TERMS OF SERVICE
Last updated
August 30, 2022
TABLE OF CONTENTS
These Terms of Use constitute a legally binding
agreement made between you, whether personally or
on behalf of an entity (“you”) and
Myco Labs LLC, doing
business as Listener.fm
("Listener.fm,"
“we," “us," or
“our”), concerning your access to
and use of the
https://app.listener.fm
website as well as any other media form, media
channel, mobile website or mobile application
related, linked, or otherwise connected thereto
(collectively, the “Site”).
We are registered in
Michigan,
United States
and have our registered office at
4783 E Clyde Rd,
Howell,
MI
48855. You agree that
by accessing the Site, you have read, understood,
and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents
that may be posted on the Site from time to time
are hereby expressly incorporated herein by
reference. We reserve the right, in our sole
discretion, to make changes or modifications to
these Terms of Use
from time to
time. We will alert
you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive
any right to receive specific notice of each such
change. Please ensure that you check the
applicable Terms every time you use our Site so
that you understand which Terms apply. You will be
subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any
revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are
posted.
The information provided on the Site is not
intended for distribution to or use by any person
or entity in any jurisdiction or country where
such distribution or use would be contrary to law
or regulation or which would subject us to any
registration requirement within such jurisdiction
or country. Accordingly, those persons who choose
to access the Site from other locations do so on
their own initiative and are solely responsible
for compliance with local laws, if and to the
extent local laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA),
Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site.
You may not use the Site in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at
least 18 years old. Persons under the age of
18 are not permitted to use or register for
the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our
proprietary property and all source code,
databases, functionality, software, website
designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”)
and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or
controlled by us or licensed to us, and are
protected by copyright and trademark laws and
various other intellectual property rights and
unfair competition laws of the United States,
international copyright laws, and international
conventions. The Content and the Marks are
provided on the Site “AS IS” for your information
and personal use only. Except as expressly
provided in these Terms of Use, no part of the
Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded,
posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose
whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site,
you are granted a limited license to access and
use the Site and to download or print a copy of
any portion of the Content to which you have
properly gained access solely for your personal,
non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the
Content and the Marks.
By using the Site, you represent and warrant
that: (1) all registration information you submit
will be true, accurate, current, and
complete; (2) you will maintain the accuracy of such
information and promptly update such
registration information as necessary; (3) you have the legal capacity and you
agree to comply with these Terms of
Use; (4) you are not a minor in the jurisdiction in
which you reside; (5) you will not access the Site through
automated or non-human means, whether through a
bot, script, or otherwise; (6) you will not use the Site for any illegal or
unauthorized purpose; and (7) your use of the Site will not violate any
applicable law or regulation.
If you provide any information that is untrue,
inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account
and refuse any and all current or future use of
the Site (or any portion thereof).
You may be required to register with the
Site. You agree to keep your password
confidential and will be responsible for all
use of your account and password. We reserve
the right to remove, reclaim, or change a
username you select if we determine, in our
sole discretion, that such username is
inappropriate, obscene, or otherwise
objectionable.
You may not access or use the Site for any
purpose other than that for which we make the
Site available. The Site may not be used in
connection with any commercial endeavors except
those that are specifically endorsed or approved
by us.
As a user of the Site, you agree not
to:
-
Systematically retrieve data or other
content from the Site to create or
compile, directly or indirectly, a
collection, compilation, database, or
directory without written permission from
us.
-
Trick, defraud, or mislead us and
other users, especially in any
attempt to learn sensitive account
information such as user
passwords.
-
Circumvent, disable, or otherwise
interfere with security-related
features of the Site, including
features that prevent or restrict
the use or copying of any Content or
enforce limitations on the use of
the Site and/or the Content
contained therein.
-
Disparage, tarnish, or otherwise
harm, in our opinion, us and/or the
Site.
-
Use any information obtained from
the Site in order to harass, abuse,
or harm another person.
-
Make improper use of our support
services or submit false reports of
abuse or misconduct.
-
Use the Site in a manner
inconsistent with any applicable
laws or regulations.
-
Engage in unauthorized framing of
or linking to the Site.
-
Upload or transmit (or attempt to
upload or to transmit) viruses,
Trojan horses, or other material,
including excessive use of capital
letters and spamming (continuous
posting of repetitive text), that
interferes with any party’s
uninterrupted use and enjoyment of
the Site or modifies, impairs,
disrupts, alters, or interferes with
the use, features, functions,
operation, or maintenance of the
Site.
