Terms of Use

Last Updated: June 16, 2025 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE AND AUDIOCHUCK SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE, USE THE SITE OR SERVICES, OR INDICATE ACCEPTANCE OF THESE TERMS. 

These Terms of Use (“Terms” or “Terms of Use”) constitute an agreement between you (“you” or the “user”) and Audio Chuck LLC, an Indiana limited liability company (“Audiochuck,” “we,” “us” or “our”). This website (the “Site”) is owned and operated by Audiochuck. Access and use of this Site, our mobile applications, including, but not limited to, Crime Junkie Fan Club (the “Mobile Applications”), and our services provided through the Site, the Mobile Applications, or other online or and offline means (together, the “Services”) are provided by Audiochuck to you on condition that you accept these Terms of Use. By accessing or using the Services, you signify that you have read, understand, and agree to be bound by these Terms of Use. If you do not agree to accept these Terms of Use, you may not access or use the Services.

DISPUTE RESOLUTION NOTICE: DISPUTES BETWEEN YOU AND AUDIOCHUCK WILL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION SECTION 24 BELOW WHICH WAIVES THE USE OF JURY TRIALS AND CLASS ACTIONS.

We reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Services; and (iv) the equipment, hardware or software required to use and access the Services.

Any changes we make to these Terms of Use will be effective immediately upon posting on this Site. Please return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.


1. YOU AGREE TO OUR PRIVACY POLICY

Please review our Privacy Policy, which is incorporated by reference in these Terms of Use. By using the Services, you are consenting to and agreeing to be bound by the Privacy Policy.

When you use the Services, you consent to receive communications from us electronically via the Services, email, or otherwise. You agree to provide accurate, current, and complete information about yourself when you use the Services and to update such information while you continue to use the Services.

To the extent permitted by law, Audiochuck reserves the right to automatically process your personal information using technologies that use machine learning and/or artificial intelligence. You further acknowledge that by using certain aspects of the Services, you may be interacting with functions that involve the use of machine learning or artificial intelligence.

2. INTERNATIONAL ACCESS

If you access this Services from outside of the United States, you do so at your own risk and are responsible for compliance with local, national, or international laws. In particular, you understand that this Site, the Services, or both may not be available in all countries and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services in your location.

Some countries may have laws that forbid participating in the activities we offer on the Site or Services. These restrictions might include a minimum age for using the Internet or entering into contracts like these Terms of Use. You are responsible for making sure you can use this Site and the Services in the location you reside in. Continuing to use the Site represents and warrants to us that you have verified that you are permitted to use the Site and Services in your jurisdiction.

3. ELIGIBILITY

You represent and warrant that you: (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from the Site or our Services; and (c) have full power and authority to enter into these Terms, and in doing so will not violate any other agreement to which you are a party.

4. ACCESSING THE SERVICES

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Audiochuck may make available for download certain updates or upgrades to the Mobile Applications to update, enhance or further develop the such Mobile Applications (“Application Updates”). The license granted herein allows you to download and use the Application Updates to update the Mobile Applications on any device that you own or control. These Terms do not allow you to update devices that you do not own or control, and you may not make the Application Updates available over a network where they could be used by multiple devices or multiple computers at the same time. You may not make any copies of the Application Updates, unless such copy is authorized in writing by Audiochuck.

Audiochuck may, at its discretion, automatically download Application Updates to your device. You agree to accept these Application Updates, and to pay for any costs associated with receiving them. The Mobile Applications and Application Updates are subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Mobile Applications and Application Updates. These laws include restrictions on destinations, end users and end use.

6. MOBILE APPLICATIONS

If you use a mobile device to access the Services optimized for mobile viewing, or use a mobile application, the following additional terms and conditions also apply.

You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site or the Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. 

