ShoutBoss

ShoutBoss LLC
5237 Summerlin Commons Suite 400 FT Myers FL
Sales@shoutbosssales.com
Effective Date: 4-30-18
This page represents a legal document and is the Terms and Conditions (Agreement) for our Software Application; hereinafter referred to as “Software.” By using our Software, you agree to fully comply with and be bound by the following Agreement each time you use our Software. Please review the following terms carefully.

Definitions

The terms “us”, “we”, and “our” refer to [Our Company], the owner of the Software. A “Member” or “User” is someone who has registered with us to use our Software.

All text, information, graphics, design, and data offered through our Software and Services, whether produced by our Members or by us, are collectively known as our “Content”. We distinguish content posted by our Members or Users as “Member Content”.

Acceptance of Agreement

This Agreement is between you and [Our Company].

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT

OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING OUR SOFTWARE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THIS PAGE AND DO NOT PROCEED FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and [Our Company] and supersedes all other Agreements, representations, warranties, and understandings with respect to our Software, Services, and the subject matter contained herein.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and available in our Software. You must review our Privacy Notice by clicking on this www.shoutboss.com  If you do not accept and  agree to being bound by all the terms of this Agreement, including our Privacy Notice, do not use our Software or our Services. 

Arbitration

Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration will be conducted in Ft Myers, FL,,​ and judgment on the arbitration award may​    be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Ft Myers, FL,necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Ft Myers, FL,, and will be governed by and construed in accordance with the laws of the state of Florida without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 

Eligibility and Registration for Membership

To use our Software and Services you must register to become a Member. Your Membership is not transferable or assignable. Our Software and Services are intended solely for Users who are at least (18) years of age or older. Any registration by, use of, or access to our Software by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Software and/or Services you represent and warrant that you are (18) years of age or older and agree to abide by all the terms and conditions of this Agreement. [Our Company] has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration with or without explanation.

Harassment by Other Members

If you believe that any Member of our Software is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us

Limited License

[Our Company] grants you a nonexclusive, nontransferable, revocable license to access and use our Software and Services strictly in accordance with this Agreement. Your use of our Software and Services are solely for internal, personal, noncommercial purposes unless otherwise provided in this Agreement. 

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Software, Content, Services, and any software provided therein.

Our Intellectual Property

Our Software may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Software or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of [Our Company]. 

Our Content, as found within our Software and Services, is protected under the United States and foreign copyrights. Copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Software and Services does not grant you any ownership rights to our Content.

Content Disclaimer

Our Content may be changed without notice and is not guaranteed to be complete, correct, timely, current, or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Software. Members are responsible for their own content where applicable and may update their Content at any time without notice and at their sole discretion. 

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Software will be error-free, free of viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Software will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or Content of our Software or Services at any time. 

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that  we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We  are not a party to the transactions entered into between you and Merchants. 

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING

WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT.

WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITE OR ANY OTHER WEBSITE LINKED TO OUR SOFTWARE. 

All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant website. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has the authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

[Our Company] is not responsible or liable in any manner for any content posted in our

Software or in connection with our Services, whether posted or caused by Members of our Software, or by [Our Company]. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Software or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Software or Services.  [Our Company] is not responsible for the online or offline conduct of any User of our Software or Services. 

Our Software or Services may be temporarily unavailable from time to time for maintenance or other reasons. [Our Company] assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of Member communications. 

[Our Company] is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet, or any combination thereof, including injury or damage to Members’ or to any other person’s computer, mobile phone, or other hardware or software related to or resulting from using or downloading materials in connection with our Software or Services, including without limitation any software provided through our Software or Services. 

Under no circumstances will [Our Company] be responsible for any loss or damage, including any loss or damage or personal injury or death resulting from anyone’s use of our Software or Services, or any interactions between Users of our Software or Services, whether online or offline. 

 

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR SOFTWARE ARE

PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED

WARRANTIES ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SOFTWARE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. 

 

[Our Company], INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR

USE OF OUR SOFTWARE OR SERVICES. [Our Company] CANNOT GUARANTEE AND DOES NOT

PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR SOFTWARE OR SERVICES, INCLUDING,

BUT NOT LIMITED TO, RELATED SOFTWARE. [Our Company] DOES NOT REPRESENT OR

WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE,

COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS. THEREFORE YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING

ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT

AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR SOFTWARE, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. 

 

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD

OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR

SOFTWARE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE

FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER

SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OF

OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,

LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF

WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [Our Company]. 

 

OUR SOFTWARE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO

ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SOFTWARE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

Limitation of Liability

[Our Company], as well as all our Affiliates, will not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Software or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Software or Services, (d) your use of our Software our Content, (e) the Content contained on our Software or Services, or (f) any delay or failure in performance of our Software and Services beyond our control. 

IN NO EVENT WILL [Our Company] OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO

YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,

SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING

FROM YOUR USE OF OUR SOFTWARE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE,

ACCESSED THROUGH OR DOWNLOADED FROM OUR SOFTWARE OR SERVICES, EVEN IF 

[Our Company] IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, [Our Company]’S

LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE

ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR  OUR SOFTWARE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Member Conduct

Members may post their content to our Software through our Services (Member Content). Members understand that by using our Software or Service they may be exposed  to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. [Our Company] is not responsible for the monitoring or filtering of any Member Content. Should any Member Content be found illegal, [Our Company] will submit all necessary information to relevant authorities.

If any Member Content is reported to [Our Company] as being offensive or inappropriate,  we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by [Our Company]. If the Member fails to meet such request,  [Our Company] has full authority to restrict the Member’s ability to post Member Content OR immediately terminate the Member’s membership without further notice to the Member. 

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws. 

You warrant that you will not use our Services to infringe the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members who we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a Member you agree not to use our Services to do any of the following:

         1)   Upload, post, or otherwise transmit any Member Content that:

Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
Links directly or indirectly to any materials to which you do not have a right to link
Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or extract information from our Software or
Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of [Our Company] is objectionable or restricts or inhibits any other person from using or enjoying our Software or Services, or which may expose [Our Company], our affiliates, or our Users to any harm or liability of any type 2)    Use our Content to:
Develop a competing Software
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Software, Services, and any related software 
Use our Software or Services in any manner that violates this Agreement or any local, state, federal, or international laws.

Ownership, Copyrights and Licenses

You will retain the copyrights to content you post or upload to our Software. However, you agree to grant [​ Our Company] a nonexclusive, ​       irrevocable, royalty-free,​  worldwide license to​ use, edit, publicly display, advertise, reproduce and distribute such content for any purpose, including producing derivative works, or incorporating into other works. [​ Our Company] will hold this license indefinitely. You also agree that you do not have any claim​            to any intellectual property or derivative work based on your content produced by [​ Our Company].

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Links to Other Websites

Our Software may from time to time contain links to third-party websites. The inclusion of links to any website on our Software does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.  [Our Company] has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review​      the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Refund and Return Policy

We have no refund policy at this time.

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. On termination, you will stop representing yourself as a registered

Member. You must uninstall our Software, delete or destroy any information or content (including all copies) obtained from our Software. Certain provisions of this Agreement, including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this Agreement.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, affiliates, assigns, third party suppliers of information, software, services, and documents, free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Software or Services. 

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or in writing. We will also post these changes on our Software. These changes will become effective 30 days after receiving the notice. To avoid doubt, no​    unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending​   disputes unless the parties expressly agree otherwise. Your continued use of our Software,​    Services, and Products after any change to these Terms and Conditions and notifying you will​  constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Software, Services, and Products.