Terms Of Service

Our complete Terms of Service

Podcast Inc
a DSHG Sonic Company
Suite #189
1028 Boulevard
West Hartford CT - 06119

This Terms of Service document is effective as of December 16, 2019.

Please read the following terms carefully
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING,INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOUHAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOUAGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING PODCAST INC’SPRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES PODCAST INC MAY PROVIDEFROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible,or do not agree to the Terms, then you do not have our permission to use theService. YOUR USE OF THE SERVICE, AND PODCAST INC’S PROVISION OF THE SERVICE TOYOU,CONSTITUTES AN AGREEMENT BY PODCAST INC AND BY YOU TO BE BOUND BY THESETERMS.Please read the Podcast Inc Privacy Policy (https://podcastinc.io/privacy)carefully for information relating to our collection, use, storage, disclosureof your personal information. The Podcast Inc Privacy Policy is incorporated bythis reference into, and made a part of, these Terms.

Arbitration notice
Except for certain kinds of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOUAND PODCAST INC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract(except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16).

1.Podcast Inc Service Overview
The Service provides a transcription,translation, social media management and website management service that enables users to support and grow their podcast holistically.

2.Eligibility You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a)you are at least [18] years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and references to you herein (and all of your obligations hereunder) will refer to such entity and any individual using the Service on such entity’s behalf.

3. Accounts and Registration To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name,email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@podcastinc.io.

4. General Payment Terms Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
4.1 Price
Podcast Inc reserves the right to determine pricing for the Service. PodcastInc will make reasonable efforts to keep pricing information published on thewebsite up to date. We encourage you to check our website periodically forcurrent pricing information, located here: https://podcastinc.io.Podcast Inc may change the fees for any feature of the Service, includingadditional fees or charges, if Podcast Inc gives you advance notice of changesbefore they apply. Podcast Inc, at its sole discretion, may make promotionaloffers with different features and different pricing to any of Podcast Inc’scustomers. These promotional offers, unless made to you, will not apply to youroffer or these Terms.4.2 Authorization
You authorize Podcast Inc to charge all sums for the orders that you make andany level of Service you select as described in these Terms or published by PodcastInc, to the payment method specified in your account. If you pay any fees witha credit card, Podcast Inc may seek pre-authorization of your credit cardaccount prior to your purchase to verify that the credit card is valid and hasthe necessary funds or credit available to cover your purchase.4.3 Subscription Service and CancellationPolicy
The Service may include automatically recurring payments for periodic charges(“Subscription Service”). If you activate a Subscription Service, youauthorize Podcast Inc to periodically charge, on a going-forward basis anduntil cancellation of either the recurring payments or your account, allaccrued sums on or before the payment due date for the accrued sums. The “SubscriptionBilling Date” is the date when you purchase your first subscription to theService. For information on the “Subscription Fee”, please see our Pricingpage. Your account will be charged automatically on the Subscription BillingDate all applicable fees for the next subscription period. The subscriptionwill continue unless and until you cancel your subscription or we terminate it.You must cancel your subscription before it renews in order to avoid billing ofthe next periodic Subscription Fee to your account. We will bill the periodicSubscription Fee to the payment method you provide to us during registration(or to a different payment method if you change your payment information). Youmay cancel the Service by contacting us at: support@podcastinc.io.4.4 Delinquent Accounts
Podcast Inc may suspend or terminate access to the Service for any account forwhich any amount is due but unpaid. In addition to the amount due for theService, a delinquent account will be charged with fees or charges that areincidental to any chargeback or collection of any the unpaid amount, includingcollection fees.5.Licenses5.1 Permission to Use
Subject to your complete and ongoing compliance with these Terms, Podcast Incgrants you limited, non-transferable, non-sublicensable, revocable permissionto access and use the Service for your personal, internal use during the Term atthe level of service for which you have paid all applicable Fees.5.2 Restrictions
Except and solely to the extent such a restriction is impermissible underapplicable law, you may not: (a) reproduce, distribute, publicly display, orpublicly perform the Service; (b) make modifications to the Service; or (c)interfere with or circumvent any feature of the Service, including any securityor access control mechanism. If you are prohibited under applicable law fromusing the Service, you may not use it. You may not use the Service on behalf ofany third party, or in a service bureau or similar capacity.5.3 Feedback
