PLEASE READ CAREFULLY: THIS TERMS OF SERVICE (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU”), AND SPEED EQUITY®, A WASHINGTON STATE LIMITED LIABILITY COMPANY (“SPEED EQUITY®”), MADE TO BE EFFECTIVE AS OF THE DATE ACCEPTED BY SPEED EQUITY® (THE “EFFECTIVE DATE”) FOLLOWING YOUR EXECUTION AND SUBMISSION OF THIS AGREEMENT BY CLICKING THE “SUBMIT” BOX ON THIS WEBSITE.
USE OF THE SERVICE IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND SPEED EQUITY®’S PRIVACY AND SECURITY POLICIES, WHICH MAY BE VIEWED AT HTTP://WWW.SPEEDEQUITY.COM.
IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS.
BY CLICKING THE “SUBMIT” BUTTON DISPLAYED AS PART OF THE ORDERING PROCESS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”) AND REPRESENT AND WARRANT THAT YOU CAN LEGALLY ENTER INTO THIS AGREEMENT AND SATISFY ALL OF THE REQUIREMENTS CONTAINED HEREIN. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY DECLINE BY NOT CLICKING THE “SUBMIT” BUTTON AND MAY NOT USE THE SERVICE.
SPEED EQUITY® provides web based personal financial planning products and services based on a distinctive style of accelerated mortgage/debt reduction strategy to help individuals realize certain monetary savings associated with their institutional and non-institutional debts such as mortgages, debts, loans and or other financial obligations and similar programs, thereby reducing the terms of their debts, saving them interest and increasing cash flow, assisting in debt and financial management and helping initiate a plan of systematically becoming mortgage and debt free known as the SPEED EQUITY® Mortgage Acceleration System (the “SERVICE”). You desire to obtain access to the Service, pursuant to the terms and conditions of this Agreement.
2.Privacy & Security; Disclosure
You agree to abide by SPEED EQUITY®’s privacy and security policies, which are incorporated by reference and are a part of this Agreement. When you initially log in to the Service, you may be asked to register for our Newsletter that may include marketing and other non-critical Service-related communications from SPEED EQUITY® and/or its affiliates or partners from time to time. You may opt out of receiving such communications at that time or at any subsequent time thereafter by selecting the Opt Out feature. You acknowledge that because the Service is a hosted, online application, SPEED EQUITY® occasionally may need to notify you (whether or not you have opted out as described above) of important announcements regarding the operation of the Service. You acknowledge that SPEED EQUITY® may host the Service using its own infrastructure or, may engage third parties to host the Service on its behalf. SPEED EQUITY® may provide updates to the Service in SPEED EQUITY®’s discretion at no charge to you, and system or emergency maintenance may take place from time to time. During such times, the Service may be unavailable.
3.License Grant & Refund Policy
Subject to the terms and conditions of this Agreement including without limitation the restrictions set forth below, SPEED EQUITY® hereby grants you a non-exclusive, non-transferable right to use the Service, solely for your own personal use. All rights not expressly granted to you are reserved by SPEED EQUITY® and its licensors. If you have a FREE or Discounted SPEED EQUITY® Software subscription you MUST LOGIN once every 30-days to the Member’s Area in order to maintain your Software subscription. For refund policies regarding TRIAL or Subscriptions using PROMO CODE click here
- Member Conduct and Restrictions – NON COMPETE
You may not access the Service if you are a direct competitor of SPEED EQUITY®, except with SPEED EQUITY®’s prior written consent following your disclosure to SPEED EQUITY® of your status as a competitor. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content (defined below) in any way or use it in a service bureau or any other manner to provide services to a third party; (ii) copy, translate, modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; (iv) reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code of the Service including without limitation in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service; or (v) remove, obscure, or alter any copyright notice, trademarks, logos and trade names, or other proprietary rights notices affixed to, or contained within the Service.
You further agree to NOT use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in each case as determined by SPEED EQUITY®);
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a SPEED EQUITY® official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses or any other computer code, scripts, agents, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service (each, a “User”) are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Service or servers or networks connected to the Service, disobey any requirements, procedures, policies or regulations of networks connected to the Service, or use the Service for any fraudulent purpose;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another person or User;
- provide false identity information to gain access to or use the Service;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
- attempt to gain unauthorized access to the Service or its related systems or networks; and/or
- collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SPEED EQUITY® and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the Content or other materials provided on the Service, in whole or in part, is strictly prohibited.
