Conditions of Use

Toastmasters.org Terms and Conditions of Use

These Conditions of Use (“Conditions of Use”) apply to the Toastmasters International website located at www.toastmasters.org, and all associated sites linked to www.toastmasters.org by Toastmasters, its subsidiaries and affiliates, including www.members.toastmasters.org  as well as Toastmasters mobile sites, applications and features (collectively "the Site"). The Site is owned by Toastmasters International ("us," "we"). Access to and use of the Site is subject to these Conditions of Use) and all applicable laws.

By accessing, using or browsing the Site, you ("you," "User" or "Users") agree to be bound by these Conditions of Use and accept, without limitation or qualification, these Conditions of Use and all terms, policies, guidelines or other notices incorporated by reference, whether you are a member of the public or a member of a Toastmasters club. If you do not agree to these Conditions of Use, do not use or access this Site. By using this Site, you represent and warrant that you are over the age of 18 (or for non-U.S. users, such older minimum age as may be required by applicable local law) and are lawfully able to accept these Conditions of Use.

These Conditions of Use govern your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with Toastmasters International. Any additional terms that govern certain products and services will be presented in conjunction with those products and services, also see Privacy Policy.

Membership

This website is open to the public in that non-members of Toastmasters International may visit, view pages and purchase items in the online store. In order to make purchases; however, a free registration on the website is required. Registration on the website does not constitute membership in Toastmasters International.

Accounts, Passwords, and Security

You may be required to set up an account to use the Site or portions of it. If you are required to set up an account, you agree to provide accurate, current and complete information about yourself as required, to maintain and update such information, and to be fully responsible for all use of your account and for any actions or activities that take place using your account.

If you use this site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Toastmasters immediately of any unauthorized use of your account or password. Any misconduct, fraudulent, abusive or otherwise illegal activity on this Site by you may be grounds for termination of your account or rights to use this Site, at Toastmaster’s sole discretion, and we may refer you to appropriate law enforcement agencies.

Toastmasters International reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

Electronic Communications

When you visit Toastmasters.org or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. 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.

Site Content

Unless otherwise indicated, all of the content, information design, text, articles, graphics, public service announcements, illustrations, photographs, images, data, video, moving images, sounds, audio, music, software, applications, artwork, user interfaces, trademarks, logos, computer code, features, promotions and forums contained or displayed on this Site and any products and services (collectively “Site Content”), including, but not limited to, the design, structure, expression, “look and feel,” selection and arrangement of such Site Content is owned and/or controlled by Toastmasters International, its licensors or third-party partners, or used with permission and is legally protected, without limitation, under U.S. federal and state, and foreign, laws, regulations, and treaties, including copyright, trademark, patent, moral rights, trade dress and other laws relating to the protection of intellectual property and unfair competition.

Except as otherwise set forth in these Conditions of Use, a User of this Site may download or print a single copy of any applicable Site Content for personal, noncommercial informational use, provided the User does not a) remove any trademark, copyright, or other notice contained therein and b) copy or post such Content on any networked computer. No use of Site Content in a publication or for commercial purposes is permitted without the prior written permission of Toastmasters; please see Terms of Trademarks and Copyright Use and the Trademark Use Request for attribution and requesting permission.

Copyright

All Site Content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Toastmasters International or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Toastmasters International and protected by U.S. and international copyright laws. All software used on this site is the property of Toastmasters International or its software suppliers and protected by United States and international copyright laws. Please see Terms of Trademarks and Copyright Use for further information.

Trademarks

Toastmasters.org’s trademarks may not be used in connection with any product or service that is not Toastmasters International’s, in any manner that is likely to cause confusion among customers. Please see Terms of Trademarks and Copyright Use for further information.

License and Access

Toastmasters International grants you a limited license to access and make personal use of Toastmasters.org and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Toastmasters International. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Toastmasters International. 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 Toastmasters.org without express written consent. You may not use any meta tags or any other "hidden text" utilizing Toastmasters International’s name or trademarks without the express written consent of Toastmasters International. Any unauthorized use terminates the permission or license granted by Toastmasters International. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Toastmasters.org from your club’s website, so long as the link does not portray Toastmasters International or its products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any Toastmasters International logo or other proprietary graphic or trademark without express written permission.

Linking Policy

Toastmasters welcome Toastmasters clubs, members, and others to link to this Site. Links may resolve to the home page, www.toastmasters.org, or to specific pages within this Site. Direct linking to individual files (i.e., images, multimedia files, etc.) is not permitted. You may not use a Toastmasters International trademark, other proprietary Toastmasters content, or Site Content to link to this Site. Links to this Site should not assert or imply an endorsement by or affiliation with Toastmasters.

