Terms of Service

Last updated: July 8, 2019

These Terms of Service constitute a legally binding agreement (“Agreement”) between you and SignGlasses, LLC (“Company” or “SignGlasses”) governing your relationship with SignGlasses, your use of the SignGlasses Platform (as defined below), Company’s website (SignGlasses.com or the “Site”), Company’s software suite (“Software”), and mobile applications (“Apps”). The platform services provided by Company, Software, the Site and Apps together are hereinafter collectively referred to as the “SignGlasses Platform.”

  1. SignGlasses Platform Connects Producers, Purchasers, and Communication Access Providers

    The SignGlasses Platform is a web-based communications platform which enables connections between and among Customers, Deaf Users, and independent contractor communication access providers (“Communication Access Providers”). Customers and Deaf Users use the SignGlasses Platform to obtain services from a Communication Access Provider. This process of selecting and obtaining communication access and speech-to-text services is referred to herein as “Communication Access Services.” Customers, Deaf Users, and Communication Access Providers together are hereinafter referred to as “Platform Users.”

    COMMUNICATION ACCESS PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OF COMPANY.

    COMPANY DOES NOT PERFORM COMMUNICATION ACCESS SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM COMMUNICATION ACCESS SERVICES.

    PLATFORM USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A COMMUNICATION ACCESS PROVIDER’S WORK AND IS NOT RESPONSIBLE FOR THE WORK PERFORMED OR THE COMMUNICATION ACCESS SERVICES IN ANY MANNER.

    The SignGlasses Platform enables connections between Platform Users for the fulfillment of Communication Access Services. The Company is not responsible for the performance of Communication Access Providers, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Customers, Deaf Users, Communication Access Services and Communication Access Providers except as expressly stated herein. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Communication Access Services requested and services provided by Platform Users identified through the SignGlasses Platform whether in public, private, or offline interactions.

  2. Platform User Vetting and Platform User Representation and Warranties

    Communication Access Provider Vetting Should be Performed by Deaf Users and Customers

    Company conducts a limited screening process of Communication Access Providers, requiring only upon application that Communication Access Providers represent that 1) they are qualified to provide requested Communication Access Services and 2) they present evidence of licensure status, if a license required by the state in which they live. Any other desired vetting should be performed directly by Deaf Users and Customers. Such vetting may be facilitated by Platform User review portion of the SignGlasses Platform.

    When interacting with other Platform Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLATFORM USER AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SIGNGLASSES PLATFORM.

    Communication Access Provider Representations and Warranties

    By using the SignGlasses Platform, you represent and warrant that that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You represent and warrant that you have read, understand and are required to agree to and accept be bound by these Terms of Service and, the Privacy Policy in order to access and use the SignGlasses Platform. You hereby warrant and represent that you will respect the privacy, property and data protection rights of Platform Users and that you will not record (whether video or audio or otherwise) any Communication Access Services or any interaction by or with any User and/or Company in connection with SignGlasses Platform without the prior written consent of any relevant Platform User. You further represent and warrant that you will fulfill the commitments you make to other Platform Users including paying/receiving payment through the SignGlasses Platform, communicating clearly and promptly through the SignGlasses Platform, being present and/or available at the time you agree upon with another Platform User, only utilizing the payment processing system specified or approved by us to make or receive payment for services provided through the SignGlasses Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Platform Users. Communication Access Providers additionally represent and warrant that you will provide timely, high quality services to other Platform Users, you will only offer and provide services for which you have the necessary skills and expertise and you will provide the Communication Access Services safely. Communication Access Providers additionally represent and warrant that they hold all applicable licenses and certification necessary to perform the Communication Access Services for which they are hired. Communication Access Providers hired pursuant to their use of the SignGlasses Platform acknowledge they will personally perform the Interpretation Service for which they are hired.

