Last Updated: February 11th, 2020
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using the Services, you agree to be bound by these Terms of Service. If you do not agree to all of these terms and conditions, then you may not access the Website, utilize any Service, or access any Data.
Any new Service or Data which is added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Website.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH HEREIN. SECTION 16 BELOW HAS MORE INFORMATION AND HOW YOU CAN OPT OUT OF ARBITRATION.
1. Accessing the Website and Account Security
You agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
In cases of subscription access, we will charge your applicable credit card according to the pricing and frequency described at the time of subscriptions sign-up and you agree to accept these charges. In the event payment to us is denied or declined, the subscription access rights may be terminated at our sole discretion.
2. Limited License and Permitted Data Use.
When using the Website, you are granted a limited, personal, nontransferable and nonexclusive license to access the Service and use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with these Terms. Certain portions of the Data available through the Service are only available via license with use rights that are based upon subscription access to a third party platform. Such access and rights are strictly governed by Audantic, and may be limited, suspended, or terminated at will by Audantic. In such case of subscription access, rights to the Data expire upon expiration or termination of the subscription, and in such case you shall discontinue use of the Data and, as requested by us, either (i) return the Data to us without retaining any copies thereof or any notes or other information thereon or (ii) provide a certificate, executed by you, in form and substance satisfactory to us, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
Additionally, you hereby agree to the following Terms regarding the use of our Data:
- Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email, facsimile marketing and customer solicitation.
- Your use of any United States email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry Laws.
- Audantic reserves the right to review your Data use to ensure compliance with the Terms. Notwithstanding, any Audantic to review such use will not constitute acceptance of such use or waive any of Audantic’s rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least three (3) days’ notice, Audantic may audit your records to determine whether you are in compliance with the Terms and you will make available to Audantic or its representatives all records necessary for the conduct of such an audit.
- You understand and acknowledge that Audantic does not test or screen the Data, and Audantic makes no representation or warranty as to the accuracy or completeness of the Data. Your use of any Data is at your sole risk and you are fully responsible for the use of all Data that is provided to you.
3. Limitations on Use
By using or accessing our Service or Data, you represent and warrant that you will not:
- share, sell, transfer or otherwise make the Data available to any third person or entity;
- name or refer to the Company, or refer to your use of the Data, in any advertising, promotional, or marketing materials, without prior written consent from the Company.
- use the Data for consumer credit purposes, underwriting any form of consumer insurance, employment purposes, tenant screening purposes consumer debt collections or for any other purpose covered by the federal Fair Credit Reporting Act, or for any other commercial purpose not expressly authorized by the Terms.
- create or direct anyone to create a competitive product.
- misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or user names associated any other natural person that is not you)
- upload, post, email, share, or otherwise transmit any material to either Company or a third-party platform (including social media) that harass, disparage, or otherwise limit another user’s use or enjoyment of the Service;
In addition, you are prohibited from using the Website or its content:
- to violate any international, federal, state, or local Law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause the Audantic to violate any such Laws, rules, or regulations.
- to implement a robot, spider, other automatic device, or manual process to monitor or copy our Website, any specific web page, or the content contained thereon, or for any other unauthorized purpose;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- to submit false or misleading information
- to collect or track the personal information of others
- for any obscene or immoral purpose
- to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the Internet
4. Do Not Call Compliance
In the event that Audantic provides a telephone number, you acknowledge that Audantic has not processed its Databases against the National Do Not Call Registry, State Phone Suppression files and DMA Phone Suppression files, the “Telephone Number Suppression files”. By using the Service, you acknowledge that some of the individuals provided by Audantic may have placed their telephone numbers on Telephone Number Suppression files. You also acknowledge that you will either obtain access to the Telephone Number Suppression files, or if you do not obtain access to Telephone Number Suppression files, you will only make calls for purposes permitted by law.
5. Your Proprietary Rights.
By uploading any information to the Service, you automatically grant (or warrant that the owner of such rights has expressly granted) Audantic a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your information to enable us to operate the Service and to make your information accessible to you and other users.
