1. Agreement to terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Wingspeak LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of the www.wingspeak.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). We are registered in Seattle, Washington, United States. By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Site and must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each change. You will be deemed to have accepted any revised Terms of Use by your continued use of the Site after they are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Those who access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.
The Site is not tailored to comply with industry-specific regulations (such as HIPAA or FISMA), so if your interactions would be subject to such laws, you may not use this Site to transmit regulated information. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years old.
2. Intellectual property rights
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and other intellectual property rights and unfair competition laws of the United States and international conventions. The Content and the Marks are provided on the Site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. User representations
By using the Site, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
4. Private pages
Some pages on the Site, such as client proposals and client delivery galleries, are shared privately by link. Please do not share these links beyond the people they were intended for. Media delivered to clients is licensed according to the agreement for that project.
5. Prohibited activities
You may not access or use the Site for any purpose other than that for which we make it available. As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile a collection, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Site.
- Disparage, tarnish, or otherwise harm us or the Site.
- Use any information obtained from the Site to harass, abuse, or harm another person.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s use of the Site.
- Engage in any automated use of the system, such as data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of it.
- Copy or adapt the Site’s software, or decipher, decompile, disassemble, or reverse engineer it, except as permitted by law.
- Use the Site as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.
6. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential, and we may use them for any lawful purpose without acknowledgment or compensation to you. Information you share with us about a project, such as through a quote request, is handled according to our Privacy Policy.
7. Third-party websites and content
The Site may contain links to other websites (“Third-Party Websites”) and content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use of any Third-Party Websites or Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Site and access Third-Party Websites, you do so at your own risk, and these Terms of Use no longer govern.
8. Site management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who violates the law or these Terms of Use; (3) remove from the Site or otherwise disable any files and content that are excessive in size or burdensome to our systems; and (4) otherwise manage the Site to protect our rights and property and to facilitate its proper functioning.
9. Privacy policy
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. The Site is hosted in the United States.
10. Term and termination
These Terms of Use remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason, including breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.
11. Modifications and interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance.
12. Governing law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles.
13. Dispute resolution
Informal negotiations. To expedite resolution and control the cost of any dispute related to these Terms of Use (a “Dispute”), the parties agree to first attempt to negotiate any Dispute informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Binding arbitration. If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA Consumer Rules, available at www.adr.org. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration may be conducted in person, through the submission of documents, by phone, or online, and will take place in Washington, United States, except where otherwise required by applicable AAA rules or law. If for any reason a Dispute proceeds in court rather than arbitration, it shall be brought in the state and federal courts located in Washington, United States.
No Dispute related to the Site may be commenced more than one (1) year after the cause of action arose.
Restrictions. Any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, and there is no right or authority for any Dispute to be arbitrated on a class-action basis or brought in a representative capacity.
Exceptions. The following Disputes are not subject to informal negotiations and binding arbitration: (a) Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party; (b) Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
14. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time without prior notice. Prices shown on the Site are starting points; final pricing is set in each project’s written quote.
15. Disclaimer
The Site is provided on an as-is and as-available basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use of it, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site.
16. Limitations of liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, or loss of data, arising from your use of the Site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary, our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. Certain state and international 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 these limitations may not apply.
17. Indemnification
You agree to defend, indemnify, and hold us harmless, including our affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) your breach of these Terms of Use; (3) any breach of your representations and warranties; or (4) your violation of the rights of a third party, including intellectual property rights.
18. Electronic communications, transactions, and signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site.
19. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of it. If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or use of the Site.
20. Contact us
To resolve a complaint regarding the Site or to receive further information regarding its use, reach us through our contact page.