TERMS OF SERVICE

Effective Date: September 20, 2023

This page explains our Terms of Service (“Terms”). You must be 18 years of age or older to use this Website or its Content. When you use ashleysoto.me, you are voluntarily agreeing to these terms (“Agreement”). We reserve the right to change, amend, or otherwise alter these Terms without notifying you. These Terms detail your use of and access to our website, templates, products, downloads, member-paywalls, tools, services, and features (collectively, the “Services”) provided by Sotospeak, Inc. 

Please read these Terms carefully before using ashleysoto.me or any Sotospeak, Inc Services, as they include important information about your legal rights, disclaimers, limits of liability, and a dispute resolution clause that requires you to dispute or resolve any claim with us in arbitration. By agreeing to these Terms, you agree to the Dispute Resolution Clause and voluntarily waive your right to a jury trial. If you do not agree to all the Terms, you may not use or access our Services.

  1. Key Terms

1.1 “Company”, “we”, “our”, and/or “us” signifies Sotospeak, Inc, the owner of the Website, Ashley Soto as the President of Sotospeak, Inc, and ashleysoto.me.

1.2 “Content” includes all information on ashleysoto.me, including any and all emails received from Us (as defined herein), and any and all written or Downloadable material purchased, viewed, or otherwise offered on the Website (as defined herein), including by not limited to information, documents, and templates. 

1.3 “Service”, “Purchase”, “Download” and their derivative forms (Services, Purchased, Downloading, etc.) refers to any Content (as defined herein), Courses, Templates, Products, tools, features, and/or member-paywalls (as defined herein) downloaded or accessed for free or via your secure purchase. 

1.4 “Paid Services” includes any Content (as defined herein), Courses, Templates, Products, tools, features, and/or member-paywalls (as defined herein) downloaded or accessed only via your secure purchase, including using any promotions or gift cards that render them free of charge to you. 

1.5 “Website” means ashleysoto.me and any and all of its pages and sub-pages.

1.6 “You”,  “your”, “Licensee” includes customers, visitors, and users of this Website. 

2. Consent

By using this Website or making a Purchase, you voluntarily agree to accept these Terms of Service, our Privacy Policy, and Disclaimer. If you are using this Website, you are acknowledging that you are at least 18 years of age. If you are not at least 18 years of age, you are in violation of the Terms. 

3. Privacy

By using this Website, you confirm that you read and understood our Privacy Policy. However, it is not a contractual document and does not form part of this Agreement, and we may periodically change it. 

4. Acceptable Use

By using these Website and/or its Services, you agree to the following:

  • You will not threaten, harass, or abuse any individuals. 

  • You will not incite violence.

  • You will not publish sexually explicit, obscene, libelous, defamatory, or abusive material.

  • You will not publish, copy, download, post, or transmit content or Services that infringes on our or any other entity’s intellectual property rights. 

  • You will not condone or promote self-harm.

  • You will not condone or promote violence against any person or group based on race, ethnicity, nationality, religion, gender, gender identity, sexual preference, age or disability. 

  • You will not violate any laws through the Services, including without limitation all local laws regarding online conduct and acceptable content. 

  • You will not impersonate another person, company or entity, including ours. 

  • You will not share your username or password with anyone. 

  • You can only share non-paid Services with others for non-commercial purposes and give Sotospeak, Inc appropriate credit and link to the Website.

  • You will not claim that you are associated with Sotospeak, Inc. 

    5. Third Party Services and Sites

5.1 Services may be integrated with third-party services and applications (collectively, “Third Party Services”) that may make their content, products or services available to you. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We do not control Third Party Services, and we are not liable for Third Party Services or for any transaction you may enter into with them, or for how they operate. If you engage in our Services, we may receive revenue shares as affiliates of these Third Party Services. 

5.2 We may, without notice to you, suspend, disable access to or remove Third Party Services. We are not liable for any such suspension, disabling, or removal, including without limitation for any loss of profits, revenue, data, goodwill, or other intangible losses, or business disruption, costs or expenses you may incur or otherwise experience as a result (except where prohibited by applicable law). 