5. MOBILE DEVICES

By accessing our Site, signing up for Services, creating an account with us, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (i) us communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations from us (collectively, “Records”) electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at Compliance@audiochuck.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

8. ELECTRONIC MESSAGES

Certain Services, such as our Crime Junkie membership, (“Membership”), require payment of a fee (“Membership Fee”). YOUR MEMBERSHIP WILL AUTOMATICALLY RENEW ON A MONTHLY OR ANNUAL BASIS (DEPENDING ON WHICH TYPE OF MEMBERSHIP YOU’VE SUBSCRIBED TO) UNLESS YOU CANCEL. You must provide us with a current, valid, accepted method of payment (“Payment Method”) for the Membership Fee. The Membership Fee will be billed through our third party processor. You authorize us, through our third party processor, to charge the applicable Membership Fee to your Payment Method on a recurring basis until you cancel. If we are unable to charge your Payment Method, we may attempt to resubmit the charge until payment is received. We may change the terms or features of the Membership or adjust the Membership Fee upon notice to you in accordance with applicable law at the email address associated with your account. You are obligated to keep your account information accurate and current. Any Membership Fee adjustment will become effective at the beginning of the next billing cycle – and we will charge your Payment Method - so long as you do not opt to cancel your Membership. If you do not wish to continue at the new price you must cancel before the change takes effect as noted in the notice. You may cancel your Membership at any time by visiting https://crimejunkie.app/app/fan-club/settings or emailing us at fanclub@audiochuck.com. Your cancellation will take effect at the end of the then current paid billing cycle. Membership Fees are non-refundable, and you are responsible for paying all unpaid fees through the end of the current term of your Membership. In the event of an early cancellation by you or us, you will not be entitled to a refund for any portion of any subscription fees paid or owed. Following any cancellation, however, you will continue to have access to your Membership through the end of the then current paid billing period.

7. MEMBERSHIPS AND AUTO RENEWAL

10. USER CONTENT

You are solely responsible for the content and information (collectively referred to as “User Content”) that you post or upload on the Services including feedback or questions. By submitting User Content to the Services, you automatically grant Audiochuck the royalty-free, perpetual, worldwide, irrevocable, non-exclusive right and license, but not the obligation, to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content, without payment to you or to any third parties. You acknowledge and agree that this license includes the right to reproduce User Content, including any personal information or your likeness, for marketing and advertising purposes.

User Content uploaded or otherwise communicated on the Services shall comply with all applicable law and regulations and any applicable third party agreements, which you are responsible for knowing and understanding.

You understand and agree that we, without any obligation to do so, may monitor or review any User Content you post, upload or otherwise communicate through the Services. We reserve the right to remove any such User Content, in whole or in part, at our sole discretion, that violates these Terms, is likely to harm our reputation, is deemed inappropriate or otherwise poses a risk of harm to any other person. We reserve the right to deactivate your account or otherwise prevent your use and/or participation on Services at any time and for any reason.

You agree that we may access, preserve and disclose your account and any User Content posted, uploaded, received or otherwise communicated if required to do so by law or with the good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with an enforceable subpoena or other legal process; (ii) enforce these Terms; (iii) respond to claims that any information violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Services in the future; or (v) protect the rights, property or personal safety of Audiochuck or its members, employees, agents, affiliates, partners, communities or any other person.

If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personal data, personal information, personally identifying information, or equivalent term be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Audiochuck or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release Audiochuck, and its licensees, successors and assigns, from any claims that you could otherwise assert against Audiochuck, or any of its assigns or affiliates, by virtue of any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user’s personal use.

User Content submitted by you will be considered non-confidential and Audiochuck is under no obligation to treat such User Content as proprietary information. Without limiting the foregoing, we reserve the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Audiochuck is under no obligation to edit, delete or otherwise modify User Content once it has been submitted to us. We shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

Please note that we do not make any representations, warranties or guarantees that: (i) the Site, the Services, or any portion thereof, will be monitored (e.g., for accuracy or unacceptable use); (ii) apparent statements of fact will be authenticated; or (iii) we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with these Terms of Use. We generally do not pre-screen any communications, content or other materials before it is posted, uploaded, transmitted, sent or otherwise made available on the Site or through the Services by users, so you may be exposed to certain communications, content or other materials that is opinionated, offensive, inappropriate, and/or violates these Terms of Use.

9. OUR MATERIALS

Audiochuck may make certain digital reproductions of materials, information, content, software, or other materials (including but not limited to intellectual property, database rights, graphics, videos, text, and logos) available to you from this Site or the Mobile Applications from time to time (collectively, the “Audiochuck Materials”). This Site (including its organization, presentation and Audiochuck Materials) and the Mobile Applications are the property of Audiochuck and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, internet domain names and other similar rights. Audiochuck or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner except as permitted.

