Terms of Use

Introduction

Audēmus, Inc. ("Audēmus") provides to you this website for your personal informational, educational and entertainment use. The following Terms of Use governs your access and use of this website. Please read these Terms of Use carefully before using this website. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this website (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the website ("User Content") or transactions conducted through this website. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, "we" and "our" means Audēmus, and "you" and "your" refers to any individual, company or legal entity that accesses or otherwise uses this website.

Acceptance of Terms of Use

By accessing, browsing or using this website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this website. If you do NOT agree to all of these terms, you should NOT access or use this website.

Privacy Policy

Personal information provided through this website shall be used in accordance with Audēmus’ Privacy Policy found at https://audemus.io/privacy-policy and these Terms of Use are subject to the Privacy Policy as posted on this website.

Copyright and Trademarks

You acknowledge that all content on this website, including the website's design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this website, and the selection and arrangement thereof (collectively, "Content"), are the property of Audēmus or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Audēmus or the respective intellectual property rights owner. Audēmus authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this website (including, without limitation, Audēmus) are the sole property of Audēmus and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Audēmus and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Audēmus and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Audēmus. Audēmus will enforce its intellectual property rights to the fullest extent of the law.

Links to Third Party Websites

Links on this website to third party websites are provided only as a convenience to you. If you use these links, you will leave the website. Audēmus does not control or endorse any such third party websites. You agree that Audēmus and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. Audēmus disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. Audēmus recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

Indemnification and Release

You agree to indemnify, defend and hold us and our affiliates, and our respective directors, officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from your use of this site, your submissions to this site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this site.

No Unlawful or Prohibited Activity

You are required to follow certain rules when you use this website:

  • Do not "harvest" (or collect) information from the site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the site and information about the offerings, products, services and promotions available on the site.
  • Do not use automated means to access the site, or gain unauthorized access to the site or to any account or computer system connected to the site.
  • Do not "stream catch" (download, store or transmit copies of streamed content).
  • Do not obtain, or attempt to obtain, access to areas of the site or our systems that are not intended for access by you.
  • Do not "flood" the site with requests or otherwise overburden, disrupt or harm the site or its systems.
  • Do not circumvent or reverse engineer the site or its systems.
  • Do not restrict or inhibit another user or users from using and enjoying this site.
  • If you post something to this site, such as comments or other content, do not post anything that:

    1. infringes any third party intellectual property right (such as copyrights),
    2. is defamatory (i.e., something that is negative and untrue about another person or entity),
    3. divulges another person's or entity's confidential or private information or trade secret,
    4. is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
    5. encourages criminal conduct,
    6. advertises or solicits business for products or services other than those that are offered and promoted on this site, or
    7. contains any virus, malware, spyware or other harmful content or code.

You also must comply with all applicable laws and contractual obligations when you use this site.

Immediate Shut-down of Website

Audēmus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice or consent. Audēmus and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the website.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the site, or to any features or portions of the site, and to remove and discard any content or materials you have submitted to the site, at any time and for any reason, including for any violation by you of these Terms of Use. In addition, we have a policy of terminating the site usage privileges of users who are repeat infringers of intellectual property rights. In the event your access to and/or use of this site is suspended or terminated, you will continue to be bound by the Terms of Use that were in effect as of the date of such suspension or termination. We reserve the right to take any steps that we believe are necessary or appropriate to enforce and/or verify your compliance with these Terms of Use

Disclaimer of Warranties

WE PROVIDE THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT). THIS MEANS THAT WE MAKE NO PROMISES THAT:

Privacy Policy

Personal information provided through this website shall be used in accordance with Audēmus’ Privacy Policy found at https://audemus.io/privacy-policy and these Terms of Use are subject to the Privacy Policy as posted on this website.

  • THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME,
  • THE SITE WILL MEET ANY PARTICULAR REQUIREMENTS OR PROVIDE ANY PARTICULAR RESULTS,
  • THE INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE,
  • THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS,
  • INFORMATION AND MATERIALS THAT YOU STORE IN YOUR ACCOUNT OR ON THIS SITE WILL REMAIN RETRIEVABLE AND UNCORRUPTED (UNLESS WE PROMISE THIS IN A SEPARATE AGREEMENT WITH YOU), OR
  • THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

WE LIKEWISE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THIS SITE. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THIS SITE ARE PROVIDED "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A SEPARATE AGREEMENT ENTERED INTO BETWEEN YOU AND US OR BETWEEN YOU AND A THIRD PARTY.

IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON OUR SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.

YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ALTHOUGH WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THIS SITE IS ACCURATE AND UP-TO-DATE, WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION (INCLUDING PRICING) AT ANY TIME. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, TIMELINESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THIS SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THIS SITE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, SUPPORT DOCUMENTATION, BY OUR CUSTOMER SERVICE AND SUPPORT AGENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. WE ARE NOT RESPONSIBLE FOR ANY CONTENT OR MATERIALS POSTED TO OUR SITE BY USERS, NOR FOR DISPUTES BETWEEN USERS, OR BETWEEN USERS AND THIRD PARTIES.

WTHESE DISCLAIMERS APPLY TO AUDEMUS INC. AND ITS AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

Limitations of Liability

IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THIS SITE (OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THIS SITE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF WE KNEW, SHOULD HAVE KNOWN OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THIS SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

Governing Law and Dispute Resolution

These Terms of Use, and the relationship between you and us, will be governed by the laws of the United States and the State of Florida, without giving effect to any principles of conflicts of law. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you and we nevertheless agree that the court should endeavor to give effect to intentions as reflected in the provision, and the other provisions of these terms and conditions will remain in full force and effect.

These Terms of Use, together with our Privacy Policy and any additional terms and conditions that are referenced herein or otherwise may apply to specific areas of this site, constitute the entire agreement between us and you with respect to the Audēmus, Inc. website. This agreement is personal to you and, except with our consent, you may not transfer or assign to any other person (in other words, make another person legally responsible for) the rights granted by, or your obligation to comply with, these Terms of Use.

Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If a court or similar body determines that a portion of these Terms of Use is invalid or unenforceable, the rest of the Terms of Use should stand. The invalid or unenforceable portion should be interpreted as closely as possible (consistent with the law in your area) so as to reflect the intention of the original.

These Terms of Use are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, You waive (in other words, give up) the right to commence any proceeding against Audēmus if the relevant events occurred more than one year earlier. This waiver is not enforceable, and the normal statute of limitations in your area will apply, if you notified Audēmus, Inc. in writing of the events giving rise to the proceeding within one year of their occurrence.