-
Engage in any automated use of the
system, such as using scripts to
send comments or messages, or using
any data mining, robots, or similar
data gathering and extraction
tools.
-
Delete the copyright or other
proprietary rights notice from any
Content.
-
Attempt to impersonate another user
or person or use the username of
another user.
-
Upload or transmit (or attempt to
upload or to transmit) any material
that acts as a passive or active
information collection or
transmission mechanism, including
without limitation, clear graphics
interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other
similar devices (sometimes referred
to as “spyware” or “passive
collection mechanisms” or
“pcms”).
-
Interfere with, disrupt, or create
an undue burden on the Site or the
networks or services connected to
the Site.
-
Harass, annoy, intimidate, or
threaten any of our employees or
agents engaged in providing any
portion of the Site to you.
-
Attempt to bypass any measures of
the Site designed to prevent or
restrict access to the Site, or any
portion of the Site.
-
Copy or adapt the Site’s software,
including but not limited to Flash,
PHP, HTML, JavaScript, or other
code.
-
Except as permitted by applicable
law, decipher, decompile,
disassemble, or reverse engineer any
of the software comprising or in any
way making up a part of the
Site.
-
Except as may be the result of
standard search engine or Internet
browser usage, use, launch, develop,
or distribute any automated system,
including without limitation, any
spider, robot, cheat utility,
scraper, or offline reader that
accesses the Site, or using or
launching any unauthorized script or
other software.
-
Use a buying agent or purchasing
agent to make purchases on the
Site.
-
Make any unauthorized use of the
Site, including collecting usernames
and/or email addresses of users by
electronic or other means for the
purpose of sending unsolicited
email, or creating user accounts by
automated means or under false
pretenses.
-
Use the Site as part of any effort
to compete with us or otherwise use
the Site and/or the Content for any
revenue-generating endeavor or
commercial enterprise.
-
Sell or otherwise transfer your
profile.
6. USER GENERATED CONTRIBUTIONS
The
Site does not offer users to submit or
post content. We may provide you with the
opportunity to create, submit, post,
display, transmit, perform, publish,
distribute, or broadcast content and
materials to us or on the Site, including
but not limited to text, writings, video,
audio, photographs, graphics, comments,
suggestions, or personal information or
other material (collectively,
"Contributions"). Contributions may be
viewable by other users of the Site and
through third-party websites. As such, any
Contributions you transmit may be treated
in accordance with the Site Privacy
Policy. When you create or make available
any Contributions, you thereby represent
and warrant that:
-
The creation,
distribution, transmission, public
display, or performance, and the
accessing, downloading, or copying of
your Contributions do not and will not
infringe the proprietary rights,
including but not limited to the
copyright, patent, trademark, trade
secret, or moral rights of any third
party.
-
You are the creator and owner of or
have the necessary licenses, rights,
consents, releases, and permissions to
use and to authorize us, the Site, and
other users of the Site to use your
Contributions in any manner
contemplated by the Site and these
Terms of Use.
-
You have the written consent, release,
and/or permission of each and every
identifiable individual person in your
Contributions to use the name or
likeness of each and every such
identifiable individual person to enable
inclusion and use of your Contributions
in any manner contemplated by the Site
and these Terms of Use.
-
Your Contributions are not false,
inaccurate, or misleading.
-
Your Contributions are not unsolicited
or unauthorized advertising, promotional
materials, pyramid schemes, chain
letters, spam, mass mailings, or other
forms of solicitation.
-
Your Contributions are not obscene,
lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or
otherwise objectionable (as determined
by us).
-
Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse
anyone.
-
Your Contributions are not used to
harass or threaten (in the legal sense
of those terms) any other person and to
promote violence against a specific
person or class of people.
-
Your Contributions do not violate any
applicable law, regulation, or
rule.
-
Your Contributions do not violate the
privacy or publicity rights of any third
party.
-
Your Contributions do not violate any
applicable law concerning child
pornography, or otherwise intended to
protect the health or well-being of
minors.
-
Your Contributions do not include any
offensive comments that are connected to
race, national origin, gender, sexual
preference, or physical handicap.
-
Your Contributions do not otherwise
violate, or link to material that
violates, any provision of these Terms
of Use, or any applicable law or
regulation.
Any use of the Site in violation of the
foregoing violates these Terms of Use and
may result in, among other things,
termination or suspension of your rights
to use the Site.