    Customer Representations and Warranties

    By using the SignGlasses Platform, you represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You represent and warrant that you have read, understand and are required to agree to and accept be bound by these Terms of Service and, the Privacy Policy in order to access and use the SignGlasses Platform. You hereby warrant and represent that you will respect the privacy, property and data protection rights of Platform Users and that you will not record (whether video or audio or otherwise) any Communication Access Services or any interaction by or with any Platform User and/or Company in connection with SignGlasses Platform without the prior written consent of any relevant Platform User. You further represent and warrant that you will fulfill the commitments you make to other Platform Users including paying/receiving payment through the SignGlasses Platform, communicating clearly and promptly through the SignGlasses Platform and/or respond to invitations promptly, being present and/or available at the time you agree upon with the other Platform User. You also represent and warrant that you will act professionally and responsibly in your interactions with other Platform Users, and further that you will supervise Deaf Users in their use of the SignGlasses Platform.

    Platform User Representations and Warranties

    By using the SignGlasses Platform, you represent and warrant that you have read, understand and are required to agree to and accept to be bound by these Terms of Service and the Privacy Policy in order to access and use the SignGlasses Platform. You hereby warrant and represent that you will respect the privacy, property and data protection rights of Platform Users and that you will not record (whether video or audio or otherwise) any Communication Access Services or any interaction by or with any Platform User and/or Company in connection with SignGlasses Platform without the prior written consent of any relevant Platform User. You further represent and warrant that you will fulfill the commitments you make to other Platform Users, communicating clearly and promptly through the platform and/or respond to invitations promptly, being present and/or available at the time you agree upon with the other Platform User. You also represent and warrant that you will act professionally and responsibly in your interactions with other Platform Users

  3. Contracts between Customers and Communication Access Providers, Billing and Payment

    A Service Agreement is formed when you agree on the terms of Communication Access Services with another Platform User. Platform Users agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally with assistance from Company representatives for at least thirty (30) days before initiating any proceeding between the parties.

  4. Release

    The SignGlasses Platform is a venue for connecting Platform Users. In the event that you as a Platform User have a dispute directly with one or more other Platform Users, you agree to release the Company and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

    COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN PLATFORM USERS.

  5. Public Areas; Acceptable Use

    Without limitation, while using the SignGlasses Platform, you may not:

    • Use the SignGlasses Platform in a manner which is false or misleading.

    • Use the SignGlasses Platform to defame, harass, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.

    • Use the SignGlasses Platform to publish inappropriate, obscene or unlawful topics, name, material or information on the SignGlasses Platform.

    • Use the SignGlasses Platform for any unsuitable purpose

    • Use the SignGlasses Platform in any manner that violates local, state, national, or international law.

    • Use the SignGlasses Platform to imply or state that any statements you make are endorsed by Company.

    • Scrape the SignGlasses Platform in any manner.

    • Use the SignGlasses Platform in violation of this Agreement.

  6. Termination and Suspension

    The Company may terminate, limit or suspend your right to use the SignGlasses Platform in the event that we believe that you have breached this Agreement.

    Furthermore, the Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the SignGlasses Platform at its sole discretion. The Company is not liable to you for any modification or discontinuance of all or any portion of the SignGlasses Platform. The Company has the right to restrict anyone from completing or maintaining registration as a Platform User if the Company believes such person may threaten the safety and integrity of the SignGlasses Platform, or if, in the Company’s discretion, such restriction is necessary to address any other reasonable business concern.

    You may terminate this Agreement at any time by ceasing all use of the SignGlasses Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

  7. Account Information

    You must register with Company and create an account to use the SignGlasses Platform. In registering for the SignGlasses Platform, you agree to (1) provide true, current, and complete registration data; and (2) maintain and promptly update the registration data to keep it true, current, and complete. Additional information regarding registration is presented by the Company during registration. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the SignGlasses Platform. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any Platform User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.

  8. Your Information and Likeness

    “Your User Information” is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the SignGlasses Platform. You are solely responsible for Your User Information, and we act merely as a passive conduit for your online distribution and publication of Your User Information.

