Copyright Notice

17.1. The Site maintains specific contact information provided below, including an e-mail address, to notify us of any claimed infringement regarding materials posted to this Site. All notices should be addressed to the address below:

CallVivo
Phone: (719) 257-3280
Email: support@callvivo.com

17.2. You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

17.3. In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information:

17.3.1. description of the copyrighted work that is the subject of claimed infringement (if multiple works, a description of the list);
17.3.2. description of the infringing material and information sufficient to permit us to locate the alleged material;
17.3.3. contact information for you, including your address, telephone number and/or e-mail address;
17.3.4. a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law;
17.3.5. a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that You have the authority to enforce the copyrights that are claimed to be infringed; and
17.3.6. a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.

17.4. Failure to include all of the above-listed information in Section 17.3. may result in the delay of the processing of your complaint.

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CONFIDENTIALITY

18.1. From time to time, CallVivo, its Affiliated Parties, or other third parties, may disclose or make available to you information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic or other form or media, whether or not marked, designated, or otherwise identified as “confidential” that is not generally known to the public and that is used, developed, disclosed, whether orally or in writing, or obtained by CallVivo or by you in connection with the use, access, or subscription to the Site, CallVivo’s products and/or services (collectively, “Confidential Information”). Confidential Information shall include, but shall not be limited to, records, software, source code, personal data of its Affiliated Parties, lists, Intellectual Property, as the same may exist in any form from time to time. You shall not disclose any Confidential Information to any person or entity. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you shall first have given written notice to CallVivo and made a reasonable effort to obtain a protective order; or (ii) to establish your rights under these Terms, including to make required court filings. When making disclosures of such Confidential Information as permitted under this Section 18.2, you hereby agree that you shall limit the disclosure of Confidential Information to only disclose information that is necessary to comply with an order of a court or other governmental body, and shall notify CallVivo of any such disclosures using the contact details provided under Section 9.2 of these Terms.

18.2. On the expiration or termination of all agreements between you and CallVivo, you shall promptly return to CallVivo all copies, whether in written, electronic, or other form or media, of CallVivo’s Confidential Information, or destroy all such copies and certify in writing to CallVivo that such Confidential Information has been destroyed.

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DISCLAIMER OF WARRANTIES

19.1. EXCEPT WHERE OTHERWISE PROHIBITED BY LAW, THE SITE, CALLVIVO’S PRODUCTS, AND ALL CONTENT PRESENTED ON THE SITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, PERFORMANCE, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS SITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE SITE OR ANY OF CALLVIVO’S PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE SITE OR CALLVIVO’S PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY OF CALLVIVO’S PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SITE OR CALLVIVO’S PRODUCTS WILL BE CORRECTED, OR (F) CALLVIVO’S PRODUCTS, THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF CALLVIVO’S PRODUCTS AND THE SITE. CALLVIVO DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS OBTAINED WITH CALLVIVO’S PRODUCTS OR SERVICES.

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DISCLAIMER OF LIABILITIES

20.1. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL CALLVIVO OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, PARTNERS, PRINCIPALS, AGENTS, ASSIGNS, AFFILIATED ENTITIES, AFFILIATED PARTIES, SUCCESSORS, ASSIGNORS, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, ACCOUNTANTS, ATTORNEYS AND/OR OTHER AGENTS AND REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ENHANCED, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS OR SERVICES, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT OR SERVICE, REGARDLESS OF WHETHER CALLVIVO HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, OR INABILITY TO USE THE PRODUCTS, SITE OR SERVICES, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEMUNITION OR LOSS OF BUSINESS OPPORTUNITY, INCREASED COST, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF DATA, BREACH OF DATA (TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW), ERRORS, FLAWS, DEFECTS, BUGS, VIRUSES WITHIN THE PRODUCTS OR SITE, DAMAGES OR LOSSES SUFFERED RELATED TO CALLVIVO’S OBLIGATIONS UNDER THESE TERMS OR ANY OTHER AGREEMENT, OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED UPON CONTRACT, TORT, NEGLIGENCE, WARRANTY. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE EVEN IF THE CALLVIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, CALLVIVO AND/OR ITS AFFILIATED PARTIES ARE FOUND LIABLE UNDER ANY THEORY, CALLVIVO AND/OR ITS AFFILIATED PARTIES’ LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER CALLVIVO WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF CALLVIVO AND/OR ITS AFFILIATED PARTIES TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO CALLVIVO IN CONNECTION WITH ITS PRODUCTS OR SERVICES, IF ANY.

