Callwell Terms of Use

Your permission to use the Site is conditioned upon the following use, posting, and conduct restrictions: You agree that you will not, under any circumstances:

• Access the Service for any reason other than professional or personal use as permitted by the normal functionality of the Service;
• Collect or harvest any personal data of any user of the Site or the Service;
• Use the Site or the Service for the solicitation of business outside the scope of the Service's intended professional utility;
• Distribute any part or parts of the Site or the Service without our explicit written permission;
• Use the Service for any unlawful purpose or for the promotion of illegal activities;
• Attempt to, or harass, abuse, or harm another person or group;
• Use another user's account without permission or intentionally allow another user to access your account;
• Provide false or inaccurate information when registering an account;
• Interfere or attempt to interfere with the proper functioning of the Service;
• Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose an unreasonable load on our servers;
• Bypass any robot exclusion headers or use any software to scrape, spider, or crawl the Service or harvest data;
• Circumvent, disable, or otherwise interfere with any security-related features of the Service; or
• Publish or link to malicious content of any sort intended to damage another user's browser or computer.

When you create your own account, you may provide communication data, text, or files ("User Content") to the Service. You are solely responsible for the User Content that you post, upload, link to, or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.

By transmitting and submitting any User Content while using the Service, you agree as follows:

• You are solely responsible for your account and the activity that occurs while signed in;
• You will not post information that is malicious, libelous, false, or inaccurate;
• You will not post any information that is abusive, threatening, obscene, or otherwise offensive;
• You retain all ownership rights in your User Content, but you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, and perform that Content in connection with the provision of the Service;
• You will not submit content that is copyrighted or subject to third-party proprietary rights unless you are the owner or have appropriate permission; and
• You agree that we have the right to determine whether your User Content submissions are appropriate, remove any submissions, and terminate your account with or without notice.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content is solely your responsibility. The Site does not pre-screen or monitor all User Content, but at our discretion, we may monitor and/or record your interactions with the Service.

Opinions, advice, statements, or other information made available through the Service, but not directly by the Site, are those of their respective authors and should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site, nor do we endorse the reliability of any opinion or statement made by other parties. Under no circumstances will we be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service.

We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Service or to limit or deny a user's access if a user violates these Terms. The Company shall have the right to remove any material that, in its sole opinion, violates the law or this agreement. If you become aware of a misuse of our Service, please contact us at hello@callwell.us.

(a) Termination of Repeat Infringer Accounts. We respect intellectual property rights. Pursuant to 17 U.S.C. 512(i), we have implemented a policy that provides for the termination of users who are found repeatedly to provide or post protected third-party content without the necessary rights.

(b) DMCA Take-Down Notices. If you believe materials on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512) to our designated copyright agent including:

1. The date of notification;
2. A physical or electronic signature;
3. A description of the copyrighted work;
4. Information to locate the infringing material;
5. Contact information;
6. A good faith belief statement; and
7. A statement of accuracy under penalty of perjury.

(c) Counter-Notices. If you believe your content was removed by mistake, you may send a counter-notice containing your signature, content description, a statement of good faith belief, and your contact info with consent to federal court jurisdiction.

The Service is provided "as is," without warranty of any kind. We expressly disclaim all warranties, whether express, implied or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, and accuracy. We make no representation that access to the Service will be uninterrupted or error free.

To the extent permitted by applicable law, in no event shall the Site, its affiliates, or employees be liable to you for any loss of profits, use, or data, or for any incidental, indirect, or consequential damages resulting from your use of the Service, whether based on warranty, contract, tort or any other legal theory.

If you have a dispute with one or more users, you release us from claims, demands and damages of every kind, known and unknown, arising out of such disputes. If you are a California resident, you waive California Civil Code §1542.

If any part of this agreement is found unenforceable, the remaining portions will remain in full force. Failure to enforce any provision is not a waiver. Any cause of action related to your relationship with the Company must commence within ONE year after the cause of action accrues; otherwise, it is permanently barred.

These Terms of Use are governed by the federal laws of the USA and the laws of the State of Delaware, without regard to conflict of law provisions. We may assign these Terms at any time. You may not assign your rights without our prior written consent.