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TERMS of SERVICE / PRIVACY POLICY

PLEASE READ OUR TERMS OF SERVICE / PRIVACY POLICY CAREFULLY BEFORE YOU USE OUR WEBSITE AND/OR SERVICES

Last Revised: 2/25/2020

Shoutworks/SWKS, Corp. (“Shoutworks”, “ShoutWorx”, “we” or “us” or “The Company”) and its affiliates owns and operates its website, Shoutworks, located at www.Shoutworks.com and all mobile applications, plugins and services made available by Shoutworks, (collectively referred to in this document as the “Services” or “Website”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein. The terms “User Submissions” and “Content” are defined as any material in any form that is provided to The Company by entering a web page URL for use in any way.

Agreement

By visiting, browsing, or otherwise using the Services, you are agreeing to be bound by these Terms of Service (“Terms of Service” or “TOS”). These TOS govern your use and access to the website and all our Services. We may change these terms at any time, but we will post a notice on this website of any material changes. You agree that your continued use of the Services after a notice is posted means that you accept any new or modified terms and conditions. If you do not accept these TOS, you are not permitted to access or use the Services.

Creating an Account on the Services

To access and use certain portions of the Services, you will have to create an account (“Account”). To create an Account, you must be at least 18 years of age at the time of registration. You may only create one account as an individual. You must safeguard your password. You understand and agree that you are responsible for the activity that occurs on your Account and will notify us immediately of any unauthorized use of your Account. If you violate any of these TOS, we may terminate your Account. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you.

Shoutworks, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Services. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service (b) a request by you to cancel or terminate your account;(c) discontinuance or material modification to the service or any part thereof;(d) a request and/or order from law enforcement, a judicial body, or other government agency;(e) where provision of the service to you is or may become unlawful;(f) unexpected technical or security issues or problems;(g) your participation in fraudulent or illegal activities; (h) failure to pay any fees owed by you in relation to the Service; or (i) a dispute filed by you with your credit card company. Any such termination or suspension shall be made by Shoutworks in its sole discretion, without any refund to you of any prepaid fees or amounts, and Shoutworks will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

User License

Subject to compliance with these TOS, SWKS, Corp. hereby grants to you the non- transferable, nonexclusive, revocable, limited license to access and use the Services for personal, non-commercial, reference, education and research purposes without any right to re-license, sublicense, distribute, assign or transfer such rights. SWKS, Corp. expressly reserves all rights not expressly granted in these TOS.

Purchases, Trial Terms, Automatic Billing and Cancellation Policy

You will be billed from the first day of your subscription, unless receiving a free trial, according to the terms outlined on the sign-up page. All subscriptions are single use only and sharing your access and/or password is prohibited. When you sign up for any of our Services, a welcome email will be sent to your inbox. If you do not receive it, you may have entered an incorrect email address. If you do not receive this welcome email within 24 hours, please contact Shoutworks support staff by email at Support@Shoutworks.com. Shoutworks is not responsible for any loss of information in the event that you do not provide a valid email address. Occasionally, Internet Service Providers will mistakenly block our emails because they do not realize they are part of a paid subscription. Shoutworks is not responsible for any blocked email, whether it is initiated by the ISP or by the subscriber. You can find whitelisting instructions on the Shoutworks website.

Some Services may provide a free trial, “Coupon Code” or introductory offer. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one trial per person and household in any given one-year period unless otherwise stated in the offer. Shoutworks reserves the right to cancel any and all accounts at any time for any reason at our discretion. These reasons can  include but not be limited to faulty coupon codes, excessive number of subscribers, a change in pricing and/or services. 

Upon signing up for a free trial, you will have access to the Service for the promotional
trial period. If you cancel prior to the end of the promotional offer period, your credit card
will not be charged. If you don’t cancel your subscription within the trial offer period, we
will charge the primary credit card you provided during the sign-up process. You may
visit your subscription management page on our website or email Support@Shoutworks.com to terminate your trial enrollment.