    You hereby represent and warrant to Company that Your User Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene in any way; and (g) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

    The SignGlasses Platform hosts limited reviews and ratings. Each Platform User should undertake their own research to be satisfied that a specific Communication Access Provider is the right person for the desired Communication Access Services. You agree that Company is not liable in connection with any issued review or rating. Company encourages each Platform User to give objective, constructive and honest Feedback about the other Platform Users with whom they have transacted.

    Each Platform User acknowledges that as to any materials submitted to the SignGlasses Platform, the Company shall have a license to use such materials, and shall not owe any financial or other remuneration for using the materials provided hereunder.

  9. The SignGlasses Platform is Neither an Employer Nor an Employment Service

    COMPANY DOES NOT PERFORM COMMUNICATION ACCESS SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM COMMUNICATION ACCESS SERVICES.

    Platform Users do not have authority to enter into written or oral contracts on behalf of the Company. Each Platform User acknowledges that the Company does not, in any way, supervise, direct, control or monitor a Communication Access Provider’s work or Communication Access Services performed in any manner. Company does not set a Communication Access Provider’s work hours or location of work. The Company will not provide any equipment, labor or materials needed for Communication Access Services.

    The SignGlasses Platform is not an employment service and Company is not an employer of any Platform User. As such, Company is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of Platform Users’ Communication Access Services.

  10. Responsibility for Use of Communication Access Services

    Any Communication Access Services that are accepted by a Platform User are subject to the rates and charges indicated on the SignGlasses Platform and the terms and conditions of any agreement entered into between such Platform User and Company, and these Terms.

  11. SignGlasses Voluntary Efforts to Resolve Disputes Between Platform Users

    SignGlasses desires its Platform Users to be pleased with their experience. Thus, SignGlasses will voluntarily engage in non-mandatory dispute resolution efforts in an effort to promote satisfaction among Platform Users. To initiate the process, any Platform User may email: support@signglasses.com.

  12. Intellectual Property Rights

    The SignGlasses Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

  13. Disclaimer of Warranties

    USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

    THE SIGNGLASSES PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SIGNGLASSES PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE SIGNGLASSES PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SIGNGLASSES PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SIGNGLASSES PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SIGNGLASSES PLATFORM WILL BE UNINTERRUPTED OR THAT THE SIGNGLASSES PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SIGNGLASSES PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY INTERPRETATION SERVICE OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SIGNGLASSES PLATFORM. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY PLATFORM USER. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SIGNGLASSES PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE SIGNGLASSES SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE INTERPRETATION SERVICE AND SELECTING THEIR COMMUNICATION ACCESS PROVIDER AND COMPANY DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR COMMUNICATION ACCESS PROVIDER. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY COMMUNICATION ACCESS PROVIDER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

  14. No Liability

    YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE SIGNGLASSES PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SIGNGLASSES PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY PLATFORM USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS.

    UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SIGNGLASSES PLATFORM OR THE COMMUNICATION ACCESS SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

  15. Indemnification

    You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, successors and assigns, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use of or inability to use the SignGlasses Platform or Communication Access Services, or (ii) your breach or violation of this Agreement or any other agreement between you and a User or the Company; (iii) your violation of any law the rights of any Platform User or third party (iv) any content submitted by you or someone using your account to the SignGlasses Platform, including, but not limited to the extent such content may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

  16. Governing Law and Mandatory Jurisdiction and Venue

    All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Utah. Any action arising out of or relating to this Agreement must be exclusively brought in the courts of Salt Lake County, Utah.

  17. General Provisions

    Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.

  18. Changes to this Agreement and the SignGlasses Platform

    Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the SignGlasses Platform or any content or information through the SignGlasses Platform at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the SignGlasses Platform. Your continued use of the SignGlasses Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the SignGlasses Platform at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the SignGlasses Platform without notice or liability.