By using the Services, we grant you a non-exclusive, non-transferrable, non-sublicensable right and license to use the Audiochuck Materials for your personal use only. If you download, access or use any Audiochuck Materials, you agree that such materials: (i) may only be used for your personal use; (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Audiochuck’s prior written permission; (iii) shall not be submitted to, processed by, or otherwise fed into any artificial intelligence or automated processing software; and (iv) shall only be used in compliance with any additional license terms accompanying such materials.
You represent and warrant that you will use the Services and any User Content solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties. You agree that you will not:

  • Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;
  • Create user accounts under false or fraudulent pretenses, create or use an account for anyone other than yourself, or create multiple active user accounts to post multiple reviews for the same company;
  • Act in a manner that is harassing, threatening, abusive, racist, bigoted, or is otherwise objectionable (as determined by us);
  • Promote, endorse, or further illegal activities;
  • Disclose information in violation of any legally enforceable confidentiality, nondisclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;
  • Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
  • Except as expressly approved by us, and subject to applicable laws, use the Services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, or other forms of solicitation;
  • Imply a Audiochuck endorsement or partnership of any kind without our express written permission;
  • Introduce software or automated agents to the Services, or access Audiochuck or the Services so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Audiochuck or the Services without our express written permission;
  • "Frame" or "mirror" or otherwise incorporate part of the Services into any website, or "deep-link" to any portion of Audiochuck or the Services without our express written permission.
  • Reproduce, distribute, copy, modify, or create derivative works of Audiochuck or the Services or any content on the Services (excluding User Content) without our express written permission;
  • Copy or use the information, content, or data on the Services in connection with a competitive service, as determined by Audiochuck;
  • Sell, resell, rent, lease, loan, trade, or otherwise monetize access to Audiochuck or the Services posted on the Services without our express written permission;
  • Interfere with, disrupt, modify, reverse engineer, disassemble, decompile or attempt to derive the source code of any data or functionality of Audiochuck or the Services;
  • Interfere with, disrupt, or create an undue burden on Audiochuck or the Services or the networks or services connected to Audiochuck or the Services; 
  • Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Audiochuck or the Services or attempt to circumvent any security feature of Audiochuck or the Services;
  • Post any User-Content that includes any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, defamatory, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity); or
  • Post any User Content that (i) does not generally pertain to the designated topic or theme of the Site or the Services; (ii) violates any specific restrictions applicable to the Site or the Services, including age restrictions and procedures; or (iii) is antisocial, disruptive, or destructive, including anything that can be construed as “spamming,” “flooding,” or “trolling,” as those terms are commonly understood and used on the Internet.

11. USE OF THE SERVICES

The Services, the content, any materials or information downloaded, and all intellectual property pertaining to or contained on the Services (including but not limited to copyrights, patents, database rights, graphics, designs, text, logos, trade dress, trademarks, and service marks) are owned by Audiochuck or third parties; all rights, title, and interest will remain the property of Audiochuck and/or such third-party owner, as applicable. All content is protected by trade dress, copyright, patent, and trademark laws, as well as various other intellectual property and unfair competition laws.

You are authorized to view and retain a copy of pages of the Services only for your own personal, non-commercial use. You may also view and make copies of relevant documents, pages, images, or other materials on the Services for the purpose of transacting business with us. You may not tokenize copies of the pages of the Services or any other content on the Services. You agree that you will not duplicate, publish, modify, create derivative works from, participate in the transfer of, or in any way distribute or exploit the Services, or any portion of the Services, for any public or commercial use, without our prior express written consent. Additionally, you agree that you: (a) will not remove or alter any author, trademark, other proprietary notice, or legend displayed on the Services (or printed pages produced from the Services), and (b) will not make any other modifications to any documents obtained from the Services other than in connection with completing information required to transact business with Audiochuck.