You agree to pay the subscription fees and any other charges incurred in connection with your Account at the rates in effect when the charges were incurred. Your subscription will automatically renew at the same rate, until you notify us of your decision to terminate your subscription. Subscriptions will renew for monthly, quarterly or one-year terms, in accordance with term you signed up for originally. If you would like to terminate your subscription, visit your subscription management page on our website or email us at Support@Shoutworks.com . Any fees paid by you prior to your termination are nonrefundable, except those covered by our Shoutworks Satisfaction Guarantee. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE. Accordingly, you agree that your subscription fee will be billed automatically at the beginning of each renewal period to the credit card you used in your most recent transaction with us. We use a third party, not affiliated with us to process payments – Stripe, Inc. (“Stripe”). You agree that Stripe is solely responsible for controlling, handling, and processing payments through its systems. You agree to update promptly your account information with Stripe, including credit card numbers and expiration dates, so that we can complete your transactions. Shoutworks does not collect any sales, use, VAT, or any other “taxes” of any kind. These “taxes” if due and collectable by any local, state, government or any other agency of any kind are the sole responsibility of the user and not an obligation of Shoutworks of any kind.

Your Conduct on the Services

All interactions on the Services must comply with this TOS. As a condition of your use of the Services, you agree that:

  • You will use the Services for lawful purposes and in a lawful manner;
  • You will not reverse engineer, decompile or modify the Services, in whole or in part or otherwise use the Services or the information contained therein or results derived therefrom, or any other products or services provided by SWKS, Corp. or its affiliates;
  • You will not tamper or interfere with the proper functioning of the Service or any part, page or area of the Shoutworks website, including any manner that could damage, disable, overburden or impair the website;
  • You will not use any automated means to access Shoutworks
  • You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Service;
  • You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to our Service;
  • You will not submit any purposely inaccurate information, commit fraud or falsify information in connection with your Account;
  • You will not attempt to scan or test the security or configuration of the Service or bypass or circumvent any measures we may use to prevent or restrict access to the Services;
  • You will follow all Amazon Alexa user guidelines shown anywhere on any Amazon web sites.

Special Case Amazon Alexa Skills

For various types of Amazon Alexa Skills Amazon may require additional informative disclaimer type language within your skill description and/or content including but not limited to blog posts, flash briefings, and deals of the day. Non-inclusion of this disclaimer type language may cause your skill to be rejected or deleted by Amazon. For further guidelines see the Amazon Alexa website. An example of this disclaimer type language would be for any skills (or Alexa read content form your website) that may include stock or investment information. For Skills with this type of information your site description (found in the Inform tab of the Shoutworks WordPress plugin) should include text like this: “Note: All stock data and pricing is accurate at the date noted in this report.” Similar language may be required within any other content from your website. In general, this disclaimer type language is consistent with common regulatory guidelines for content of this type. This section is just provided for informational and example purposes only. You should consult with your legal advisors for what to do regarding this matter.

Shoutworks Satisfaction Guarantee

All Services offer a 30-day Satisfaction Guarantee upon request except for those Services offered with a free trial or introductory offer. If for any reason you would like to cancel your subscription within 30 days of purchase, you must contact us at Support@Shoutworks.com and request a refund for your previous 30-days of service. If the refund request is not received prior to the 29th day after purchase, Shoutworks is not liable to issue a refund. Services with a free trial or introductory offer are not eligible for the Satisfaction Guarantee.

Limitation on Shoutworks Liability

Shoutworks liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Shoutworks from Subscriber. Shoutworks will not be liable for consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by Shoutworks. Without limitation, Shoutworks shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) a subscriber’s inability to use or any delay in accessing Shoutworks website or any other source of material provided by Shoutworks; (2) any absence of material on Shoutworks website and/or services;(3) Shoutworks failure to deliver or delay in delivering any material or (4) any kind of error in transmission of material. Shoutworks and Subscriber acknowledge that, without limitation, the above enumerated conditions cannot be the probable result of any breach of any agreement between Shoutworks and Subscriber. DISCLAIMER OF WARRANTY: ANY AND ALL MATERIAL PROVIDED BY SHOUTWORKS IS PROVIDED “AS IS” AND SHOUTWORKS MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Disclaimer

The information and material on the Services are being provided for informational purposes only. Information has been obtained from sources believed to be reliable, but we do not warrant or guarantee its completeness, adequacy, timeliness or accuracy. SWKS, Corp. does not perform an audit, and undertakes no duty of due diligence or independent verification of any information it receives. The information contained herein is as of the date referenced, and we do not undertake any obligation to update such information in any form or format. Content and comments presented are solely those of the analysts, writer, experts, or information source quoted. They do not represent the opinions of Shoutworks.com.

