Please read this page carefully. By viewing the contents on the Audingo.com Web Site (the "Web Site"), you agree to be bound by these Terms, as revised by Audingo, LLC (the "Company") from time to time. If you do not accept these Terms, do not use the Web Site.
The Company may revise these terms at any time by updating this posting (but without any other notice). You should visit this page periodically to review these Terms for changes, because they are binding upon you.
Section 1. Use of Material
All material contained on the Web Site, including, but not limited to, text, graphics, images, data, audio, video and "Software" (as defined below) (collectively, the "Materials"), are either owned by the Company and/or third-party licensors. The Company (and/or third-party licensors) retains all proprietary rights to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Except for downloading one copy of the Materials on a single computer for your personal, noncommercial use, you may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute or otherwise use the Materials in any way; provided, however, that your use of any Software may be subject to additional and/or superseding terms as described herewith. If you download any software from the Web Site, the software, including any files, images incorporated in or generated by the software, data accompanying the software and any related documentation (collectively, the "Software") are licensed to you by the Company and/or third-party licensors for your personal, non-commercial use only. The Company and/or third-party licensors retain all proprietary rights to the Software, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how). Although you may own the medium on which the Software is recorded (e.g., your hard drive), the Company and/or third party licensors retain full and complete title to the Software and all intellectual property rights associated therewith. You may not redistribute, sell, de-compile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. In addition, you agree to abide by any other terms that may apply to such Software, including any terms posted on the Web Site or any license agreement accompanying the Software. Your downloading and use of the Software is conditioned on your agreement to be bound by these Terms and any other terms that may apply to such Software. You must retain all copyright, trademark and other proprietary notices contained in the original Materials on any copy you make of the Materials. 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 the Company. You may not use any Meta tags or any other similar hidden text utilizing the Company's name or trademarks. If you violate any of this Section 1, your permission to use the Materials automatically terminates.
Section 2. Disclaimer of Warranties
The Company, its Affiliates and any other contributor to the Web Site expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the Web Site or the Materials. The Web Site and the Materials are for informational purposes only and may not reflect the most current developments in a field. The information should in no way be taken as an indication of future results. In making the Web Site and the Materials available, no client, advisory, fiduciary or professional relationship is implicated or established between you and the Company and neither the Company nor any other person is, in connection with the Web Site and the Materials, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice. Neither the Web Site nor the Materials on or accessed through the Web Site should be considered a substitute for your independent investigation and your sound technical and business judgment. You should consult with a professional advisor familiar with your particular factual situation for advice or service concerning any specific matters. You understand and expressly agree that use of the Web Site and the Materials is at your sole risk, that any materials downloaded or otherwise obtained through the use of the Web Site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such materials. The Company makes no warranty or representation as to the security of any information you transmit to the Company.
THE WEB SITE AND THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS ASSOCIATES, ITS AFFILIATES AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
Section 3. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) RESULTING OR ARISING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIALS OR RELATING TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions
As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of any of your postings in the public areas of the Web Site. By submitting any material for posting on the Web Site, you automatically grant (or, if you are not the owner, you warrant that the owner of such material has expressly granted) the Company a royalty-free, perpetual, irrevocable, nonexclusive and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use and exploit such material (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed. While using the Web Site, you may not (i) post or transmit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; (ii) post or transmit material that reveals trade secrets or confidential information, unless you own them or have the permission of the owner; (iii) post or transmit material that violates or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) post or transmit material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (v) post or transmit any sexually explicit images or other material; (vi) post or transmit advertisements or solicitations of business; (vii) post or transmit chain letters or pyramid schemes; (viii) impersonate another person or post or transmit information under a fictitious name; (ix) post or transmit material that contains a virus, corrupted file or other harmful component; or (x) intentionally or unintentionally violate or encourage or assist another to violate any applicable law or regulation. The Company and its Affiliates do not represent or guarantee the accuracy, completeness or reliability of any material posted by users of the Web Site nor does it endorse any opinions expressed by any users. You acknowledge that any reliance on material posted by other users is at your own risk. The Company is not responsible for screening or monitoring material posted by users. The Company reserves the right for any reason to edit, refuse to post or remove without notice any materials posted by users, but has no obligation to delete material that you may find objectionable or offensive or that violate these Terms. If you become aware of any material that violate these Terms, you may e-mail such information to the Company. However, the Company does not guarantee that any action will be taken as a result of your contact. The Company reserves the rights to expel any user and to prevent further access to the Web Site for any reason, including violation of these Terms or applicable law or for no reason at all.
Section 5. Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the Designated Agent listed in our Copyright Policy.
Section 6. Links to Other Sites.
The Web Site contains links to and from third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company or its Affiliates of the contents of such third party Web sites. The Company is not responsible for the content or practices of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party Web sites or the practices of such sites. If you decide to access linked third party Web sites, you do so at your own risk.
Section 7. Indemnification
You agree to defend, indemnify and hold harmless the Company, its Affiliates, and its affiliates and their respective officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses, including, but not limited to, reasonable legal and accounting fees, arising from your use of the Web Site or the Materials or your breach or violation of these Terms. The Company and its Affiliates reserve the right to defend any such claim, and you agree to provide the Company and/or its Affiliates with such reasonable cooperation as it may request.
Section 8. Privacy Notice
Section 9. General
The Web Site is based in the U.S.A. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms will be governed by, subject to and construed in accordance with the internal laws of the State of Texas, without regard to conflict of law principles. You agree that any action arising out of or relating to these Terms may be brought only in a court of competent jurisdiction in Travis County, Texas and you hereby consent to the jurisdiction, venue and convenience of such courts. If any provision of these Terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these Terms shall remain in full force and effect. Any waiver of any provision of these Terms will be effective only if it is in writing signed by the Company. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. You may not assign any of your rights, obligations or privileges hereunder. These Terms will inure to the benefit of the Company's successors, assigns and licensees.
These Terms constitute the entire agreement between you and the Company and its Affiliates with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.