Privacy Policy and Other Terms and Conditions

Toastmasters is committed to protecting your privacy. Please review our Privacy Policy, which governs your interactions with Toastmasters International as well as your visits to Toastmasters.org. By using this Site, you acknowledge and agree that any messages or information you post or send to this Site may be read or intercepted by others, as the Internet is never completely private or secure.

The Terms of Trademarks and Copyright Use also govern and apply to your use of the Site. Each of these policies may be changed from time to time and such changes are effective immediately upon posting. If there is a conflict between these Conditions of Use and the terms posted for or applicable to a specific portion of the Site, including for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that specific portion of the Site or product or service.

User Forums

This Site may include social networking tools, discussion forums, blogs, bulletin boards, message boards, other interactive areas or services, or other areas or services in which you can post messages, comments, materials, photos, information, updates, opportunities, recommendations, etc. (collectively, "User Forums").

Users should be aware that the ideas you post and information you share may be seen and used by others. To protect your safety, privacy and intellectual property, please consider that when you voluntarily disclose personal information and ideas on the User Forums, that information can be collected and used by others. Toastmasters is not responsible for another person or entity’s misuse or misappropriation of any content, ideas or information you post on the Site and/or in User Forums.

The information and opinions expressed in the User Forums are not those of Toastmasters or its affiliates or subsidiaries, and Toastmasters makes no representations or warranties regarding such posted materials. You are entirely responsible for your use of any User Forums and use the User Forums at your own risk.

User Generated Content

By placing, submitting, displaying, transmitting, and/or posting material or content on the Site, including, but not limited to, text, messages, comments, data, music, audio, photographs, images, graphics, animations, designs, ideas, video, sound recordings, other audio-visual content, code or other material (collectively, "User Content"), you acknowledge that while Toastmasters is not obligated to prescreen, review, monitor, or edit User Content, Toastmasters reserves the right to delete, remove, modify, move, block or refuse (without your notice or permission) any User Content for any reason. While Toastmasters reserves the right to moderate the User Forums, Toastmasters is not responsible in any manner for any of the content that Users post. The term "User Content" also includes, without limitation, and refers to all of the information you submit or we may receive related to your account. "Post" and "posting" means, including, but not limited to, to upload, post, transmit, share, store, link or otherwise make available on or through the Site.

You own the User Content and the information you provide to Toastmasters under these Conditions of Use, and may request its deletion at any time, unless you have shared User Content or information with others and they have not deleted it, or it was copied or stored by other Users. Additionally, you automatically grant to Toastmasters a worldwide, perpetual, royalty-free, irrevocable, nonexclusive, and sublicensable license to the User Content and any information you provide Toastmasters, indirectly or directly, including without limitation the rights of Toastmasters to use, copy, reproduce, distribute, modify, adapt (including without limitation the rights to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), publish, reformat, display, perform, broadcast, transmit, exhibit, excerpt, translate, host, cache, index, encode, tag, archive, store, create derivative works from and otherwise exploit all or portions of the User Content you post, upload, incorporate, or make available on this Site, User Forums, and any website owned by Toastmasters,  including any User Content posted on or to the Site or Services through a third party, in any form, format, medium, or technology now known or later developed for any purpose, including advertising and promotion without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted to Toastmasters, in Toastmaster’s sole discretion. You automatically waive all "moral rights" with respect to the posted User Content in perpetuity. You grant Toastmasters the right to use any material, information, ideas, concepts, know-how or techniques contained in any User Content you provide or otherwise submit to Toastmasters for any purpose whatsoever, including but not limited to, commercial purposes and developing manufacturing and marketing commercial products using such information. You will not be entitled to any compensation for any of the rights you grant to Toastmasters in and to User Content or in this paragraph. You authorize Toastmasters to use your name, likeness, and any other personal or biographical information in connection with use of the User Content you provide. You agree that Toastmasters may use or disclose information about you or your use of this Site without your consent or notice, including User Content, to comply with laws and requests by governmental or regulatory agencies, to protect and/or defend Toastmaster’s rights or property, or to protect the safety of Toastmasters, Toastmaster’s employees and membership, or the public.

Toastmasters takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by Users or any third party, or for any loss or damage, including on any third party social networking websites in which Toastmasters maintains a profile. Nor is Toastmasters responsible or liable for any mistakes, defamation, slander, libel, omissions, obscenity or pornography that exists on the Site, or third party social networking websites in which Toastmasters maintains a profile, or that User may encounter. Toastmasters does not guarantee the accuracy, integrity, or quality of User Content. Toastmasters does not endorse or support any opinions expressed in any User Content or on any third party social networking websites in which Toastmasters maintains a profile and makes no claim that User Forums or User Content is appropriate for any particular purpose or audience. All User Content is the sole responsibility of the person who provided it.