Intellectual Property

Everything located on or in our Services is the exclusive property of Shoutworks/SWKS Corp. or is being used with permission from other Intellectual Property owners. Shoutworks/SWKS Corp. is the copyright owner or has exclusive or non-exclusive right of use from other Intellectual Property owners for all information contained in this Service (including, but not limited to, text, software, photos, video, and graphics), the selection, coordination, arrangement and enhancement of such content, as well as the infrastructure used to provide the Services, except as otherwise indicated. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered that appear on the Services are proprietary to Shoutworks/SWKS Corp. or other Intellectual Property owners and used under agreement with those other owners. Other parties’ trademarks and service marks that may appear on the Services are the property of the respective owners. You may print a copy of the information contained herein for your personal use only, but you may not link to Shoutworks website, modify, copy, display, reproduce, or make derivative works from any information obtained from or through the Services or distribute the information to others or, without prior written permission of Shoutworks. Use or reproduction of information from this Service for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. User shall not reverse engineer, reverse compile, disassemble or otherwise attempt to derive the source code to any Shoutworks software, technology, algorithm, process or technique. Violators will be prosecuted to the maximum extent possible.

Availability of the Services

You agree that from time to time we may modify or remove the Services, including any features therein, for indefinite periods of time and at any time, without notice to you. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance.

Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Services or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with SWKS Corp. and the Services while it is being transmitted. In addition, SWKS Corp. is not responsible for any data lost during transmission.

Third-Party Websites

Links to third party websites through the Services, if any, are provided solely as a convenience to you. SWKS, Corp. is not responsible for the content provided through
these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and we make no warranty as to the accuracy of any such information. SWKS, Corp. does not control and is not responsible for any third party websites, The Company content or The Company policies, including, without limitation, privacy policies or lack thereof. SWKS, Corp. does not endorse or make any representations about third party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. You acknowledge and agree that SWKS, Corp. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites or links to third party websites.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES. SHOUTWORKS, SWKS CORP., ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THTHE COMPANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHOUTWORKS/SWKS CORP. HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THE COMPANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY CONTENT OBTAINED FROM THE SITE, EVEN IF SHOUTWORKS OR SWKS, CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SHOUTWORKS/SWKS CORP. FOR CLAIMS ARISING UNDER THE TERMS OF USE EXCEED TWO HUNDRED AND FIFTY DOLLARS (US$250.00). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE THAT SHOUTWORKS/SWKS CORP. WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TOS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Severability

If any provision of these TOS is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Governing Law

Any disputes arising out of or related to the TOS and/or any use by you of the Services shall be governed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles. You submit and agree to the personal jurisdiction of the state and federal courts located in Virginia.

Acknowledgement and Agreement

Notwithstanding any other agreement or other communications between Shoutworks and Subscriber to the contrary, receipt or use of any material provided by Shoutworks, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.

Contact Information

To contact Shoutworks about these TOS or to provide any other notice, send such notice via email to Support@Shoutworks.com.
Updated: September 1, 2019

Additional Terms of Use and Privacy Policy Information

Thank you for visiting Shoutworks. These additional terms explain a number of things, including the rules covering the use of our website/application page and all related “skills” an material as well as other information regarding your rights. By using any element of Shoutworks (whether via personal computers, mobile devices or otherwise), you’ll be confirming that you have read and understood and agree to these Terms and Conditions of Use. We may modify or amend these Terms and Conditions of Use from time to time without notice. If we do, the most current version will always be available on our Website. We will indicate at the top of these Terms and Conditions of Use when they were last updated. If you do not agree with these Terms and Conditions of Use, please do not use the Website.

