Terms of Use

Welcome to the occasionallyspeaking.com website (the “Site”) which is owned and operated by Verdun Ventures, LLC d/b/a Occasionally Speaking (“Occasionally Speaking” or “Verdun Ventures, LLC d/b/a Occasionally Speaking” or “we” or “us”). Your access to and use of the Site is subject to these Terms of Use (“Terms of Use”) and all applicable laws. Your use of the Site constitutes your agreement to all of the terms contained herein.

Definitions

“You” and “your” refer to you, as a user of the Site (including, without limitation, someone who accesses, browses, crawls, scrapes or in any way uses the Site.
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication.
“Occasionally Speaking Content” means all the Content made available through the Site, excluding User Content.
“User Content” means content that you submit or transmit to, through, or in connection with the Site, such as images or comments.

Changes to Terms of Use. We reserve the right to change the Terms of Use at any time without prior notice and by using the Site subsequent to any revision of the Terms of Use, you agree to be bound by such changes.

Note to/regarding Children: YOU MUST BE AT LEAST 18 YEARS OLD TO REGISTER FOR SERVICES ON THIS SITE OR TO PROVIDE ANY INFORMATION ABOUT YOURSELF THROUGH THIS SITE. Occasionally Speaking does not solicit, and will not accept, personal information directly from children under 13.

Age and Responsibility. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site. If any of the services on the Site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will choose a login and password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

Occasionally Speaking Privacy Notice. Registration data and certain other information about you is subject to our Privacy Notice.

User Content. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through our site, by email, or in any other way. There are instances where Occasionally Speaking may offer you the opportunity to submit materials through the Site (or via other submission mechanisms such as email, mail or fax). Any information you submit to us is at your risk. By submitting or sending information or content to us, you represent and warrant that the material are original to you, that no other party has any rights thereto, and you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any submitted materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any submitted material that you provide to us, and we may delete or destroy any such material at any time.

Disclaimer of Warranties. The Site and Occasionally Speaking Content are provided “As Is”. Your use thereof is at your own risk. While Occasionally Speaking uses reasonable efforts to ensure the accuracy, correctness and reliability of this Site’s content, we make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any information or material on the site. Occasionally Speaking, as well as any other party involved in creating, producing, or delivering the Site including, without limitation, the Content and any Services, specifically disclaim any liability or responsibility for any errors or omissions in the Site.

OCCASIONALLY SPEAKING DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE SITE, THE CONTENT OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OCCASIONALLY SPEAKING IS NOT RESPONSIBLE FOR THOSE COSTS. OCCASIONALLY SPEAKING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. OCCASIONALLY SPEAKING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS, AND/OR LINKS APPEARING ON THE SITE.

Limitation of Liability. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER OCCASIONALLY SPEAKING NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, SUPPLIERS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OR PERFORMANCE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH THIS SITE, EVEN IF OCCASIONALLY SPEAKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SITE. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Monitoring. Occasionally Speaking has no obligation to monitor any member’s use of the Site or retain the content of any user session. However, Occasionally Speaking reserves the right at all times and without notice to delete any content and to monitor, review, retain and/or disclose any content or other information in Occasionally Speaking’s possession, however obtained, about or related to you, your use of the Site or otherwise as necessary or useful to satisfy any applicable law, regulation, legal process, or governmental request. Occasionally Speaking is not responsible for any failure or delay in removing content.

Ownership; Copyright. © Occasionally Speaking, Inc. 2007 – 2023. All rights reserved. Except where otherwise indicated, the Occasionally Speaking Content featured or displayed on this Site, belongs to Occasionally Speaking, its licensors and its content providers, and is protected by copyright, trade dress, moral rights, trademark and other laws, to the fullest extent applicable under both United States and foreign laws. Unauthorized use of the Content could subject you to liability under copyright, trademark, trade dress, unfair competition, and other laws of the United States.

The Occasionally Speaking Content may not be used except as provided in these Terms of Use or without the written permission of Occasionally Speaking. Occasionally Speaking authorizes you to copy materials on this site to a hard drive solely for the purpose of viewing and using the Site on your computer. You may also print portions of the Site in hard copy for the sole purpose of facilitating your personal, noncommercial use and retention of information from the Site. You may not sell or modify Occasionally Speaking Content or reproduce, republish, display, publicly perform, distribute, or otherwise use Occasionally Speaking Content or the Site in any way for any public or commercial purpose. Unauthorized use of Occasionally Speaking Content or the Site on any other Site or in a networked computer environment for any purpose is prohibited.

