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Terms of Use

PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE BEFORE USING ANY WEBSITE OR OTHER PLATFORM TO WHICH THEY APPLY.

 

These terms of use apply to www.produceyourpodcast.com and all other webpages, web content, or other services that both (a) are owned, operated, or provided by Traci DeForge, doing business as Produce Your Podcast, LLC (“Company”) and (b) link to these Terms of Use.

 

THESE TERMS OF USE ARE A BINDING AGREEMENT BETWEEN THE COMPANY AND YOU, THE USER OF THE WEBSITE OR PERSON OR ENTITY ON WHOSE BEHALF THE WEBSITE IS USED (“YOU”). AS SUCH, THESE TERMS OF USE GOVERN YOUR USE OF THE WEBSITE. UNDER THESE TERMS OF USE, YOU ARE ;GIVING UP IMPORTANT RIGHTS, INCLUDING WAIVING YOUR RIGHT TO A JURY TRIAL OR PARTICIPATE IN A CLASS ACTION (SEE SECTION 26); AND YOUR RIGHT TO CERTAIN DAMAGES (SEE SECTION 24). ANY DISPUTE (AS DEFINED BELOW) MUST BE RESOLVED BY ARBITRATION, EXCEPT AS PROVIDED OTHERWISE IN SECTION 26 (TITLED “ARBITRATION AND DISPUTE RESOLUTION”).

 

1. Acceptance of the Terms of Use

 

By using the Website, you agree to these terms of use. You must not use the Website if you do not agree to these terms of use.

 

2. Eligibility

 

This website is intended for businesses operated by adults in the United States of America. You may use this Website only if you meet each of the following requirements:

 

(a) you are either at least 18 years old and of the legal age of majority in the state or providence where you reside.

(b) you reside in the United States of America or any of its territories or possessions;

(c) you operate or are a business

 

By using this Website, you state to the Company that you meet each eligibility requirement. You shall not use the website if you do not meet each eligibility requirement stated in this section.

 

Changes to these Terms of Use

 

You are responsible to regularly review these terms of use, the most recent version of which is maintained on the Website at https://www.produceyourpodcast.com/termsofuse. The Company may amend, replace, or make other changes to these terms of use on one or more occasions. Any such changes will become effective immediately when the Company posts on the Website the changed terms of use. The changes will apply to your use of the Website that occurs after the changes take effect. No change to section 26 (titled “Arbitration and Dispute Resolution”) will apply to any investigation, negotiation, arbitration, mediation, lawsuit, or other legal proceeding (“Proceeding”) between you and the Company that exists before that change became effective. You agree to all changes to these terms of use by continuing to use the Website after the Company posts those changes on the Website.

 

Access to the Website

 

The Company makes reasonable efforts to keep the Website available to paying customers in accordance with its terms of service, available at Access to the Website.

 

The Company makes reasonable efforts to keep the Website available to paying customers in accordance with its terms of service, available at https://www.produceyourpodcast.com/termsofuse (“Terms of Service”). However, the Company makes no guarantee the Website will always be up and running. The Company will not be liable if the Website, any part of it, any content on it, or any service provided on it becomes temporarily unavailable.
(“Terms of Service”). However, the Company makes no guarantee the Website will always be up and running. The Company will not be liable if the Website, any part of it, any content on it, or any service provided on it becomes temporarily unavailable.

 

You are responsible to obtain what you need to access the Website, including obtaining an internet connection and a computer device equipped with a web browser capable of viewing the Website.

 

The Company may at any time, without prior notice to you, do any of the following:

 

  • change or take down this Website, any content on it, or any good or service sold or provided through it; and
  • change who can access the Website or parts of it, including restricting access to certain content to only users with accounts or paying customers.

 

Online Purchases and Other Terms and Conditions

 

If you attempt to purchase any good or service made available through the Website (each such purchase, a “Purchase“), you might be asked to provide your name, payment information, mailing or billing address, phone number, and other information relevant to your Purchase. By providing such information, you grant the Company the right to provide that information to others for the purpose of facilitating the completion of any Purchases initiated by you or on your behalf. The Company may require verification of information before acknowledging, accepting, or otherwise completing any Purchase. The Company and anyone acting on its behalf may call or send a text to your phone number with respect to your account, your Purchases, or any goods or services you purchase. You agree that the Company may –

 

  • make those calls or send those texts to a mobile phone or other similar device associated with the number you provide to the Company;
  • make those calls or send those texts using an automatic phone dialing or announcing device;
  • for training purposes or to evaluate the quality of the Company’s service, listen to and record your phone conversations with the Company or others acting on its behalf.