Your Representations and Warranties

Each time you post or upload User Content, you confirm your acceptance of and agreement to be bound by these Conditions of Use and the other terms that also govern and apply to your use of the Site, as they are incorporated by reference. You are solely responsible for User Content that you post or provide on the Site and on third-party social networking websites in which Toastmasters maintains a profile. By posting any content on the Site and/or User Forums, you automatically agree to indemnify Toastmasters from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of these Conditions of Use and those terms incorporated herein and the below posting restrictions.

By placing, submitting, displaying, transmitting, and/or posting User Content on or through the Site or Services, you represent and warrant that: 1) you own all of the rights to User Content that you post or otherwise have all necessary rights to post such User Content and grant Toastmasters the rights set forth in these Conditions of Use to use such User Content; 2) User Content and other materials submitted by you does not violate or infringe upon the rights of any third party, including, but not limited to, copyright, trademark, privacy, or other personal or proprietary rights; 3) User Content will not cause injury to any person or entity and does not contain libelous or otherwise unlawful material; and 4) use and posting of User Content and other materials does not violate these Conditions of Use.

Your Use of the Site

When using the User Forums and submitting any User Content you must:

  • Comply with all applicable laws and these Conditions of Use;
  • Be respectful–do not insult, threaten, harass, or abuse; do not use profanity or obscene language. Hate speech or discrimination of any kind is grounds for immediate suspension of access to the Site; and
  • Protect yourself–do not reveal personal/confidential or proprietary information

You shall NOT submit, upload, or post to the Site or User Forums any User Content that:

  • Violates a person’s or entities’ rights, including copyright, trademark or patent rights or other proprietary rights;
  • Contains music, photographs, art or images that you do not own or have permission to use;
  • Contains the name, trademark, trade name, service mark or logo of another party;
  • Contains the voice, likeness, or image of any person, firm or enterprise for which you do not have permission to post; or libels, defames or invades the privacy rights of any person;
  • Falsifies or deletes author attributions, legal notices or other proprietary designations;
  • Contains viruses, corrupted files or other materials that may cause damage to another's computer;
  • Advertises or otherwise solicits funds, or promotes or offers for sale or trade any goods or services, except in areas of the Site specifically designated;
  • Interferes with any third party’s use of this Site;
  • Is or contains political campaigning, junk mail, spam, repetitive messaging chain letters, pyramid schemes or solicitations;
  • Is inaccurate, false, misleading or fraudulent; or
  • Contains any contact information or private information of any third party.

In using the Site or User Forums, you shall not:

  • Violate any law or advocate the performance of any illegal activity;
  • Collect contact information of other Users of the Site by electronic or other means for any purpose whatsoever, including, but not limited to, sending unsolicited e-mails or other unsolicited communications;
  • Use or attempt to use another User’s account or password;
  • Impersonate any person or entity, or otherwise misrepresent yourself, your age or your affiliation with Toastmasters or any other person or entity;
  • Solicit personal information from anyone, including those under 18, or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Upload or transmit viruses or other harmful files, materials, or code;
  • Impose a large load on the infrastructure of the Site or any systems or networks connected to the Site; and/or
  • Interfere with, attempt to interfere with or otherwise harm or violate the proper working of the Site or the security of the Site, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site.

Any use of the User Forums or the Site in violation of the foregoing violates these Conditions of Use and may result, among other actions, in termination or suspension of your rights to use the User Forums and/or the Site. Any decision as to whether User Content violates these Conditions of Use or Toastmaster’s posting rules will be made in Toastmaster’s sole discretion.

Toastmasters Mobile Services and Applications

This Site and some of the features and Site Content available on this Site, including applications and services, may be available via a mobile phone, including, but without limitation, the ability to browse the Site and upload content from the Site or to the Site via your mobile phone ("Mobile Services"). You acknowledge that you are responsible for all charges and necessary permissions related to these Mobile Services and accessing the Site through your mobile access provider. By using the Mobile Services, you agree that Toastmasters may communicate with you through text message or other electronic means via your mobile phone/device and that certain information about you including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location or web pages containing Toastmasters plugins that load in your browser may be communicated to Toastmasters.

Transactions and E-commerce

Additional terms and conditions may apply to purchases of goods or services and these terms and conditions are made part of these Conditions of Use by this reference. You agree to abide by such terms and conditions, including representing that you are of sufficient legal age to engage in a transaction. Credit card transactions are often handled by a third-party processing agent, bank, or institution. Toastmasters cannot and does not take responsibility for the success or security of transactions undertaken or processed by third parties. Your participation in any promotions, correspondence or dealings, including business dealings, with any third party found on or through the Site, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party and at your own risk. Toastmasters shall not be responsible or liable for any part of any such dealings or promotions, including any loss, damage, or other matters of any sort. Toastmasters may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.

