Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the services, applications, products, or websites (collectively, the “Services”) provided by Cicada Audio®. By accessing and using the Services, you agree to be bound by these Terms, along with any other relevant policies, including our Privacy Policy and Terms and Conditions for Online Sales. If you do not agree with these Terms, you must refrain from using the Services.

Cicada Audio® reserves the right to modify these Terms at any time. We will notify you of significant changes and allow you to review the updated Terms before continuing to use the Services. By continuing to use the Services after such changes, you accept the revised Terms. We recommend you review these Terms periodically to stay informed of any updates.

Eligibility

To use the Services, you must be at least 18 years of age. By accessing the Services, you confirm that you meet this age requirement.

Access to the Services and Account Security

Cicada Audio® may withdraw, modify, or restrict access to any part of the Services at its sole discretion without notice. While we strive to ensure uninterrupted service, we do not guarantee availability at all times. We are not liable for any unavailability or interruption of the Services.

You are responsible for making all necessary arrangements to access the Services and ensuring that all users who access the Services through your internet connection comply with these Terms. You must provide accurate, current, and complete information when required by the registration process. Any personal data you provide will be governed by these Terms and our Privacy Policy.

If you are given a username, password, or other security information, you must keep it confidential and not share it with anyone else. You are responsible for notifying us immediately if you suspect any unauthorized use of your account. Always log out from your account after each session, especially when using public or shared computers.

Cicada Audio® has the right to disable or modify any account credentials if we suspect a violation of these Terms.

Intellectual Property Rights

All content, features, and functionality on the Services, including text, images, software, and other materials (collectively referred to as “Cicada Audio® Content”), are owned by Cicada Audio® and protected by intellectual property laws. You may not copy, modify, distribute, or otherwise use any part of the Cicada Audio® Content without express permission.

Cicada Audio® reserves all rights to its intellectual property. You may not use Cicada Audio® trademarks, logos, or service marks without prior written consent.

Grant of License

Cicada Audio® grants you a limited, non-exclusive license to access and use the Services in accordance with these Terms. This license does not transfer any ownership rights to you. If you violate these Terms, your license to use the Services will be terminated immediately, and you must destroy any copies of the materials you have made.

Prohibited Uses

You agree to use the Services only for lawful purposes and in compliance with these Terms. Specifically, you may not:

• Violate any local, state, federal, or international laws.
• Exploit or harm minors in any way, such as exposing them to inappropriate content or requesting personal information.
• Send unsolicited or unauthorized advertising, spam, or chain letters.
• Impersonate Cicada Audio®, its employees, or any other person or entity.
• Restrict or inhibit others from using the Services, or engage in any behavior that may harm or expose Cicada Audio® or its users to liability.

In addition, you agree not to:

• Use the Services in a manner that could disable, overburden, or damage the platform.
• Employ automated tools (e.g., bots, spiders) to access or copy content from the Services.
• Introduce malicious software such as viruses or worms.
• Attempt unauthorized access to any part of the Services or the servers hosting them.

Changes to the Services

We may update, modify, or remove content from the Services at any time. While we strive to maintain accurate and up-to-date information, we are under no obligation to ensure that the content is current or complete. Cicada Audio® may update the content but does not guarantee that any material will be revised promptly.

Disclaimer of Warranties

Your use of the Services is at your own risk. The Services and all associated content are provided “as is” and “as available,” without warranties of any kind. Cicada Audio® disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Services will meet your expectations or remain error-free, uninterrupted, or secure.

Limitation of Liability

Cicada Audio®, its affiliates, licensors, and employees will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the Services, including any damages to your computer or data. In the event that Cicada Audio® is found liable, our liability will be limited to $100.00 USD.

This limitation of liability does not apply to any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify and hold harmless Cicada Audio®, its officers, directors, employees, and agents from any claims, damages, liabilities, or expenses (including attorney’s fees) arising from your violation of these Terms or your use of the Services. This obligation will survive the termination of these Terms.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida. Any disputes arising from these Terms or the Services will be resolved through arbitration in Broward County, Florida, under the rules of the American Arbitration Association. The decision of the arbitrator will be final and binding. The prevailing party will be entitled to recover reasonable attorney’s fees and legal costs.

No Class Actions

You agree that any disputes with Cicada Audio® will be resolved individually, and not as part of a class or representative action.

Limitation on Time to File Claims

Any claims you may have related to these Terms or the Services must be filed within one (1) year from when the cause of action arises. Claims not filed within this period will be permanently barred.

Waiver and Severability

Our failure to enforce any part of these Terms does not waive our right to enforce that provision later. If any provision is found to be unenforceable, the remaining provisions will still apply.

Entire Agreement

These Terms, along with the Privacy Policy and Terms and Conditions for Online Sales, constitute the entire agreement between you and Cicada Audio® regarding your use of the Services. These Terms supersede all prior agreements or understandings, whether written or oral.

Contact Information

For questions, concerns, or legal notices regarding these Terms, please contact us at:

Cicada Audio®
3757 E Broadway Road, Suite 3
Phoenix, Arizona 85040
Email: support@cicadaaudio.com
Telephone: 480-887-8699