TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement (“Agreement”) is entered into between For Achiever Inc., (“Company,” “we,” “us,” or “our”) and you (“User,” “you,” or “your”). By accessing and using our software platform, you agree to be bound by the terms and conditions of this Agreement.

1. ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that governs the relationship with our users and others who may interact with or use Company, its subsidiaries, and affiliates, in connection with the Company websites, including (speakupsecure.org, Blindreports.org and others) and its Services, as defined below.

2. DESCRIPTION OF WEBSITE SERVICES OFFERED

The sites, speakupsecure.org as well as Blindreports.org, are described as follows: All visitors to our sites, whether registered or not, are considered “users” of the Services under this TOS. Once an individual registers for our Services and creates an account, they become a “member.”

Users and members acknowledge and agree that the services provided through our website and applications, including mobile applications and those available on social media networking sites and various platforms, are subject to this Agreement. Company may offer additional website services and/or products, update, modify, or revise current content and services at its discretion. This Agreement applies to additional services and products, as well as to updated, modified, or revised Services unless otherwise specified. Company reserves the right to cancel or cease offering any services and products, and users accept that Company is not liable for such changes. Your continued use of the services after updates, changes, and modifications constitutes your acceptance of these updates.

Additionally, users understand, acknowledge, and agree that the Services are provided “AS-IS,” and Company does not assume responsibility for timeliness, missed delivery, deletion, or the failure to store user content, communication, or personalization settings.

THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY Company OR (B) ANY PERSONS UNDER THE AGE OF 13 WHOSE REGISTRATION HAS NOT BEEN APPROVED BY A LEGAL PARENT OR GUARDIAN (OR, FOR SCHOOL ACCOUNTS, BY SCHOOL PERSONNEL AS PERMITTED UNDER THE TERMS).

3. REGISTRATION

To become a “member” of Company, you must be at least 13 years of age to enter into a legally binding contract and must not be an individual previously barred from using Company Services under applicable laws. Our site is not intended for use by individuals under the age of 13 (or the applicable age of consent in your jurisdiction). We do not knowingly collect any personal information from children. Since we do not collect birth dates, we rely on users to confirm their eligibility to use our service in compliance with their local laws. If you believe that a child has provided us with their personal information, please contact us, and we will take the necessary steps to remove the account.

Additionally, by registering, you acknowledge, understand, and agree to:

  • Provide accurate, current, and complete information about yourself as requested during the registration process.
  • Keep your registration and profile information updated to ensure accuracy and completeness.

If you knowingly provide false, untrue, inaccurate, or incomplete information, Company reserves the right to suspend or terminate your membership, in violation of this Agreement, and deny access to Company services.

The Company Online Privacy Policy strictly protects all member registration data and personal information. As a member, you consent to the collection and use of the information provided, including its transfer within the USA and other countries for storage, processing, or use by Company and its subsidiaries and affiliates. (Refer to the full Privacy Policy for more details.)

4. MEMBER ACCOUNT, USERNAME, PASSWORD, AND SECURITY

Upon completing the registration process and creating your username, you will create a password, which you can later change, along with an account designation. It is your responsibility to maintain the confidentiality of your password and to ensure the security of your account. You must promptly notify Company if you become aware of any unauthorized access, use of your account, or any other security breach. Company will not be held liable for any loss or damage resulting from a failure to comply with this term and condition of the TOS.

5. CONDUCT

As a member of Company, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether publicly or privately posted or transmitted, is the sole responsibility of the individual who created it. Consequently, you are solely responsible for any content posted, uploaded, emailed, transmitted, or made available through Company Services. We do not guarantee the accuracy, integrity, or quality of such content. By using our Services, you may be exposed to content that may contain errors or omissions, and you may incur losses or damages as a result of using such content.

Furthermore, you agree not to use Company services for the following:

  • Uploading, posting, emailing, transmitting, or otherwise making available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable.
  • Causing harm to minors in any manner whatsoever.
  • Impersonating any individual or entity, including Company official forum leaders, guides, or hosts, or falsely stating or misrepresenting any affiliation with an individual or entity.
  • Forging captions, headings, or titles, or offering any content that you have no right to do so under any law or contractual or fiduciary relationship.
  • Uploading, posting, emailing, transmitting, or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
  • Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not have the right to offer under any law or in accordance with any contractual or fiduciary relationship.
  • Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in designated areas.
  • Uploading, posting, emailing, transmitting, or otherwise offering any content that contains a software virus or other computer code designed to interfere with, destroy, or limit the operation of any computer software, hardware, or telecommunications equipment.
  • Disrupting the normal flow of communication or otherwise acting in a way that negatively affects other users’ ability to participate in real-time interactions.
  • Interfering with or disrupting Company Services, servers, and/or networks, including using any device, software, or routine to bypass robot exclusion headers.
  • Violating any local, state, federal, national, or international laws, regulations, or rules, including but not limited to those decreed by the U.S. Securities and Exchange Commission and other securities exchanges.
  • Providing support or resources, concealing or disguising the character, location, or source of any organization designated by the U.S. government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration and Nationality Act.
  • “Stalking” or harassing another individual, intentionally or unintentionally.
  • Collecting or storing any personal data related to any other member or user in connection with prohibited conduct and activities as outlined above.