5.3 The Website may link to third-party or external websites. We do not control and are not liable for those sites and how those third parties operate. 

6. Feedback

Should you provide us with written, audio, or video feedback via testimonial, surveys, contact forms, direct emails, social media, or any other communication (collectively, “Feedback”), you grant us a perpetual, worldwide, royalty-free, non-exclusive right and license to use the content of that feedback for our business purposes. You agree that we may use your Feedback without any restriction or obligation to you, even after the Terms are terminated. You may only represent yourself in your Feedback, and by submitting Feedback, you acknowledge that you are not representing anyone but yourself. This Section does not limit or affect any rights you may have under applicable data protection laws.

7. Intellectual Property and Copyright

This Website and its Services are owned solely by Sotospeak, Inc and are protected by copyright, tradesecret, trademark and other US and foreign laws. These Terms do not grant you any right, title or interest in the Services. You agree not to change, modify, translate or otherwise create derivative works of the Services. You may not distribute, publicly display, or otherwise publish any of the Services. You may not use any Services in any way, intentional or otherwise, that competes, as determined by us in our sole discretion, with the Services. We may release Services that are still evaluating and testing, and we will label any such Services as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other Services. 

8. Limited License

You can view, use, or purchase Content or Services on this Website. As such, you are granted limited license to view, use or access our Content or Services as a “Licensee”. You may not violate these Terms unless authorized by us in writing. 

9. Member Accounts

If you purchase a membership to a Course or other Service, you must first create an account (“Account”). Please safeguard your Account and do not allow others to access your Account, passwords, or other authentication credentials (collectively, “passwords”). You are responsible for maintaining the confidentiality and security of your passwords. We are not liable for any acts or omissions by you or anyone else in connection with your Account. You must immediately notify us if your Account has been compromised. Services are intended for individuals 18 years of age or older. 

10. Paid Services and Fees

10.1 Paid Services. Certain Services are paid services. You can access certain Services by submitting a fee payment (such services, “Paid Services”). Paid Services will remain in effect until canceled or terminated by this Agreement. We will notify you of any fees for Paid Services before charging you. Transaction fees and additional fees may also apply to certain portions of the Services, and you will be notified of these fees before charging you. 

10.2 Taxes. All fees are exclusive of applicable national, provincial, state, local, or other taxes (“Taxes”). You are responsible for all applicable Taxes, and we will charge Taxes in addition to the fees for Paid Services when required to do so. If Sotospeak, Inc has legal obligation to pay or collect indirect Taxes on the sale to you under the laws of your country, you shall be liable for payment of any such indirect Taxes. Where Sotospeak, Inc does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country. 

10.3 Refund Policy. All sales are final, and there are no refunds unless legally required. 

10.4 Fee Changes. We may change our fees at any time, and new fees will not apply retroactively. 

10.5 Chargeback. If you contact your bank or credit card company to decline, chargeback or otherwise reverse a charge of any payable fees to use (“Chargeback”), we may automatically terminate your Account. If you have any questions about a payment made to us, please contact us at sotospeakinc@gmail.com before filing a Chargeback. We reserve the right to dispute any Chargeback. You release us from any and all damages you may incur.

10.6 Payment Processor. We use third-party payment processors (each, a “Payment Processor”). The processing of payments will be subject to terms, conditions, and privacy policies of the Payment Processor, in addition to this Agreement. You agree to pay us, through our Payment Processor, all charges at the prices then in effect of any purchases in accordance with the applicable payment terms. You agree to make payment using the payment method you provide. We reserved the right to correct, or instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received. You may be subject to additional fees from Third Party Services or Payment Processors.

10.7 Purchase Terms. You agree not to distribute, publicly display, copy, share, or otherwise publish any of our Paid Services, intentional or otherwise. You agree not to distribute, publicly display, copy, share, or otherwise publish any of our Paid Services for commercial use, intentional or otherwise.

