eSpeakers SpeakerShare Program Terms and Conditions

This Software License and Online Services Agreement (“Agreement”) constitutes a legal agreement between you, whether an individual or an incorporated entity (“you”) and eSpeakers.com, Inc. (the “Company”). The Word “you” as used in this Agreement refers to Speakers or Users, as appropriate in the context.

The Company provides lead generation and booking services to independent providers of speaking services via the eSpeakers Services (as defined below). The eSpeakers Services enable an authorized Presenter and an authorized User to connect using the Company’s applications and to make arrangements, such as for speaker recommendations and other coordination, for the presentation services to be rendered by the Presenter. You wish to enter into this Agreement for the purpose of accessing and using the eSpeakers Services, either as a Presenter or as a User. Unless a specific provision specifically refers to either Presenters or Users, all provisions of this Agreement apply to both Speakers and Users.

You acknowledge and agree that Company is a technology services provider that does not provide speaking services.

By accessing or using any of the eSpeakers Services, you agree to the terms and conditions that are set forth below. If you are acting on behalf of a company or other entity, you represent and warrant that you have the authority to bind such entity and that there are no conditions or circumstances that prevent the formation of this Agreement and the enforceability of this Agreement upon you and your company or other entity. In such event, the use of the word “you” shall apply to such company or other entity.

1. Definitions

2.1 Use of the eSpeakers Services

2.5 Ratings

3. You and Your Obligations

4. Financial Terms

5. Proprietary Rights; License

6. Confidentiality

7. Privacy

8. Company Liability

9.Representations and Warranties; Disclaimers

10. Indemnification. You shall indemnify, defend (at Company’s option) and hold harmless Company and its respective officers, directors, employees, agents, successors and assigns from and against any and all liabilities, expenses (including legal fees), damages, penalties, fines, and taxes arising out of or related to: (a) your breach of your representations, warranties or obligations under this Agreement; (b) any claim by any third party (including Presenters, Users, regulators and governmental authorities) directly or indirectly related to your provision or use of speaking services or your use of the eSpeakers Services; (c) any claim you may have against a Presenter or User arising out of or relating to this Agreement and your agreement with such Presenter or User; and (d) your negligent acts or omissions.

11. Limits of Liability. COMPANY SHALL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) YOUR OR ANY THIRD PARTY’S PROPERTY DAMAGE, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. IN NO EVENT SHALL THE LIABILITY OF COMPANY OR ITS AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF COMPANY FEES ACTUALLY PAID TO OR DUE TO COMPANY HEREUNDER IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

12. Term and Termination

13. Relationship of the Parties

14. Miscellaneous Terms

15. Governing Law; Jurisdiction; Waiver of Jury Trial Right

Version 0.3 | February 2019

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