 

6. Information You Provide Us

 

The Company might require you to provide information to do any of the following:

 

  • to create an account;
  • to purchase or obtain goods or services through the Website;
  • to use message boards, comment fields, or other interactive features of the website;
  • to register for or participate in contests, events, giveaways, programs, special promotions, or other activities; or
  • to otherwise access or use parts of the Website or content provided through it.

 

Any information you provide the Company through the Website must be accurate, complete, and up to date. If you provide the Company information that does not meet these standards, the Company may deny you access to the Website or any content, event, program, or other activity provided through it.

 

7. Privacy

 

The Company takes privacy seriously.

 

All information about you that the Company collects on the Website or that you provide to the Company (whether through the Website, by email, by phone, or otherwise) is subject to the Company’s privacy policy, as in effect at any given time (“Privacy Policy”), which is available at https://www.produceyourpodcast.com/privacy. By using the Website, you agree to the Privacy Policy and consent to the Company collecting and using your information in accordance with the Privacy Policy.

 

You shall not use any personal identifying information of any Website user that you obtain on or by using the Website to send one or more unsolicited commercial communications (including emails, texts, instant messages, or phone calls) to any such Website user or for any other commercial purpose.

 

8. Your Account

 

The Company may require you to have an account with the Company to —

 

  • purchase or obtain products offered through the Website;
  • use message boards, comment fields, or other interactive features of the Website;
  • register for or participate in programs, events, special promotions, contests, or giveaways; or
  • otherwise access or use parts of the Website or Website Content.

 

Such an account is personal to you. You shall not permit any other person (except your employees, agents, or other persons acting on your behalf to use your account. You shall also not provide any other person (except your employees, agents, or other persons acting on your behalf) with your username, password, or other security information associated with your account. You must treat such information as confidential, and you must not disclose it to any other person or entity (except your employees, agents, or other persons acting on your behalf).

 

You must notify the Company immediately after you become aware of any unauthorized use of your account, unauthorized access to security information associated with your account, or any other security breach with respect to your account. You must use reasonable caution when accessing your account from a public or shared computer to prevent others from obtaining your password or other security information associated with your account. When using such public or shared computers, you must log out of your account at the end of each session.

 

The Company may disable the username, password, or other features associated with your account if the Company reasonably determines you have violated any provision of these terms of use.

 

The Company may delete your account and any information associated with it if your account remains inactive for more than 2 years. The Company may do so regardless of whether the inactivity was because you voluntarily did not use the Website during that period or because the Company disabled your username or other feature associated with your account after you violated a provision of these Terms of Use.

 

9. Compliance of Others

 

You must ensure that each person who accesses the Website on your behalf (including your employees, agents, or other persons) or by using your internet connection is aware of these terms of use and complies with them.

 

10. Intellectual Property Rights

 

The Website and all content, design elements, images, information, logos, metatags, recordings, taglines, and other intellectual property used or available through the Website is owned by the Company and any persons or entities from whom the Company licensed or obtained such intellectual property. The intellectual property is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

The following are owned by the Company or Related Person: (a) the Company’s name; (b) the terms Produce Your Podcast, LLC, (c) the Produce Your Podcast full logo with microphone, and P logo with microphone (d) any other designs, images, sounds, words, or identifiers used by the Company to distinguish its goods and services. You must not use such trademarks without the Company’s (or if the Related Person is the owner, that Related Person’s) prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

 

“Related Persons” means, as of the time of determination, each entity controlled directly or indirectly by the Company, each individual or entity controlling the Company directly or indirectly, each entity directly or indirectly controlled by an individual or entity who controls the Company. For the purpose of the definition of “Related Persons,” “control” means ownership of at least 50% of an entity’s ownership interests, the ability to direct the vote of at least 50% of the total voting power of that entity’s ownership interests, or the ability to appoint 50% or more of that entity’s board of directors if it is a corporation or association, managers it is a limited liability company, or such other comparable organizational leadership if it is a different type of entity.

 

11. Limited License

 

You shall not copy, create derivative works from, display, distribute, download, modify, publish, store, transmit, commercially exploit, or otherwise use the Website or any audio recordings, images, information, videos, or other content available on it (collectively with the Website, “Website Content”) without the Company’s written permission.

 

Subject to these terms of use and any other agreement between us, the Company hereby grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to use the Website Content for your personal, educational, or commercial use as follows:

 

(a) you may print one copy of each generally accessible page of the Website for your own educational use
(b) you may have your computing device temporarily store copies of the Website Content in your device’s RAM as necessary for you to use the Website Content;
(c) you may have your web browser automatically cache the Website Content to enhance your experience using the Website; and
(d) you may display on one or more monitors, screens, or other digital displays for only your viewing of the Website Content to which the Company grants you access.