If you choose to provide input and suggestions regarding problems with orproposed modifications or improvements to the Service (“Feedback”), thenyou hereby grant Podcast Inc an unrestricted, perpetual, irrevocable,non-exclusive, fully-paid, royalty-free right to exploit the Feedback in anymanner and for any purpose, including to improve the Service and create otherproducts and services.6.Ownership; Proprietary RightsThe Service is owned and operated by PodcastInc. The visual interfaces, graphics, design, compilation, information, data,computer code (including source code or object code), products, software, services,templates, and all other elements of the Service (“Materials”) providedby Podcast Inc are protected by intellectual property and other laws. AllMaterials included in the Service are the property of Podcast Inc or its thirdparty licensors. Except as expressly authorized by Podcast Inc, you may notmake use of the Materials. Podcast Inc reserves all rights to the Materials notgranted expressly in these Terms.7.Third Party Terms7.1 Third Party Services and Linked Websites
Podcast Inc provides tools through the Service that enable you to import andexport information, including User Content, to and from third party services,including through features that allow you to link your account on Podcast Incwith an account on a third party social network service, such as Twitter orFacebook. By using one of these tools, you agree that Podcast Inc may transferthat information to and from the applicable third party service. Third partyservices are not under Podcast Inc’s control, and Podcast Inc is notresponsible for any third party service’s use of your exported information. TheService may also contain links to third party websites. Linked websites are notunder Podcast Inc’s control, and Podcast Inc is not responsible for theircontent.7.2 Third Party Software
The Service may include or incorporate third party software components that aregenerally available free of charge under licenses granting recipients broadrights to copy, modify, and distribute those components (“Third PartyComponents”). Although the Service is provided to you subject to theseTerms, nothing in these Terms prevents, restricts, or is intended to prevent orrestrict you from obtaining Third Party Components under the applicable thirdparty licenses or to limit your use of Third Party Components under those thirdparty licenses.8.User Content8.1 User Content Generally
Certain features of the Service may permit users to upload content to theService, including social media posts and other content which may be comprisedof messages, reviews, photos, video, images, data, text, and other types ofworks (“User Content”) and to publish User Content on the Service. Youretain any copyright and other proprietary rights that you may hold in the UserContent that you post to the ServiceNevertheless, we need certainpermission from you in order to provide the Service.8.2 Limited License Grant to Podcast Inc
By providing User Content to or via the Service, you grant Podcast Inc aworldwide, non-exclusive, royalty-free, fully paid right and license (with theright to sublicense) to host, store, transfer, display, perform, reproduce,modify for the purpose of formatting for display, and distribute your UserContent, in whole or in part, in any media formats and through any mediachannels now known or hereafter developed.8.3 Limited License Grant to Other Users
By providing User Content to or via the Service to other users of the Service,you grant those users a non-exclusive license to access and use that UserContent as permitted by these Terms and the functionality of the Service.8.4 User Content Representations andWarranties
Podcast Inc disclaims any and all liability in connection with User Content.You are solely responsible for your User Content and the consequences ofproviding User Content via the Service. By providing User Content via theService, you affirm, represent, and warrant that:a) you are the creator and owner of the UserContent, or have the necessary licenses, rights, consents, and permissions toauthorize Podcast Inc and users of the Service to use and distribute your UserContent as necessary to exercise the licenses granted by you in this Section,in the manner contemplated by Podcast Inc, the Service, and these Terms;b) your User Content, and the use of your UserContent as contemplated by these Terms, does not and will not: (i) infringe,violate, or misappropriate any third party right, including any copyright,trademark, patent, trade secret, moral right, privacy right, right ofpublicity, or any other intellectual property or proprietary right; (ii)slander, defame, libel, or invade the right of privacy, publicity or otherproperty rights of any other person; or (iii) cause Podcast Inc to violate anylaw or regulation; andc) your User Content could not be deemed by areasonable person to be objectionable, profane, indecent, pornographic,harassing, threatening, embarrassing, hateful, or otherwise inappropriate.d) your User Content does not and will not containHateful Content, a Threat of Physical Harm, or HarassmentThe following serves as a guide to helpillustrate generally the types of content that fall within the scope of PodcastInc’s policy on Hateful Content, Threats of Physical Harm, and Harassment, butis not exhaustive. This Section 8.4(d) does not limit any of our other rightsor remedies provided herein. For the avoidance of doubt, your User Content maynot include, and Podcast Inc may remove or refuse to publish or promote anyUser Content that violates the terms or policies of any third party platformwith which Podcast Inc’s Services integrate or interoperate.Hateful Content includes:
