Last updated: August 8, 2020
He Speaks Today, LLC (hespeakstoday.com) provides website features and other products and services to you when you visit or shop at hespeakstoday.com, use He Speaks Today products or services, or use He Speaks Today applications for mobile use. He Speaks Today provides the He Speaks Today Services subject to the following conditions.
By using He Speaks Today Services, you agree to these conditions. Please read them carefully.
When you use He Speaks Today 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 He Speaks Today Services, 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.
All content included in or made available through any He Speaks Today Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of He Speaks Today or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any He Speaks Today Service is the exclusive property of He Speaks Today and protected by U.S. and international copyright laws.
You may need your own He Speaks Today account to use certain He Speaks Today Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. He Speaks Today does sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the He Speaks Today Services only with involvement of a parent or guardian. He Speaks Today reserves the right to refuse service, terminate accounts, terminate your rights to use He Speaks Today Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, and other content; 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. He Speaks Today 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 He Speaks Today 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 He Speaks Today 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 He Speaks Today for all claims resulting from content you supply. He Speaks Today has the right but not the obligation to monitor and edit or remove any activity or content. He Speaks Today takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from He Speaks Today are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
He Speaks Today does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, He Speaks Today does not take title to the refunded item.
He Speaks Today attempts to be as accurate as possible. However, He Speaks Today does not warrant that product descriptions or other content of any He Speaks Today Service is accurate, complete, reliable, current, or error-free. If a product offered by He Speaks Today itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by He Speaks Today, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by He Speaks Today is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
SANCTIONS AND EXPORT POLICY
You may not use any He Speaks Today Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using He Speaks Today Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE HE SPEAKS TODAY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HE SPEAKS TODAY SERVICES ARE PROVIDED BY HE SPEAKS TODAY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HE SPEAKS TODAY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HE SPEAKS TODAY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HE SPEAKS TODAY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HE SPEAKS TODAY SERVICES IS AT YOUR SOLE RISK.
Any dispute or claim relating in any way to your use of any He Speaks Today Service, or to any products or services sold or distributed by He Speaks Today or through He Speaks Today.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any He Speaks Today Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Louisiana, 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 He Speaks Today.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of He Speaks Today Services. We reserve the right to make changes to our site and policies 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.