 

Among other uses excluded from the forgoing license, the license granted under these Terms of Use does not permit you to –

 

  • modify or delete any notice of any copyright, trademark, or other proprietary rights notices on the Website Content;
  • use the Website Content to associate yourself or another person with any of the Company’s products, services, or brands or suggest you or another person are an affiliate of the Company, except as permitted in an affiliate agreement entered between you and the Company;
  • resell or commercially exploit the Website Content;
  • use any product listing, description, or price listed on the Website for a purpose other than to make a purchasing decision with respect to that listed product or refer the product to someone else to potentially purchase from the Company;
  • make any derivative works from the Website Content, such as your own videos or images using Website Content;
  • download or copy account information for the benefit of anyone else; or
    use bots, data mining software, or similar data gathering and extraction tools on the Website.

 

If the Company grants you access to Website Content because you purchased a service from the Company, your use of that Website Content is subject to the Company’s Terms of Service, including any license granted under those Terms of Service.

 

If you copy, excerpt, modify, or make derivative works from the Website Content in a manner that would constitute fair use, you must prominently and in close proximity to your use of the Website Content give proper attribution to the Company as the source of the Website Content and provide a link to the Website in accordance with section 12 (titled “Linking to the Website”).

 

If you want to commercially exploit or otherwise use the Website or Website Content other than that set out in this section, you may submit a request to [email protected]. The Company is not obligated to grant or respond to such a request.

 

The Company does not transfer to you any interest in the Website Content. The Company reserves all rights that are not expressly granted under these terms of terms of use.

 

When you copy, share, or otherwise use the Website Content in breach of the terms of use, your license granted under this section (titled “Intellectual Property Rights”) will automatically revoke, you must immediately stop using the Website Content, and the Company may require you to return or destroy any copies of the Website Content you and your employees, agents, or other persons acting on your behalf have each made. Any use by you of the Website or Website Content other than as permitted in these terms of use will be deemed a breach of these terms of use and might also be a violation of the law.

 

12. Linking to the Website

 

You may link to any page of the Website that is readily available to the public located at https://www.produceyourpodcast.com if you comply with the following conditions:

 

(a) you link in a way that is not false, misleading, derogatory, or offensive with respect to the Company, any Related Person, or any of the Company’s or its Related Person’s respective products, services, brands, or Representatives;
(b) you do not cause Website Content to be displayed in a way that makes Website Content appear to be a part of another website, such as by use of embedding, framing, deep linking, or inline linking.
(c) you do not, without the Company’s written permission, suggest that you are associated with the Company or that the Company approved or endorsed the link;
(d) you do not use the Company’s intellectual property, including the Website Content, except in accordance with these terms of use or the Company’s written permission; and
(e) with respect to the Website Content, you in all ways act in accordance with these terms of use.

 

“Representative” means, with respect to an entity at the time of determination, any of that entity’s agents, advisors, coaches, consultants, employees, directors, officers, principals, and other representatives.

 

If you are an affiliate under the Company’s affiliate program, you may share affiliate links in accordance with the Company’s affiliate program terms available upon request, except if you entered a different agreement with the Company’s with respect to being an referral affiliate of the Company, your sharing of affiliate links will be governed by that other agreement.

 

The Company might, on one or more occasions, provide on the Website social media features that enable you to:

 

  • link to Website Content from your own or another person’s or entity’s website;
  • cause parts of the Website Content to display on your own or another person’s or entity’s website; or
  • send emails, messages, or other communications containing or linking to certain Website Content.

 

You may use these features only as the Company provides them, only with respect to the Website Content the features are associated with, and only if you comply with these terms of use and all additional terms the Company states with respect to those social media features.

 

The Company may, without notice to you, withdraw any linking permission granted in this section 12. The Company may disable one or more links and social media features at any time without notice to you or anyone else.

 

You shall immediately comply with any request of the Company for removal from your website or social media of any unauthorized framing, linking, or other unauthorized use of Website Content in violation of these terms of use.

 

13. Social Media

 

Subject to the Company’s terms of use, you may use any social media features the Company enables on the Website or any social media platforms the Company makes accessible to the general public. (See also section 12 titled “Linking to the Website”.)

