Terms of Service
The following terms and conditions govern all use of the PodcastWise Web Services, Inc. ("PodcastWise”) website and all content, services and products available at, or through, the PodcastWise domain PodcastWise.com (the “Website”),including, but not limited to, the PodcastWise user management service (collectively with the Website, the “Services”). The Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Website by PodcastWise (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by PodcastWise, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
- Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”),you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: fraud or an unauthorized or illegal transaction is suspected, product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
You are responsible for your use of our software. We are not responsible for your failure to abide by third party terms and conditions.
- Availability, Errors and Inaccuracies
The PodcastWise app or website is available “as is”, at your own risk, without express or implied warranty of any kind, including, without limitation. We will not be responsible for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the services or software.
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms of Use. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the Promotion rules will apply. You agree to let us use your name or company name for marketing purposes.
- Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
- Third Party Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by PodcastWise.
PodcastWise has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
By using the Service, you agree that any contacts or emails which are provided, or given access to through our software, or through importing can be used for improving accuracy of the Service. You are solely responsible for any data, including any and all legalities, you upload into the PodcastWise system.
You acknowledge and agree that PodcastWise shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
- Your Responsibility
Information and content accessible through our Software or Services may be protected by intellectual property rights of others. Please do not copy, share, download, or upload any information or content unless you have the right to do so. You, not us, will be fully responsible and liable for what you copy, share, download, upload, or otherwise use while using the Software or Services. You may not use the Software or Service to spam others. You cannot upload spyware or any other malicious software to the Software.
You are responsible for abiding be the emailing laws of the country where you are sending email. You must follow email privacy rights of CAN-SPAM, CASL, and those of other countries in which email laws exist.
You, not us, are responsible for maintaining and protecting all of your data such as your list of leads, email copy, scheduling data, and any other data used in conjunction with the Service or Software. We will not be liable for any loss or corruption of said data, or for any costs or expenses associated with backing up or restoring the data.
You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account with someone you do not fully trust.
You are responsible for all of your activities that occur within, through or as a result of your use of the PodcastWise Services. You agree that you will not use PodcastWise for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third party privacy or other rights.
- Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you must cancel your account from the Billing & Users page. Visit this page for termination process of annual commitments. Otherwise, accounts will continue to be billed through automatic renewal until you cancel your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are responsible for canceling your account prior to your next billing date. You are not eligible for a refund for any reason.
Data provided to you through the PodcastWise platform, outside of the free trial data, can only be used while you have an active PodcastWise subscription. You are responsible for deleting any data you may have downloaded, copied, exported, or sent to third parties upon the cancellation of your account.
- Indemnification
You agree to defend, indemnify and hold harmless PodcastWise and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees),resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
- Limitation Of Liability
In no event shall PodcastWise, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
PodcastWise its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
- Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of Arizona, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
- Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
- Contact Us
In the event that you have any questions about these Terms of Use, or that you need further assistance with respect to the access or use of the Website or Services, please notify us at the contact information listed below:
Last modified: October 1st, 2018