SpeakerDriveSpeakerDrive

Terms of Service

Last Updated: March 21, 2025

ACCEPTANCE OF TERMS

These Terms of Service ("Terms") constitute a legally binding agreement between you and Peak Performance Publishing, LLC ("Company," "we," "us," or "our") regarding your use of the SpeakerDrive platform and service (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

ELIGIBILITY

You must be at least 18 years old and able to form legally binding contracts to use our Service. By using our Service, you represent and warrant that you meet these requirements.

ACCOUNT REGISTRATION AND SECURITY

Account Creation

To use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

SERVICE DESCRIPTION

Platform Purpose

SpeakerDrive is a platform designed to connect speakers, trainers, consultants, and other professionals with speaking and consulting opportunities. We provide tools to discover leads, contact decision-makers, and manage outreach efforts.

No Employment Relationship

We do not employ speakers, nor do we act as an agent or representative. We simply provide a platform that enables connections between speakers and those seeking their services.

USER CONTENT

Ownership

Any content you submit to the Service ("User Content") remains your property. However, by uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing and promoting the Service.

Content Restrictions

You agree not to post User Content that:

  • Is false, misleading, or deceptive
  • Infringes upon any third party's intellectual property rights
  • Contains software viruses or any other code designed to harm computer systems
  • Violates any applicable law or regulation
  • Contains hate speech or promotes discrimination
  • Harasses, abuses, or threatens others

SERVICE USAGE AND LIMITATIONS

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

  • In any way that violates any applicable law or regulation
  • To impersonate any person or entity
  • To "stalk" or harass another person
  • To collect or store personal data about other users without their permission
  • To interfere with or disrupt the Service or servers or networks connected to the Service
  • To attempt to probe, scan, or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures
  • To scrape, spider, or otherwise attempt to gather data from the Service outside of published APIs or user interfaces
  • To reverse engineer or decompile any parts of the Service

Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Rate Limits and Fair Usage

The Service may impose rate limits on certain features. You agree not to circumvent these limits, and understand that exceeding them may result in temporary or permanent restriction of your account.

API and Third-Party Service Usage

When you authorize SpeakerDrive to connect with third-party services (such as Google services), you agree to comply with both these Terms and the terms of service of such third-party providers. We reserve the right to suspend or terminate your access to any third-party integration if we believe you are misusing such integration or violating any terms of service.

PAYMENT TERMS

Subscription Fees

Certain features of the Service may require payment of fees. All fees are stated in your subscription agreement or on our pricing page and are non-refundable except as required by law or as explicitly stated in these Terms.

Billing

We use third-party payment processors to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of these payment processors in addition to these Terms.

Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation, your access to premium features will continue until the end of your current billing period.

All purchases and subscription payments are final and non-refundable except as expressly stated in these Terms or as required by applicable law. Any refunds are provided solely at our discretion. If we choose to issue a refund in any particular case, this does not entitle you to a refund in any other case. We reserve the right to determine refund eligibility on a case-by-case basis.

INTELLECTUAL PROPERTY

Our Content

The Service and its original content, features, and functionality are owned by the Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Feedback

Any feedback, comments, ideas, improvements, or suggestions provided by you to us shall remain our property. We are free to use, copy, modify, publish, or redistribute such feedback for any purpose without compensation to you.

THIRD-PARTY LINKS AND SERVICES

The Service may contain links to third-party websites or services that are not owned or controlled by the Company. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

TERMINATION

By Us

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

By You

You may terminate these Terms at any time by discontinuing use of the Service and canceling your account.

Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

DISCLAIMER OF WARRANTIES

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • Any other matter relating to the Service

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID TO THE COMPANY IN THE PRIOR 12 MONTHS (IF ANY).

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorney's fees, arising from:

  • Your use of and access to the Service
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content caused damage to a third party

CHANGES TO TERMS

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Pennsylvania, without regard to its conflict of law provisions. You agree that the Service constitutes a passive website that does not give rise to personal jurisdiction over the Company in jurisdictions other than Pennsylvania.

DISPUTE RESOLUTION

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Blue Bell, Pennsylvania. You agree to submit to the personal jurisdiction of the federal and state courts located in Montgomery County, Pennsylvania for any actions not subject to arbitration.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service.

WAIVER

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

ASSIGNMENT

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

CONTACT INFORMATION

Questions about the Terms should be sent to us at: support@speakerdrive.com

Peak Performance Publishing, LLC
531 Village Cr
Blue Bell, PA 19422
917-733-1627