CONDITIONS OF USE
Welcome to MySpeedyX.com. MySpeedyX, LLC and/or its affiliates (“MySpeedyX”) provide website features and other products and services to you when you visit or shop at MySpeedyx.com, use MySpeedyX products or services, use MySpeedyX applications for mobile, or use software provided by MySpeedyX in connection with any of the foregoing (collectively, “MySpeedyX”). MySpeedyX provides the MySpeedyX services subject to the following conditions.
We offer a wide range of MySpeedyX Services, and sometimes additional terms may apply. When you use a MySpeedyX Service (for example, Your Profile, Gift Cards, MySpeedyX Video, Your Media Library, MySpeedyX devices, or MySpeedyX applications) you also will be subject to the guidelines, terms and agreements applicable to that MySpeedyX Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
PRIVACY
Please review our Privacy Notice, which also governs your use of MySpeedyX Services, to understand our practices.
Electronic Communications
When you use MySpeedyX Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other MySpeedyX Services, such as our Support Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any MySpeedyX Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of MySpeedyX or its content suppliers and protected by United States copyright laws. The compilation of all content included in or made available through any MySpeedyX Service is the exclusive property of MySpeedyX and protected by U.S. copyright laws.
TRADEMARKS
MySpeedyX logo and all page headers, custom graphics, button icons, trademarks, service names and logos appearing on this Site, unless otherwise noted, are service named trademarks (whether registered or not) and/or trade dress of MySpeedyX. MySpeedyX’s trademarks and trade dress may not be used in connection with any product or service that is not MySpeedyX’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MySpeedyX. All other trademarks not owned by MySpeedyX that appear in any MySpeedyX Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MySpeedyX.
PERMISSIONS AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, MySpeedyX or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the MySpeedyX Services. This license does not include any resale or commercial use of any MySpeedyX Service, or its contents; any collection and use of any service listings, descriptions, or prices; any derivative use of any MySpeedyX Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by MySpeedyX or its licensors, suppliers, publishers, rightsholders, or other content providers. No MySpeedyX Service, nor any part of any MySpeedyX Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MySpeedyX. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MySpeedyX without express written consent. You may not use any meta tags or any other “hidden text” utilizing MySpeedyX’s name or trademarks without the express written consent of MySpeedyX. You may not misuse the MySpeedyX Services. You may use the MySpeedyX Services only as permitted by law. The licenses granted by MySpeedy terminate if you do not comply with these Conditions of Use or any Service Terms.
SITE SUBMISSIONS
You may choose to submit information to MySpeedyX through our Site for various reasons, such as to become a MySpeedyX member, make a purchase, redeem a MySpeedyX voucher or apply for MySpeedyX employment opportunities. By submitting information to MySpeedyX, you are authorizing us to utilize this information for the purpose for which it was submitted and for such other purposes as set out in our Privacy Policy. Nothing in these Terms of Use or the Site shall constitute an offer or promise of employment or franchising relationship. We may or may not review all or any information submitted to us.
Except for personally identifiable information such as names, addresses, and financial information, unsolicited information and content submitted to this Site is assigned to MySpeedyX free of charge, together with all worldwide rights, title and interest in all copyrights and other intellectual property rights in such submission and MySpeedyX and its affiliates and related entities may use, sublicense, adapt, distribute, publicly perform, publish, display or delete such submission at its sole discretion. By sending any unsolicited submission to MySpeedyX, you waive the right to make any claim against MySpeedyX, its parents or affiliates related to use of the submission. By uploading or submitting any content you represent and warrant that any uploaded material does not: infringe any copyright or other intellectual property or other rights of any other person; contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; promote any illegal activity, or advocate, promote, or assist any unlawful act; involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising; give the impression that the content emanates from or is endorsed by MySpeedyX or any other person or entity, if this is not the case. If you are under 18, you may use the MySpeedyX Services only with the involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their MySpeedyX household. MySpeedyX reserves the right to remove any content that it deems, in its sole discretion, to violate these terms.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MySpeedyX reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MySpeedyX a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MySpeedyX and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MySpeedyX for all claims resulting from content you supply. MySpeedyX has the right but not the obligation to monitor and edit or remove any activity or content. MySpeedyX takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of service from MySpeedyX are made pursuant to MySpeedyX, LLC. This means that the risk of loss and title for such services pass to you upon our claim center at myspeedyx.com.
