The following terms (“Terms of Use”) constitute an agreement between PodSearch, Inc. its parent(s), subsidiaries, affiliates, and their respective directors, officers, employees, and agents (collectively the “Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Company (the “Website”), located at www.startapod.com. Company, owner and operator of the Website, is a corporation formed under the laws of the state of California, United States.


Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website. 


BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS OF USE, WHICH CONTAINS WAIVER OF CLASS-ACTION RIGHTS AND LIMITS COMPANY’S LIABILITY TO YOU. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, COMPANY DISCLAIMS ALL WARRANTIES.

  1. PURCHASE AND REFUND POLICIES


  1.       On the Website, you may purchase a subscription to our service entitled “StartAPod” (the “Service”).      Once you sign up for the Service, you will receive access to a User Account, as defined below.  The Service is available for a monthly or yearly fee, which you may choose at the time of purchase (the “Subscription Fee”).


    1.      To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update your User Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Use. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate your User Account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Services. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.


    1.      Access will be revoked to the Services if you choose a payment plan or subscription and do not complete the payments on schedule.  


    1.      You must submit advanced payment, via credit card, of the Subscription Fee to gain access of the Services.


    1.      You may opt out of automatically recurring payments by accessing the User Account and modifying the payment options. If you do not opt out, then the Subscription will automatically renew for a like term under the then-current Terms & Conditions.


    1.      The term shall commence on the first day on which you purchase the Services and shall continue until termination.  You shall decide the length of each term at the time of purchase.


    1.      If you choose to discontinue the Subscription  before the end of the then-current Term, you may do so through your User Account; however, Company will provide no refund of any portion of the Subscription fee for the month in which the services were cancelled.


    1.      Company may terminate this Agreement in whole or in part, at any time, upon written notice, including via email at the email noted in your User Account.


    1.     You may stop using the Services at any time by terminating your User Account. If Company terminates your access to the Services, Company may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. The Terms of Use will survive indefinitely unless and until Company chooses to terminate it, regardless of whether any account you open is terminated by you or Company or whether you continue to use or continue to have the right to use the Services. 


    1.     1.10.You may cancel your Subscription at any time. Refunds are not available for amounts already paid.


  1. REGISTRATION & RESTRICTED ACCESS


  1.      Access to certain areas of the Website may be restricted. Company reserves the right to restrict areas of the Website at its sole discretion. 


  1.      Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”) and you must accept these Terms of Use. 


    1.      You agree to keep your username and password confidential.  You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Company immediately at info@startapod.com. Company will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Company or other third parties for any losses incurred due to such unauthorized use.


    1.      When you create a User Account with Company, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Company’s sole discretion.  If you utilize the Services on behalf of a third party, you represent that you an authorized representative of that third party and you may accept the Terms of Use on the third party’s behalf.


    1.      Company may disable your username and password at its sole discretion, refuse to register a user for the Service, remove or edit any content contributed to the Website or cancel any User Account. Company may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms.


    1.      Company reserves the right to modify methods for registration and access levels of registered users from time to time.


  1. DISCLAIMERS


3.1        Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website. 


3.2        Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Company assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website. 


3.3        We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Website. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Website.  Everything provided on the Website is for informational purposes only.


3.4        The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.


  1. USE OF THE WEBSITE 


  1.      Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved. 


    1.      You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 


    1.      The following uses are not permitted:


  1. Republication of content from the Website, unless content is specifically and expressly made available for republication; 
  2. Sale, rental or sub-license of any content from the Website;
  3. Reproduction or duplication of any content on the Website for commercial purposes; 
  4. Modification of any content on the Website, unless content is specifically and expressly made available for modification; 
  5. Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included. 


  1.      From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company's intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.


    1.      You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.


    1.      You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Company’s express written permission. 


    1.      You must not use the Website to transmit or send any unsolicited commercial communications. 


    1.      You must not use the Website for any third-party marketing without Company’s express written permission.


  1. INTELLECTUAL PROPERTY


  1.      All original materials provided by Company are owned by Company. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of Company’s intellectual property. All intellectual property remains the property of Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. 


    1.      Certain of the names, logos, and other materials displayed on the Website constitute Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”).  You are not authorized to use any Company IP without Company’s express consent. Ownership of Company IP remains with Company and you agree not to make any claims or assertions of any other party’s ownership of Company IP.


    1.      “StartAPod” and the StartAPod logo are trademarks of Company and are protected by United States trademark law. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company.


    1.       The materials you have access to through the Services and the User Account were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.


  1.      Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.


    1.      Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits PodSearch, Inc., www.startapod.com, or the experts featured on the Website.


  1. From time to time, the Website will legally utilize trademarks owned by third parties related to Company’s services. These trademarks are the respective property of their owners.


  1. FTC DISCLOSURE.  


  1.       From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.


    1.     6.2. Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, Company gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.


  1. CHILDREN'S INFORMATION. 


  1.      The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at info@startapod.com and we will use our best efforts to promptly remove such information from our records.


  1. AFFILIATE MARKETING.  


  1.      From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.


  1. GRANT OF RIGHTS.


  1.       You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights. 


    1.      Content Contributed to the Website.
      1. Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
      2. Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
      3. Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.   


    1.      Comment Policy
      1. The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted: 
        1.      harassment directed toward any content creator or Company;
        2.      spam; 
        3.      hate speech; 
        4.      defamatory to Company or any third party; 
        5.      reference to illegal acts; or
        6.      violate the legal rights of a third party.