Company reserves the right to pre-screen, refuse, or delete any content available through our services. Additionally, we reserve the right to remove or delete any content that violates the TOS or is deemed objectionable to other users.

Company also reserves the right to access, preserve, and disclose member account information and content if requested by law or in good faith belief that such action is reasonably necessary for:
  • Compliance with legal processes.
  • Enforcement of the TOS.
  • Response to any claim that content is in violation of the rights of a third party.
  • Response to customer service requests.
  • Protection of the rights, property, or personal safety of Company, its users, members, and the general public.

Company may use security components to protect digital information or material, and the use of such information and material is subject to usage guidelines and regulations established by Company or other content providers supplying services to Company. You are prohibited from attempting to override or circumvent any embedded usage rules in our Services. Unauthorized reproduction, publication, distribution, or exhibition of any information or materials provided by our Services, whether in whole or in part, is expressly prohibited.

6. INTERSTATE COMMUNICATION

Upon registration, you acknowledge that by using Company to send electronic communications, such as email, searches, instant messages, and uploading files, photos, and videos, you engage in interstate transmissions. Therefore, your use of this Service results in interstate communications.

7. CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, you agree to adhere to all local rules regarding online conduct and acceptable content when using our network. Uploading, posting, or transferring software, technology, and other technical data may be subject to the export and import laws of the United States and potentially other countries. By using our network, you commit to complying with all relevant export and import laws, statutes, and regulations, including but not limited to:

The Export Administration Regulations (available at https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear) The sanctions control program of the United States (accessible at https://ofac.treasury.gov/sanctions-programs-and-country-information)

Furthermore, you confirm that:

  • You are not listed as a prohibited individual on any government export exclusion report (found at link) or a member of a government from an export-prohibited country as identified in applicable export and import laws and regulations.
  • You will not transfer any software, technology, or technical data through our network services to any export-prohibited country.
  • You will not use our website network services for any purposes related to military, nuclear, missile, chemical, or biological weaponry that would violate U.S. export laws.
  • You will not post, transfer, or upload any software, technology, or technical data that would contravene U.S. or other applicable export and import laws.

8. CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Company does not claim ownership of any content submitted by visitors, users, or members, nor does it make such content available for inclusion on our website services. By submitting content, you grant Company the following worldwide, royalty-free, and non-exclusive licenses, as applicable:

  • Publicly Accessible Areas: For content submitted to publicly accessible areas of Company sites, you grant a license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the content on our network services. This license remains in effect as long as you are a member of Company sites and terminates when you discontinue your membership.
  • Photos, Audio, Video, and Graphics: Content submitted to publicly accessible areas of Company sites is licensed for use, distribution, reproduction, modification, adaptation, public performance, and public display on our network services. This license remains valid as long as you are a member of Company sites and terminates upon discontinuation of your membership.
  • Other Content: For any other content submitted to publicly accessible areas of Company sites, a continuous, binding, and fully sub-licensable license is granted. This license allows the use, distribution, reproduction, modification, adaptation, publication, translation, public performance, and public display of the content, in whole or in part, and its incorporation into other works, in any arrangement or medium currently used or later developed.

Areas considered “publicly accessible” on Company sites are those available to the general public, including public website which is open to both visitors and members.

Areas not open to the public, available to members only, include our mail system and complaint/case management system.

9. CONTRIBUTIONS TO COMPANY WEBSITE

Company offers a platform for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions, and proposals (referred to as “Contributions”) to our site, you acknowledge and agree that:

  • Your Contributions do not contain confidential or proprietary information of any kind.
  • Company is not liable or obligated to ensure or maintain confidentiality, whether expressed or implied, regarding any Contributions.
  • Company has the right to use and disclose Contributions in any manner they deem appropriate.
  • The contributor’s Contributions automatically become the sole property of Company.
  • Company is not obligated to compensate or provide reimbursement in any form or manner.