RETURNS, REFUNDS AND TITLE
MySpeedyX does not take title to returned memberships and or MySpeedyX services until the claim has been investigated and the status has been determined. At our discretion, a refund may be issued without requiring you to file a claim. In this situation, MySpeedyX does not take title to the refunded service.
SERVICE DESCRIPTIONS
MySpeedyX attempts to be as accurate as possible. However, MySpeedyX does not warrant that service descriptions or other content of any MySpeedyX Service is oaccurate, complete, reliable, current, or error-free. If a service offered by MySpeedyX itself is not as described, your sole remedy is to request a refund.
PRICING
With respect to service requests by MySpeedyX, we cannot confirm the price of service until you submit a request. Despite our best efforts, there will be times where MySpeedyX will not be able to negotiate a price. If this situation occurs then MySpeedyX will pay 5% cash back to the consumer via mail. Other merchants may follow different policies in the event of a mispriced service. .
We generally do not charge your credit card until after your service request has been approved or, for digital products, until we make the digital product available to you.
TERMINATION
MySpeedyX reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. MySpeedyX further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.
OTHER BUSINESSES
Parties other than mySpeedyX provide services or software or sell product lines through the MySpeedyX Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from MySpeedyX. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). MySpeedyX does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
COPYRIGHT INFRINGEMENT
If you believe that any material contained in this Site infringes your copyright, you should notify MySpeedyX of your copyright infringement claim in accordance with the following procedure. MySpeedyX will process notices of alleged infringement which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to MySpeedyX by email to support@myspeedyx.com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are a user outside the United Sates and are not subject to the DMCA, you should notify MySpeedyX of your copyright infringement claim in writing and in accordance with the above procedure and other applicable intellectual property laws including, but not limited to, the Canadian Copyright Act.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MYSPEEDYX SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYSPEEDYX SERVICES ARE PROVIDED BY MYSPEEDYX ON AN “AS IS” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MYSPEEDYX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MYSPEEDYX SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYSPEEDYX SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MYSPEEDYX SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, MYSPEEDYX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYSPEEDYX DOES NOT WARRANT THAT THE MYSPEEDYX SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MYSPEEDYX SERVICES, MYSPEEDYX’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MYSPEEDYX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MYSPEEDYX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MYSPEEDYX SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MYSPEEDYX SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
LEGAL COMPLIANCE
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you provide us any information through the Site, you agree to provide true, accurate, current and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, then please contact the Site Administrator at support@myspeedyx.com with your concerns. MySpeedyX reserves all rights and remedies available to it.
APPLICABLE LAW
By using any MySpeedyX Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and MySpeedyX.
SITE POLICIES,MODIFICATION,AND SEVERABILITY
The MySpeedsyX policies govern your use of MySpeedyX Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CONTACT
Any questions, comments, or issue with this Site should be addressed to the Site Administrator at support@myspeedyx.com.
GOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Agreement is governed by, and construed in accordance with U.S. Federal laws, without giving effect to any principles of conflicts of law. For any claims not subject to mandatory arbitration pursuant to this agreement, you agree to submit to the exclusive jurisdiction of the courts of the United States District Court for the State of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
DISPUTE RESOLUTION
Disputes Involving U.S. Users. – Mandatory Arbitration
If you are a user based in the United States, in the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use, the Site, or your use thereof, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between them. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), YOU AGREE THAT THE DISPUTE SHALL, UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES FOR ANY PARTICULAR DISPUTE, BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION, PURSUANT TO THE THEN-CURRENT CONSUMER ARBITRATION RULES. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE MYSPEEDYX PARTIES MUST BE ARBITRATED IN MARYLAND. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE MYSPEEDYX PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO HAVE THE DISPUTE DECIDED BY A JUDGE OR JURY, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits falling within the jurisdiction of the small claims courts located in the State of Maryland or to enjoin infringement or other misuse of intellectual property rights, and you or the MySpeedyX may bring suit in court for (a) individual small claims matters and (b) to enjoin infringement or other misuse of intellectual property rights. RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://adr,org
Condition of Use Contact
If you have any questions regarding this condition of use, please contact us by email at support@myspeedyx.com