Terms of use

The following Terms of Use govern your access and use of this Web Site. Also, separate set(s) of specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms are separate from, and in addition to, these Terms of Use. Where and only to the extent expressly specified, such separate terms and conditions may supersede these Terms of Use with respect to the subject matter of such separate terms and conditions.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these terms, you should NOT access or use this Web Site, or any of the Content, products and services made available and/or accessible through the Web Site.

2. Modification of Terms

These Terms of Use may be amended by SPS at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other SPS web sites, products and services may have their own terms of use which apply to such web sites, products and services.

SPS reserves the right to discontinue or make changes or updates with respect to the Web Site, the Content of the Web Site or any products or services available or accessible through the Web Site at any time, without notice. SPS reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with SPS' Privacy Policy as posted on this Web Site.

4. Disclaimers

THIS WEB SITE, AND ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE". SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM TO EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ERROR-FREE OPERATION, OR OTHERWISE. Neither SPS nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.

SPS and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by SPS are free from viruses or any other harmful elements.

5. Limitation of Liability

IN NO EVENT SHALL SPS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SPS'S LIABILITY EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO SPS BY YOU, IF ANY. NO ACTION REGARDLESS OF FORM, ARISING OUT OF THE TRANSACTIONS UNDER THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

The disclaimer of warranties and limitations set forth in Sections 4 and 5 above constitute an essential part of this Agreement. No use of the Web Site, or any information provided on the Web Site, is authorized hereunder except under these disclaimers and limitations. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING CONTAINED IN THESE TERMS OF USE SHALL LIMIT OR EXCLUDE OR PURPORT TO LIMIT OR EXCLUDE ANY LIABILITY WHERE SUCH LIMITATION OR EXCLUSION IS VOID OR UNENFORCEABLE OR OTHERWISE NOT PERMITTED UNDER APPLICABLE LAW. WARRANTIES ON PRODUCTS, SERVICES, AND SOFTWARE AVAILABLE THROUGH THE WEB SITE, IF ANY, ARE STRICTLY LIMITED AND GOVERNED BY THE EXPRESS AND LIMITED WARRANTIES, TERMS AND CONDITIONS AS SET FORTH IN TERMS OF USE, TERMS OF SALE, LICENSE AND/OR SUBSCRIPTION AGREEMENTS, AS APPLICABLE. NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH PRODUCTS, SERVICES AND SOFTWARE ARE MADE BY SPS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS UNDER THESE TERMS OF USE AND ANY SUCH REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, UNDER THESE TERMS OF USE ARE HEREBY EXPRESSLY DISCLAIMED.

6. Registration

Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a user. This registration is free of charge.

When you register, you must choose a unique user name and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. If you provide any information that is untrue, inaccurate, no current or incomplete, or in the event that delivery of the confirmation e-mail fails for any reason, your access or use of areas, functions or features requiring such registration may be inoperable, suspended, refused or terminated. Should your personal data that you provided during registration change, you have to promptly update your personal data to keep registration accurate and current. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us by email to live.support(at)speech.com immediately.

You can at any time request via email to live.support@speech.com, that we delete your registration, unless your registration data are still required for the fulfilment of existing contracts. In such case we will delete the personal data that you provided to us during registration as soon as the data are not needed any more. You acknowledge and agree that your request to delete registration data shall also mean a request to delete your registered account and thus your access to corresponding services, software, products and associated data, including without limitation data that you generate or create, shall also be terminated.

7. Third Party Content

SPS is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

8. SPS and Third Party Software, Services and Products

Any products, services, and software made available from or through this Web Site is sold, provided and/or licensed subject to the terms of any applicable license agreement, subscription agreement, terms of use and/or terms of sale (each a “Specific Agreement”). Except as set forth in the applicable Specific Agreement, products, services and software made available from or through this Web Site are made available for use by end users only and any further copying, reproduction or redistribution of such product, service, or software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH PRODUCT, SOFTWARE, OR SERVICE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE SPECIFIC AGREEMENT. SPS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE PRODUTS, SERVICES AND SOFTWARE.

9. Copyright and Trademarks

Copyright and all other proprietary rights in Content provided by SPS, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to SPS and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.

Philips is a registered trademark of Koninklijke Philips N.V.

10. Indemnification and Release

You agree to indemnify and hold harmless SPS, its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, SPS reserves the right to reveal your identity and any other information SPS may have about you.

If you have a dispute with one or more users, you release SPS, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. Shut-Down of Site

We have the sole right to modify, change, remove, or shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.

12. SPS Products

The Web Site may contain references to specific SPS products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local SPS business contact for further information.

13. Applicable Law and Jurisdiction

This License Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods. The parties agree and acknowledge that any action or proceeding arising out of or relating to this Agreement or the subject matter hereof shall be brought in the State or Superior Courts of Fulton County, Georgia or in the United States District Court for the Northern District of Georgia and each party hereby irrevocably submits to the jurisdiction of those courts.

14. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions shall be enforced.

Last Update: 01/10/2020