12. INTELLECTUAL PROPERTY

Audiochuck respects the intellectual property rights of others, and we ask you to do the same. Audiochuck may, in appropriate circumstances and at our discretion, terminate the Services, including access to this Site, to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Site and/or in the Services, please provide Audiochuck’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or if multiple works at a single online location are covered by a single notification, a representative list of such works at that location.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled on the Site and/or Mobile Applications, and information reasonably sufficient to permit Audiochuck to locate the material.
  • Information reasonably sufficient to permit Audiochuck to contact you as the complaining party, such as an address, telephone number, and, if available, an e-mail address at which you may be contacted.
  • A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Audiochuck’s agent for notice of claims of copyright or trademark infringement can be reached at Compliance@audiochuck.com. 
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided if such removal is pursuant to a valid Digital Millennium Copyright Act, 17 USC Section 512 et seq. (“DMCA”) take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification, in writing, to Audiochuck’s designated agent that includes all of the following information:

  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Audiochuck may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Infringers
Audiochuck reserves the right, at its sole discretion, to terminate the account or access of any user of the Services who is the subject of DMCA or other infringement notifications


13. INTELLECTUAL PROPERTY INFRINGEMENT

This Site or the Services may contain links to outside applications, websites, services and resources (collectively, “Outside Services”), the availability and content of which Audiochuck does not control. The inclusion of these links does not imply that Audiochuck endorses, monitors or assumes any responsibility or liability for the content, privacy practices or any other policies governing such Outside Services. We are not responsible for examining or evaluating, and we do not warrant the offering of these Outside Services or the content they provide. Your access and use of any such Outside Services is entirely at your own risk and subject to the respective service provider’s terms and policies. Any interactions, transactions, or disputes arising from your use of such Outside Services are solely between you and the applicable service provider. Audiochuck expressly disclaims any liability for any losses or damages you sustain in connection with your use of any Outside Services.

The Site or Services may also provide certain social media features that enable you to link to certain content on the Site, send communications with certain content from the Services, or cause limited portions of content on from the Site or Services to be displayed on other websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Audiochuck reserves the right to withdraw linking permission without notice, and to disable social media features and any links at any time without notice, at our discretion.

Some Services may be available (or only available) through accessing, or downloading from, a third party platform or store, such as the Google Play Store or Apple App Store (each an “App Store”). Your use of the Services may also be governed by any applicable agreements you have with any App Store (the “App Store Agreements”). In the event of any conflict between any other App Store Agreement(s) and these Terms, these Terms will take priority.

17. LINKS TO OTHER SITES AND SERVICES

We cannot and do not promise that the Site or the Services will be uninterrupted, secure, or error-free. We reserve the right to interrupt/suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.

14. AVAILABILITY

You are solely responsible for obtaining and maintaining all internet, computer hardware and other equipment needed to access and use this Site and the Services, and you shall be solely responsible for all charges and fees related thereto.

Please note that the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Audiochuck is not liable for any damages related to communications to, or from, this Site or the Services.

15. ACCESS TO THE INTERNET

Audiochuck cannot and does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site and the Services. We have the right, but not the obligation, to correct any errors, inaccuracies or omissions and to change or update this Site (including the Audiochuck Materials) and the Services at any time, without prior notice to you.

16. CURRENCY OF SITE

YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITE, THE MOBILE APPLICATIONS, AND/OR SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE, THE MOBILE APPLICATIONS, AND/OR SERVICES. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY. INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD) (THE “LIABILITY CAP”).

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

20. LIMITATION OF LIABILITY

Audiochuck makes no warranty whatsoever to you, express or implied, regarding the security of the Site or Services, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the Site or Services. Audiochuck is not responsible for any losses resulting from the loss or theft of your device, the loss or theft of your information transmitted from or stored on your devices, or any losses arising from the use of your device by someone whom you have given access. You are required to notify us of any unauthorized use of the Services by using the contact information in the “Contact Information” section below.

Due to technical difficulties with the Internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site or the Services. Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site or the Services. Audiochuck recommends that you install appropriate anti-virus or other protective software.

AUDIOCHUCK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITE, THE MOBILE APPLICATIONS, OR THE SERVICES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THIS WEBSITE. 