Risk of Loss

All items purchased from Toastmasters.org 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.

Product Descriptions

For product descriptions, Toastmasters.org attempts to be as accurate as possible. However, Toastmasters International does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Furthermore, images of products may not reflect colors accurately as your monitor may be set to different levels of color intensity and/or brightness.

Product Availability

Toastmasters International makes every effort to ship products in a timely fashion. At times, it may be difficult to predict if the warehouse will run out of stock on a product. If you order a product and then it is determined that it is out of stock, you will be notified of the delay in processing your order. If there will be a significant delay in restocking the product, Toastmasters may ship other portions of your order as scheduled and then ship the late product when it becomes available. Prices, availability, appearance of all products and postage charges are subject to change without notice. Any duties and taxes incurred are the responsibility of the person placing the order.

Customs Declarations

All packages sent from Toastmasters International to countries outside the U.S. are required by the U.S. Postal Service to have an electronic customs declaration form (form CN-22). The information on the form will determine if duties are required for items included in the shipment. Because regulations, duties and taxes vary by country, members are advised to consult their local customs authority to determine if an item they plan to purchase from the Toastmasters Online Store is subject to duties and fees.

Returns

Products cannot be returned or exchanged except in the following circumstances: If a product offered by Toastmasters.org is not as anticipated, the wrong product is received, or a product is received damaged, your sole remedy is to return it in unused condition within 30 days from date of delivery for an exchange or refund. The packing slip or a copy of the original invoice must accompany the returned material.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY TOASTMASTERS INTERNATIONAL ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOASTMASTERS INTERNATIONAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TOASTMASTERS INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. TOASTMASTERS INTERNATIONAL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR EMAIL SENT FROM TOASTMASTERS.ORG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TOASTMASTERS INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE CONDITIONS OF USE OR THE WEBSITE MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless Toastmasters International, including their respective directors, trustees, officers, committee members, employees, agents, contractors, subcontractors and representatives ("Toastmasters Indemnitees") from and against all claims (including, claims of patent, trademark and copyright infringement), demands, actions, damages, losses, costs, liabilities, expenses (including reasonable attorneys' fees and other legal expenses), awards, fines and judgments asserted against or recovered from Toastmasters Indemnitees due to, arising out of or in connection with your use of the Site and any User Content you post. Toastmasters shall not be liable in any way for injuries to persons or damages to property incurred or suffered by you or any of your subcontractors, agents, heirs, successors or assigns, or any person related to you in any way.

International Users

This Site is controlled, operated, and administered by Toastmasters from its headquarters. You may not use this Site or export the Site Content in violation of U.S. export laws and regulations. If you access this Site from a location outside the U.S., you are responsible for compliance with all applicable laws. Although the Site is accessible worldwide, Toastmasters makes no claim that the Site and the Site Content may be accessed, used or downloaded outside the United States or are appropriate for use or legal outside the United Sates. If the Site and Site Content are available outside the United States, your access, use and download thereof and participation in any promotion is at your own risk.

Applicable Law

By visiting Toastmasters.org, you agree that the laws of the State of California, 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 Toastmasters International.

Disputes

Any dispute relating in any way to your visit to Toastmasters.org or to products you purchase through Toastmasters.org shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate Toastmaster International’s intellectual property rights, Toastmasters International may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Violations of these Conditions of Use

Toastmasters reserves the right, without notice and in its sole discretion, to terminate your access to the Site and/or block your access to the Site if we determine that you have violated these Conditions of Use or other agreements or terms which may be associated with your use of the Site. In the event of termination of your use of this Site for any reason, you agree that the following provisions of these Conditions of Use will survive: limitations on your use of Site Content, copyright complaints, trademark complaints, the license(s) you have granted to Toastmasters, warranties, disclaimers, indemnification, limitation of liability, applicable law and disputes. If Toastmasters does take legal action against you as a result of your violation of these Conditions of Use, Toastmasters will be entitled to recover from you all reasonable fees, including attorney fees, and costs of such action, in addition to any other relief Toastmasters may have at law or in equity.

Site Policies, Modification, and Severability

We reserve the right to make changes to our websites, policies and these Conditions of Use at any time without notice. All changes are effective immediately when we post them and apply to all access to and use of the Website. No waiver by Toastmasters of any term or condition set forth in these Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Toastmasters to assert a right or provision under these Conditions of Use shall not constitute a waiver of such right or provision. 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.

To contact Toastmasters International:

Toastmasters International
World Headquarters
23182 Arroyo Vista
Rancho Santa Margarita, CA 92688-2620
Phone: 949-858-8255 
Fax: 949-858-1207
Email