AUDIENCE TOWN WEBSITE TERMS & CONDITIONS

Welcome to Audience Town!  These Terms of Use (these “Terms of Use”) govern your use of the Audience Town, Inc. (“Audience Town,” “we,” “us,” “our”) website located at www.audiencetown.com (the “Site”).  Your use of the Site is subject at all times to these Terms of Use, please read them carefully. This is an agreement between you and Audience Town. If you do not accept these Terms of Use, you are prohibited from using the Website.

WE OFFER OUR SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF USE WITHOUT MODIFICATION. BY USING OUR SITE YOU ACCEPT THESE TERMS OF USE.

Section 1. Use of the Site

You acknowledge and agree that the Site may contain content or features (collectively “Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Audience Town, you agree not to modify, copy, download, frame, scrape, rent, lease, loan, sell, distribute, record, or create derivative works based on the Site or the Site Content, in whole or in part. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized by Audience Town is strictly prohibited.

Section 2. Communications with You

While on our Site, you may be prompted to provide your email address to subscribe to our newsletter or to request a demo. By providing your email address, you consent to receiving emails from Audience Town regarding our products and services. You may unsubscribe by clicking the “Unsubscribe here” button at the bottom of any emails we send. Please know that even if you unsubscribe from receiving promotional emails, you may continue to receive administrative emails from Audience Town. Emails will only be sent to the email address you provided. If your email address changes, you are responsible for notifying us of that change.  Our use of your email is subject at all times to the terms of our Privacy Policy. We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Section 3. Logos and Trademarks

The Audience Town name and logos are trademarks or registered trademarks of Audience Town(collectively the “Audience Town Trademarks”). Other company products and service names and logos used and displayed via the Site may be trademarks or registered trademarks of their respective owners. Nothing in these Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Audience TownTrademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Audience Town Trademarks will inure to our exclusive benefit.

Section 4. Third Party Materials

The Site may contain links to other Internet websites owned by third parties. Your use of each of those websites is subject to the terms and conditions, if any, that each of those websites has posted. You acknowledge and agree that we have no control over websites that are not ours, and we are not responsible for any changes to and/or content on them. Our inclusion on the Site of any third-party content or a link to a third-party website is not an endorsement of that content or third-party site. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. 

Section 5. Your Conduct

(a) The technology and the software underlying our Site is the property of Audience Town or its licensors. You agree not to sell, assign, distribute, reverse engineer, copy, modify, rent, lease, loan, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site. You agree not to take any action for the purpose of obtaining unauthorized access to the Site.

(b) You agree that you will not (i) use the Site to publish, post, upload, e-mail, distribute, or disseminate (collectively, “transmit”) any offensive, inappropriate, profane, defamatory, infringing, vulgar, sexually explicit, obscene, indecent, or unlawful content or any hate speech (e.g. racist/discriminatory speech); (ii) transmit files that contain viruses, corrupted files, spyware, trojan horses, worms, time bombs, cancelbots, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, the Site, any software or hardware, or telecommunications equipment; (iii) restrict or inhibit any other user from using and enjoying the Site; (iv) interfere with or disrupt the Site or its servers or networks; (v) impersonate any person or entity, including, but not limited to, an Audience Town representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) take any action that imposes an unreasonably or disproportionately large load on our Siteinfrastructure; or (vii) engage in any illegal activities.

(c) Unauthorized access of the Sites constitutes a breach of these Terms of Use and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by us.

(d) In all cases, use of the Site remains subject to existing laws and legal process and you should comply with such laws and legal process at all times. Nothing contained in these Terms of Use shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Sites.

Section 6. Requests to Remove Content.

If you believe that content you own has been copied and made accessible via the Site in a manner that violates your intellectual property rights, please contact us at _____________. 

Section 7. Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AUDIENCE TOWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AUDIENCE TOWN MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. 

Section 8. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUDIENCE TOWN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUDIENCE TOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Section 9. Privacy Policy.

Any information that we collect from you, whether personal in nature or otherwise, is subject to our Privacy Policy. Please click here to see our full Privacy Policy. If you have any questions about or need further information regarding the legal basis on which we process specific information, please contact us at _____________.

Section 10. Termination, Suspension and Other Rights.

We at all times have the right to take certain actions with respect to the Site and your use of the Site in our sole and absolute discretion at any time and for any reason without giving you any prior notice, including, without limitation, the right to (i) terminate, suspend, or otherwise restrict your access to all or any part of our Site; (ii) remove, refuse, or move any material that you submit to the Site for any reason; (iii) remove, refuse, or move any content that is available on the Site; and (iv) establish general practices and limits concerning use of the Site. Under no circumstances whatsoever will we, or our partners, affiliates, or operators be liable to you or any third party for taking any of the foregoing actions. You further agree to refrain from bringing any action against us, or our affiliates, operators, or partners in connection with our exercise of the foregoing rights.

Section 11. Miscellaneous.  

These Terms of Use constitute the entire agreement between you and Audience Town and govern your use of the Site, superseding any prior agreements between you and Audience Town with respect to the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party sites, content or software. These Terms of Use will be governed by the laws of the State of Utah without regard to its conflict of law provisions. With respect to any disputes or claims arising in connection with your use of the site, you and Audience Town agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Utah. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, 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 these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of Audience Town, but Audience Town may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Audience Town may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.

Section 12. Modification of Terms of Use.

At any time and without notice to you, we may modify these Terms of Use by posting revised Terms of Use on the Site. Your use of the Site thereafter constitutes your unconditional and binding acceptance of these Terms of Use, including any amendments, revisions, alterations, modifications and/or supplements that we make from time to time in accordance with the provisions of hereof. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Site from time to time, including, without limitation, our Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.

Contact Us.

If you require further information about Audience Town, our Site, or these Terms of Use, you can contact us by writing or emailing us at the following addresses:

Audience Town, Inc.

Attention: Legal Department

595 South Riverwoods Parkway

Suite 400

Logan, UT 84321

Email

Last Updated: February 26, 2025