AudiencePlus, Inc. (“AudiencePlus”) requires that all the visitors to this website(s) (the “Site”) adhere to the following terms and conditions (“Terms”). By accessing and/or using the Site, you indicate your acknowledgment and acceptance of these Terms of Use and our Privacy Policy (https://audienceplus.com/discover/privacy).

LAWS AND REGULATIONS

Your access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.  You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site, or which we would consider inappropriate.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, AudiencePlus owns or licenses all rights, title and interest (including intellectual property rights) in our Site and all of the content (“Content”). Your use and access to our Site or any Content provided therein does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any part of the Site or Content, or breaching any intellectual property rights connected with our Site or the Content. Absent explicit written authorization by AudiencePlus, any use of AudiencePlus trademarks or copyrighted works is strictly prohibited.

UNAUTHORIZED USE

Access to and use of password-protected and secure areas of the Site, or Content provided in those areas or otherwise via the Site, is restricted to authorized users only. Any unauthorized use or distribution of such Content is strictly prohibited.

THIRD PARTY SITES

Our Site may contain links to websites operated by third parties.  Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites.  You should make your own investigations with respect to the suitability of those websites.

NO WARRANTIES

Information and/or Content on the Site is not comprehensive, is not guaranteed to be correct or current, and is for general information purposes only. While AudiencePlus uses reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

THIS SITE AND ALL CONTENT ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, SECURITY,  ACCURACY, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUDIENCEPLUS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

DISCONTINUANCE

We may, at any time and without notice to you, discontinue our Site, in whole or in part.  We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

LIMITATION OF LIABILITY

IN NO EVENT WILL AUDIENCEPLUS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA, AND REGARDLESS TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY, OR OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE SITE, ANY CONTENT ON OR ACCESSED THROUGH THE SITE OR ANY SOFTWARE OR SERVICE AVAILABLE ON, LINKED TO OR FROM, DISPLAYING, OR USING THE SITE, AND EVEN IF AUDIENCEPLUS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

VARIATION

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Information and Content on this Site is subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

EXCLUSION OF COMPETITORS

You are prohibited from using our Site, including the Content, in any way that competes with our business.

VIOLATIONS OF TERMS 

AudiencePlus reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access to the Site. The failure of AudiencePlus to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Site.

INDEMNIFICATION

You agrees to indemnify, defend and hold harmless AudiencePlus, its subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your use (or use by anyone using your account, computer or software) of the Site or violation of these Terms. AudiencePlus reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with AudiencePlus’ defense of such claim. In no event may you agree to any settlement affecting AudiencePlus without AudiencePlus’ written consent.  This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password-protected and secure areas of the Site, or Content provided in those areas or otherwise via the Site, is restricted to authorized users only.  Any unauthorized use or distribution of such Content is strictly prohibited. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You is responsible for keeping passwords private, reporting changes in their status, and reporting suspected security violations or compromised access to your account.

TERMINATION

These Terms are effective until terminated by us, which we may do at any time and without notice to you.  In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

SEVERANCE

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision shall be replaced by a valid provision which comes as close as possible to the intent of the invalid provision. Any invalidity of any specific provision of this Agreement shall not affect the validity of the remaining provisions.

JURISDICTION/GOVERNING LAW

Your use of our Site and these Terms are governed by the laws of Arizona and applicable federal law without regard to conflicts of laws principles. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Arizona. 

For any questions and notices, please contact us at: [email protected].

Effective Date: October 1, 2024