10.8 Assumption of Risk. Purchase of any Paid Services are at your own risk. You are responsible for any use or misuse of your Purchase, Content, Services, and/or Paid Services. You will not hold us responsible or liable for any use or misuse of your Purchase, Content, Services, and/or Paid Services. 

10.9 Errors and Omissions. We cannot guarantee that our Content, Services, and/or Paid Services will be free from error. 

11. Our Rights

We reserve the right at any time and in our sole discretion and without liability or notice to you (except where prohibited by applicable law): 

  • Change parts or all of our Services and their functionality 

  • Suspend or discontinue parts or all of our Services

  • Terminate, suspend, restrict or disable your access to or use of parts or all of our Services

  • Terminate, suspend, restrict, or disable access to your Account


    12. Term and Termination

This Agreement will remain in effect until terminated by either you or us. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.

13. Disclaimer

To the fullest extent permitted by applicable law, Sotospeak, Inc makes no warranties, either expressed or implied, about the Services or Paid Services. The Services and Paid Services are provided “as is” or “as available.” Sotospeak, Inc also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information shall create any warranty. Sotospeak, Inc makes no warranty or representation that the Services or Paid Services will be timely, uninterrupted or error-free; meet your requirements or expectations; or be free from viruses or other harmful components. There are no guarantees or claims made regarding results.

14. Limited Liability

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Sotospeak, Inc and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not Sotospeak, Inc has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of Sotospeak, Inc for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty dollars ($20) or the amounts paid by you to Sotospeak, Inc in the twelve (12) months immediately preceding the event that gave rise to such claim. 

15. Indemnification

To the fullest extent permitted by law, you agree to indemnify and hold harmless Sotospeak, Inc and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, "Losses") arising out of or related to: (a) your breach of this Agreement; (b) any claims, suits, charges, demands, liabilities, damages and/or costs, known or unknown; and (c) your violation of any law or regulation or the rights or good name of any third party. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement to the extent that the consequences were not reasonably foreseeable.

16. Dispute Resolution

16.1 Informal Resolution. Before filing a claim against Sotospeak, Inc, you agree to try to resolve the dispute by first emailing sotospeakinc@gmail.com with a description of your claim and proof of your relationship with Sotospeak, Inc. We will try to resolve the dispute informally by following up via email, phone or other methods. If we can’t resolve the dispute within sixty (60) days of our receipt of your first email, you or Sotospeak, Inc may then bring a formal proceeding.

16.2 Arbitration.

16.2.1 You and Sotospeak, Inc agree to resolve any claims, disputes and matters arising out of or in connection with this Agreement (including without limitation its existence, formation, operation and termination) and/or the Services (including without limitation non-contractual disputes and matters) through final and binding arbitration and you and Sotospeak, Inc expressly waive the right to formal court proceedings (including without limitation trial by jury), except as set forth in this Section. Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit, and other rights that you and we would have in court may not be available in arbitration. There is no judge or jury in arbitration, only an experienced, independent third party that will act as the arbitrator, and court review of an arbitration award is limited.

16.2.2. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator further has the right to impose sanctions, in accordance with the Arbitration Provider Rules (as defined below), including for: (a) any frivolous claims or submissions the arbitrator determines have not been filed in good faith; or (b) a party’s failure to comply with this Section 16. For avoidance of doubt, the right to impose sanctions includes the right to shift arbitration fees if permitted by the Arbitration Provider Rules.

16.2.3. Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted and the factual allegations on which those claims are based, and must include proof that the claimant is party to these Terms. The arbitrator may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11 and any similar standards in other jurisdictions), including for any claim filed on behalf of a claimant who is not a party to these Terms. 