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DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

21.1. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

22.2. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.

21.2. General: Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, CallVivo, or any involved third party relating to your account on the Site, your use of the Site, your relationship with CallVivo (and any agreements between you and CallVivo regarding CallVivo’s products or services and/or the Site), these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of CallVivo’ products, the Site, or CallVivo’s services, and any act or omission by CallVivo, or any third party related to your use or attempted use of the products, the Site, or services. You, CallVivo, or any involved third party may pursue a Claim. CallVivo agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against CallVivo. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

21.3. Exceptions: Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and CallVivo both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. CallVivo will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Florida: (i) an action by CallVivo relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by CallVivo for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida, and forever waive any challenge to said courts’ jurisdiction and venue.

21.4. Required Pre-Dispute Procedures: You and CallVivo acknowledge and agree that before initiating any Claim against the other, you and CallVivo agree to first contact the other with a written description of the dispute using the contact details below, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by email to support@callvivo.com, Attn: Legal Department. CallVivo will contact you by letter at the billing address you provided to us or by email using the email address you provided to us. You agree to negotiate with CallVivo or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Colorado to enforce these Terms or prevent an infringement of our rights, a third party’s rights or our intellectual property rights, as stated in subsection 22.4 above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.

21.5. Commencing Arbitration: You and CallVivo agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

21.6. Arbitration Location: If the amount in controversy is USD 500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Miami-Dade County, Florida unless CallVivo otherwise agrees to arbitrate in another forum requested by you.

21.7. Organization, Rules and the Arbitrator: We each agree that any and all Claims other than those exempted under subsection 22.4 above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection 22.6 above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, this arbitration provision, and any other agreement entered into between you and CallVivo. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or CallVivo.

21.8. Fees: Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than USD 1,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

21.9. Governing Law and Award: The arbitrator shall follow the substantive law of the State of Colorado without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

21.10. Enforceability: This provision survives termination of your account or any relationship with CallVivo, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration clause (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

21.11. Miscellaneous: Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and CallVivo and shall not be modified except in writing by CallVivo.

21.12. Amendments: CallVivo reserves the right to amend this arbitration provision at any time. Your continued use of the Site, subscription to a CallVivo product, or service on or through the Site, or use or attempted use of a CallVivo product, the Site, or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, CallVivo will provide you notice and an opportunity to opt-out. Your continued use of the Site, purchase of a product or service on or through the Site, or use or attempted use of a CallVivo product, the Site, or service, is affirmation of your consent to such material changes.

21.13. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU SUBSCRIBE, USE, OR ATTEMPT TO USE A PRODUCT, THE SITE, OR SERVICE PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY EMAILING US AT SUPPORT@CALLVIVO.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU SUBSCRIBED TO, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST SUBSCRIBED TO, USED OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT. SHOULD EITHER PARTY FILE AN ACTION CONTRARY TO THIS PROVISION, THE OTHER PARTY MAY RECOVER ATTORNEY’S FEES AND COSTS UP TO $1,000.00.

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Indemnification

22.1. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless CallVivo, its Affiliated Parties (including without limitation all affiliated professional entities), affiliated entities, subsidiaries, and their licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any claims, actions, losses, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or any agreement entered into between you and CallVivo in connection with any of CallVivo’s products or services; (2) your breach of any representations or warranties in these Terms or any agreement entered between you and CallVivo in connection with any of CallVivo’s products or services; or (3) your violation of any law or the rights of CallVivo, its Affiliated Parties, and a third-party.