You agree that we may access, store, process,
and use any information and personal data that
you provide following the terms of the Privacy
Policy and your choices (including
settings).
By submitting suggestions or other feedback
regarding the Site, you agree that we can use
and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your
Contributions. You retain full ownership of all
of your Contributions and any intellectual
property rights or other proprietary rights
associated with your Contributions. We are not
liable for any statements or representations in
your Contributions provided by you in any area
on the Site. You are solely responsible for your
Contributions to the Site and you expressly
agree to exonerate us from any and all
responsibility and to refrain from any legal
action against us regarding your
Contributions.
8. SOCIAL MEDIA
As part of the functionality of the Site, you may
link your account with online accounts you have with
third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your
Third-Party Account login information through the
Site; or (2) allowing us to access your Third-Party
Account, as is permitted under the applicable terms
and conditions that govern your use of each
Third-Party Account. You represent and warrant that
you are entitled to disclose your Third-Party
Account login information to us and/or grant us
access to your Third-Party Account, without breach
by you of any of the terms and conditions that
govern your use of the applicable Third-Party
Account, and without obligating us to pay any fees
or making us subject to any usage limitations
imposed by the third-party service provider of the
Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may
access, make available, and store (if applicable)
any content that you have provided to and stored in
your Third-Party Account (the “Social Network
Content”) so that it is available on and through the
Site via your account, including without limitation
any friend lists and (2) we may submit to and
receive from your Third-Party Account additional
information to the extent you are notified when you
link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in
such Third-Party Accounts, personally identifiable
information that you post to your Third-Party
Accounts may be available on and through your
account on the Site. Please note that if a
Third-Party Account or associated service becomes
unavailable or our access to such Third Party
Account is terminated by the third-party service
provider, then Social Network Content may no longer
be available on and through the Site. You will have
the ability to disable the connection between your
account on the Site and your Third-Party Accounts at
any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH
THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH
YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE
PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not
limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree
that we may access your email address book
associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet
computer solely for purposes of identifying and
informing you of those contacts who have also
registered to use the Site. You can deactivate the
connection between the Site and your Third-Party
Account by contacting us using the contact
information below or through your account settings
(if applicable). We will attempt to delete any
information stored on our servers that was obtained
through such Third-Party Account, except the
username and profile picture that become associated
with your account.
9. SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site ("Submissions")
provided by you to us are non-confidential and
shall become our sole property. We shall own
exclusive rights, including all intellectual
property rights, and shall be entitled to the
unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation
to you. You hereby waive all moral rights to any
such Submissions, and you hereby warrant that any
such Submissions are original with you or that you
have the right to submit such Submissions. You
agree there shall be no recourse against us for
any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the
law or these Terms of Use, including without
limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to,
limit the availability of, or disable (to the
extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our
sole discretion and without limitation, notice, or
liability, to remove from the Site or otherwise
disable all files and content that are excessive
in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a
manner designed to protect our rights and property
and to facilitate the proper functioning of the
Site.
11. PRIVACY POLICY
We care about data privacy and
security. By using the Site, you agree to be
bound by our Privacy Policy posted on
the Site, which is incorporated into
these Terms of Use. Please be advised
the Site is hosted in
the
United States. If you access the Site from any
other region of the world with laws or
other requirements governing personal
data collection, use, or disclosure
that differ from applicable laws in
the
United States, then through your continued use of
the Site, you are transferring your
data to
the
United States, and you agree to have your data
transferred to and processed in
the
United States.
These Terms of Use shall remain in full force
and effect while you use the Site. WITHOUT
LIMITING ANY OTHER PROVISION OF THESE TERMS OF
USE, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE SITE (INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON
FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED
IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW
OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT
ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and
creating a new account under your name, a fake
or borrowed name, or the name of any third
party, even if you may be acting on behalf of
the third party. In addition to terminating or
suspending your account, we reserve the right to
take appropriate legal action, including without
limitation pursuing civil, criminal, and
injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or
remove the contents of the Site at any time or
for any reason at our sole discretion without
notice. However, we have no obligation to update
any information on our Site. We also reserve the
right to modify or discontinue all or part of
the Site without notice at any time. We will not
be liable to you or any third party for any
modification, price change, suspension, or
discontinuance of the Site.
We cannot guarantee the Site will be available
at all times. We may experience hardware,
software, or other problems or need to perform
maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the
right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any
time or for any reason without notice to you.
You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by
your inability to access or use the Site during
any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site
or to supply any corrections, updates, or
releases in connection therewith.