16.2.4. Arbitration Time For Filing. Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

16.2.5. Arbitration Procedures. The arbitration will be administered by either National Arbitration and Mediation (“NAM”) or the American Arbitration Association (“AAA”) before a single arbitrator. “Arbitration Provider” shall mean NAM and AAA. If the applicable Arbitration Provider is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider. Except as modified by this Section 16, the applicable Arbitration Provider will administer the arbitration in accordance with its dispute resolution rules and procedures in effect at the time any demand for arbitration is filed (collectively, “Arbitration Provider Rules”), including without limitation those rules and procedures relating to mass arbitration filings, but excluding any rules or procedures governing or permitting class or representative actions. Each party is responsible for its own attorneys’ fees, except to the extent otherwise provided by the Arbitration Provider Rules, the arbitrator and/or applicable law. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including without limitation reasonable attorneys’ fees and costs), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction in Los Angeles, California. “Arbitrator” as used in this Section 16 shall be understood to include the Arbitration Provider.

16.2.6. You and Sotospeak, Inc agree that: (a) this Agreement affects interstate commerce, so the US Federal Arbitration Act and federal arbitration law apply and govern the interpretation and enforcement of this Section 16 (despite Section 17 below); and (b) any arbitration hearings shall occur at a location to be agreed upon in Los Angeles, CA, be administered by NAM or AAA in English, and be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of NAM or AAA arbitrators in accordance with the NAM or AAA Rules (as defined below).

16.2.7. Arbitration Provider Rules. Without limiting the generality of the foregoing: (a) the applicable Arbitration Provider Rules for NAM include NAM’s Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Dispute Resolution Rules and Procedures (“NAM Rules”), and (b) the applicable Arbitration Provider Rules for AAA include the Comerical Arbitration Rules and Mediation Practices Arbitration Rules (“AAA Rules”). The NAM Rules are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Dept. at commercial@namadr.com. The AAA Rules are available at www.adr.org or by calling General Enquiries at 800-788-7879.

16.2.8. No Class or Consolidated Arbitration Absent Written Consent. Except to the extent Sotospeak, Inc in our sole discretion consents in writing, Sotospeak, Inc does not agree or consent under any circumstances to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims.

16.2.9. Arbitration Fees. The Arbitration Provider Rules will govern payment of all arbitration fees. We won’t seek our attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The parties agree that the Arbitration Provider has discretion where it deems appropriate to reduce the amount or modify the timing of any administrative or arbitration fees due under the applicable Arbitration Provider Rules, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good faith challenge by either party to the fees imposed by the Arbitration Provider does not constitute a default, waiver, or breach of this Section 16 while such challenge remains pending before an arbitrator and/or a court of competent jurisdiction in Los Angeles, California, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

16.2.10. Exceptions To Arbitration Agreement. Notwithstanding anything in this Agreement, either you or Sotospeak, Inc may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement or misappropriation (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above. You or Sotospeak, Inc. may assert claims, if they qualify, in small claims court in Los Angeles, California.

16.2.11. Time For Filing. Any claim not subject to arbitration must be commenced within one (1) year after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. If applicable law prohibits a one (1) year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

16.2.12. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action. Class actions, class arbitrations, collective actions, private attorney general actions and consolidation with other arbitrations aren't allowed, except to the extent Sotospeak, Inc in our sole discretion consents in writing pursuant to Section 16.2.8.

17. Controlling Law

17.1 Governing Law. This Agreement shall be construed in accordance with the laws of the State of California applicable to agreements which are executed and fully performed within the State of California.

17.2 Jurisdiction. You agree to the exclusive jurisdiction in a Los Angeles County court in connection to any matter arising out of these Terms of Service, Privacy Policy, Disclaimer, or as a result of your use or any Purchase from this site.

18. Contact

If you have any questions regarding these Terms of Service, contact us at sotospeakinc@gmail.com.

19. Entire Agreement

This Agreement, the Privacy Policy, and Disclaimer reflect the complete understanding between you and Sotospeak, Inc and supersedes all prior discussions, communication, and understandings, or otherwise between the parties and in entering into this Agreement you acknowledge that you are not relying on any representations of any party to this Agreement or otherwise, whether oral or written, not specifically set forth herein.