      1. Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy. 
  1. TAKEDOWN REQUESTS


  1.     10.1.The Company respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint to info@startapod.com


  1. COMMUNICATION.  


  1.     11.1.If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.


  1. THIRD PARTIES


  1.     12.1.The Website may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website. 


    1.     12.2.Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, including the list of recommended podcast producers, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.  Company expressly disclaims any liability for any interactions you may have with any experts or individuals referred or discovered on the Website.


  1. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, AND INDEMNITY.


  1.     13.1.DISCLAIMER OF WARRANTIES. COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. COMPANY MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS OF USE, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD-PARTY MATERIALS, INFORMATION, GOODS, OR SERVICES, WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE. COMPANY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED FROM COMPANY OR ANY THIRD PARTY AS A RESULT OF USING THE SERVICES.


    1.     13.2.EXCLUSION OF DAMAGES. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES.


    1.     13.3.LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF COMPANY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TERMS OF USE OR THE SERVICES EXCEED THE GREATER AMOUNTS THAT YOU PAID COMPANY FOR YOUR USE OF THE SERVICES.


    1.     13.4.STATE LAW RIGHTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY.


    1.     13.5.Indemnity. You agree to indemnify, defend and hold Company and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by you of any provision of the Terms of Use or (ii) arising from, related to, or connected with your use of the Services. If you are obligated to provide indemnification pursuant to this provision, Company may, in its sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without the consent of Company.


  1. DISPUTES


  1.     14.1.The terms of this Section will apply to all disputes that may arise out of, are connected with or relate to the Terms of Use or the Services, subject only to the following three exceptions: (1) if Company reasonably believes that you have in any manner acted, or failed to act, in any manner that may cause harm to Company or any third party, Company may seek injunctive or other appropriate relief in any court of competent jurisdiction; (2) certain Services are subject to different dispute resolution provisions and/or choice-of-venue provisions, which are provided for in the terms applicable to such Services; or (3) any dispute may, at the option of the claiming party, be resolved in small claims court in Los Angeles, California, provided that all claims by all parties in the dispute fall within the jurisdiction of the small claims court, but must first be submitted to the informal resolution process in Section 14.2.  Furthermore, in no event will the terms of this section limit Company’s ability to investigate complaints or reported violations of the Terms of Use or to take any action Company deems necessary and appropriate to mitigate actions against Company, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.


    1.     14.2.Informal Resolution.  If you have any dispute with Company or any related third party, arising out of, relating to, or connected with the Services, you agree to contact info@startapod.com; provide a brief, written description of the dispute and your contact information (including your registered email address, if your dispute relates to an account); and give Company 30 days within which to resolve the dispute to your satisfaction.


    1.     14.3.Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Services, must be filed within one calendar year after such claim or cause of action.


  1. EQUITABLE RELIEF


  1.     15.1.You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.


  1. ARBITRATION


  1.     16.1.Absent the exceptions in Section 14, any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Woodland Hills, California. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.


    1.     16.2.All claims and disputes arising under or relating to this agreement shall be adjudicated on an individual basis, and you will not consolidate or seek class treatment for any claim unless previously agreed to in writing by Company.


  1. FORCE MAJEURE


  1.     17.1.Company will not have any liability if Company’s performance of its obligations is delayed by the occurrence of: (a) fires, floods, earthquakes, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, sabotage, embargo, government action or order, blackouts, epidemic or quarantine, strikes/labor difficulties, or any other similar cause; or (b) any event or circumstance within the control of, or caused by information provided by you or any third party.


  1. MISCELLANEOUS PROVISIONS


  1.     18.1.If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.


    1.     18.2.The Terms of Use may not be assigned by you without Company’s prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion. 


    1.     18.3.The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company. 


    1.     18.4.The Terms of Use and the governance, enforcement, and performance hereof will be governed, construed and applied in all respects by the laws of the State of California without regard to any provision governing conflicts of law.


    1.     18.5.The Terms of Use supersede all prior and contemporaneous agreements and understandings between you and Company relating to the Services. You may not transfer your rights or obligations under the Terms of Use without the prior written consent of Company. Company may freely do so, in whole or in part.



    1.     18.6.The Terms of Use will be binding upon the successors and permitted assigns of you and Company. The Terms of Use do not create any third-party beneficiary rights.


    1.     18.7.The Terms of Use will be interpreted as if equally drafted by Company and you.


    1.     18.8.A party’s failure or delay in exercising any right, power or privilege under the Terms of Use will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under the Terms of Use.



    1.     18.9.You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms of Use.


    1.     18.10.The invalidity or unenforceability of any provision of the Terms of Use will not affect the validity or enforceability of any other provision of the Terms of Use, all of which will remain in full force and effect.



  1. CONTACTS
    1.     19.1.By providing your email address, you agree that Company may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. Company may send any legal notices to you via email. To give legal notice to Company, please send written communication to:

PodSearch, Inc.

Attn: Legal Department

21550 Oxnard Street Suite 460, Woodland Hills, CA 91367


ELECTRONIC ACCEPTANCE.

Your indication of your assent to the terms, whether express (for example, by clicking on an “I AGREE” icon) or implicit (for example, by using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to receive physical copies of these Terms.

BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.


Last updated: January 17, 2020.