Terms and Conditions of Website Use
You warrant and attest that you are at least fourteen (14) years of age.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Audifi and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may, on a non-exclusive basis, view, download, print and retain a copy of pages from the Site provided that (1) your use of such information from the Site is for your informational use only, (2) you will not copy, transfer or transmit such information to another person or entity, post it on any network computer or broadcast it in any media, (3) any copy of this information that you make shall retain all legal notices, copyright and other proprietary notices contained therein, (4) you make no modifications of such information nor create derivatives thereof, and (5) you make no additional representations or warranties relating to such documents.
Intellectual Property Ownership
Your Use of the Site
You will not use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any Audifi server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Audifi, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree you will not take any action that imposes an unreasonable or disproportionately large load on the Site's infrastructure or Audifi's systems or networks, or any systems or networks connected to the Site or to Audifi.
You agree not to use any device, software or routine to interfere or attempt to interfere with the Site's proper working or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not use of any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages, forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal. You may not pretend that you are, or that you represent, Audifi or someone else, or impersonate any other individual or entity.
By giving your email information to us, you consent to receive emails from Audifi.
Links to This Site.
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Audifi, any of its products or services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may use an Audifi logo or other proprietary graphic to link to this Site without the express written permission of Audifi as long as the manner of your use is not objectionable to Audifi. In the event that Audifi objects to your use of the Audifi logo or other proprietary graphic, you agree to cease using them. Further, you may not use, frame or utilize framing techniques to enclose any Audifi trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Audifi's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Audifi or any third party. You may not use any metatags or any other "hidden text" utilizing "Audifi" or any other name, trademark or product or service name of Audifi without our prior written permission.
Links to Other Sites The Site may contain links to other independent third-party web sites ("Linked Sites"). Such Linked Sites are provided solely as a convenience to our visitors, and Audifi may discontinue such convenience at any time. Such Linked Sites are not under Audifi's control, and Audifi is not responsible for and does not endorse any Linked Site, including any information, content or materials contained on such Linked Sites. Audifi does not endorse companies, products or services contained in Linked Sites. You need to make your own independent judgment regarding your interaction with these Linked Sites, and if you decide to access any Linked Sites, you do this entirely at your own risk. When you leave this Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Site.
Audifi may disclose any information we have about you, including your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Audifi's rights or property, or the rights or property of visitors to or users of the Site, including Audifi's customers. Audifi reserves the right at all times to disclose any information that Audifi deems necessary to comply with any applicable law, regulation, legal process or governmental request. Audifi also may disclose your information when Audifi determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes and in the event of a sale or other transfer of all of Audifi's equity or assets to another person or entity.
You agree that Audifi, in its sole discretion and without prior notice, may terminate your access to the Site, for any reason, including but not limited to (1) requests for termination by law enforcement or other government agencies; (2) a request for termination by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site; or (4) unexpected technical issues or problems.
Limitation of Liability
Except where prohibited by law, in no event will Audifi, its officers, directors, employees, contractors, shareholders, predecessors, successors in interest, agents, subsidiaries and affiliates licensors, its suppliers or any third parties mentioned on the Site ("Released Parties) be liable to you for any damages (including without limitation, indirect, consequential, exemplary, incidental or punitive damages), including lost profits, even if the Released Parties have been advised of the possibility of such damages.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Every effort has been made to ensure the accuracy of the information presented. However, Audifi assumes no responsibility for and does not guarantee the accuracy of the information.
ALL CONTENT, MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." AUDIFI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. AUDIFI DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE'S AVAILABILITY WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THE SITE SOLELY AT YOUR RISK. WHILE AUDIFI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE SAFE, AUDIFI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
You agree to indemnify and hold harmless Audifi, its officers, directors, shareholders, predecessors, successors in interest, employees, contractors, agents, subsidiaries and affiliates from any demands, loss, liability, claims or expenses (including attorneys' fees) made against Audifi by any third party due to or arising out of or in connection with your use of the Site.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Oregon without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Portland, Oregon and waive any objection to such jurisdiction or venue. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Audifi and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 60 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Audifi administers and operates the www.Audifi.me site from its location in Portland, Oregon, USA. Other Audifi sites existing now or in the future may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Audifi reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
The Site may provide access to or information about Audifi international data and, therefore, may contain reference or cross references to Audifi products, programs and services that are not announced in your country. Such reference does not imply that Audifi intends to announce such products, programs or services in your country.
Feedback and Information
Any general feedback you provide at the Site, for example through "Contact Us," shall be deemed to be non-confidential. Audifi shall be free to use such information on an unrestricted basis.
INFORMATION CONTAINED IN THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.