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Force Majeure

23.1. CallVivo and its Affiliated Parties, affiliated entities, subsidiaries, and their licensors, suppliers, representatives, proprietors, partners, servants, agents, predecessors, successors, assigns, accountants, and attorneys affiliated entities, will not be liable to the you for failure to perform any of its obligations as a result of any Force Majeure if and to the extent the Force Majeure is caused by an event or circumstance beyond the reasonable control of the Company which by its nature could not have been foreseen by CallVivo and its Affiliated Parties or if it could have been foreseen was unavoidable.

23.2. “Force Majeure” means any acts of God, sinkholes or subsidence, strikes, lockouts, or other labor disputes, embargoes, quarantines, weather, national, regional, or local disasters, calamities, or catastrophes, failures in technology, issues relating to cybersecurity, inability to obtain labor or materials (or reasonable substitutes therefor) at reasonable costs or failure of, or inability to obtain, utilities necessary for performance, governmental restrictions, orders, limitations, regulations, or controls, national emergencies, delay in issuance or revocation of permits, enemy or hostile governmental action, terrorism, insurrection, riots, civil disturbance or commotion, fire or other casualty, and other causes or events beyond their reasonable control.

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Third-Party Websites and Links

24.1. Our Site or CallVivo’s products may include materials from third-parties or links to third-party websites. CallVivo is not liable for any third-party materials, links, or websites. CallVivo’s products may also be used in conjunction with any services provided by a third party. CallVivo shall not be responsible for, or undertake to conduct due diligence, financial or otherwise, on any third party in connection with using CallVivo’s Site or products. You hereby hold CallVivo and its Affiliated Parties (and any affiliated entities) harmless for any damages or harm resulting from third-party links, materials, and/or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction with a third party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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Testimonials, Reviews, and Other Submissions

25.1. CallVivo is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that any testimonial or product review that you provide CallVivo is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that CallVivo may use testimonials and/or product/service reviews, in whole or in part, together with the name and city/state/country of the person submitting it. You hereby acknowledge and accept that any testimonial(s) you provide may be used for any form of advertising relating to CallVivo’s products or services, in printed and online media, as CallVivo determines in its absolute discretion, and by giving your testimonial to CallVivo, you hereby consent to CallVivo’s use and publication of your name, likeness, city/state/country and any statement made about CallVivo, its products, Site or services. Testimonials represent the unique experience of the customer submitting the testimonial, and do not or will not necessarily reflect the experience that you may have using our products or services.

25.2. Anything that you submit or post to the Site and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions.

25.3. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

25.4. Additionally, CallVivo reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. CallVivo shall be under no obligation to use any, or any part of, any testimonial or product/service review submitted. If you submit a testimonial, you are confirming that you have read, understood and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.

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Electronic Communications

26.1. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

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Assignment

27.1. You may not assign any of your rights under these Terms, and any such attempt will be null and void. CallVivo and its affiliated entities may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of CallVivo’s business is transferred to another entity by way of merger, sale of its assets, or otherwise.

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No Waiver

28.1. No waiver by CallVivo of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CallVivo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

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No Agency Relationship

29.1. No joint venture, partnership, employment, or agency relationship exists between you and CallVivo as a result of your receipt of any CallVivo product, your use of any CallVivo service, or use of the Site.

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Severability

30.1. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

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Termination

31.1. In the event that we terminate this Agreement, Sections 1-32, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.

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Entire Agreement

32.1. These Terms, and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and CallVivo, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

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Questions or Additional Information

If you have any questions regarding your account, any CallVivo product or service, or these Terms, please contact our customer support team by phone, mail, and email at the following:

CallVivo, LLC
Phone: (719) 257-3280
Email: support@callvivo.com

Updated October 1st, 2025