18. SECURITY

THIS SITE, THE MOBILE APPLICATIONS, THE SERVICES AND THE AUDIOCHUCK MATERIALS ARE PROVIDED “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. AUDIOCHUCK DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE MOBILE APPLICATIONS, THE SERVICES, OR THE AUDIOCHUCK MATERIALS WILL MEET YOUR REQUIREMENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUDIOCHUCK, OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY REGARDING THE SERVICES NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADDITIONAL DISCLAIMERS, LIMITATIONS, AND NOTICES REGARDING THE SERVICES AND ITS CONTENT AND DATA MAY BE PROVIDED BY AUDIOCHUCK FROM TIME TO TIME WITHIN THE SERVICES.

These Terms were written in English (US). Any translated version is provided solely for your convenience using third party translation services such as Google Translate. You understand and agree that Audiochuck in no way controls or is responsible for any third-party product or service accessed through the Site or the Services.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY OF TRANSLATIONS OF THE SERVICES. PLEASE SEEK INDEPENDENT TRANSLATION SERVICES TO VERIFY ANY INFORMATION ON WHICH YOU RELY. NOTHING STATED, POSTED, OR AVAILABLE THROUGH ANY SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, AN OFFICIAL AND VERIFIED TRANSLATION OF THE SERVICES.  
WE DO NOT WARRANT THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SERVICES, THE MATERIAL, OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

Please note that some jurisdictions do not allow the disclaimer of certain representations or warranties, so the disclaimer in this Section 19 will apply to you to the extent permitted by applicable law.

19. DISCLAIMERS: SITE, SERVICES AND MATERIALS PROVIDED “AS-IS”

23. DISPUTE RESOLUTION; CLASS ACTION AND JURY WAIVER

You will defend, indemnify, and hold Audiochuck, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Services and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Site or Services on your behalf. Under no circumstance will Audiochuck be liable for damages of any kind that result from your use of, or the inability to use, the Services.

Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.

21. INDEMNIFICATION

Audiochuck may, from time to time, but is in no way obligated to, permit you to access and use this Site and the Services in accordance with these Terms of Use and in the manner more particularly set out herein. You acknowledge and agree (i) that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and (ii) that Audiochuck shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Services at any time or from time to time. We may terminate these Terms of Use for convenience with no notice to you.

Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.

22. TERM & TERMINATION

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS THE MANNER IN WHICH YOU AND AUDIOCHUCK CAN SEEK RELIEF FROM EACH OTHER AND REQUIRES ALL DISPUTES TO BE BROUGHT SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

A. Disputes
“Disputes” are any disputes, claims, actions, and other controversies between you and Audiochuck or between you and the affiliates or agents of Audiochuck that, in either case, arise out of or relate to these Terms of Use or the Services whether based in contract, tort, warranty, fraud, misrepresentation, statute, regulation, or another legal or equitable basis.

B. Informal Dispute Resolution
If you have a Dispute with Audiochuck or if Audiochuck has a Dispute with you, you or Audiochuck must first attempt to resolve the Dispute through informal negotiation for a period of sixty (60) days, or such longer period as mutually agreed in writing (email suffices) by the parties (“Informal Resolution Period”) from the day either party receives a written notice of a Dispute from the other party (a “Claimant Notice”) in accordance with these Terms of Use. The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing fee deadlines for a Dispute will be tolled for the duration of the Informal Resolution Period for that Dispute so that the parties can engage in this informal dispute-resolution process.
A valid Claimant Notice must be in writing and include all of the following: (i) the name, address and email address of the party giving notice, (ii) a description of the nature and facts of the Dispute, (iii) the relief requested, including the damages sought, if any, and a detailed calculation of them, (iv) an acknowledgement that the Dispute is subject to these Terms of Use, and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the notice. A Claimant Notice must be individualized, meaning it can only concern your Dispute and no other person’s or entity’s Dispute.

You will send any Claimant Notice to Audiochuck at the following address:

Legal Department
Audio Chuck LLC
6255 Carrollton Avenue, #30204
Indianapolis, IN 46230

With a copy by email to Compliance@audiochuck.com, with the subject heading: “Notice of Dispute.”

We will send any Claimant Notice to you at the contact information we have for you.