10. INDEMNITY

All users and members agree to indemnify and hold Company, our subsidiaries, affiliates, agents, employees, officers, partners, and licensors, harmless from any claim or demand, including reasonable attorney fees, brought by any third party. This claim or demand may arise from any content a member or user submits, posts, modifies, transmits, or makes available through our Services, the use of Company services, your connection with these services, your violations of the Terms of Service, or your infringement of another person’s rights.

11. COMMERCIAL REUSE OF SERVICES

Users and members agree not to replicate, duplicate, copy, trade, sell, resell, or exploit any part, use of, or access to Company sites for commercial purposes.
 
You acknowledge that Company may establish practices and limitations related to the use of our Services, which may include but are not limited to:
  • The maximum retention period for email, message postings, or uploaded content by Company.
  • The maximum volume or size of email messages sent or received by any member.
  • The maximum disk space allocated on Company servers for each member.
  • The maximum frequency and duration of access to our Services within a given time period.

Additionally, you agree that Company is not responsible for the removal or storage of messages, communications, or content. Company reserves the right to delete or remove inactive accounts.

Company also reserves the right to modify, alter, or update these general practices and limits at its discretion.

Any messenger service, including web-based versions, allows you and the individuals you communicate with to save your conversations in your Company account. This enables you to access and search your message history from any computer with internet access. Others also have the option to save conversations with you in their personal Company accounts. Your agreement to this TOS gives consent for Company to store all communications on its servers.

12. MODIFICATIONS

Company reserves the right, at its discretion, to modify, alter, or discontinue our service, or any part thereof, either temporarily or permanently, with or without prior notice. Furthermore, Company shall not be held liable to you or any third party for any such changes, including alterations, modifications, suspensions, or discontinuations of our Services, or any part thereof.

13. TERMINATION

As a member of Company, you have the option to cancel or terminate your account, associated email address, and access to our services by submitting a termination request to Info@SpeakUpSecure.org.

Company may, without prior written notice, immediately suspend, terminate, discontinue, or limit your account, any associated email, and access to our Services. Grounds for such actions may include, but are not limited to:

  • Breach or violation of our Terms of Service or any other incorporated agreements, regulations, or guidelines.
  • Requests from law enforcement or governmental agencies.
  • Modifications or material changes to our Services or any part thereof.
  • Unexpected technical or security issues or problems.
  • Extended periods of inactivity.
  • Engagement in fraudulent or illegal activities.
  • Nonpayment of associated fees related to your Company account services.

You agree that all terminations, suspensions, discontinuances, or limitations of access will be at the sole discretion of Company, and Company shall not be liable to you or any third party regarding the termination of your account, associated email address, or access to our services.

Termination of your account with Company may include:

  • Removal of access to some or all of the Services provided by Company.
  • Deletion of your password and any related information, files, or content associated with your account.
  • Prohibition of any further use of some or all of our services.

14. PROPRIETARY RIGHTS

You acknowledge and agree that the Company Services and any essential software used in connection with our services (“Software”) contain proprietary and confidential material protected by applicable intellectual property rights and other laws. Additionally, you acknowledge and agree that any content within advertisements or information presented through our services, whether by Company or advertisers, is protected by copyrights, trademarks, patents, and other proprietary rights and laws. Therefore, unless expressly permitted by applicable law or authorized by Company or the relevant licensor, you agree not to:

Alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, or create any derivative works based on Company Services (e.g., Content or Software) in whole or in part.

Company has granted you a personal, non-transferable, and nonexclusive right and license to use the object code of its Software on a single computer. You shall not permit any third party to duplicate, alter, modify, create derivative works from, reverse engineer, reverse assemble, or attempt to locate or discern any source code. You shall not sell, assign, sublicense, grant a security interest in, or otherwise transfer any such right in the Software. Furthermore, you agree not to alter or change the Software in any manner and not to use any modified versions of the Software, including, but not limited to, obtaining unauthorized access to our Services.

Lastly, you also agree not to access or attempt to access our Services through any means other than the interface provided by Company for accessing our Services.

15. WARRANTY DISCLAIMERS

By using Company services and software, you expressly acknowledge and agree to the following:

The use of Company services and software is solely at your own risk. Our services and software are provided on an “as is” and “as available” basis. Company, along with our subsidiaries, affiliates, officers, employees, agents, partners, and licensors, expressly disclaim all warranties, whether expressed or implied, including but not limited to implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

Company and our subsidiaries, officers, employees, agents, partners, and licensors make no warranties regarding:

  • Whether Company services or software will meet your specific requirements.
  • The uninterrupted, timely, secure, or error-free operation of Company services or software.
  • The accuracy or reliability of results obtained from using Company services or software.
  • The quality of any products, services, information, or other materials that you may purchase or obtain through our services or software.
  • The correction of any errors contained in the software.