6. Intellectual Property Rights
The term “Audantic Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, service designs, user interfaces utilized or provided by Audantic, work product produced by Audantic, and derivate works of any of the foregoing, including, without limitation, web services made available to you by Audantic, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which Audantic may develop, use or rely upon in providing the Data to you. All Audantic Property shall be and will remain the property of Audantic and its parent corporate owner. No Audantic Property shall be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of Audantic, except for your own personal, business use. You may not make any attempt to commercialize, reverse engineer, or otherwise appropriate or re-create Audantic Property.
Additionally, Audantic shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights regarding Audantic Property and the Data. The Certain Audantic Property is protected by copyright under both United States and foreign laws. Unauthorized use of Audantic Property may violate copyright, trademark, and other laws. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Service, if any, are the trademarks of their respective owners. You may not use such trademarks without our prior written consent.
- Your computer may temporarily store copies of the Audantic Property in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, business use.
- If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any Audantic Property;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Service; or,
- Access or use for any Audantic Property to build or attempt to build, recreate, create derivative works or otherwise commercialize a product intended to subvert or compete with Audantic.
7. Disclaimer of Warranties; Limitation of Liability
DODO DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT USE OF THE SERVICE OR DATA WILL PROVIDE ANY CERTAIN RESULT; THAT THE INFORMATION ON THE SERVICE OR IN THE DATA IS COMPLETE OR ACCURATE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We reserve the right to withdraw or amend this Website, the Service, or any Data therein, in our sole discretion without notice. We will not be liable to your or to others if for any reason all or part of the Website is unavailable at any time for any period. This shall not suspend or eliminate your payment obligations to us or provide you with any refund rights for amounts previously paid to us. We reserve the right to deny access to some or all parts of the Website, to any user or group, including registered users.
The Company disclaims any and all liability for the acts, omissions, and conduct of any third- party users, the Service users, advertisers, and/or sponsors on the Service, in connection with the Service, or otherwise related to your use of the Service. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Service.
In no case shall Audantic, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or misuse of the Service or Data, or for any other claim related in any way to your use of the Service or Data, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or Data posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Audantic’s maximum liability will not exceed the amount you paid Audantic under the Terms within the 12 months preceding the event that gave rise to Audantic’s liability. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9. No Assignment by You
You may not assign your rights or obligations under the Terms to any other person or entity without the prior written consent of Audantic, whether by operation of law or otherwise, and any attempt to do so shall be void.
10. Temporary Suspension
Audantic may suspend your right to access or use any portion or all of the Services immediately upon notice to you if we determine:
- your use of the Service (i) poses a security risk to the Service or any third party, (ii) could adversely impact our systems, the Service, or the systems or Content of any other Audantic customer, (iii) could subject us, our affiliates, or any third party to liability, or (iv) could be fraudulent;
- you are in breach of your payment obligations; or
- you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
If we suspend your right to access or use any portion or all of the Services:
- you remain responsible for all fees and charges you incur during the period of suspension; and
- you will not be entitled to any service credits, refund, or discount for any period of suspension.
11. Support Services
During your use of the Services, Audantic may also provide you with support services (“Support Services”). You acknowledge that such Support Services may be subject to additional fees as provided for under an applicable Order Form. If Audantic is proving the Customer with Support Services, it will be detailed under an applicable Order.
You shall indemnify, defend and hold harmless Audantic and our Parent, stockholders, directors, officers, employees, interns, independent contractors, licensors, service providers, subcontractors, suppliers, and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. Additional Remedy of Termination.
In addition to all other legal rights and remedies available to Audantic for any apparent, threatened or actual breach or violation of the Terms by you, Audantic has the right to terminate the Terms and demand immediate return or destruction of any and all Data at any time if Audantic believes you are not complying in full with the Terms.
The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Website or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold Audantic harmless from any and all liability that may incur therefore.
15. Governing Law; Jurisdiction.
These Terms shall be governed by and construed under the Laws of the State of Washington without regard for the principles of conflicts of Law of that State or any other state. Any litigation or other dispute relating to or arising under the Terms shall only be brought in the state or federal courts located in King County, Washington and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
PLEASE READ THIS SECTION 16 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.