 

Your participation on social media platforms (including any Facebook groups and Zoom meetings is subject to the terms set forth by Meta Platforms, Inc., Zoom Video Communications, Inc., and any other company that provides a platform on which the Company hosts or maintains an interactive forum or event. You acknowledge that the Company is not affiliated with the company’s hosting platforms, but is only a user like you. The Company will not be liable to you for any losses, expenses, or other harm resulting from any action or inaction taken by any Platform.

 

14. User-provided Content

 

The Company might, on one or more occasions, permit you and other Website users to display, post, share, transmit or otherwise provide information and content (“User Content”) using comment sections, forms, message boards, profiles, and other interactive features available on or through the Website.

 

Each time you provide User Content using an interactive feature on or through the Website, you grant the Company, its vendors, and its other service providers the right to display, distribute, modify, reproduce, share, and otherwise use that User Content for any purpose, subject to the Company’s Privacy Policy and your account settings (if applicable).

 

Before providing User Content by using an interactive feature on the Website, you shall make reasonable efforts to ensure that –

 

  • you own or control all rights in that User Content and have the right to grant the license granted under this section 15 to the Company, its vendors, and its other service providers; and
  • the User Content complies with these terms of use (including section 16 titled “Prohibited Actions and Statements”)

 

You are responsible for any User Content you provide, and you (not the Company) have full responsibility for such content, including its accuracy, appropriateness, and legality.

 

The Company will not be liable to you or anyone else for any damage, infringement, loss, or violation of law arising from User Content provided by you or someone else.

 

No User Content will be considered confidential or proprietary. Do not post User Content that you want to be treated as confidential or nonpublic.

 

Except as provided otherwise in a written agreement between you and the Company, the Company may revoke at any time, with or without notice to you, any permission that the Company grants you to provide User Content on or through Website.

 

15. Prohibited Actions and Statements

 

You acknowledge that the Company, in furtherance of its mission and financial interests, desires to establish and maintain an online community that is respectful, supportive, and law-abiding. You further acknowledge that, in support of that community, the Company desires that all User Content inspire, inform, or otherwise help other Website Users with respect to designing and building podcasts focused on revenue growth.

 

You may use the Website only in ways that comply with both these terms of use and applicable law.

 

You shall not say or do, or attempt to say or do, anything on or through the Website that the Company determines under these terms of use is –

 

(a) unlawful;

(b) harmful;

(c) objectionable;

(d) deceptive

(e) interferes with the Website;

(f) commercially exploitative; or

(g) otherwise inconsistent with these Terms of Use, or the Company’s Privacy Policy.

 

Unlawful. An action or statement will be considered unlawful if it –

 

  • promotes discrimination based on age, disability, gender, nationality, race, religion, sex, or sexual orientation;
  • is abusive, harassing, hateful, hurtful, or violent, or promotes actions or statements that are such;
  • exposes, or is intended or could be reasonably expected to expose minors to adult content, ask them for personally identifiable information, or otherwise harm or exploit minors; or
  • otherwise violates or promotes violating a law or regulation.

 

Harmful. An action or statement will be considered harmful if it –

 

  • actually does or is reasonably expected to violate a publicity right, privacy right, intellectual privacy right, or other right of another person or entity;
  • is intended or reasonably expected to cause needless alarm, anxiety, embarrassment or panic to another person;
  • is condescending, defamatory, demeaning, derogatory, libelous, slanderous, or otherwise disparaging;
  • actually does or could be reasonably expected to subject the Company, its Related Persons, or Website users to liability of any kind, including civil or criminal; or
  • is otherwise intended or could be reasonably expected to harm the Company, its Related Persons, Website users, or any other person.

 

Objectionable. An action or statement will be considered objectionable if it –

 

  • is intended or could be reasonably expected to annoy, inconvenience, or upset another person without a reasonable justification for taking the action or making the statement;
  • is indecent, inflammatory, obscene, or offensive/could be reasonably expected to be offensive to the average Website user, or
  • contains or promotes sexually explicit or pornographic material.

 

Deceptive. An action or statement will be considered deceptive if it –

 

  • is intended to cause another person to believe you are the Company, another user, or any other person but yourself;
  • misrepresents your identity or affiliation with the Company or any other person;
  • gives the false impression that the action or statement originated from or is endorsed by the Company or another person; or
  • whether by affirmative statement or omission, conveys information that you at the time knew, recklessly disregarded, or should have known is false or misleading with respect to a nontrivial fact.