- Your Responsibilities
You are responsible for all activity occurring under your User account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall protect the confidentiality of all User account information, including your user name and passwords, and shall be solely responsible for exiting or logging off of the Service. You shall: (i) notify SPEED EQUITY® immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to SPEED EQUITY® immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you to infringe another party’s rights.
- Intellectual Property Ownership
SPEED EQUITY® alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Content and the Service, any modifications, improvements, upgrades, derivative works related thereto, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating thereto. You agree to assign any right, title, and interest it may have in the foregoing to SPEED EQUITY®. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Content, or any intellectual property rights related thereto. The SPEED EQUITY® name, the SPEED EQUITY® logo, and the product names associated with the Service are trademarks of SPEED EQUITY® or third parties, and no right or license is granted hereby to use them.
- Content, Account Information and Data
SPEED EQUITY® does not claim any ownership rights in the text, files, images, links, works of authorship, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you post to the Service (collectively, “User Content”). After such User Content is posted to the Service, you continue to retain all ownership rights in such User Content. By posting or having posted any User Content on or through the Service, you hereby grant to SPEED EQUITY® a perpetual, non-exclusive, fully-paid, royalty-free, fully sub-licensable, transferable, irrevocable worldwide license to use, modify, publicly perform, publicly display, reproduce, exploit and distribute such User Content (in whole or in part). You represent and warrant that: (i) you own the User Content or otherwise have the right to grant the license set forth in this section, and (ii) the posting of the User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted to or through the Service.
The Service contains content of SPEED EQUITY® or our licensors (“SPEED EQUITY® Content”). (“SPEED EQUITY® Content” and “User Content” is collectively referred to as the “Content”). SPEED EQUITY® Content is protected by copyright, trademark, and other laws, and SPEED EQUITY® (or our licensors) owns and retains all rights in SPEED EQUITY® Content. SPEED EQUITY® does not control all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of the Content. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SPEED EQUITY® or submitted to SPEED EQUITY®, including without limitation information in SPEED EQUITY® Community and in all other parts of the Service. Under no circumstances will SPEED EQUITY® be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service (“Prohibited Content”). SPEED EQUITY® reserves the right to investigate and take appropriate legal action against anyone who, in SPEED EQUITY®’s sole discretion, violates this provision. Without liability of any kind, SPEED EQUITY® may reject, refuse to post, or delete any User Content that in the sole judgment of SPEED EQUITY® violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SPEED EQUITY®; is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music, video, photos or links to pirated files; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or includes a photograph of another person that you have posted without that person’s consent.
You acknowledge that SPEED EQUITY® may or may not pre-screen Content, but that SPEED EQUITY® and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, SPEED EQUITY® and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. Despite prohibitions contained in SPEED EQUITY®’s Terms of Service, content provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we expressly disclaim any responsibility or liability for this material. You understand that by using the Service, you may be exposed to such Content. If you become aware of misuse of the Services by any person, you shall contact SPEED EQUITY® at support[at]SPEED EQUITY®-dot-com, describe such abuse and reference Service Abuse in the subject line.
You acknowledge, consent and agree that SPEED EQUITY® may access, preserve and disclose your account information and User Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of SPEED EQUITY®, its users and the public, or (f) comply with your requests, e.g. in connection with your engagement of a third party financial advisor or other third party through the Service.
SPEED EQUITY® does not own any data that you submit to the Service in the course of using the Service (“User Data”). You accept sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all User Data, and SPEED EQUITY® shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any User Data in connection with your use of or access to the Service. You grant and agree to grant to SPEED EQUITY® a perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive license to use the User Data (a) in order to provide the Service to Client; (b) for statistical use (provided that such data is not personally identifiable); and (c) as necessary to monitor and improve the Service.
You understand that the technical processing and transmission of the Service, including your User Content and User Data, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity (and any terms, conditions, warranties or representations associated with such activity), is solely between you and the applicable third-party. SPEED EQUITY® and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party, including without limitation any financial advisor. SPEED EQUITY® does not endorse any financial or real estate professionals or other third party or any sites on the Internet that are linked through the Service unless stated otherwise. SPEED EQUITY® provides links and access to financial and real estate professionals to you only as a matter of convenience, and in no event shall SPEED EQUITY® or its licensors be responsible for any advice, content, products, or other materials on or available from such professionals or sites. You recognize that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
- Termination and Expiration
This Agreement commences on the Effective Date. The initial term is one year. Upon the expiration of the initial term, this Agreement will automatically renew for successive renewal terms equal in duration to the initial term (or one year, if the initial term is greater than one year upon payment of your subscription fee). SPEED EQUITY® may terminate this Agreement at any time for its convenience. In addition, either party may terminate this Agreement, effective only upon the expiration of the then current term, by notifying the other party in writing at least five (5) business days prior to the date of the expiration of the then current term.