If a party receives a Claimant Notice, the receiving party will acknowledge receipt of the Claimant Notice and make a good faith effort during the Informal Resolution Period to either resolve the Dispute or explain why the claimant is not entitled to relief. Neither you nor Audiochuck may commence any court action or other legal proceeding regarding a Dispute before the end of the Informal Resolution Period. If you or Audiochuck file a court action or other legal proceeding regarding a Dispute without complying with the requirements of this section, including waiting until the conclusion of the Informal Resolution Period, the other party may (i) seek relief from a court to enjoin the filing until the requirements in this section are fully met, and (ii) seek damages from the party that has not followed the requirements in this section to reimburse it for any costs incurred as a foreseeable consequence of that breach.

C. Meet and Confer
The recipient of a Claimant Notice may request an individualized telephone or video settlement conference, and both parties shall personally attend (with counsel, if represented) any conference that is held. You and Audiochuck agree to work cooperatively to schedule the conference at the earliest mutually convenient time (with the Informal Resolution Period being extended as needed until that time) and to seek to reach a resolution during any such conference.

D. Class Action and Jury Waiver
To the fullest extent permitted by applicable law, any Dispute will be resolved on an individual basis, and not as a plaintiff or class member in any purported class, collective, coordinated, consolidated, or representative proceeding. By agreeing to these Terms, you are waiving the right to a jury trial and agree not to participate in or bring a class action or seek relief on a class-wide basis.

E. One Year to Assert Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND AUDIOCHUCK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

F. Third-Party beneficiaries
You must resolve Disputes with our past, present, and future affiliates and agents as though they were or are Audiochuck. Such affiliates and agents are third-party beneficiaries of this Section 24 and can enforce this Section 24 as though they were or are Audiochuck in the event they become involved in a Dispute with you. Otherwise, these Terms are only for the benefit of, and will only be enforceable by, you and Audiochuck only and do not give rights to any third parties.






These Terms shall be governed in accordance the laws of the State of Indiana, and applicable federal laws, without regard to choice or conflict of law provisions.

24. GOVERNING LAW

You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in Indianapolis, Indiana for resolution of any disputes arising out of or relating to these Terms or your use of the Services.

25. VENUE AND JURISDICTION

28. CONTACT INFORMATION

If you need to contact us regarding this Site, the Services or these Terms of Use, please reach out to us at Compliance@audiochuck.com.

26. CHANGES

You are responsible for reviewing these Terms regularly. Audiochuck reserves the right, at any time, without notice to you, and in its sole discretion, to modify or discontinue the Services, these Terms, or any of our policies related to use of the Services. Revisions to these Terms or our policies may be provided through the Services, including by posting the revisions on the Services and updating the “Last Updated” date. Such revisions will go into immediate effect once posted to the Services. Continued use of the Services following such modifications to the Services, these Terms, additional terms and conditions for any service, or our other policies will constitute your acceptance of such modifications and revisions.

27. ADDITIONAL TERMS

A. Entire Agreement
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.  

B. No Waiver
Either party’s failure to enforce the strict performance of any provision of these Terms or the additional terms and conditions for any Service will not constitute a waiver of such party’s right to subsequently enforce such provision or any other provisions of these Terms or the additional terms and conditions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

C. Headings
The section headings used in these Terms shall not be given any legal import.

D. Assignment
These Terms of Use are not assignable, transferable, or sublicensable by you except with Audiochuck’s prior written consent. Audiochuck may assign its rights and duties under these Terms of Use at any time without notice to you.

D. Severability
If any provision of these Terms of Use, including any part of Section 22, is found to be unlawful or unenforceable for any reason, including, but not limited to, unconscionability, (i) the unenforceable or unlawful provision will be severed from these Terms of Use and (ii) the remainder of the Terms of Use will remain in effect. If the class action waiver in Section 22(D) is found to be unlawful or unenforceable in a state for any reason, to the fullest extent allowed by applicable law, claimants may seek certification only of a class composed of residents of that state. Further, if any part of Section 22 is found to unlawfully prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought, and the remainder of this Section 22 will be enforceable.

E. Survival
Sections 17 (Security), 18 (Disclaimers: Site and Services and Materials Provided “As-Is”), 19 (Limitation of Liability), 20 (Indemnification), 21 (Term & Termination), and 24 (Dispute Resolution; Class Action Waiver) will survive any termination of expiry of these Terms of Use.