Your Information and Privacy

We are committed to protecting and respecting your privacy. For a more detailed explanation of how we will collect, use and store information relating to you, and our commitment to protecting your privacy, please see our Privacy Policy shown below in this document. Our Privacy Policy also includes information on how we use cookies on our Website.

Ownership of Content

All text, graphics, audio, video or image files, content, software, applications and information displayed on or available from this site, and all copyright, trade mark rights, design rights and other intellectual property rights in them (together, the “Content”) is owned by us, our users, our licensors and/or Content providers. This includes, without limitation, the organization and layout of the Website and the underlying software that is owned by us, our users, suppliers and/or licensors. By using the Website, you’re agreeing that the Content is available for personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any of the Content.

Except as authorized as above or under copyright law you are responsible for obtaining permission to use any Content included on the Website. This includes those photographs, illustrations and videos on the Website that we license from third parties. If you want to know who the copyright holder is for a specific photo, illustration or video, please contact us at Support@Shoutworks.com and we will provide you with that information. You shall comply with all applicable law regarding your use of the Website. You will not remove any copyright, trademark or other proprietary notices from material found on the Website or related services.

Trademarks

All trademarks, service marks and trade names of The Company or its partners, vendors or licensors used on the Website (including, but not limited to, the Shoutworks and/or Shoutworks name and logo) (collectively, the “Marks”) are trademarks or registered trademarks of The Company or its partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without our prior written consent. The use of the Marks on any other Website or network computer environment is not allowed. The Company prohibits the use of the Marks as a link on or to any other website unless establishment of such a link is approved in writing by us in advance.

Submission Policy

Where The Company has specifically invited or requested submissions and/or applications and/or other material, The Company encourages members of the public to submit user published Content or user Content (e.g., postings to chat rooms, comments to our blogs, participation in communities, videos, tips, etc.) to The Company that they have created for consideration in connection with the Website and any related programs, books and broadcasts (“User Submissions”). User Submissions posted to our Website will be information in the public domain, so please be aware that it may be accessed by any person using the internet in any part of the world and can be found using independent search engines. If you choose to post information to the interactive parts of our Website, you do so at your own risk. We strongly advise you to think carefully before choosing to share any personal information on the interactive parts of our Website. For more information, please see our Privacy Policy.

User Submissions remain the intellectual property of the individual user. By posting User Submissions on the Website, you expressly grant The Company a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such User Submissions and your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such User Submissions are deemed non confidential, and The Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Submission.

We may monitor User Submissions from time to time, but please note that we don’t have any obligation to police it. User Submissions and other content or materials posted online by third parties have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

We may remove or block access to any User Submissions at any time. For example, we may do this where we reasonably believe that someone has broken the law (for example, by infringing a third party’s intellectual property rights or breaching a duty of confidentiality). We bear no responsibility or liability in respect of any loss or damage suffered as a result of any of these actions.

If you have any concerns about Content or User Submissions appearing on the Website, please contact Support@Shoutworks.com.

User Code of Conduct

The following section — User Code of Conduct — gives you our common sense guidelines for how to contribute and interact to the Website without causing harm or offense to yourself and others and without having your User Submissions removed. To protect our users and the reputation of the Website, we may monitor interactions between users of our Website from time to time. Please note, however, that we have no obligation to police it.

We ask that in using our Website you show respect for other users and the property of others.

In using our Website, you agree that you will not:

  • post or otherwise make available content which is, in our view, likely to impair others’ enjoyment of the Website.
  • breach the law or encourage a breach of the law.
  • post or otherwise make available content which is, in our view, abusive, offensive, defamatory, obscene, pornographic or of a sexual nature, illegal, threatening, intimidating, in breach of privacy, confidentiality or third party rights or otherwise unacceptable.
  • post or otherwise make available content which, in our view, portrays unacceptable violence.
    behave in a way which is threatening, intimidating, harassing or bullying, offensive, abusive, defamatory, discriminatory or demeaning or to stalk or violate the rights of others, including individuals’ privacy rights.
  • do, cause or permit anything to be done that may infringe, damage or interfere with any copyright, moral rights, performing rights, design rights, trade mark rights or other proprietary or intellectual property rights of The Company, The Company respective owners, suppliers and/or licensors or any third party.
  • upload content which is not an original work created by you. share any information which is confidential to any other person.
  • do anything which will or might damage, interfere with, disrupt access to, overburden, interrupt or impair the functionality of the Website, the materials available on the site or any software or hardware.
  • obtain or attempt to obtain unauthorized access to the Website, any part of it or any private or member account areas.
  • obtain or seek to obtain personal information, confidential information or passwords from any other person using the Website.
  • circumvent or attempt to circumvent any filters we may use on the Website.
  • do anything which may cause any liability to The Company.
  • distort or misrepresent any individual or thing.
    register or apply for our program as or on behalf of anyone else, impersonate anyone else, seek to take on a false identity or misrepresent yourself, your identity or your age.
  • post or otherwise make available content containing financial information (such as account, credit or debit card details) or information which identifies an individual personally or is capable of identifying an individual personally (such as names, phone numbers, email addresses, postal addresses or any other personal data).
  • knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software, hardware or the Website.
  • sell, advertise, promote or endorse any goods or services.
  • use the Website to send any chain letters, junk mail, ‘spamming’ material or any other form of bulk communication.

The Company may reject or remove any User Submissions or other postings on the Website or Service if The Company believes (in its sole discretion) that any of the prohibited activities listed above have occurred. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Framing this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

Third-Party Links

On the Website we may provide, among other things, convenient links to other organization websites. The Website may also contain links to other third party websites, resources, advertisements or sponsorships.

If you choose to access any of these links, you will be leaving the Website and, since we don’t have any control over these sites, we are not responsible for the content, advertising, products or services available from them, or for any dealings or disputes that you may have in relation to those sites.

We are not liable for any loss or damage which may be suffered as a result of the use of such links and third party sites. We would encourage you to review the terms and conditions and privacy policy on any new site you may choose to access because our terms and conditions and privacy policy will no longer be applicable.

We reserve the right to remove a link from our Website at any time.

Limitations of Liability

Whether you are a direct or indirect beneficiary of The Company’s services:

  • We do not exclude or limit in any way our liability for tort where it would be unlawful to do so. This includes liability for death or personal injury caused by our misconduct or the misconduct of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any Content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Website; or
  • use of or reliance on any content displayed on our Website.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are an applicant or program participant:

  • Please note that we only provide our Website for domestic and private use and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is proven to be caused by us, we will either repair the damage or pay you compensation.

Indemnity

You agree to defend, indemnify, and hold The Company harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) your use of the Website or placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions of Use, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States, the European Union, or any other country; (e) any claim for damages that arise as a result of any User Submission that you provide to The Company; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.

Access and Interference

If you have trouble using our website with certain web browsers or other software or if you want to let us know how we can improve accessibility, please contact us at: Support@Shoutworks.com . We appreciate your feedback and your suggestions will help us to improve our Website.

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission.

Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Website.

Termination

You or we may suspend or terminate your account or your use of our Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms and Conditions of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Other Terms

These Terms and Conditions of Use and the Privacy Policy (which includes details on our approach to cookies) constitute the entire agreement between you – the user and The Company in relation to your use of the Website and supersede all prior agreements and arrangements between us in relation to your use of the Website.

If any provision or part of these Terms and Conditions of Use is or is found to be illegal, invalid or unenforceable, the legality, validity and enforceability of all of the other provisions and parts of these Terms and Conditions of Use will not be impaired.

No failure or delay by The Company in exercising or enforcing any right, power or remedy which arises under these Terms and Conditions of Use shall operate as a waiver of that or any other right, power or remedy. No waiver by The Company shall be effective unless in writing and signed by an authorized representative of The Company.

Our Contact Details

If you have any queries, comments or complaints regarding the Website or these Terms and Conditions of Use or our Privacy Policy, please get in touch. You can write to us at: Support@Shoutworks.com.

Additional Terms of Use and Privacy Policy

Last updated: 15 December 2019

Thank you for visiting our website/Application Page, plugins, and other services. We continue and strengthen our commitment to provide adequate protection of any personal information you give us. The present updated version of our Privacy Policy is intended to comply with the requirements of the General Data Protection Regulation (GDPR), effective from 25.05.2018.