If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by Audantic or persons employed or engaged by Audantic were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as California law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.
YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in King County, Washington, U.S.A.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms. To opt out, you must send your name, residence address and email address used for your Audantic account, and a clear statement that you want to opt out of this arbitration provisions to the mailing address below. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.
If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state or federal courts of King County, Washington, and waive any objection to such jurisdiction or venue.
17. Force Majeure.
Neither party shall be responsible for failure or delay in performance by events out of their reasonable control, including but not limited to, acts of God, Internet outage, terrorism, war, fires, earthquakes and other disasters (each a “Force Majeure”). Notwithstanding the foregoing: (i) You shall be liable for payment obligations for Service rendered; and (ii) if a Force Majeure continues for more than thirty (30) days, either party may to terminate this agreement with written notice to the other party.
18. Entire Agreement; Amendment or Waiver.
The Terms and any policies or operating rules posted by us on the site or in respect to the Service constitutes the entire understanding between you and Audantic and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Terms. The Terms may only be amended by a document signed by you and Audantic. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No waiver of any breach of the Terms shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. Customer Use and Likeness
Customer Identification: Customer agrees that Audantic may identify customer as a user of Audantic products and may sue the Customer’s name and logo in Audantic’s marketing efforts which include but are not limited to: press releases, blog posts, social media campaigns, advertisements, and website.
20. Customer Story
Customer agrees to participate in the following co-marketing activities: press release (upon launch or other agreed-upon milestone) case study and video testimonial. Customer also agrees to consider Audantic-sponsored and industry webinar and speaking engagements as a may be invited by Audantic – the participation, timing, and content of which to be mutual agreed upon between Parties.
21. Buyer Sonar Terms
- Limited License: Provided you comply with this Agreement, Audantic hereby grants you a limited, non-exclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use the Service, for the duration of your subscription to the Service, solely for your internal business purposes to conduct your marketing campaigns and, in any event, in accordance with any related documentation provided by Audantic.
- USE RESTRICTIONS:
You will not, nor will you permit, direct, or assist any person or entity to:
- Access or use the Service for purposes other than as expressly permitted by this Agreement;
- Copy, reproduce, duplicate, replicate, display, publish, post, distribute, license, sell, rent, lease, encumber, or transfer the Service or any part thereof;
- Adapt, update, translate, modify, or prepare any derivative works of the Service or any part thereof;
- Disassemble, decompile, reconfigure, reverse-engineer, discover the underlying ideas behind, or discover the source code of the Service or any part thereof (except to the extent applicable laws may specifically prohibit this restriction);
- Combine the Service or any part thereof with other computer code or materials of any kind;
- Obscure, remove, or alter any proprietary markings, designations, legends, symbols, labels, or notices in or on the Service;
- Develop, market, or provide on your own behalf or any other person’s or entity’s behalf any software, products, or services that compete with or are substantially similar to the Service or any of its features;
- Use the Service to develop, create, produce, enhance, or add to any database;
- Act as an agent for or on behalf of the following Prohibited Companies: “Prohibited Companies” means AAmva/NMVTIS, Acxiom, Advo, AECSoft, Allant Group, Alliance Group Holdings, Alliance Data Systems, Allied Interstate, American Business Lists, American List Counsel, Anchor Computer, Araxid, Carfax, Carproof, Cavalry, CDK Global, CollectionIndustry.com, Convergent, Corelogic, Cortera, Cox Automotive, Credit Control, Credit Reform, Credit Report SA, CreditRiskMonitor.com, Creditsafe, Database 101, DealerTrack, Dominion, Dunn and Bradstreet, Encore, Epsilon, Equifax, Exostar, Experian, Factiva, Fair Isaac, First Data, First Advantage, GC Services, Green Dot, Harte- Hanks, ID Analytics, Idology, IHS, InfoGROUP, Innovis, IQOR, Jigsaw Data, KnowledgeBase Marketing, Leadsource, LexisNexis, LSSI/Volt Delta, Media 1, Merkle, National Association of Credit Management, National Recovery, Neustar/Targusinfo, Northland, Phoenix Financial, Pioneer, Polk City Directories, Portfolio Recovery, Receivable Management Services, Reynolds Company (Reynolds & Reynolds), Riskwise, R.L. Polk, RNN, RSA/Verid, Southwest Credit Systems, Target Base, Rust Consulting, Thomson Reuters, TransUnion/TransUnion Risk and Alternative Data Solutions, West Publishing Group.