SPEED EQUITY® reserves the right to withhold, remove and/or discard User Data without notice for any breach. Upon termination for cause, your right to access or use User Data immediately ceases, and SPEED EQUITY® shall have no obligation to maintain or forward any User Data. You agree and acknowledge that SPEED EQUITY® has no obligation to retain the User Data, and may delete such User Data, more than 30-days after termination.
- Termination for Cause
Upon any breach of your obligations hereunder or unauthorized use of Content or the Service, SPEED EQUITY®, in its sole discretion, may terminate your password, account, and use of the Service. You agree and acknowledge that in such case, SPEED EQUITY® has no obligation to retain the User Data, and may delete such User Data.
- Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service.
You shall indemnify and hold SPEED EQUITY®, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of the User Data and/or User Content infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties or unauthorized use of the Service; or (iii) a claim arising from the breach by you of this Agreement.
You acknowledge that the Service, the terms of this Agreement, and any other proprietary or confidential information provided to you by SPEED EQUITY® (“SPEED EQUITY® Confidential Information”) constitutes valuable proprietary information and trade secrets of SPEED EQUITY®. You agree to preserve the confidential nature of the SPEED EQUITY® Confidential Information by retaining and using it in trust and confidence, solely for your personal use and subject to the terms hereof, and by using the same degree of protection that you use to protect your own confidential information, but in no event less than reasonable care. SPEED EQUITY® shall have the right to obtain an injunction (without having to post a bond or prove actual damages) to prevent any breach or continued breach of this section. You agree to promptly report any breaches of this section to SPEED EQUITY®.
- Disclaimer of Warranties
SPEED EQUITY® AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. SPEED EQUITY® AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SPEED EQUITY® AND ITS LICENSORS.
- Internet Delays and Force Majeure
SPEED EQUITY®’S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SPEED EQUITY® IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. Neither party shall be in default for failing to perform any obligation hereunder if such failure is caused solely by supervening conditions beyond the parties’ respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, failure of the public Internet, power outages, labor disputes or governmental demands or restrictions.
- Limitation of Liability
IN NO EVENT SHALL SPEED EQUITY®’S AGGREGATE LIABILITY EXCEED $100. IN NO EVENT SHALL SPEED EQUITY® AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF SPEED EQUITY® OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The disclaimers and limitations of liability set forth in this Agreement shall apply irrespective of any failure of essential purpose of any limited remedy. You and SPEED EQUITY® each acknowledge and agree that the limitations of liability provisions of this section reflect an informed, voluntary allocation between them of the risk associated with your use of the Service. In the absence of these provisions, SPEED EQUITY® would not have made the Service available for such a discount price.
- Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
- Local Laws and Export Control
The Service uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. No software may be downloaded from the Service and the Service may not be otherwise used, exported or re-exported by you in violation of U.S. export laws.
Software contained within the Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
SPEED EQUITY® and its licensors make no representation that the Service is appropriate or available for use in locations other than the United States. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited.
SPEED EQUITY® may give notice by means of a general notice on the Service via electronic mail to your e-mail address on record in SPEED EQUITY®’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in SPEED EQUITY®’s account information. Such notice shall be deemed to have been given upon the expiration of 48-hours after mailing or posting (if sent by first class mail or pre-paid post) or 12-hours after sending (if sent by email). You may give notice to SPEED EQUITY® (such notice shall be deemed given when received by SPEED EQUITY®) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to SPEED EQUITY® at the following addresses: SPEED EQUITY®, LLC. 1319 Starlite Ct, SE Lacey, WA, 98503, addressed to the attention of: Chief Financial Officer.
- Modification to Terms
SPEED EQUITY® reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service (including its privacy and security policies) at any time, effective upon posting of an updated version of this Agreement and/or the applicable policy on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes and agreement to be bound.
- Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of SPEED EQUITY® but may be assigned without your consent by SPEED EQUITY®. Any purported assignment in violation of this section shall be void.
This Agreement shall be governed by Washington law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Olympia, Washington. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and SPEED EQUITY® as a result of this agreement or use of the Service. The failure of SPEED EQUITY® to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SPEED EQUITY® in writing. This Agreement comprises the entire agreement between you and SPEED EQUITY® and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to Support[at]SpeedEquity.com or to the following address:
SPEED EQUITY®, LLC.
1319 Starlite Ct, SE
Lacey, WA 98503