 

Interference with the Website. An action or statement will be considered to interfere with the Website if it –

 

  • is intended or could be reasonably expected to limit or prevent another person’s use of the Website, including their ability to participate in forums, live events, or interactive features the Company makes available through the Website;
  • is intended or could be reasonably expected to make you appear to the Company or its software to be a different Website User or person;
  • is intended or could be reasonably expected to subject the Website, any server hosting it, or any device of the Company or Website user to any virus, worm, Trojan Horse, malicious code, or other harmful technology;
  • is in furtherance of accessing the Website, any part of it, any server hosting it, or any device or software connected to it in any way other than as authorized by the Company;
  • is in furtherance of accessing without appropriate permission an account that the Company assigned to another person to access the Website, any part of it, or interactive features on the Website;
  • is in furtherance of accessing the Website using any bot, web crawler, or other automated process, except such an action or statement will not be considered to interfere with the Website if it is in furtherance of including the Website in one or more search engines or to otherwise direct potential customers to the Website;
  • is made as part of or in furtherance of a manual process undertaken on a systematic or periodic basis to crawl the Website or copy any Website Content; or
  • otherwise involves use of or interaction with the Website in any way that might impair or overburden the Website or the servers hosting it, or circumvent controls, limitations, or monitoring put in place by the Company.

 

Commercially exploitative. An action or statement will be considered commercially exploitative if both (a) the action is taken or statement is made without the Company’s prior written permission, and (b) any of the following apply to the action or statement:

 

  • it is in furtherance of advertising, bartering, marketing, promoting, or selling the events, giveaways, goods, services, or special promotions of anyone other than the Company;
  • it is a communication with any other users of the Website for your own or someone else’s (other than the Company’s) commercial purpose; or
  • it is in furtherance of the commercial activities of anyone or any entity other than the Company.

 

16. Monitoring and Enforcement

 

The Company, its Related Persons, and each of the Company’s and its Related Person’s Representatives, as a matter of right, may take one or more of the following actions:

 

  • refuse to post, remove, or take other action with respect to any User Content without needing to provide any reason to you;
  • cooperate with any person or entity who claims that your User Content violates their intellectual property, privacy, publicity or other rights, including disclosing to such a person or entity your identity or other information about you if such person serves the Company with a subpoena, court order, or similar mandate;
  • cooperate or communicate with any court, law enforcement officer, or other government officials with respect to possible illegal or unauthorized use of the Website, including disclosing to such government officials your identity or other information about you; and
  • suspend or end your access to all or part of the Website if you violate these terms of use.

 

You agree the Company, its Related Persons, and each of the Company’s and its Related Person’s Representatives will not be liable to you for taking one or more of the forgoing actions.

 

You acknowledge that the Company does not review all Website Content, User Content, or other information before it is posted on the Website. The Company does not promise that content violating these terms of use, including section 16 (titled “Prohibited Actions and Statements”), will be removed in a timely manner, if at all. The Company does not promise it will remove any person who violates these terms of use.

 

The Company will not be liable for anything it does or does not do with respect to any action or statement by any Website user or other person. Nothing in these terms of use is intended to impose any liability, obligation, or responsibility on the Company with respect to the provisions of this section 17.

 

17. Copyright Fair Use

 

The Company provides content on the Website for educational and informational purposes.

 

To the extent copyrighted content is used on the Website, the Company has purchased, used with permission, credited and linked back to the original source, believes the content is public domain, or believes the use is fair use.

 

The Copyright Act of 1976 (“Copyright Act”) governs copyrights in the United States. Section 107 of the Copyright Act permits “fair use” of copyrighted content for the purpose of criticism, comment, news reporting, teaching, scholarship, and research. A use of copyrighted content that is “fair use” will not be infringement under the Copyright Act. You can learn more about fair use at https://www.copyright.gov/fair-use/more-info.html.

 

18. Reporting Copyright Infringement

 

The Company takes seriously the copyrights of others. It adopted the following process for you to report possible infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”).

 

The Company designates the following person to be its copyright agent for purposes of the DMCA:

Traci DeForge
1712 Club Gardens Dr. NE
Palm Bay, FL 32905
[email protected]

 

If you believe that a copyright you own has been infringed by User Content or other aspect of the Website, you or your authorized representative may request that the Company remove or disable access to the disputed content. To be effective, your request must be submitted in writing to the Company’s copyright agent at the [email protected] provided above and must include substantially the following:

 

  • your electronic or physical signature or such a signature of the person authorized to act on your behalf;
  • a description identifying each copyrighted work that you claim has been infringed;
  • a description identifying each piece of disputed content you claim violates a copyright you own and where that disputed content is located on the Website;
  • your address, telephone number, and, if available, e-mail address;
  • a statement that you have a good-faith belief that the use of your copyrighted work is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the foregoing information in the request is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

The Company will terminate the user account of any person or entity who is a repeat infringer.

