Welcome to SpeedyBeast, LLC’s (“SpeedyBeast”) website!
SpeedyBeast’s website (the “Website”) is designed to provide you with high quality access to our range of services. The Website is owned by SpeedyBeast. These Terms & Conditions of Use (this “Agreement”) apply to all the products, services and websites offered by SpeedyBeast, the mobile or tablet versions thereof, any SpeedyBeast software, and any applications created by SpeedyBeast whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the “Service”). Please note that the availability of any SpeedyBeast applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between SpeedyBeast and such social networking site, mobile or tablet device, or internet television or other technology platform.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SpeedyBeast and/or content providers who provide content to SpeedyBeast. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
3. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by SpeedyBeast or by third parties that have licensed or otherwise provided their material to SpeedyBeast. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without SpeedyBeast’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
4. Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by SpeedyBeast. Unauthorized framing of or linking to any of the Website is prohibited.
5. SpeedyBeast and Third Parties
Our Website contains Content of SpeedyBeast, and may include Content of third party licensors to SpeedyBeast (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. SpeedyBeast owns and retains all rights, title and interest in the SpeedyBeast Content. SpeedyBeast hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the SpeedyBeast Content and any third-party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service.
Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. SpeedyBeast is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by SpeedyBeast or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. SpeedyBeast encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While SpeedyBeast works to ensure the information on the Website is current and accurate, SpeedyBeast does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
6. Other Sites
7. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website.
10. Disclaimer of Warranties
You agree that your use of the Website shall be at your sole risk. The Website and the materials are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, SpeedyBeast, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. SpeedyBeast makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility or any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorized access to or use of SpeedyBeast secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for 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 Website.
SpeedyBeast does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and SpeedyBeast will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
11. Limitation on Liability
In no event shall SpeedyBeast, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (I) errors, mistakes, or inaccuracies of content, (II) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (III) any unauthorized access to or use of SpeedyBeast secure servers and/or any and all personal information and/or financial information stored therein, (IV) any interruption or cessation of transmission to or from the Website, (V) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (VI) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the SpeedyBeast is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by SpeedyBeast or any of its employees. SpeedyBeast is not responsible for any third-party content on the Website or third party web page accessed from this Website, nor does SpeedyBeast warrant the accuracy of any information contained in a third-party website or its fitness for any particular purpose.
SpeedyBeast reserves the right to remove any material posted on the Website that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.
12. Exclusions and Limitations
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless SpeedyBeast, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
14. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
15. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SpeedyBeast without restriction.
17. Integration Clause
18. Waiver and Severability of Terms
The failure of SpeedyBeast to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
19. Statute of Limitations
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 Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
20. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Iowa, without respect to its conflict of laws principles. Any claim or dispute between you and SpeedyBeast that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Dallas County, Iowa.
You agree that: (a) the Website shall be deemed solely based in Iowa; and (b) the SpeedyBeast Website shall be deemed a passive website that does not give rise to personal jurisdiction over SpeedyBeast, either specific or general, in jurisdictions other than Iowa.
21. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
SpeedyBeast reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Website, please use the contact us section on the website
Last Updated: March 16, 2017