursed by Ease Tech LLC.
1.4.5 Ease Tech LLC assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, User communications.
Ease Tech LLC is not responsible for any technical malfunction or other problems of
any telephone network or service, computer systems, servers or providers, computer
or mobile phone equipment, software, failure of email on account of technical problems
or traffic congestion on the Internet or at any Websites or combination thereof, including
injury or damage to User's or to any other person's computer, mobile phone, or other
hardware or software, related to or resulting from using or downloading materials in
connection with the Web and/or in connection with the Service, including any Mobile
Client software. UNDER NO CIRCUMSTANCES WILL EASE TECH LLC BE RESPONSIBLE FOR ANY LOSS
OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY CONTENT OR PERSONAL INJURY OR DEATH,
RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT, SOFTWARE OR CONTENT POSTED
ON OR THROUGH THE SERVICES OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS
OF THE SERVICES, WHETHER ONLINE OR OFFLINE, EXCLUDING THE EXTENT, IF ANY, THE LOSS OR DAMAGE IS
ATTRIBUTABLE TO THE GROSS NEGLIGENCE OF EASE TECH LLC.
1.5 Tournament Managers agree to the posted fees for any tournament using SpeechEase Services.
Payment must be received by the invoice due date. If payment is not received within 30
days of invoice due date, Ease Tech LLC reserves the right to collect an interest charge on
the invoice balance at a rate of 1.5% per month or the maximum permitted by law, whichever
is less. In the event Ease Tech LLC initiates collection action for outstanding balances,
Ease Tech LLC will be reimbursed for such collection fees.
1.6 In the event of a tournament cancellation, Ease Tech LLC will charge a prorated fee,
determined by the features of SpeechEase that were actually utilized prior to the
ACCOUNT REGISTRATION AND REQUIREMENTS
2.1 You must establish an account with SpeechEase.com (your "Account") to use
the Services, except for those portions of the Websites to which Ease Tech LLC
allows access without registration. You agree to provide true, accurate,
current and complete information about yourself, your organization, and your students.
Ease Tech LLC reserves all rights to pursue legal action against all
persons who misrepresent information or are otherwise untruthful about their
identity or affiliation with organizations, and to suspend or cancel Accounts
registered with inaccurate or incomplete information. Notwithstanding the foregoing,
you acknowledge that Ease Tech LLC cannot guarantee the accuracy of any information
submitted by any user of the Services, nor any identity information about any user.
2.2 You must be 13 years of age or older to access SpeechEase Websites or register for an account.
Users who are minors in the jurisdiction in which they reside must have the permission of
their parent or guardian to use SpeechEase Services. If you are a minor, your parent or guardian
must read and agree to this Agreement prior to you using SpeechEase Services.
2.3 You must be affiliated with a school or organization that manages or
participates in tournaments that use or may use SpeechEase Services.
2.4 You must provide accurate information about your school or organization,
contestants, and any other information provided.
2.5 Ease Tech LLC may suspend or terminate your account at any time, without
refund or obligation to you.
2.6 You are responsible for your own Internet access. Ease Tech LLC does not provide
Internet access, and you are responsible for all fees associated with your Internet connection.
2.7 You agree to comply with all applicable laws, respect the rights of others, to not abuse or
harm yourself or others, and to not abuse, harm, interfere with, or disrupt the Services.
LICENSE TERMS AND OTHER INTELLECTUAL PROPERTY TERMS
3.1 You have a non-exclusive, limited, revocable license to use SpeechEase Services
while you are in compliance with the Agreement.
3.1.1 Subject to the terms of this Agreement, Ease Tech LLC grants to you a
non-exclusive, limited, fully revocable license to use the Services during the
time you are in full compliance with the Agreement. Nothing in this Agreement,
or on SpeechEase.com, shall be construed as granting you any other rights
or privileges of any kind with respect to the Services or to any Content. You
acknowledge that your participation in the Services, including your creation or
uploading of Content in the Services, does not make you a Ease Tech LLC Staff member
and that you do not expect to be, and will not be, compensated by Ease Tech LLC for
3.2 In exchange for Ease Tech LLC enabling your contribution of Content, when you
contribute Content, you expressly grant to Ease Tech LLC a non-exclusive, perpetual,
royalty-free, worldwide, complete and irrevocable right to quote, re-post, use, reproduce, modify,
create derivative works from, syndicate, license, print, sublicense, distribute,
transmit, broadcast, and otherwise communicate, and publicly display and perform
the Content, or any portion thereof, in any manner or form and in any medium or forum,
whether now known or hereafter devised, without notice, payment or attribution of
any kind to you or any third party. You grant Ease Tech LLC all licenses, consents and
clearances to enable Ease Tech LLC to use such Content for such purposes. You waive,
and agree not to assert any moral or similar rights you may have in such Content.