These Terms of Use and your use of the Site are
governed by and construed in accordance with the
laws of
the State of
Michigan
applicable to agreements made and to be entirely
performed within the State of
Michigan, without regard to its conflict of law
principles.
Any legal action of whatever nature
brought by either you or us
(collectively, the “Parties” and
individually, a “Party”) shall be
commenced or prosecuted in the
state and federal courts
located in
Livingston,
Michigan, and the Parties hereby consent to,
and waive all defenses of lack of
personal jurisdiction and forum non
conveniens with respect to venue and
jurisdiction in such
state and federal courts. Application of the United Nations
Convention on Contracts for the
International Sale of Goods and the
Uniform Computer Information Transaction
Act (UCITA) are excluded from these
Terms of Use. In no event shall any claim,
action, or proceeding brought by
either Party related in any way to
the Site be commenced more than
one (1)
years after the cause of action
arose.
There may be information on the Site that
contains typographical errors, inaccuracies,
or omissions, including descriptions, pricing,
availability, and various other information.
We reserve the right to correct any errors,
inaccuracies, or omissions and to change or
update the information on the Site at any
time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE
CONTENT OF ANY WEBSITES LINKED TO THE SITE AND
WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT AND MATERIALS, (2) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE
SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR
IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF
ANY, BY YOU TO US
OR
$100.00 USD. CERTAIN US STATE LAWS AND
INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS
OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MAY HAVE ADDITIONAL
RIGHTS.
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries,
affiliates, and all of our respective
officers, agents, partners, and employees,
from and against any loss, damage, liability,
claim, or demand, including reasonable
attorneys’ fees and expenses, made by any
third party due to or arising out of:
(1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and
warranties set forth in these Terms of Use;
(4) your violation of the rights of a third
party, including but not limited to
intellectual property rights; or (5) any overt harmful act toward any other
user of the Site with whom you connected via
the Site. Notwithstanding the foregoing, we
reserve the right, at your expense, to
assume the exclusive defense and control of
any matter for which you are required to
indemnify us, and you agree to cooperate, at
your expense, with our defense of such
claims. We will use reasonable efforts to
notify you of any such claim, action, or
proceeding which is subject to this
indemnification upon becoming aware of
it.
We will maintain certain data that you
transmit to the Site for the purpose of
managing the performance of the Site, as well
as data relating to your use of the Site.
Although we perform regular routine backups of
data, you are solely responsible for all data
that you transmit or that relates to any
activity you have undertaken using the Site.
You agree that we shall have no liability to
you for any loss or corruption of any such
data, and you hereby waive any right of action
against us arising from any such loss or
corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the Site, sending us emails, and
completing online forms constitute electronic
communications. You consent to receive
electronic communications, and you agree that
all agreements, notices, disclosures, and
other communications we provide to you
electronically, via email and on the Site,
satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND
RECORDS OF TRANSACTIONS INITIATED OR COMPLETED
BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes,
regulations, rules, ordinances, or other laws
in any jurisdiction which require an original
signature or delivery or retention of
non-electronic records, or to payments or the
granting of credits by any means other than
electronic means.
22. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not
satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of
Consumer Services of the California Department
of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento,
California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
These Terms of Use and any policies or
operating rules posted by us on the Site or in
respect to the Site constitute the entire
agreement and understanding between you and
us. Our failure to exercise or enforce any
right or provision of these Terms of Use shall
not operate as a waiver of such right or
provision. These Terms of Use operate to the
fullest extent permissible by law. We may
assign any or all of our rights and
obligations to others at any time. We shall
not be responsible or liable for any loss,
damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any
provision or part of a provision of these
Terms of Use is determined to be unlawful,
void, or unenforceable, that provision or part
of the provision is deemed severable from
these Terms of Use and does not affect the
validity and enforceability of any remaining
provisions. There is no joint venture,
partnership, employment or agency relationship
created between you and us as a result of
these Terms of Use or use of the Site. You
agree that these Terms of Use will not be
construed against us by virtue of having
drafted them. You hereby waive any and all
defenses you may have based on the electronic
form of these Terms of Use and the lack of
signing by the parties hereto to execute these
Terms of Use.
In order to resolve a complaint regarding
the Site or to receive further information
regarding use of the Site, please contact us
at:
Myco Labs LLC
4783 E Clyde Rd
Howell,
MI
48855
United States
Phone: Listener.fm
hello@listener.fm