Given that this Privacy Policy is an integral part of the Terms and Conditions of Use, please read them above. The Website may use 5cookies under the terms and conditions described below in the Cookies Policy.

Who are we?

The Company is a registered Corporation in the state of Virginia with mailing address at PO Box 1523, Culpeper, VA 22701. Our contact details for the purposes of this Policy are as follows: Mr. Lee Allen, email address: Support@Shoutworks.com.

Why do we need you to read our Privacy Policy?

Please, take time to read the following Privacy Policy carefully. It highlights a number of questions, including what personal information we may collect through our website and the purposes for which we process it, as well as whom we share it with.

By using the Website or other Services or application page(s) (the “Website”), irrespective of whether you are just visiting it to make yourself familiar with us and our activity, use our services, subscribe to our periodic newsletters, or send us a message by completing the contact form, send us email messages, you share information which may contain personal data.

In the course of performing some of the above actions, you may be required to provide certain personal information, such as name, address, mobile number, e-mail, business information, web URLs, project team member information, etc. You are entitled to choose whether or not to provide us with your personal data. In the event you decide not to share them with us, we will not be able to process your information, contact you and/or assist you with information.

We reserve the right to amend and update this Policy from time to time. In such cases, the current version will always be available on our Website and, when necessary, you will be notified about this in due form (e.g. by email). The date of the last update will be indicated at the top of the Privacy Policy.

Please note that the practices described in this Privacy Policy apply only to information you provide us when using our Website. These terms do not apply to information you have provided on pages maintained by other organizations.

What information do we collect about you?

Information you give us.

This is information that you give us by filling in forms,  sending inquiries, submitting subscription (service signup) information, and messages on our Website, as well as when further interact with us in the course of processing your application, and during the execution and reporting related to the services we provide you. This information may include your identification data, contact details (e-mail address and phone number), financial information, information on your webs site, etc., which may be required for further processing of your data in relation to providing you services (“Services”).

Information we collect about you.

We use Google Analytics service provided by Google Inc., 1600 Amphitheatre Parkway, Mountain View, California 94043, USA (“Google”), which collects and process information about your actual location and other technical information about your visit on our Website. For this purpose, we use “cookies” as described below in this Policy (“Cookies Policy”).

The information collected by Google Analytics includes the Internet protocol (IP) address used to connect your computer or another device to the internet, click stream to, through and from our site (including date and time), page interaction information (such as scrolling, clicks, and mouse overs). Google Analytics use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide Google with information on nearby devices, Wi-Fi access points and power supply. This information will be transferred to a Google server in the United States where it will be saved and analyzed. The relevant results will be provided to us in an anonymous form. In this process, the collected data will not be associated with your full IP address. We have enabled the IP anonymization function offered by Google on our website so that the last 8 bits (IPv4 type) or the last 80 bits (IPv6 type) of your IP address will be deleted. In addition, Google is a certified US Privacy Shield organization in the relations between the EU and the USA (EU-U.S. Privacy Shield) that guarantees an adequate level of data protection in the United States. You can withdraw your consent at any time by downloading and installing the suggested browser, or by managing your consent in the box of opt-out cookies. Both options prevent web analytics only if you use the browser on which you have installed this plug-in or if you do not delete the refusal cookie. For more information check Google Terms of Use and Privacy Policy. Please refer back constantly to Google website for any changes or updates to these terms and to the information collected by Google Analytics.

How we collect and use your information?

In general, you can browse the Website without submitting your personal information. However, there are circumstances in which you may be required to provide us with your personal data.

We collect your personal data in the following cases:

  • When subscribing and/or signing up for our Services, including to send you our confirmation emails;
  • When you subscribe to receive our e-newsletters in order to be able to send it to you until you unsubscribe;
  • When you participate in a survey, study, discussion panel for the purposes of The Company conduct and results analysis;
  • When you register for and participate in our programs, activities, initiatives and events for the purpose of conducting them;
  • When you have requested to receive information or assistance by filling in our contact form to send you a personalized reply;
  • When you reply to our support related questions  in the process of processing your subscription for services and/or answering your questions;
  • When you participate in communities, virtual chat rooms, and use other interactive services in order to administer our Services;
  • In connection with the verification of the information you provide to verify your identity and prevent violation of the Terms and Conditions of use;
  • In the course of our communication regarding projects, initiatives, events and other activities published on the Website;
  • When making comments or giving us additional information in a section of the Website that allows it; and
  • In relation to any section of the Website where you deliberately and voluntarily provide personal information and data.