Any statement, image, photograph, or other content that in our sole judgmentcould be reasonably perceived to harm, threaten, demean, promote the harassmentof, promote the intimidation of, or promote the abuse of others for any reason,including by reason of race, gender or gender identity, national origin, sexualorientation, religion, or otherwise.A Threat of Physical Harm includes:
Any statement, photograph, advertisement, or other content that in our solejudgment could be reasonably perceived to threaten, advocate, or incitephysical harm to or violence against others, including references to current orhistorical figures or groups that are known for purporting such content, suchas the Ku Klux Klan, Nazi Party, and the pke.Harassment includes:·      Revealing someone’s personal information, alsoknown as “doxxing”.·      Online stalking, and bullying.·      Wishes for physical harm directed at a personor persons.·      Incitement of others to any of the previousitems.We reserve the right to suspend or terminateaccounts and remove individual posts which contain Hateful Content, a Threat ofPhysical Harm, or Harassment.We also may suspend or terminate your accountif we determine, in our sole discretion, that you are either:·      An organization which has publicly stated oracknowledged that its goals, objectives, positions, or founding tenets includestatements or principles that could be reasonably perceived to advocate,encourage, or sponsor Hateful Content, Harassment, or A Threat of PhysicalHarm.·      A person or organization that has acted insuch a way as could be reasonably perceived to support, condone, encourage, orrepresent Hateful Content, Harassment, or A Threat of Physical Harm.Notwithstanding the foregoing, we reserve theright to screen, remove, edit, or block any User Content we find in violationof the Terms or that we find, in our sole discretion to be otherwiseobjectionable, at our sole discretion.8.5 User Content Disclaimer
We are under no obligation to edit or control User Content that you or otherusers post or publish, and will not be in any way responsible or liable forUser Content. Podcast Inc may, however, at any time and without prior notice,screen, remove, edit, or block any User Content that in our sole judgmentviolates these Terms or is otherwise objectionable. You understand that whenusing the Service you will be exposed to User Content from a variety of sourcesand acknowledge that User Content may be inaccurate, offensive, indecent, orobjectionable. You agree to waive, and do waive, any legal or equitable rightor remedy you have or may have against Podcast Inc with respect to UserContent. If notified by a user or content owner that User Content allegedlydoes not conform to these Terms, we may investigate the allegation anddetermine in our sole discretion whether to remove the User Content, which wereserve the right to do at any time and without notice. For clarity, PodcastInc does not permit copyright-infringing activities on the Service.8.6 Monitoring Content
Podcast Inc does not control and does not have any obligation to monitor: (a)User Content; (ii) any content made available by third parties; or (iii) theuse of the Service by its users. You acknowledge and agree that Podcast Increserves the right to, and may from time to time, monitor any and allinformation transmitted or received through the Service for operational andother purposes. If at any time Podcast Inc chooses to monitor the content, PodcastInc still assumes no responsibility or liability for content or any loss ordamage incurred as a result of the use of content. During monitoring,information may be examined, recorded, copied, and used in accordance with ourPrivacy Policy.9.Prohibited ConductBY USING THE SERVICE YOU AGREE NOT TO:·      use the Service for any illegal purpose or inviolation of any local, state, national, or international law;·      violate, or encourage others to violate, anyright of a third party, including by infringing or misappropriating any thirdparty intellectual property right;·      interfere with security-related features ofthe Service, including by: (i) disabling or circumventing features that preventor limit use or copying of any content; (ii) reverse engineering or otherwiseattempting to discover the source code of any portion of the Service except tothe extent that the activity is expressly permitted by applicable law; or (iii)hacking, password “mining” or using any other illegitimate means ofinterference;·      modify or create derivatives of any part ofthe Service;·      interfere with the operation of the Service orany user’s enjoyment of the Service, including by: (i) uploading or otherwisedisseminating any virus, adware, spyware, worm, or other malicious code; (ii)making any unsolicited offer or advertisement to another user of the Service;(iii) collecting personal information about another user or third party withoutconsent; or (iv) interfering with or disrupting any network, equipment, orserver connected to or used to provide the Service;·      perform any fraudulent activity includingimpersonating any person or entity, claiming a false affiliation, accessing anyother Service account without permission, or falsifying your age or date ofbirth;·      take action that imposes an unreasonable ordisproportionately large load on the infrastructure of the Service of PodcastInc’s systems or networks, or any systems or networks connected to the Serviceor Podcast Inc;·      sell or otherwise transfer the access grantedunder these Terms or any Materials (as defined in Section 6) or any right orability to view, access, or use any Materials; or·      attempt to do any of the acts described inthis Section 9 or assist or permit any person in engaging in any of the actsdescribed in this Section 9.10.Digital Millennium Copyright Act10.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Actapplicable to Internet service providers (17 U.S.C. §512, as amended). If youhave an intellectual property rights-related complaint about material posted onthe Service, you may contact our Designated Agent at the following address:Podcast Inc,