 

19. Links to Websites Operated by Other People

 

To the extent the Website provides links to other websites and content operated by other persons (including links that are or contain advertisements), the Website does so for your convenience only. You acknowledge that the Company has no control over the content or websites operated by other persons. The Company will not be liable for any damage or other loss that may arise from your use of those websites or resources. You use those websites and resources at your own risk, and your use will be subject to the terms of use and privacy policies for those websites.

 

20. Statements by Others

 

This Website might contain statements by guest speakers, Website users, and other persons or entities who are not the Company. Each such statement is the sole opinion and the responsibility of the person or entity providing it and does not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any other person or entity for the statements provided by others.

 

21.Updating Website Content

 

The Company may update Website on one or more occasions. You acknowledge that although the Company may do so, any of the Website Content might be out of date at any given time. The Company is not obligated to update the Website Content or otherwise keep it up to date.

 

22. Disclaimers

 

THE FOLLOWING DISCLAIMERS APPLY TO YOUR USE OF THE WEBSITE, EXCEPT TO THE EXTENT THE DISCLAIMERS ARE PROHIBITED BY LAW OR SUPERSEDED BY A SEPARATE AGREEMENT BETWEEN YOU AND THE COMPANY:

 

All Information Is “As Is”

 

EXCEPT AS PROVIDED IN THE COMPANY’S TERMS OF SERVICE WHEN IT APPLIES, THE COMPANY PROVIDES ALL INFORMATION ON THE WEBSITE “AS IS,” AND MAKES NO CLAIMS OR PROMISES (EXPRESS OR IMPLIED) REGARDING THE WEBSITE OR ITS CONTENT’S ACCURACY, CURRENTNESS, COMPLETENESS, EFFICACY, LEGALITY, QUALITY, OR RELIABILITY. THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS IN, OR THE RESULTS FROM YOUR USE OF, THE WEBSITE OR ITS CONTENT. YOU USE THE WEBSITE AND ITS CONTENT AT YOUR OWN RISK.

 

Compliance with Local Laws

 

The Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. To the extent you are not located in the United States at the time you access the Website, you acknowledge you access the Website by your own choice and you agree you are responsible to comply with all the laws of the country and local governments in which you are located.

 

The Company Is Not Providing Professional Services

 

THE SERVICE PROVIDER IS NOT ACTING AS A LAWYER, CERTIFIED PUBLIC ACCOUNTANT, CERTIFIED FINANCIAL ADVISOR OR OTHER PROFESSIONAL LICENSED BY THE STATE OF [FLORIDA] OR ANY OTHER STATE (COLLECTIVELY, “PROFESSIONALS”). THE COMPANY DOES NOT PROVIDE ANY LEGAL, ACCOUNTING, TAX, OR FINANCIAL ADVICE OR SERVICES ON THIS WEBSITE OR OTHERWISE. THE COMPANY ENCOURAGES YOU TO RETAIN THE SERVICES OF A LICENSED PROFESSIONAL TO ANSWER YOUR SPECIFIC QUESTIONS OR ASSIST YOU WITH YOUR SPECIFIC MATTER, WHICH MAY INVOLVE A COMBINATION OF SPECIAL CIRCUMSTANCES UNIQUE TO YOU.

 

There Is No Privilege Protecting Our Communications

 

NEITHER THESE TERMS OF USE NOR YOUR USE OF THE WEBSITE WILL CREATE OR IMPLY AN ATTORNEY-CLIENT, ACCOUNTANT-CLIENT, OR FINANCIAL ADVISOR-CLIENT, OR OTHER PROFESSIONAL-CLIENT RELATIONSHIP BETWEEN THE CLIENT AND THE SERVICE PROVIDER. NONE OF THE COMMUNICATIONS BETWEEN YOU AND THE COMPANY WILL BE PROTECTED BY {[ATTORNEY-CLIENT, ACCOUNTANT-CLIENT OR OTHER PRIVILEGE, AND THUS DISCLOSURE OF THE COMMUNICATIONS COULD BE COMPELLED BY LAW.

 

No Promised Outcome

 

THE COMPANY MAKES NO GUARANTEES, PROMISES, OR PROJECTIONS ABOUT ANY OUTCOME FROM YOUR USE OF THE WEBSITE OR ANY INFORMATION OR OTHER CONTENT PROVIDED ON IT. YOUR RESULTS MAY VARY FROM THE RESULTS OBTAINED BY ANYONE ELSE, INCLUDING ANY PERSON WHO HAS PROVIDED USER CONTENT OR PROVIDED A TESTIMONIAL ABOUT THE COMPANY’S PRODUCTS AND SERVICES.

