Access to Your Account
You will be required to create an account and specify a password in order to use certain services or features on the websites or mobile applications. To create an account, you must be at least 18 years old and you must provide truthful and accurate information about yourself. Should your information change at any time, your account must be accurately updated to reflect the same.
In some cases, an account may be assigned to you by an administrator, such as your employer. If you are using or logging into an account assigned to you by an administrator, additional terms may apply to your use of the websites. Moreover, your administrator may be able to access or disable your account at any time. CallOut is not responsible for such deactivation. If you believe that your account has been compromised at any time, please notify your system administrator. Your account may not be shared with any other individual without prior written consent.
Modifications and Termination of Your Account
We reserve the right to modify and/or change our websites at any time, with or without notice. We also reserve the right to terminate access to our websites at any time, with or without notice. You have the right, at any time, not to use our websites.
Your Use of the Websites
You may not use the Websites in a way that violates any laws, infringes the rights of any others, may be considered offensive, or interferes with the Websites or the ability of any others to make use of the Websites.
We reserve the right, at any time, to take down Content, alter offensive Content or otherwise limit or prohibit you from using the Websites.
All ownership of any intellectual property rights associated with the content of the Websites are owned exclusively by CallOut, LLC and/or its affiliates.
Use of content from the Websites is strictly prohibited without prior written authorization.
Based on your use of the Websites, you consent to receive electronically any communications related to your use of the Websites. We may communicate with you by email or by posting notices. You further agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address provided to us. Please note that by submitting Content, creating a user account or otherwise providing us with your email address or any other personal identification information, you agree that we may contact you consistent with our Privacy Statement.
The Service may include features that operate in conjunction with certain third party social networking websites such as Facebook, Instagram, YouTube, Twitter and/or any other third party social networking sites. Any use of those websites in conjunction with this website is governed by these Terms while the use of other third party social networking websites and the services provided therein are governed by the terms of service and other agreements posted on those websites.
We may provide opportunities for you to post text, photographs, videos, or other content on the Websites. You are responsible and for any and all content you post and further represent and warrant that you own all the rights to all content you post or have permission from another to do so.
The posting of content by you automatically grants CallOut, LLC, our agents, affiliates, subsidiaries, licensees, and assigns an irrevocable, perpetual (non-exclusive) right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise have unlimited use to such posted content.
You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any content you post.
All information, ideas, suggestions, or other communications to us, including any and all improvements to the products and services offered, will not be confidential. We reserve the right to reproduce, use, disclose, and distribute such information without any obligation to you.
Posted Content by Others
We are not responsible for any content posted by any other person or entity. We cannot be held liable, directly or indirectly, for any loss or damage caused to you or any other third party in connection with any content posted by others.
Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER CALLOUT, LLC NOR ITS AFFILIATES, SUBSIDIARIES, AGENTS, ASSIGNS OR PROVIDERS MAKE ANY SPECIFIC REPRESENTATIONS ABOUT THE WEBSITES. ALL WEBSITES AND THEIR CONTENT ARE PROVIDED “AS IS”. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY AND ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
Liability for our Services
EXCEPT WHERE PROHIBITED BY LAW, THE CALLOUT, LLC AND ITS AFFILIATES, SUBSIDIARIES, AGENTS, ASSIGNS AND PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITES OR ANY THIRD PARTY’S USE OF THE WEBSITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
These Terms are governed by and construed in accordance with the laws of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms and or your use of the Services resides in the courts located in Dallas, Texas, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The unenforceability of any particular provision in these Terms will not affect any other provision.