Email: support@podcastinc.ioAny notice alleging that materials hosted byor distributed through the Service infringe intellectual property rights mustinclude the following information:·      an electronic or physical signature of the personauthorized to act on behalf of the owner of the copyright or other right beinginfringed;·      a description of the copyrighted work or otherintellectual property that you claim has been infringed;·      a description of the material that you claimis infringing and where it is located on the Service;·      your address, telephone number, and emailaddress;·      a statement by you that you have a good faithbelief that the use of the materials on the Service of which you arecomplaining is not authorized by the copyright owner, its agent, or the law;and·      a statement by you that the above informationin your notice is accurate and that, under penalty of perjury, you are thecopyright or intellectual property owner or authorized to act on the copyrightor intellectual property owner's behalf.10.2 Repeat Infringers
It is Podcast Inc’s policy to promptly terminate the accounts of users that aredetermined by Podcast Inc to be repeat infringers.11.Modification of these TermsWe reserve the right to change these Terms ona going-forward basis at any time. Please check these Terms periodically forchanges. Modifications will become effective upon the earlier of (a) youracceptance of the modified Terms, (b) your use of the Service with actualknowledge of the modified Terms, or (c) thirty (30) days following ourpublication of the modified Terms through the Service. Except as expresslypermitted in this Section 11, these Terms may be amended only by a writtenagreement signed by authorized representatives of the parties to these Terms.Disputes arising under these Terms will be resolved in accordance with theversion of these Terms that was in effect at the time the dispute arose.12.Term, Termination and Modification of the Service12.1 Term
These Terms are effective beginning when you accept the Terms or firstdownload, install, access, or use the Service, and ending when terminated asdescribed in Section 12.2.12.2 Termination
If you violate any provision of these Terms, your authorization to access theService and these Terms automatically terminate. In addition, Podcast Inc may,at its sole discretion, terminate these Terms or your account on the Service,or suspend or terminate your access to the Service, at any time for any reasonor no reason, with or without notice. You may terminate your account and theseTerms at any time as provided in Section 4.3 or by contacting customer serviceat support@podcastinc.io.12.3 Effect of Termination
Upon termination of these Terms: (a) your license rights will terminate and youmust immediately cease all use of the Service; (b) you will no longer beauthorized to access your account or the Service; (c) you must pay Podcast Incany unpaid amount that was due prior to termination; and (d) all paymentobligations accrued prior to termination and Sections 5.3, 6, 12.3, 13, 14, 15,16 and 17 will survive.12.4 Modification of the Service
Podcast Inc reserves the right to modify or discontinue the Service at any time(including by limiting or discontinuing certain features of the Service),temporarily or permanently, without notice to you. Podcast Inc will have noliability for any change to the Service or any suspension or termination ofyour access to or use of the Service. Premium service fees are not refundable.13.IndemnityYou are responsible for your use of theService, and you will defend and indemnify Podcast Inc and its officers,directors, employees, consultants, affiliates, subsidiaries and agents(together, the “Podcast Inc Entities”) from and against every claimbrought by a third party, and any related liability, damage, loss, and expense,including reasonable attorneys’ fees and costs, arising out of or connectedwith: (a) your use of, or misuse of, the Service; (b) your violation of anyportion of these Terms, any representation, warranty, or agreement referencedin these Terms, or any applicable law or regulation; (c) your violation of anythird party right, including any intellectual property right or publicity,confidentiality, other property, or privacy right; or (d) any dispute or issuebetween you and any third party. We reserve the right, at our own expense, toassume the exclusive defense and control of any matter otherwise subject toindemnification by you (without limiting your indemnification obligations withrespect to that matter), and in that case, you agree to cooperate with ourdefense of those claims.14.Disclaimers; No WarrantiesTHE SERVICE AND ALL MATERIALS AND CONTENTAVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE”BASIS. PODCAST INC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS ORIMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLETHROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT;AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PODCASTINCDOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANYMATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED,SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PODCASTINC DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE OR INFORMATION, WHETHER ORAL ORWRITTEN, OBTAINED BY YOU FROM THE SERVICE OR PODCAST INC ENTITIES OR ANYMATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTYREGARDING ANY OF THE PODCAST INC ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLYSTATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULTFROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTANDAND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION ANDRISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY(INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THESERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.HOWEVER, PODCAST INC DOES NOT DISCLAIM ANYWARRANTY OR OTHER RIGHT THAT PODCAST INC IS PROHIBITED FROM DISCLAIMING UNDERAPPLICABLE LAW.15.Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NOEVENT WILL THE PODCAST INC ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FORLOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF ORRELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THESERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY,CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, ANDWHETHER OR NOT ANY PODCAST INC ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OFDAMAGE.EXCEPT AS PROVIDED IN SECTION 16.4(iii) AND TOTHE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE PODCAST INCENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANYINABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS,WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THEAMOUNT YOU HAVE PAID TO PODCAST INC FOR ACCESS TO AND USE OF THE SERVICE IN THE12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $100.EACH PROVISION OF THESE TERMS THAT PROVIDESFOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OFDAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDERTHESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THEBARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE ANDINDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THISSECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIALPURPOSE.16.Dispute Resolution and Arbitration16.1 Generally
In the interest of resolving disputes between you and Podcast Inc in the mostexpedient and cost effective manner, and except as described in Section 16.2,you and Podcast Inc agree that every dispute arising in connection with theseTerms will be resolved by binding arbitration. Arbitration is less formal thana lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge orjury, may allow for more limited discovery than in court, and can be subject tovery limited review by courts. Arbitrators can award the same damages andrelief that a court can award. This agreement to arbitrate disputes includesall claims arising out of or relating to any aspect of these Terms, whetherbased in contract, tort, statute, fraud, misrepresentation, or any other legaltheory, and regardless of whether a claim arises during or after thetermination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTOTHESE TERMS, YOU AND PODCAST INC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURYOR TO PARTICIPATE IN A CLASS ACTION.16.2 Exceptions
Despite the provisions of Section 16.1, nothing in these Terms will be deemedto waive, preclude, or otherwise limit the right of either party to: (a) bringan individual action in small claims court; (b) pursue an enforcement actionthrough the applicable federal, state, or local agency if that action isavailable; (c) seek injunctive relief in a court of law in aid of arbitration;or (d) to file suit in a court of law to address an intellectual property infringementclaim.16.3 Arbitrator
Any arbitration between you and Podcast Inc will be settled under the FederalArbitration Act and administered by the American Arbitration Association(“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) asmodified by these Terms. The AAA Rules and filing forms are available onlineat www.adr.org, by calling theAAA at 1-800-778-7879, or by contacting Podcast Inc. The arbitrator hasexclusive authority to resolve any dispute relating to the interpretation,applicability, or enforceability of this binding arbitration agreement.16.4 Notice of Arbitration; Process
A party who intends to seek arbitration must first send a written notice of thedispute to the other party by certified U.S. Mail or by Federal Express(signature required) or, only if that other party has not provided a currentphysical address, then by electronic mail (“Notice of Arbitration”). PodcastInc’s address for Notice is: Podcast Inc, DSHG Sonic LLC 1022 Boulevard, Suite#189, West Hartford CT 06119. The Notice of Arbitration must: (a) describe thenature and basis of the claim or dispute; and (b) set forth the specific reliefsought (“Demand”). The parties will make good faith efforts to resolve the claimdirectly, but if the parties do not reach an agreement to do so within 30 daysafter the Notice of Arbitration is received, you or Podcast Inc may commence anarbitration proceeding. During the arbitration, the amount of any settlementoffer made by you or Podcast Inc must not be disclosed to the arbitrator untilafter the arbitrator makes a final decision and award, if any. If the disputeis finally resolved through arbitration in your favor, Podcast Inc will pay youthe highest of the following: (i) the amount awarded by the arbitrator, if any;(ii) the last written settlement amount offered by Podcast Inc in settlement ofthe dispute prior to the arbitrator’s award; or (iii) $10,000.16.5 Fees
