Terms and Conditions

The following terms and conditions govern all use of the OutVoice website and all content, services and products available at or through the website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by OutVoice(collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by OutVoice, acceptance is expressly limited to these terms.

  1. Your OutVoice Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify OutVoice of any unauthorized uses of your account or any other breaches of security. OutVoice will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  1. Responsibility of Contributors. If you use any services provided by OutVoice, you are entirely responsible for any harm resulting from the use of those services. By using services provided by OutVoice, you represent and warrant that:
    • you have fully complied with any third-party licenses relating to using the services;
    • you are not using the services for spam, or to drive unethical or unwanted traffic to third party sites, or to further unlawful acts or mislead recipients as to the source of the traffic;
  1. Without limiting any of those representations or warranties, OutVoice has the right (though not the obligation) to, in OutVoice’s sole discretion (i) refuse services that, in OutVoice’s reasonable opinion, violates any OutVoice policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in OutVoice’s sole discretion. OutVoice will have no obligation to provide a refund of any amounts previously paid.
  1. Payment and Renewal.
    • General Terms.
    • Paid Services are available on the Website. By using the Paid Services you agree to pay OutVoice the monthly subscription fees indicated for that service. Payments will be charged on a pre-pay basis, the day you sign up for a Paid Service and will cover the use of that service for a monthly subscription period as indicated. Paid Service fees are not refundable.
    • Automatic Renewal.
    • Unless you notify OutVoice before the start of the applicable subscription period that you want to cancel a Paid Service, your Paid Service subscription will automatically renew and you authorize us to collect the then-applicable monthly subscription fee for such Paid Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Paid Services can be canceled at any time in the Account section of your site’s dashboard.
  1. Responsibility of Website Visitors. OutVoice has not reviewed, and cannot review, all of the material, of the websites accessed by our services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, OutVoice does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The websites access by OutVoice’s services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The websites accesssed by OutVoice’s services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. OutVoice disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  1. Changes. OutVoice reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. OutVoice may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  1. Termination. OutVoice may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your OutVoice account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  1. Disclaimer of Warranties. The Website is provided “as is”. OutVoice hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. OutVoice makes no warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  1. Limitation of Liability. In no event will OutVoice be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to OutVoice under this agreement during the twelve (12) month period prior to the cause of action. OutVoice shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  1. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  1. Indemnification. You agree to indemnify and hold harmless OutVoice, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between OutVoice and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of OutVoice, or by the posting by OutVoice of a revised version.

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