 

23. Limitations on Remedies and Liability

 

Liability Limited to Amount You Paid

 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING OUT OF THESE TERMS OF USE, THE WEBSITE, WEBSITE CONTENT, AND USER CONTENT WILL NOT EXCEED THE GREATER OF $2500 OR THE TOTAL AMOUNT YOU PAID TO THE COMPANY DURING THE 180-DAY PERIOD ENDING THE DAY THE LIABILITY AROSE. THIS LIMITATION OF LIABILITY WILL NOT APPLY TO LIABILITY ARISING FROM: (1) THE COMPANY’S NEGLIGENT, WILLFUL, FRAUDULENT, OR ILLEGAL MISCONDUCT; OR (2) DEATH, BODILY INJURY, OR INJURY TO PROPERTY CAUSED BY COMPANY.

 

Applicable Law Exception

 

NO PROVISION IN THESE TERMS OF USE WILL EXCLUDE OR LIMIT THE COMPANY’S LIABILITY TO THE EXTENT THE EXCLUSION OR LIMITATION OF LIABILITY WOULD VIOLATE APPLICABLE LAW. PROVISIONS TITLED “ALL INFORMATION IS “AS IS” AND “LIABILITY LIMITED TO AMOUNT YOU PAID” WILL NOT APPLY IF YOU RESIDE IN THE STATE OF NEW JERSEY.

 

24. Indemnification

 

You shall pay the Company, its Related Persons, and each Representative of the forgoing (collectively, the “Company Indemnitees”) for all their arbitration fees, court costs, legal costs, payments according to one or more judgments or settlements, professional fees, and other out-of-pocket costs and losses (“Indemnified Losses”) incurred in defending against, litigating, settling, or otherwise resolving any claims, damages, demands, investigations, liabilities, negotiations, subpoenas, suits, or other proceedings, criminal or civil, that arise out of your User Content, your negligent use of the Website, your intentional acts through or with respect to the Website, or your violation of these terms of use or applicable law. You will not be obligated to pay under this section 25 to the extent prohibited by law or the out-of-pocket expenses arise out of the negligent, intentional, fraudulent, or illegal acts or omissions of the Company or one or more of its Related Persons or Representatives.

 

25. Arbitration and Dispute Resolution

 

Negotiation and Mediation

 

If any dispute arising out of these terms of use, your use of the Website, or your User Content (“Dispute“) cannot be resolved through negotiation, the parties shall discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other type of adversarial proceeding.

 

Arbitration

 

Subject to the other provisions of this section 26, as the exclusive means of initiating adversarial proceedings to resolve any Dispute, a party may demand that the Dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and each party hereby consents to any such Dispute being so resolved. The arbitration will occur on an individual basis before a panel of one arbitrator sitting in Brevard County, Florida. Judgment on any award rendered in any such arbitration will be binding and may be entered in any court having jurisdiction.

 

YOU ACKNOWLEDGE THAT BY AGREEING TO ARBITRATE DISPUTES BETWEEN US UNDER THESE TERMS OF USE, YOU WILL BE WAIVING YOUR RIGHT TO A JURY TRIAL, ANY RIGHTS TO BRING A CLASS ACTION, OR RIGHTS TO HAVE CERTAIN CLAIMS AND ISSUES DECIDED IN A COURT.

 

Emergency Relief Exception

 

A party may seek from a court having jurisdiction any temporary remedy or emergency relief that may be necessary to protect any rights or property of such party pending the establishment of the arbitral tribunal or its determination of the merits of the Dispute.

 

Small-Claims Exceptions

 

Either party may file a breach-of-contract claim arising out of these terms of use in small-claims court rather than submitting that claim to binding arbitration. Any small-claims court proceeding for such a breach-of-contract claim must be initiated in a court located in Brevard County, Florida.

 

Either party may file a copyright claim arising out of these terms of use or the Website Content with the Copyright Claims Board of the U.S. Copyright Office rather than submitting that claim to binding arbitration.

 

Any proceeding brought under a provision of this section titled “Small-Claims Exceptions” will be limited solely to the individual Dispute between you and the Company.

 

Intellectual Property Exception

 

A party may seek from a court having jurisdiction an injunction to enjoin infringement or other misuse of that party’s intellectual property rights.

 

Governing Law and Jurisdiction

 

Florida law, without giving effect to its choice of law principles, governs these terms of use and all adversarial proceedings arising out of these terms of use, the Website Content, or your use of the Website.