Any information or material downloaded or obtained through Company services or software is at your sole discretion and risk. You are solely responsible for any damage to your computer, internet access, data loss, or other issues that may result from downloading or displaying such information or material. Therefore, you hereby waive any claims and causes of action related to such damage or loss.

No advice or information, whether written or oral, obtained from Company or through our services or software, creates any warranty not expressly stated in this Terms of Service (TOS).

It’s important to note that a small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using our services. Some conditions may induce epileptic symptoms in users with no history of seizures or epilepsy. If you, someone you know, or a family member has an epileptic condition, please consult a physician if you experience symptoms such as dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, involuntary movement, or convulsions while using our services.

16. LIMITATION OF LIABILITY

You explicitly acknowledge, understand, and agree that Company, along with our subsidiaries, affiliates, officers, employees, agents, partners, and licensors, shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages. These damages include, but are not limited to, damages that may be related to the loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages. Such damages may result from:

  • The use or inability to use our service.
  • The cost of obtaining substitute goods and services.
  • Unauthorized access to or the alteration of your transmissions and/or data.
  • Statements or conduct of any third party on our service
  • Any other matter related to our service.

17. EXCLUSION AND LIMITATIONS

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations in Sections Fifteen (15) and Sixteen (16) may not apply to you.
 
18. THIRD-PARTY BENEFICIARIES
 

Unless otherwise expressly provided in this TOS, third-party beneficiaries are recognized under this agreement.

19. NOTICE

Company may provide notices, including those related to changes in the TOS, through various means such as email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable methods, as may be developed. Notices may not be received if you access our Services in an unauthorized manner. Your acceptance of this TOS deems you to have received any notices that would have been delivered had you accessed our Services in an authorized manner.
20. TRADEMARK INFORMATION
 
You acknowledge that all Company trademarks, copyrights, trade names, service marks, logos, brand features, product and service names, are the property of Company. You agree not to display or use the Company logo or marks in any manner.
 
21. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
 
Company respects the intellectual property of others. Users who repeatedly violate our TOS and infringe on the rights of others may have their accounts disabled or terminated. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide the following information:
  • Your electronic or physical signature as the authorized representative of the copyright or intellectual property owner.
  • A description of the copyrighted work or intellectual property that you believe has been infringed.
  • The location of the site alleged to be infringing on your work.
  • Your physical address, telephone number, and email address.
  • A statement that the use of your work is not authorized by the copyright owner, its agents, or the law.
  • A statement, under penalty of perjury, that the provided information is truthful and accurate, and that you are the copyright or intellectual property owner, or an authorized agent.

Contact our Agent for Notice of claims of copyright or intellectual property infringement at:

E-mail Address: info@SpeakUpSecure.com

22. CLOSED CAPTIONING

Company complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at speakupsecure.org

GENERAL INFORMATION
 

23. ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Company governing the use of our Services, superseding any prior versions with respect to Company’s Services. Additional terms and conditions may apply to other services, affiliate services, third-party content, or third-party software.

24. CHOICE OF LAW AND FORUM

Both you and Company agree that this agreement is governed by the laws of Washingtoun County, Minnesota, without regard to conflict of law provisions. Any claims or disputes arising from this TOS must be filed within the Woodbury, Minnesota Jurisdiction. Both parties submit to the jurisdiction of these courts and agree to waive objections to their exercise of jurisdiction and venue.

25. WAIVER AND SEVERABILITY OF TERMS

Failure by Company to exercise or enforce any right or provision of the TOS does not constitute a waiver of such right or provision. If a court finds any provision of this TOS to be invalid, the court will strive to give effect to the parties’ intentions, and the other provisions of the TOS remain in full force and effect.

 

26. NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You understand that your account is non-transferable and your rights to your ID and contents within your account terminate upon your death. Upon receipt of a death certificate, your account may be terminated, and all contents permanently deleted.
 
27. STATUTE OF LIMITATIONS
 

Regardless of any statute or law to the contrary, any claim or action related to the use of our Services or the TOS must be filed within one year after the claim or cause of action arises, or it shall be forever barred.

28. Contact Information

If you have any questions or concerns regarding this Agreement, please contact us at info@forachiever.com
This Agreement was last updated on 10/18/2023.
By using our software platform, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
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