We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site or any portion thereof.
Some functionality requires you to complete an account-registration form. You agree that we may use your User Data to provide services on the site, and you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction. We have the right to suspend or terminate your account and refuse any and all current or future use of the site at any time.
Subscription payments, renewals, and cancellation
If you choose to buy a membership subscription, payment will be charged to your account at the confirmation of purchase. The subscription automatically renews unless it is canceled before the end of the current period. Your account will be charged for renewal at the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the site after purchase.
All purchases are final. No refunds.
You are solely responsible for maintaining the security of the email address associated with your account and for restricting access to any devices and apps logged into the site. You accept responsibility for all activities that occur under your account or from your devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account or the personal information you provide, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the site or its contents. You accept all risks of unauthorized access to the User Data and any other information you provide to us.
You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, available in connection with the site are the sole responsibility of the person from whom such Content originated. We do not guarantee the accuracy, integrity, or quality of such Content. You understand that by using the site, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the site.
You agree to not interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site; and/or intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the site.
You acknowledge, consent and agree that we may access, preserve and disclose your User Data, Payment Method information, and other Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of us, its users and the public. Subject to the foregoing, we will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.
The site and its content are provided for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell for any commercial purposes any portion of the site, its content, use of the site, or access to the site.
The site may provide you with the ability to send emails or other communications to third party service providers, advertisers, other users, and/or us. You agree to use communication methods available on the site only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms. By using any of the communications methods available on the site, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise by Accidental Tech Podcast) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the site and any necessary software used in connection with the site (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the site, the software, or Content available on the site (other than Content that you may submit), in whole or in part.
We grant you a personal, non-transferable and non-exclusive right and license to access and use the site; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the site. You agree not to access the site by any means other than through the interface that is provided by us for use in accessing the site.
Any third party trademarks or service marks displayed on the site are the property of their respective owners.
We reserve all rights not expressly granted hereunder.
Disclaimer of Warranties and Liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE ON THE SITE ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. ACCIDENTAL TECH PODCAST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ACCIDENTAL TECH PODCAST AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE SITE OR CONTENT WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE ACCIDENTAL TECH PODCAST, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SITE OR CONTENT, (b) YOUR DEALINGS WITH THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SITE, (c) ANY DELAY OR INABILITY TO USE THE SITE OR CONTENT EXPERIENCED BY YOU, (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ACCIDENTAL TECH PODCAST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the site, your use of the site, your connection to the site, your violation of the Terms, or your violation of any rights of another person or entity.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your account and/or access to the site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the site. Termination of your account may include (x) removal of access to all offerings within the site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the site. Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your account or access to the site.
This site is controlled by Accidental Tech Podcast from its offices within the United States of America. We make no representation that the Content in the site are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any action related to the site, the Content, or the Terms shall be governed by New York law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Westchester County, New York for any legal proceedings related to the site or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sections 9, 11, 12, 13, 15 and 16 shall survive termination of your account and/or the Terms.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Accidental Tech Podcast as a result of the Terms or your use of the site. The Terms constitute the entire agreement between you and Accidental Tech Podcast with respect to your use of the site. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your account or your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the site. Our notice to you via email, regular mail, or notices or links on the site shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.