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callrevu-hero-terms-of-use-2021

Terms of Use

 

Last Updated: January 4, 2021

 

CallRevu, LLC, its parents, subsidiaries and affiliates (“CallRevu”, and at times referred to herein as “us”, “we” or “our”), has created these Terms of Use (“Terms”) for our website (www.callrevu.com) and any of our sub-domains and sites that we private label on behalf of our clients (collectively, the “Site” or this “Site”). These Terms apply to all use and operation of the Site and any website belonging to us.

Acceptance of Terms.

Please read these Terms carefully. These Terms govern your use of our Site. By accessing or using any part of our Site, you agree to be bound by these Terms. If you do not accept all of these Terms, you may not access or use our Site.

Privacy Policy and Use of Services.

You also acknowledge having read, and being bound by and subject to, our Privacy Policy, available at https://www.callrevu.com/privacy, the terms of which are incorporated herein. Our Privacy Policy sets forth the data we collect, use and share while you use and access our Site. By using our Site, you have read, understood, and agree to the terms of our Privacy Policy, and you agree that we may use such information in accordance with the terms of our Privacy Policy. By using our Site, you consent to the collection and use of personally identifiable information. If you have any questions concerning our Privacy Policy, please contact support@callrevu.com. You should also review the Dealers (defined below) privacy policy which governs the information collected by Dealers and for which we are not responsible.

You further acknowledge that any use of our services, software and products, whether or not found at, related to or accessed through the Site, shall be subject to our Terms of Service available at https://www.callrevu.com/terms-of-service. Our services include, but are not limited to, call management and monitoring solutions for business clients, primarily automotive dealers and other in the automotive industry (“Dealer” or “Dealers”).

In the event of a conflict between the these Terms, the Privacy Policy or the Terms of Service, the Privacy Policy and Terms of Service shall prevail, as applicable.

User Account.

In order to access certain features of our Site, you may be required to register by creating a user account. Whether you are visiting our Site or are a Dealer employee or Dealer customer, you agree, by becoming a registered user, to: (a) provide and maintain accurate, current, and complete information, (b) maintain the security of your username and password, (c) assume full responsibility for any uses of and actions that take place through your account, and (d) provide us with immediate notice of any breach of security or unauthorized use of your account. In our discretion, your account may be terminated and your profile and any information you have provided through the Site may be deleted, and/or you may be prohibited from using or accessing the Site, or any portion thereof, at any time, with or without notice, and for any or no reason.

Limited License.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Site to which you have properly and lawfully gained access. If you are a consumer, you are accessing the Site solely for your informational, personal and non-commercial use. Any use of the Site other than as specifically authorized by these Terms is strictly prohibited, in violation of these Terms and will automatically and immediately terminate the rights and licenses granted herein. Any unauthorized use of the Site may also be a violation of applicable law. We may revoke, suspend or terminate the foregoing license with respect to any aspect of the Site at any time and for any or no reason.

Unless otherwise authorized by us in writing, you shall not: (a) modify, download, intercept, or create any derivative works of the Site, including any translations or localizations thereof; (b) access or use the Site through an application or means not authorized by us; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Site; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Site to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Site; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Site; (g) provide to any third party your username and password used to access the Site or links from the Site; (h) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Site; (i) circumvent any technological measures employed by or on our behalf to protect the Site; (j) use any other technologies or initiate any other activities that may harm the Site, or our interests or property or other users of the Site; or (k) aid or encourage any third party to engage in any activity that would constitute a breach of these Terms.

Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Except for the content that you provide, all content on the Site is owned by or licensed to us, with all rights reserved, and is subject to and protected by copyright and other applicable intellectual property rights and laws.

User Conduct.

In using the Site, you may not: (a) register an account on behalf of an individual other than yourself, impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent yourself, your age or your affiliation with any Dealer, person or entity, or attempt to use another person's account; (b) copy, transmit, display, distribute, download, modify, publish, post, reproduce, or otherwise use the Site for commercial or public purposes without our prior written consent; (c) use data mining, automated scripts, robots or similar data gathering or extraction tools or processes; (d) use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; or (e) upload, post, transmit, share, store or otherwise make available any material that (i) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or equipment or that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any law; or (ii) may, in our sole judgment, be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, vulgar, obscene, racist, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.

