PLEASE READ THIS TERMS OF SERVICE AGREEMENT AND THE REFERENCED POLICIES CAREFULLY. THESE DOCUMENTS AND YOUR PROGRAM RECEIPT GOVERN YOUR USE OF VOICE FIRST WORLD LLC’S WEBSITE, CONTENT, PRODUCTS, AND SERVICES AND CONTAIN PROVISIONS THAT AFFECT YOUR RIGHTS IN THE EVENT OF A DISPUTE.
1.1 Upon your selection, Voice First World looks forward to providing to you one of the following programs with its attendant services and products (the “Program”):
the Speak with Presence™ signature program, which includes personal and group coaching, recorded instructional presentations, written content, access to a private social media community, and exclusive products;
the Speak Now™ program, which includes personal and group coaching, recorded instructional presentations, written content, and access to a private social media community;
the Speak Up™ program, which includes unlimited access to recorded instructional presentations,
and Directing by Jen Vellenga™, which includes personal coaching.
1.2 The Program is solely for your personal and non-commercial use. Your purchase entitles you to a non-exclusive, non-transferable, revocable license for access to the Program’s services and products. You agree not to use the Program for commercial or public performances or to otherwise display, distribute, publish, perform, sell, transfer or create derivative content from any portion of the Program.
1.4 Website Access and Username and Password Security. In connection with your registration, you will be asked to create a username and password to access various features of your selected Program provided on Voice First World’s website. You may not use another person’s username and password, or provide another person with your username and password, to access any Program. You agree to immediately notify Voice First World of any unauthorized use of your username and password.
1.5 Termination. Voice First World may suspend or revoke your license to access the Program at any time and in its sole discretion upon written notice to you, which may be sent by electronic mail or regular mail. Upon notice of revocation, you must promptly destroy all Program content, and copies thereof, downloaded or otherwise obtained through the Program. Certain provisions of this Agreement, such as those concerning intellectual property rights, promotional and recorded material, warranty disclaimers, limitation of liability, and remedies, shall survive any suspension or revocation of your Program access.
1.6 Promotional and Recorded Material. You acknowledge and agree that Voice First World may reproduce or disseminate any testimonial describing or otherwise referring to your experience in the Program. This includes any written statements you may publish by way of social media accounts, online forums, and statements obtained or otherwise recorded during your participation in or continued access to the Program. Also, you convey to Voice First World the right to use, display, broadcast, and distribute your name, likeness, image, photograph, and voice obtained or recorded in connection with your participation in or continued access to the Program. You agree that Voice First World will be entitled to the unrestricted use of the material described in this section without acknowledgement or compensation to you.
2.1 User Content. During your participation in the Program, should you choose to post, display, or upload video, sound, images, photographs, information, text, messages or other material, you acknowledge that you are solely responsible for such content and represent that you own all right, title, and interest in such content. By sharing the content, you grant Voice First World a nonexclusive, royalty-free, transferable, irrevocable license for its use.
Voice First World does not pre-screen user content. You agree that Voice First World and its third-party service providers have the right, but not the responsibility, to remove any user content that may violate this Agreement or that they deem, in their sole discretion, to be otherwise objectionable.
2.2 Content Retention. Voice First World may establish and revise practices and limits concerning use of the Program, including the period of time that content and information will be retained or accessible.
Additionally, Voice First World reserves the right to modify or discontinue the Program, temporarily or permanently, with or without notice. You agree that Voice First World will not be liable to you for any such modification or discontinuance.
2.3 Mobile Access. The Program may include certain content or services that are accessible via a mobile device. To the extent you access the Program through a mobile device, you understand that you may incur wireless carrier charges, data charges, and other fees. In registering for the Program, you will be asked to provide your phone number. By providing your phone number, you consent to calls, SMS, MMS, or text messages at that number. In the event that you change or deactivate your phone number, you agree to promptly update your registration information to ensure that messages are not sent to the person that acquires your previous number.
2.4 Intellectual Property Rights. The Program contains content, features, products, and services, including but not limited to audio and visual presentations, written materials, written and visual instructions and techniques, as well as Voice First World’s logos and marks, that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. You agree not to copy, sell, lease, distribute, or create derivative works based on the Program or the content, features, products, and services comprising the Program.
3.1 Integration. This Agreement, together with any additional terms or policies incorporated by reference, represents the entire Agreement between you and Voice First World. This Agreement supersedes and replaces any prior proposal, representation, promise or understanding (whether oral or written) related to the Program.
3.2 Warranties Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, VOICE FIRST WORLD DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
3.3 Injunctive Relief. In the event of a breach or threatened breach by you of any of the provisions of this Agreement, you agree that Voice First World shall be entitled to obtain a temporary or permanent injunction, or such other equitable relief against such breach from any court of competent jurisdiction, without the need to show actual damages or show that monetary damages would not afford an adequate relief, and without the posting of any bond or other security. This relief shall be in addition to, not in place of, legal remedies, monetary damages, or other available relief.
3.4 Limitation of Liability. VOICE FIRST WORLD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO LOSS OF GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL VOICE FIRST WORLD’S LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO VOICE FIRST WORLD.
TO THE EXTENT THE EXCLUSION OF CERTAIN WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED, AND YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROGRAM OR WITH THIS AGREEMENT, YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PROGRAM.
3.5 Force Majeure. Neither party shall be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes (which are hereinafter referred to as “Force Majeure”), to the extent beyond the party’s reasonable control: acts of God, accidents, riots, war, terroristic act, epidemic, pandemic (including the Covid 19 pandemic), quarantine, civil commotion, breakdown of communication facilities or utilities, breakdown of Internet service, cyber-attack, malware, ransomware attacks, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion. With regard to epidemic and pandemic, the parties acknowledge that, while the current events related to the Covid-19 pandemic are known as of the effective date of this Agreement, future impacts of the outbreak are unforeseeable and shall be considered a Force Majeure event to the extent that it prevents the performance of a party’s obligations under this Agreement.
For the avoidance of doubt, Force Majeure shall not include (i) financial distress, (ii) changes in market prices or conditions, or (iii) a party’s financial inability to perform its obligations under this Agreement.
3.6 Governing Law and Jurisdiction. This Agreement and any disputes related to this Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflicts of laws principles. You agree that jurisdiction and venue shall lie exclusively in the state and federal courts of Kansas, located in Johnson County and consent to the personal and subject matter jurisdiction of such courts.
Any notices under this Agreement may be sent to Voice First World at firstname.lastname@example.org.
Effective Date: October 31, 2022