If you commence arbitration in accordance with these Terms, Podcast Inc willreimburse you for your payment of the filing fee, unless your claim is for morethan $10,000, in which case the payment of any fees will be decided by the AAARules. Any arbitration hearing will take place at a location to be agreed uponin Hartford County Connecticut, but if the claim is for $10,000 or less, youmay choose whether the arbitration will be conducted: (a) solely on the basisof documents submitted to the arbitrator; (b) through a non-appearance basedtelephone hearing; or (c) by an in-person hearing as established by the AAARules in the county (or parish) of your billing address. If the arbitratorfinds that either the substance of your claim or the relief sought in theDemand is frivolous or brought for an improper purpose (as measured by thestandards set forth in Federal Rule of Civil Procedure 11(b)), then the paymentof all fees will be governed by the AAA Rules. In that case, you agree toreimburse Podcast Inc for all monies previously disbursed by it that areotherwise your obligation to pay under the AAA Rules. Regardless of the mannerin which the arbitration is conducted, the arbitrator must issue a reasonedwritten decision sufficient to explain the essential findings and conclusionson which the decision and award, if any, are based. The arbitrator may makerulings and resolve disputes as to the payment and reimbursement of fees orexpenses at any time during the proceeding and upon request from either partymade within 14 days of the arbitrator’s ruling on the merits.16.6 No Class Actions
YOU AND PODCAST INC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY INYOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANYPURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PodcastInc agree otherwise, the arbitrator may not consolidate more than one person’sclaims, and may not otherwise preside over any form of a representative orclass proceeding.16.7 Modifications to this ArbitrationProvision
If Podcast Inc makes any future change to this arbitration provision, otherthan a change to Podcast Inc’s address for Notice of Arbitration, you mayreject the change by sending us written notice within 30 days of the change to PodcastInc’s address for Notice of Arbitration, in which case your account with PodcastInc will be immediately terminated and this arbitration provision, as in effectimmediately prior to the changes you rejected will survive.16.8 Enforceability
If Section 16.6 is found to be unenforceable or if the entirety of this Section16 is found to be unenforceable, then the entirety of this Section 16 will benull and void and, in that case, the parties agree that the exclusivejurisdiction and venue described in Section 17.1 will govern any action arisingout of or related to these Terms.17.General TermsThese Terms, together with the Privacy Policyand any other agreements expressly incorporated by reference into these Terms,are the entire and exclusive understanding and agreement between you and PodcastInc regarding your use of the Service. You may not assign or transfer theseTerms or your rights under these Terms, in whole or in part, by operation oflaw or otherwise, without our prior written consent. We may assign these Termsat any time without notice or consent. The failure to require performance ofany provision will not affect our right to require performance at any othertime after that, nor will a waiver by us of any breach or default of theseTerms, or any provision of these Terms, be a waiver of any subsequent breach ordefault or a waiver of the provision itself. Use of section headers in theseTerms is for convenience only and will not have any impact on theinterpretation of any provision. Throughout these Terms the use of the word“including” means “including but not limited to”. If any part of these Terms isheld to be invalid or unenforceable, the unenforceable part will be giveneffect to the greatest extent possible, and the remaining parts will remain infull force and effect.17.1 Governing Law
These Terms are governed by the laws of the State of Connecticut without regardto conflict of law principles. You and Podcast Inc submit to the personal andexclusive jurisdiction of the state courts and federal courts located within HartfordCounty, Connecticut for resolution of any lawsuit or court proceeding permittedunder these Terms.17.2 Consent to Electronic Communications
By using the Service, you consent to receiving certain electroniccommunications from us as further described in our Privacy Policy. Please readour Privacy Policy to learn more about our electronic communications practices.You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
17.3 Contact Information
The Service is offered by Podcast Inc, Inc. which is a DSHG Sonic company and is located at 1022 Boulevard, Suite #189, West Hartford CT 06119. You may contact us by sending correspondence to that address or by emailing us at support@podcastinc.io.
17.4 Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3,you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N.Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at(800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
17.5 International Use
Access to the Service from countries or territories or by individuals wheresuch access is illegal is prohibited