Disclaimers.

We are not a Dealer, nor a seller or broker for any Dealer. Information about specific Dealers and their vehicles and services are provided by those Dealers. While we strive to keep this Site current, we cannot guarantee the accuracy of information provided through the Site, including, without limitation, the availability or price of any vehicles or auto services or the terms or your eligibility for any promotions or offers, and are not responsible for any errors or omissions with respect to the information made available on the Site.

The Site, and all content contained therein are provided "AS IS" and “AS AVAILABLE”, without warranties of any kind, express or implied. To the maximum extent permitted by applicable law, we disclaim any and all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non‐infringement. We do not warrant that the Site will be uninterrupted or error free, or free from loss, destruction, damage, corruption, attack, interference, hacking or other security intrusion, or will not contain content you deem offensive, indecent or otherwise objectionable, and we disclaim any liability relating thereto. Further, we do not warrant that any specific information requested will be provided or that the Site will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of this Site, and the accuracy, timeliness or completeness of the content, is assumed solely by you. Some states do not allow limitations on implied warranties, so the above limitations, in full or in part, may not apply to you but shall apply to the full extent permitted by applicable law.

Your use of or access to the Site may be denied at any time, without or without notice, and for any or no reason. The Site may be modified or discontinued at any time, with or without notice, and for any or no reason. You agree that we will not be liable to you or any third party for any denial of access to, or modification or discontinuation of, the Site.

The Site is controlled and operated from within the United States. We make no representation that the Site, including the information we collect, complies with the laws of any foreign jurisdictions. If you choose to access the Site from outside the United States, you do so at your own risk and are responsible for compliance with any applicable foreign laws and laws to which you are subjected.

Third Party Links.

The Site may include links to third-party sites. Any such third-party sites, and any information provided therein, is made available to you by our Site “AS IS” and “AS AVAILABLE”, and solely for your information. Some third-party services may be provided through third-party sites that require you to register on those sites. Any such registration is separate from registration on this Site and will be governed by the terms of the third-party site. You acknowledge and agree that you are responsible for evaluating the risks associated with using any third-party sites, content, or services and that we have no liability for any services provided on or through such third-party sites and make no representations or warranties concerning the accuracy, integrity or quality of any third-party sites or content. With respect to third-party content or links posted on the Site, we may receive payment or other consideration, which content may, but is not required to be, identified as "sponsored content."

Intellectual Property.

As between you and CallRevu, you acknowledge that we retain all rights, title and interest in and to all trademarks (including, but not limited to, trade names, service marks, logos, graphics, designs, brands and service names), patents, copyrights, trade secrets and any other proprietary rights in or appearing on our Site and all of the related content. All of the foregoing proprietary rights are either owned by us, registered to us, or licensed to us for our use. The Site is owned or licensed by us and are protected by the laws of the United States and other countries in which the Site is made available. You agree to prevent any unauthorized copying, use, distribution or disclosure of the Site and no copying, use, distribution or disclosure is permitted without our prior written consent. Nothing on the Site or elsewhere should be construed as granting, by implication or otherwise, any license or right to use any of our proprietary information.

It is our policy to respond to clear notices of alleged copyright infringement, in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may file a written notice of infringement with our copyright agent containing the following information: (a) electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property rights; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) description of where the material that you claim is being infringed upon is located on the Site; (d) your name, physical address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and (f) a statement by you affirming that the information provided in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Please send the foregoing information to support@callrevu.com.

Compliance With Law Enforcement.

We will cooperate with government and law enforcement officials, as well as private parties, to enforce and comply with the applicable laws. We may disclose any information about you to government or law enforcement officials or private parties that, in our sole discretion, we believe necessary or appropriate to respond to claims or legal process including, but not limited to, subpoenas, to protect our property and rights or that of a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or subject to legal action.

Children.