3.2.1 You further understand and agree that: (i) you are solely responsible for
understanding all copyright, patent, trademark, trade secret and other intellectual
property or other laws that may apply to your Content hereunder; (ii) you are
solely responsible for, and Ease Tech LLC will have no liability in connection with,
the legal consequences of any actions or failures to act on your part while using
the Services, including without limitation, any legal consequences relating to
intellectual property rights; and (iii) Ease Tech LLC's acknowledgement hereunder of
your intellectual property rights in your Content does not constitute a legal opinion
or legal advice, but is intended solely as an expression of Ease Tech LLC's intention
to require users of the Services to comply by the terms of this Agreement.
3.3 Ease Tech LLC retains ownership of the account and related data.
3.3.1 You agree that you do not own the account you use to access the Services,
nor do you own any data Ease Tech LLC stores on its servers, excluding Content
pursuant to Section 3.2.
RELEASES, DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY, AND INDEMNITY
4.1 All data on Ease Tech LLC servers are subject to deletion, alteration or transfer.
4.1.1 When using the Services, you may accumulate Content or other value or status
indicators that reside as data on Ease Tech LLC servers. THESE DATA, AND ANY OTHER DATA,
ACCOUNT HISTORY AND ACCOUNT NAMES RESIDING ON EASE TECH LLC SERVERS, MAY BE DELETED,
ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN EASE TECH LLC'S SOLE DISCRETION.
4.1.2 YOU ACKNOWLEDGE THAT, NOTWITHSTANDING ANY COPYRIGHT OR OTHER RIGHTS YOU MAY
HAVE WITH RESPECT TO ITEMS YOU CREATE USING THE SERVICE, AND NOTWITHSTANDING ANY
VALUE ATTRIBUTED TO SUCH CONTENT OR OTHER DATA BY YOU OR ANY THIRD PARTY, EASE TECH LLC
DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS (SUBJECT TO ANY UNDERLYING
INTELLECTUAL PROPERTY RIGHTS IN THE CONTENT), ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED
TO ANY DATA RESIDING ON EASE TECH LLC SERVERS.
4.1.3 YOU UNDERSTAND AND AGREE THAT EASE TECH LLC HAS THE RIGHT, BUT NOT THE OBLIGATION,
TO REMOVE ANY CONTENT (INCLUDING YOUR CONTENT) IN WHOLE OR IN PART AT ANY TIME FOR ANY
REASON OR NO REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND.
4.2 Ease Tech LLC provides the Services on an "as is" basis, without express or implied warranties.
4.2.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE
RISK. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING
4.3 Ease Tech LLC's liability to you is expressly limited, to the extent allowable under applicable law.
4.3.1 IN NO EVENT WILL EASE TECH LLC OR ITS SHAREHOLDERS, PARTNERS, AFFILIATES, DIRECTORS,
OFFICERS, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES, DISTRIBUTORS OR CONTENT
PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA
ARISING FROM YOUR USE OF THE SERVICE, EVEN IF EASE TECH LLC IS AWARE OR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, EASE TECH LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
SPEECHEASE FOR THE SERVICE WITHIN THE LAST SIX (6) MONTHS, BUT IN NO CASE WILL
EASE TECH LLC'S LIABILITY TO YOU EXCEED
$100 (100 U.S. dollars). YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO EASE TECH LLC FOR THE
SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY
LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM EASE TECH LLC, REGARDLESS OF THE
CAUSE OF ACTION.
4.3.2 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Nothing contained in this Agreement limits Ease Tech LLC's liability to you in the event of death
or personal injury resulting from Ease Tech LLC's gross negligence.
4.4 You will defend, indemnify and hold harmless Ease Tech LLC, its shareholders, partners, affiliates,
directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors,
and customers from any liability, damage or cost (including reasonable attorneys' fees and
cost) from (i) any claim or demand made by any third party due to or arising out of your
use of the Services, violation of the Agreement by you, from loss of Content due to
your actions, or the infringement by you, or any third party using your account, of any
intellectual property or other right of any person or entity. Ease Tech LLC reserves the
right to control the defense on any matter for which you are required to indemnify us,
and you agree to cooperate with our defense of these claims.
4.5 Ease Tech LLC is not responsible for message, data charges, or the like to receive text
messages or other like messages from the Services.
4.6 The Agreement is governed by and shall be construed in accordance with the laws of the
State of Illinois. Any disputes will be resolved exclusively in the federal or state courts of McLean
County, Illinois and you and Ease Tech LLC consent to personal jurisdiction in those courts.
5.1 Ease Tech LLC responds to notices of alleged copyright infringement that comply with
applicable international intellectual property law (including, in the United States, the
Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
Requests and notices should be sent to [email protected]
5.2 Requests and notices should include the following:
5.2.1 The name, address, and electronic signature of the complaining party
5.2.2 The infringing materials and their Internet location, or the reference or link
to the infringing materials.
5.2.3 Sufficient information to identify the copyrighted works.
5.2.4 A statement by the owner that it has a good faith belief that there is no legal
basis for the use of the materials complained of.
5.2.5 A statement of the accuracy of the notice and, under penalty of perjury, that the
complaining party is authorized to act on the behalf of the owner.