Terms of Use

Last Updated on June 11, 2024

Please read these Terms and Conditions and accompanying Privacy Policy, before you, the User, use any service provided by Audere and its affiliates (collectively, “Audere Inc”). These Terms and Conditions. govern your use of this Web Site (the "Site"), and by accessing, viewing, or using the material on the Site or by clicking "I accept" below, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree to these terms and conditions, do not use the site.

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. Any modifications to these Terms and Conditions will be effective immediately upon such posting. By continuing to use the Online Services, you consent to any changes to our Terms and Condition.

Content Ownership:

All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, Audere is the owner of the copyright in the entire content (including images, text and look and feel attributes) of https://www.auderehealth.com reserves all rights in that regard. Removing or altering the copyright notice on any material on the Site is prohibited. Audere also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of Site content. Any commercial use of Site content is prohibited without the prior written consent of Audere. Except as indicated, Audere owns all trademarks, service marks or other logos featured on the Site. Use or misuse of these trademarks, service mark or logos is expressly prohibited and may violate federal and state law. Please be advised that Audere actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

License to Use:

Subject to these Terms, the Audere grants you a personal, non-commercial, non-transferable, non-exclusive, revocable, limited license to view the Content on our Site for the sole purpose of obtaining information regarding our plans or products and related services. All rights, title, and interest in and to the Site, including the Content, and all intellectual property rights, including all copyright, trademark, patent, and trade secret rights will remain with Audere and our licensors and vendors. No ownership interest is transferred to you or any other entity by virtue of making the Content available on the Online Services, granting you a license to use our Site, or you entering into this Agreement.

Passwords:

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Audere online password or account. It is your sole responsibility to (1) control the disclosure and use of your activation codes, password reset codes and password; (2) authorize, monitor, and control access to and use of your Audere online account and password; and (3) promptly change your password if you feel it has become compromised; and (4) promptly inform the Site manager of any need to deactivate an account entirely.

Session Data:

You consent to the use of tracking technologies on the Site to collect and record your real-time activities and movements across the Site throughout your browsing session. You consent to our sharing of your session data with our vendors. Please review our privacy policy for more information about our collection, use, and sharing of session data.

Use by children:

We do not knowingly allow minors under the age of 13 to create accounts that allow access to the secured features of the Site.

Third-Party Resources:

The Site may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These Third-Party Resources and links and access to them are provided for your convenience and reference only. We do not control such Third-Party Resources and, therefore, we are not responsible for such Third-Party Resources, or any content posted on or made available by such Third-Party Resources. Be aware that we make no guarantees about or disclaims any expressor implied representations or warranties about such Third-Party Resources, including without limitation the security of any materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third-Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third-Party Resources, or any content made available thereby. Because some Third-Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, and you hereby irrevocably waive any claim against us with respect to such Third-Party Resources. Your use of any Third-Party Resources is subject to the third party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). We are not responsible for the privacy and security of any information you share with that third party, including your credit card or payment information. When you elect to receive these services from a third party, you agree to hold that third party responsible for any unauthorized use or disclosure of your personal information.

Access, Correction, and Data Integrity:

Although we attempt to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform us.

DMCA Notice and Procedure for Copyright Infringement Claims:

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest, a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work, identification of the URL or other specific location on the Service where the material that you claim is infringing is located, your address, telephone number, and email address, a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent: contact us.

Security Rules:

Violations of system or network security may result in civil or criminal liability. We investigate violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (i) accessing data not intended for you or logging onto our server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt); (iii) attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site; and (iv) forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site.

Disclaimer of Warranties:

Use of this site is voluntary, and entirely at your own risk. The site, and any content, information, services or products obtained through the site is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Neither Audere nor its affiliates are responsible for the consequences of reliance on any information contained in or submitted to the site, and the risk of injury from the foregoing rests entirely with you.

Limitation of liability:

Audere and/or its affiliates shall not be liable for any direct, special, indirect, incidental, consequential, or punitive damages, including without limitation, lost revenues or lost profits(including, without limitation, those resulting from lost data, or business interruption), which may result from the use of, access to, or inability to use or access the Site or our service whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Under no circumstances will the total liability of Audere to you exceed the price paid for use of the site or, if you have not paid Audere for the use of the Site or any services, the amount of $100.00.

Indemnification:

You agree to defend, indemnify, and hold harmless Audere, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions. You may not transfer or assign any rights or obligations under this Terms and Conditions. In any litigation, you will cooperate with us in asserting any available defenses.

Privacy Statement:

Audere has a Privacy Statement disclosing what information we collect about visitors, how we use such information, the steps we take to secure such information, how you can view and correct such information, and how you can decline to have information about you collected or used.

Force Majeure:

We will not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, pandemic, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

No Solicitation or Offer:

This Site is designed to provide general information about Audere, its products and services, and of its affiliates. Information on the Site is not intended to constitute an offer to sell or a solicitation of any particular product or service. Some products and/or services may not be available in all states or countries. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.

No Medical Services or Advice:

Nothing contained, expressed or implied in the Site is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between Audere and you by reason of your use of this Site or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.

Governing Law and Jurisdiction:

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Georgia, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Atlanta, Georgia, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by Audere from its offices within the United States. Audere makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.