Terms of Service | AudioEye

Terms of Service

Last Revised: July 18, 2019

Please read these Terms of Service carefully, as they contain important information about your legal rights, remedies, and obligations. Specifically, these Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and AudioEye governing your access to and use of the AudioEye website, including any subdomains thereof, and all associated services provided through our website, including the Help Desk (collectively, the “Website”). By using the Website, you accept these Terms in full. If you do not agree to these terms, you should not use the Website.

Account Registration

You may be required to register an account (“AudioEye Account”) to access and use certain features of the Website, such as when you contact us for information, request an accessibility analysis, interact with our Help Desk, or sign up for a partner account. In such cases, you agree to provide accurate, current and complete information during the registration process and keep your AudioEye Account up-to-date at all times.

Privacy

AudioEye is committed to safeguarding the personal information of visitors to our website and individuals requiring assistance via the reader embedded without our clients’ websites, which we use to provide information regarding our web accessibility services. Our collection and use of personal information in connection with your access to and use of the Website is described in our Privacy Policy at www.audioeye.com/privacy-policy (the “Privacy Policy”).

AudioEye Ally Help Desk

In the event you are experiencing an issue of accessibility that is affecting your ability to interact with an AudioEye Client website, you may be given the option to report the issue to AudioEye. Information collected on the Help Desk form is used for the express purpose of identifying and remediating access barriers for users with disabilities. Information provided in the online forms that does not pertain to issues of accessibility are not the responsibility of AudioEye, and may or may not be referred back to the Client website, depending on factors such as agreements in place between AudioEye and the Client. Information collected through this process is not used for any purpose other than that described herein and in the Privacy Policy, and therefore will never be used for activities such as marketing or advertising, and will never be sold to any 3rd party.

Third-Party Links

This site may contain hyperlinks to websites operated by parties independent from AudioEye. Such hyperlinks are provided for your reference only. We do not control such sites, and are not responsible for their content. AudioEye’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their content.

Limitation of Liability

In no event shall AudioEye, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders, be liable to you or any other entity for any incidental, special, exemplary, punitive, consequential, or indirect damages (including personal injury or emotional stress to you or other affected persons or property, or the cost of procurement of substitute services) arising out of or in connection with your use or inability to use the Website.

Disclaimers

If you choose to use the Website, you do so voluntarily and at your sole risk. The Website is provided “as is”, without warranty of any kind, either express or implied. To the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a user or guarantee that a user will not engage in misconduct in the future. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Indemnification

You agree to release, defend, indemnify, and hold AudioEye and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms.

General Provisions

No joint venture, partnership, employment, or agency relationship exists between you and AudioEye as a result of this Agreement or your use of the AudioEye Website. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

AudioEye’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without AudioEye’s prior written consent. AudioEye may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

Intellectual Property

Various aspects of the Website are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Website, including all associated intellectual property rights, is the exclusive property of AudioEye and its licensors. You agree not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

Modification

We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will post the revised Terms on AudioEye.com and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the AudioEye Services will constitute acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms of Service, please contact us at:
privacy@audioeye.com
5210 E Williams Circle
Suite 750
Tucson, AZ 85711
Phone: 866.331.5324
Fax: 1.520.844.2989