Any use of or access to the Site by anyone under 13 is not permitted and is a violation of these Terms, and if you are under the age of 18 you must have parental consent. Our Site is not intended for users under the age of 13. By using or accessing our Site, you represent and warrant that you are 13 years of age or older (and if under age 18 you have parental consent) and fully able to agree to and abide by all of our Terms. We may suspend or terminate your user account and delete any profiles, content, or data you may have created or posted if we believe, in our sole discretion, that you are less than 13 years old. If you are not at least 13 years old, have not obtained parental consent if under the age of 18, or do not agree to all of the terms herein, then you may not use the Site.

Indemnification.

You agree to indemnify, defend and hold us, our owners, directors, officers, members, employees and agents, harmless from and against any and all losses, liabilities, claims, demands, damages, assessments, including attorneys fess and expert costs, arising out of or in connection with (a) your alleged or actual breach or violation of these Terms, any applicable laws or the rights of any user or third party, (b) your use or misuse of the Site, and (c) your alleged or actual infringement or violation of the rights of a third party, including, but not limited to, any intellectual property or proprietary right, rights of publicity and rights of privacy.

Limitation of Liability.

In no event will we, or our owners, directors, officers, members, employees and agents, be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, liquidated or punitive damages, including, but not limited to, for lost profits or lost data arising from your use of the Site or any of the content accessed through or downloaded from the Site, even if we are aware or have been advised of the possibility of such damages. In no case shall we, our owners, directors, officers, members, employees and agents, have any cumulative liability to you for any cause whatsoever, and regardless of the form or type of action, our liability will not exceed $10.00. Certain state laws do not allow the exclusion or limitation of certain damages, thus, these limitations, in whole or in part (as applicable), may not apply to you.

Dispute Resolution and Governing Law.

With respect to any dispute arising under these Terms or in connection with your use of the Site, you agree to first contact us at support@callrevu.com and work with us in good faith to attempt to resolve the dispute. In the event we are not able to resolve the dispute, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), through binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA. The arbitration shall take place in Baltimore County, Maryland. The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (a) as required by law, rule, or regulation; (b) to its accountants, attorneys, and other fiduciaries and professionals; and (c) to an arbitrator by a party who has exercised its rights under this paragraph for use as persuasive authority in other proceedings brought pursuant to this paragraph.

These Terms, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of Maryland, excluding its choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding the foregoing, you or CallRevu may seek injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site. For any such actions, you and CallRevu agree to submit to the personal jurisdiction of the state and federal courts located in Baltimore County, Maryland and waive any and all defenses of lack of personal jurisdiction and forum non conveniens. You and CallRevu agree to waive any and all rights we may have to trial by jury.

Corporate Transfer.

In connection with a corporate merger, acquisition, divestiture, asset sale, joint venture, bankruptcy, dissolution, reorganization, or any other similar transaction or proceeding, we may sell, divest, transfer, assign, share or otherwise engage in a transaction that involves some or all of our assets including your user account information and content. Following any of foregoing activities set forth in this paragraph, we shall be relieved of any liability or obligation to you whatsoever.

General Provisions.

We may modify these Terms at any time and for any reason by posting the revised Terms on our Site. Your use of our Site indicates your acceptance to these Terms and any modifications of these Terms. Your continued use of the Site is expressly governed by these Terms. Please check these Terms periodically for updates.

In the event any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable laws as nearly as possible to reflect our original intentions, and the remainder of these Terms shall remain in full force and effect to the fullest extent permitted by law. These Terms, together with our Privacy Policy and any other agreements between you and CallRevu, contain the entire agreement concerning your use of this Site and supersede all existing agreements and all other oral, written or other communication between us concerning its subject matter. No waiver of these Terms shall be effective unless in writing. Except as otherwise expressly stated in these Terms, there shall be no third‐party beneficiaries. You may not assign any rights that you may have hereunder.

Contact Us.

If you have any questions or concerns concerning us, these Terms or your use of the Site, please contact us at support@callrevu.com. We will make every effort to respond promptly and address your concerns.