When using your profile in social media platforms like LinkedIn, Twitter, Facebook, Instagram etc., we have the right to process the personal data, which you have made visible on your profile.

Briefly, we process your  personal information and data for the following purposes:

  • Responding to your inquiries;
  • Processing your requests/subscriptions/s gnups for our services and communicating with you;
  • Sending our confirmation email/ form, as well as for  subsequent processing of the data for the purpose of entering into, implementing and reporting of a Service agreement;
  • Sending information about the various features on our Website or news about The Company;
  • Notifying you of any updates of our policies;
  • Personalizing the communication with you;
  • Sending newsletters, letters, invitations to events as well as information about programs, initiatives, activities and projects by e-mail or otherwise; For registration for an event or participation in a program;
  • Optimizing and improving our initiatives and activities;
  • Research and development of our activity and/or Services;
  • Editorial purposes in respect of publications related to The Company’s activities;
  • Detecting, investigating and preventing actions that may be in violation of our policies or are illegal;
  • Developing new programs and or Services.

What is the basis for processing of your personal data?

  • Contractual and pre contractual obligation (performance of an agreement) – firstly, your personal data is necessary for taking steps upon your request preceding the conclusion of a Services agreement, as well as for the conclusion and implementation of such agreement.
  • Compliance with a legal obligation – the processing of your data is necessary for us to comply with the obligations imposed by the applicable laws, for example, for financial and accounting purposes.
  • Performance of a task carried out in the public interest – in many cases our Services and the related data processing activities are based on the need to perform a task in the public interest.
  • Your consent – we rely on your consent to send you our periodic newsletters and to inform you about and involve you in various initiatives of The Company, including but not limited to trainings, education programs, conferences, seminars and other events related to our projects and programs; to share your data with our partners and to notify you of any changes in our organization and activity.
  • Legitimate interests – your personal data are also needed for the purposes of our legitimate interests as a training, education and/or research which is governed by certain internal and external principles and values. Our activity is subject to internal and external audit. In addition, we need your personal data in order to prevent possible misuse of the potential and real allocated funds. In order to follow our overall objective and its supporting strategies, we need to promote and evaluate the results of each and every service and user. Given the limitations on the processing of personal data, safeguards and protection measures applied by us, The Company, after an analysis, has come to the conclusion that when processing your data is based on our or third party’s legitimate interests, your interests, fundamental rights and freedoms are adequately and sufficiently protected. You can contact us at any time by using the contact details listed above to request more information on how we have come to this conclusion for the different types of processing.

How long do we retain your information and what are the criteria?

We store your data only for the term necessary for the specific purpose for which data are collected, or for the periods prescribed by applicable laws. If you subscribe to our Services or other related training, and/or education, your personal data will be retained for a period of time according to The Company’s internal policies regarding the conclusion, implementation and reporting of activities related the Service, program and/or other related agreements.

Who do we share your personal information with?

The Company is committed to apply the highest standards of ethical and legal practices in all its activities, including the protection of the personal data of all users of the Website and/or Services. Except in the cases provided below, we will not disclose, nor allow any person outside The Company to access or use your personal information.

We may share your personal data with: (i) partners and service providers of The Company for the purposes of implementing a contract, incl. for improvement and optimization of our Website; (II) partners of The Company in collaborative initiatives, co-organizers of events, trainings, education programs, and other activities; (III) third parties when required by law. These data recipients are legally or contractually obliged to protect the confidentiality and security of your personal information and data. They are not authorized to use, disclose or modify this information in any way except for the purposes of performing the services assigned by The Company.

We have the right to disclose  your personal data and information to the competent authorities in the cases and under the conditions set forth in the applicable laws.

How and where do we transfer your personal data?