- Use Audantic services for Prohibited Uses: Prohibited Uses include all restrictions outlined within the terms & conditions along with providing Audantic data and 3rd party data provider data to “Prohibited Companies”;
- Access, use, or analyze the Service for any purpose that is to Audantic’s detriment or commercial disadvantage;
- Use the Service as part of any effort to compete with Audantic or to provide services as a service bureau;
- Act maliciously against the business interests or reputation of Audantic or any Service user;
- Engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Service for purposes of creating or compiling that content for any purpose other than your authorized use of the Service as permitted by the above license;
- Access, use, or copy any portion of the Service, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms;
- Use the Service for unlawful purposes;
- Use the Service in a manner that infringes, violates, or misappropriates our or any third party’s rights, including patent, copyright, trademark, trade secret, other intellectual property rights, and privacy rights;
- Send or post any unsolicited messages, chain letters, spam, or junk mail using the Service;
- Impersonate or attempt to impersonate another person or business while using the Service;
- Commit fraud or falsify information in connection with your use of the Service;
- Submit or transmit through or using the Service any information, content, or messages that are defamatory, libelous, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the legal rights of third parties;
- Use the Service in combination with any other products, software, or services without our specific prior written consent;
- Post, transmit, input, upload, or otherwise provide any information or materials that contain viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Service or any computers, hardware, software, system, data, or networks; nor
- Engage in activities that aim to render the Service or associated services inoperable or to make their use more difficult.
- Intellectual Property: The Service (including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, APIs, user interface, user experience, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content), all right, title, and interest in and to the Service, and all ideas, concepts, know-how, methodologies, techniques, discoveries, and inventions related to the same (including all patent, copyright, trademark, trade secret, and other intellectual property and proprietary rights throughout the world in or to any of the foregoing), as well as all modifications, enhancements, improvements, and derivative works of any of the foregoing, regardless of when created or by whom, are exclusively the property and will remain exclusively the property of Audantic or, as applicable, its suppliers and licensors.The Service is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Audantic or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. You agree to respect all copyright and other legal notices, information, and restrictions on or in any content on or accessed through the Service. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.Except as may be expressly stated in this Agreement, no licenses or other rights, express or implied, are granted by Audantic to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Audantic and all such rights are reserved and retained by Audantic. Additionally, you specifically acknowledge and understand that this Agreement does not confer upon you or any other person or entity any interest in or right to use any trademark or service mark of Audantic or pertaining to the Service, including “Audantic” and “BuyerSonar.com.” You will not, without our specific prior written consent, use our names, logos, trademarks, or service marks. Prohibited uses and disclosures include advertising and marketing materials, publications, sales presentations, press releases, and public announcements. Copyright © 2019-2020 Dodo Data, Inc. All rights reserved.
- DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. AUDANTIC DOES NOT WARRANT THAT ANY DATA, INFORMATION, OR MATERIAL ON THE SERVICE IS ACCURATE OR RELIABLE. AUDANTIC DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE. AUDANTIC DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. AUDANTI IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE. AUDANTIC HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUDANTIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW OR FROM A COURSE OF DEALING OR USAGE IN TRADE.YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF TELECOMMUNICATIONS, THE INTERNET, WIRELESS NETWORKS, AND ELECTRONIC COMMUNICATIONS. AUDANTIC IS NOT RESPONSIBLE FOR ANY DELAYS, INACCURACIES, DELIVERY FAILURES, OR OTHER FAILURES OR DAMAGE RESULTING FROM THOSE PROBLEMS OR ANY OTHER PROBLEMS OUTSIDE OF AUDANTIC’S REASONABLE AND DIRECT CONTROL, INCLUDING WITHOUT LIMITATION TELECOMMUNICATIONS SERVICES, THE INTERNET, YOUR WIRELESS NETWORKS, AND ANY THIRD-PARTY COMPONENTS OR SOFTWARE.YOU ARE NOT PURCHASING A “FRANCHISE,” “BUSINESS OPPORTUNITY,” “STRATEGIC MARKETING PLAN,” “TARGETED MARKETING PLAN,” OR “EXCLUSIVE TERRITORY” FROM AUDANTIC. YOU UNDERSTAND THAT THE SERVICE MAY INVOLVE COMPLEX PROCESSES AND TECHNOLOGY AND THAT IT MAY TAKE TIME, EFFORT, AND SKILL TO UNDERSTAND AND OPERATE THE SERVICE. WE RECOMMEND THAT YOU ALLOW AMPLE TIME TO ACCESS, SET UP, TEST, AND UNDERSTAND THE SERVICE BEFORE YOU USE THE SERVICE FOR YOUR MARKETING CAMPAIGNS. AUDANTIC DOES NOT MAKE ANY CLAIMS OR GUARANTEES THAT YOU WILL BRING IN ANY REVENUE NOR OPERATE ANY PROFITABLE SERVICES OR BUSINESSES BY USING THE SERVICE.WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND ANY OTHER DAMAGE OR LOSS THAT MAY BE INCURRED.NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM AUDANTIC OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
- Your Warranties: You hereby represent and warrant that:
- The Service will not be accessed or used in any manner not permitted by this Agreement;
- You are not, nor do you work for or provide services to, a competitor of Audantic or any person or entity that develops, markets, or provides any software, products, or services that are competitive with or substantially similar to the Service or any of its features, nor do you or will you seek to engage in those activities;
- You will notify Audantic within forty-eight (48) hours of your initial usage and operation of the Service if you have ever developed, marketed, or provided on your own behalf or any other person’s or entity’s behalf any software, products or services that compete with or are substantially similar to the Service or any of its features, or intend to do so in the future, and agree that any failure to so notify Audantic will be treated as conclusive proof in favor of Audantic in any potential dispute as to the source of any idea, concept or function in any copyright, trademark, patent, or other intellectual property dispute;
- You will perform your obligations and exercise your rights under this Agreement in compliance with all applicable laws and regulations, including those discussed above in this Agreement;
- All data and other information you provide in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief;
- You have all legal right to provide such data and information to us or through the Service; and
- You have the authority to enter into this Agreement and you are under no contractual obligation that will interfere with your ability to perform under this Agreement.
7. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AUDANTIC PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE ITEMS), ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL INFORMATION USING THE SERVICE, ANY RELIANCE ON INFORMATION DISPLAYED ON THE SERVICE, AND ANY USE OF THIRD-PARTY COMPONENTS), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A AUDANTIC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.WITHOUT LIMITING THE FOREGOING, THE AUDANTIC PARTIES’ MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, ARISING OUT OF ANY CLAIM WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL IN NO EVENT EXCEED THE AMOUNT EQUAL TO THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO AUDANTIC IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
8. Indemnification: You will indemnify, hold harmless, and defend Audantic, its affiliates, and its and their respective directors, officers, owners, employees, agents, representatives, contractors, consultants, suppliers, licensors, successors, and assigns (together, “Audantic Parties”) from and against any and all liabilities, losses, damages, claims, suits, demands, complaints, actions, settlements, judgments, investigations, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) that arise, directly or indirectly, out of or in connection with, or are related in any way to (a) this Agreement or your breach of this Agreement, (b) your access to or use of the Service (including your transmission and receipt of text messages and your payment of fees), (c) your misuse of or reliance on any material, data, or other information obtained from the Service, (d) your submission of information, documents, and other content (including personal information) using the Service, (e) your violation of or noncompliance with applicable laws or regulations, or (f) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
22. Contact Information
Should you have any questions about the Terms of Service, please contact:
22722 29th Dr SE #100
Bothell, WA 98021