 

26. Miscellaneous Provisions

 

Assignment

 

You shall not, without the Company‘s prior written consent, transfer to any other person any discretion granted under, right to satisfy a condition under, remedy under, or obligation imposed under these terms of use. Any attempted transfer violating this provision will be deemed void.

 

The Company may transfer to another person (including an entity) any of the Company’s discretion granted under, rights to satisfy a condition under, remedies under, or obligations imposed under these terms of use. The Company is not required to obtain your consent to such a transfer.

 

Waiver and Severability

 

To be effective, any waiver of satisfaction of a condition or nonperformance of an obligation under these terms of use must be in writing and signed by the party granting the waiver. A party’s waiver on one occasion will not operate as a waiver of satisfaction of a condition or nonperformance of an obligation on other occasions.

 

Severability

 

If a Dispute arises and the tribunal holds one or more provisions of these terms of use are unenforceable, the parties want the tribunal to order as follows:

 

(a) that each such unenforceable provision will be modified to the minimal extent necessary to make it enforceable or, if that modification is not permitted by law, each such provision will be disregarded;
(b) that any such unenforceable provision will remain in effect as written in any circumstances except those in which the provision is held to be unenforceable; and
(c) that the remainder of these terms of use will remain in effect as written by the parties.

 

Interpretation

 

The parties want this agreement to be interpreted in accordance with A Manual of Style for Contract Drafting, Fourth Edition.

 

Section Headings

 

If a Dispute arises, the parties want the tribunal to disregard section headings in these terms of use when interpreting these terms of use and not use those headings to determine the intent of the parties.

 

Entire Agreement

 

The following document comprise part of these terms of use:

 

  • the Privacy Policy.

 

These terms of use (including the documents listed above) constitute the entire understanding between the parties regarding the Website Content, your use of the Website, and other subject matter of these terms of use.

 

27. Electronic Communications to You

 

By using email, text message, the Website’s interactive features, any app used or created by the Company to provide services, or any other method of electronic communication (each an “Electronic Communication”) with the Company, or by creating an account with the Company, you agree to receive Electronic Communications from the Company and anyone acting on the Company’s behalf.

 

These Communications may be sent by automatic phone dialing or texting systems, contain prerecorded messages, or otherwise be sent automatically or manually to any method of Electronic Communication you use to communicate with or provide to the Company or anyone acting on its behalf.

 

The Company or anyone acting on its behalf may send such Electronic Communications for such purpose as –

 

  • informing you of special offers,
  • promoting the Company goods or services,
  • updating you regarding the performance or delivery of goods or services you purchase,
  • obtaining information or authorization from you necessary to complete a Purchase or provide you a purchased good or service,
  • responding to your customer service requests,
  • fulfilling any of the Company’s obligations to you under these terms of use or other agreement between you and the Company, or
  • otherwise fulfilling the purpose for which you provided your contact information to the Company.

 

28. Text Messaging

 

By using the Website or otherwise agreeing to these terms of use, you agree to receive text messages from the Company or anyone acting on its behalf that are generated by any automatic dialing or texting system.

 

You acknowledge that when you text message the Company, the Company might obtain your mobile phone number; your carrier’s name; the date, time and content of your message; and other information you provide to the Company or anyone acting on its behalf as part of messaging the Company.

 

You acknowledge that your phone carrier’s standard text messaging rates will apply to any text messages you send to or receive from the Company or anyone acting on its behalf, that other charges may apply, and that all charges are billed by and payable to your mobile service provider.

 

The Company will not be liable for any delay in performance or delivery arising from a mobile devices, carrier’s, or network provider’s delayed or ineffective transmission of any text messages.

 

You can at any time unsubscribe from receiving text messages from the Company by texting STOP. The Company will then send you a text confirming that you have been unsubscribed from the Company’s text messages.

 

Additional information regarding the Company’s use of text messaging is available in their Privacy Policy and Terms of Use located at https://www.joinbytext.com/privacy-policy/ and https://www.joinbytext.com/terms-of-use/.

 

29. Communicating with Us

 

Any notice of copyright infringement claims should be sent to the copyright agent in accordance with section 19 (titled “Reporting Copyright Infringement”).

 

All other communications with respect to the Website must be directed to the Company as follows:

 

  • by email to [email protected]
  • by phone to (213) 537-7330
  • [by mail or delivery to the following address:

 

Produce Your Podcast, LLC

ATTN: Traci DeForge, Founder

1712 Club Gardens Dr. NE

Palm Bay, FL 32905