The Company may transfer data to its partners, contractors, service providers established within and outside the EU which are committed by virtue of a contract with us to support The Company in its activities and in complying with the principles described in this Privacy Policy. The non EU countries concerned may not provide the same level of protection of personal data as your country. In such cases, The Company will ensure that personal data are adequately protected by data recipients in these countries. Adequate protection usually means imposing on the receiving party contractual obligations that ensure that this party maintains the same high level of privacy and data protection  that is maintained by The Company.

In the absence of appropriate safeguards, the data transfer may be carried out due to the need of implementation of pre contractual measures taken upon your request, performance of a contract between you and The Company, as well as for the purposes of conclusion and/or performance of a contract between The Company and a third party concluded in your interest. In some cases, data transfer may be required for important reasons of public interest.

What are your rights?

Right of access and right of rectification

You have the right to receive information about what personal data of yours are being processed by The Company, about the data source and the purposes of The Company use, and about the third parties recipients of the data. You are entitled at any time to request rectification of inaccurate or incomplete data. If the request is evidently unreasonable or excessive, especially for its repetitive nature, The Company may refuse to take actions.

Right of data erasure (“right to be forgotten”)

You are entitled to request the erasure of your personal data in specific circumstances, e.g. (i) personal data are no longer required for the purposes for which they were collected, (ii) the consent on which data processing is based is withdrawn and there are no legal grounds for further processing, (iii) the processing is unlawful, or (iv) the erasure is required for the purposes of fulfilment of a legal obligation, applicable to The Company. We may disregard your request, if processing is necessary for other purposes, including public interest. The right of erasure is not absolute and your request may not be satisfied in cases where the processing of your data is necessary for The Company to comply with a legal obligation applicable to it, for the performance of a task in public interest, to establish, exercise or protect legal claims.

You can contact us at the contact details listed above to get more information about deleting your personal information.

Right to object

You have the right to object to the processing of your personal data for the performance of a task in public interest, for the legitimate interests of The Company, including against profiling. However, even if you object to a particular processing, we may proceed with it, if is permitted or required by the applicable laws, for example, in order to be able to meet legal requirements or fulfil our contractual obligations to you.

Right to restriction of processing

You may request the processing of personal data to be restricted if (i) you believe your personal data is inaccurate in order for us to verify its accuracy; or (ii) you consider the processing to be unlawful, but you do not want the data to be erased, or (iii) you have objected to data processing for the purposes of our legitimate interests, or (iv) you consider we no longer need your personal data, but you require them to establish, exercise or protect legal claims.

Right of consent withdrawal

If at any time you have given your consent to the processing of your personal data, you may withdraw this consent for future processing to which this consent refers.

In case you want to withdraw your consent for receiving our newsletters or other material, please select the “unsubscribe” option in the email. Please note that the withdrawal of consent does not affect the lawfulness of processing of your personal data on another valid legal basis and lawfulness of the processing on the basis of the consent given before withdrawal.

Right of data portability

In certain cases, you are entitled to receive your personal data you have provided to us in a structured, commonly used and machine readable format, and you might request that we transmit this data directly to another data controller when technically possible. This right does not apply to the processing necessary for the performance of a task in public interest.

Right to lodge a complaint

If you consider that your personal data processing is in violation of the legal requirements, you have the right to lodge a complaint with the competent supervisory authority. You can use any reasonable means for individuals who reside in your country of residence. If you are an EU resident you may use the following link to find the competent authority in the EU Member State of your habitual residence, place of work or place of the alleged infringement:

https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm

It is recommended that you address your claims to The Company first in order to get a quicker and more effective solution to the problem.

What to do if you want to exercise your rights or contact us for more information?

In order to exercise your rights, you may submit a request to the above listed email address.

If you would like to receive additional information or have any complaints about the way we use your personal information, you can use our contact details listed above.

Cookies Policy

The Company uses cookies (including in the services provided by Google Analytics as described in the “Information we collect about you” section above) to obtain certain user information on how and when certain sections of our Website are viewed and the number of people that have visited them. You can set your browser to refuse, remove or block cookies or indicate to you when a cookie is generated without affecting the use of most features on the Website. For more information about cookies, please visit:
www.allaboutcookies.org.