Trademarks. All of the trademarks, logos, and service marks appearing on the Site (the “Trademarks”) are the registered and unregistered trademarks of Occasionally Speaking and other third parties, protected under the laws of the United States and other countries. Without the prior written permission of the trademark owner, you may not use or display the Trademarks in any manner. Use on this Site of the trademark(s) of any other party is not intended to imply Occasionally Speaking's affiliation with or endorsement of that party, or that party's sponsorship or endorsement of Occasionally Speaking, its products or services.

Links to Other Sites. The Site may contain links to sites not operated or maintained by Occasionally Speaking. These links are provided solely as a convenience to you and not as an endorsement by Occasionally Speaking of the content of such third party sites. Occasionally Speaking is not responsible for the content of the sites of others and makes no representation regarding the content or accuracy of materials on such sites. If you decide to access linked third-party sites, you do so at your own risk, and waive any and all claims against Occasionally Speaking regarding the inclusion of links to outside sites or your use of those sites. The third party sites may contain user agreements or terms and conditions and privacy policies to which you are subject while using those sites. We encourage you to become familiar with these policies when you access those sites. Occasionally Speaking reserves the right to terminate any link or linking program at any time.

Unsolicited Submissions/Feedback. Occasionally Speaking does not accept or consider unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans or new product names. Please do not send any original artwork, samples, demos or other works. If you do send such materials, Occasionally Speaking makes no assurances that your ideas and materials will be treated as confidential or proprietary. Any feedback you provide on this Site will be deemed non-confidential. Occasionally Speaking is free to use such information on an unrestricted basis.

Governing Law and Venue. The rights and obligations of the parties shall be governed by, and these Terms of Use shall be construed and enforced in accordance with, the laws of the State of Michigan, excluding any rules that would apply the law of another jurisdiction. The parties hereto consent to the personal jurisdiction and the exclusive venue of all federal and state courts in Berrien County, Michigan, for hearing all disputes under this Agreement.

Termination. Occasionally Speaking reserves the right, in its sole discretion, to terminate your access to all or part of the Site, with or without notice.

U.S. Service. Occasionally Speaking controls and operates the occasionallyspeaking.com web site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these terms and conditions waive their respective rights to a trial by jury.

Our Commitment to Privacy

Your privacy is important to Occasionally Speaking. To better protect your privacy we provide this Privacy Notice explaining how we handle the personal information provided to us or collected on or through occasionallyspeaking.com (the “Site”). Please be sure to read this Privacy Notice before submitting information to us. Our Privacy Notice may change from time to time and your continued use of the Site constitutes acceptance of such changes, so please check this area periodically for updates.

The Information We Collect

This notice applies to all information collected or submitted on the Site. Occasionally Speaking may collect information through your active submission of information or passively through use of automated technologies.

Active Information Collection

Name
Address (including City, State, Country and/or Zip Code)
E-Mail address
Phone number
Credit/Debit card Information

Passive Information Collection

As you use the Site, other information may be collected through use of technologies which are common among websites and online environments. For example, we currently track IP addresses, use session cookies, and evaluate access time and navigational data in connection with the Site. “Cookies” are small pieces of information or files that a website puts on your computer which allow Occasionally Speaking to accumulate data on your navigation of the website and ease such navigation. We may also keep track of how you interact with links through our Site.

In addition to our active information collection efforts, we may also use technology to passively gather operational information about the technology you use, such as your browser, type of computer, operating systems and Internet service providers.

How We Use Information

Occasionally Speaking uses the personal information we collect when you submit an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. You can register with our Site if you would like to receive newsletters or updates on our new products and services. Information you submit on our Site will not be used for this purpose unless you fill out the registration form.

Occasionally Speaking uses non-identifying and aggregate information to better design our website. For example, we may collect that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Our Commitment to Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures designed to safeguard and secure the information we collect online.

Our Commitment to Children's Privacy

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13 years of age, and no part of our website is structured to attract anyone under 13 years of age.

How to Access or Correct Your Information

You have the following choices regarding the personally identifiable information you provide for Occasionally Speaking to use:

You may send us an e-mail message by using the form on our Contact Us page to request access to review, correct or delete any personally identifiable information maintained on our systems that you have provided to us through the registration process or other request. To protect your privacy, we will respond only to e-mail messages sent from the e-mail account that you specified during the account registration process.

You may also opt out of receiving newsletters and other promotional materials from Occasionally Speaking by notifying us by using the form on our Contact Us page or by clicking the unsubscribe link at the bottom of an email sent by Occasionally Speaking.

If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Service may then be inaccessible or not function properly.

Updating Privacy Notice

Occasionally Speaking reserves the right to change its Privacy Notice in its sole discretion. In such case, Occasionally Speaking will post the new Privacy Notice on the Site and the effective date of the new Privacy Notice will be clearly marked.

How to Contact Us

Should you have other questions or concerns about these privacy policies or terms of use, please use the form found on our Contact Us page.

Privacy Policy & Terms of Use last revised 01/04/2023