Terms and Conditions

CALL DECK EULA

PLEASE READ CAREFULLY THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT (THE 'EULA' or 'TERMS AND CONDITIONS' or 'AGREEMENT') BEFORE USING WEBSITE LOCATED AT HTTP://WWW.CALLDECK.NET ('CALL DECK WEBSITE') PROVIDED BY FLATZAP, LLC. (DBA 'CALL DECK' OR 'WE'). THIS IS A LEGAL AGREEMENT BETWEEN CALL DECK AND YOU ('YOU' OR 'YOUR'). THIS EULA GOVERNS YOUR ACCESS TO AND USE OF THE CALL DECK WEBSITE. In the event there is a contradiction between this EULA and the Call Deck Privacy Policy, the Call Deck Privacy Policy will control.

Call Deck is willing to license the Call Deck Website to you only on the condition that you accept all the terms contained in this EULA. By using the Call Deck Website, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.

If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, 'you' and 'your' will refer and apply to that entity. If you do not accept this EULA in its entirety, then Call Deck is unwilling to license the Call Deck Website to you and you may not access or use the Call Deck Website. Any use of the Call Deck Website by you under these circumstances will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.

1. Modification of These Terms

Call Deck reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Call Deck materially modifies this EULA it will post the updated EULA in the 'Info Menu' of the Call Deck Website. Call Deck will also update the 'Last Updated Date' at the end of this Agreement. By continuing to use the Call Deck Website after Call Deck has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Call Deck Website. This Agreement will also govern any Website upgrades and/or updates provided by Call Deck that upgrade and/or supplement the Call Deck Website, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.

2. The Call Deck Website and Third Party Software

1. Call Deck provides a platform that allows third parties to customize the Call Deck Website ('Publishers' ). The Call Deck Website may include database indexing and other features. Such installed search features are further detailed in section 3 below. In addition, the use of the Call Deck Website may enable Call Deck to access, use and collect a variety of information, both personal and non-personal, regarding your usage of the Call Deck Website, and information about your mobile device (additional information is further detailed in section 3 below).
2. The Publisher customization of the Call Deck Website may take the form of adding data, information, links, web pages, images, software and code, text, photos, audio or video sounds, and/or visual works and components to the Call Deck Website (collectively 'Third Party Software'), and then distributing it to you in the form of (the 'Customized Software'). Call Deck does not have control of and does not take any responsibility for anything a Publisher adds to the Call Deck Website, which may include without limitation all data provided by the Publisher and stored on Call Deck computers. Third Party Software is the responsibility of the Publishers and not Call Deck. Some Third Party Software and/or Customized Software may contain Cookies or other tracking mechanisms. As used herein 'Cookie' means a small piece of information that is placed on your device's Browser while you are viewing a Website or using the Call Deck Website, the Customized Software and/or the Third Party Software. Some of the Third Party Software may pop-up on the screen of your computer. Some of the data stored in this storage space may include your personal information. Please review the policies of the Third Party's and/or Publishers for information about their practices.
3. Third Party Software will have their own terms and conditions and privacy policies and we urge you to review them prior to using them as your use of such Third Party Software is subject to these terms and conditions and privacy policies. Third Party Software is not owned by Call Deck. Call Deck is not responsible for any Third Party Software and you acknowledge that Third Party Software may be modified or removed by its respective content owners at any time. You assume all responsibility and risk of use of any Third Party Software and Call Deck hereby disclaims any and all liability to you or any third party related thereto. Call Deck does not have any obligation to examine or scan Third Party Software, for any purpose, and is not responsible for the accuracy, completeness, appropriateness or legality of any Third Party Software. The fact that a Third Party Software is available via the Call Deck Website or otherwise is not an endorsement, authorization or representation of Call Deck's affiliation with any third party, nor is it an endorsement of such Third Party Software and you hereby waive any legal or equitable rights or remedies you have or may have against Call Deck with respect thereto.

3. License to Software and Use

1. Conditioned upon your compliance with the terms and conditions of this EULA, Call Deck hereby grants to you a limited, reversible, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to use the Call Deck Website, solely for your personal use. Call Deck reserves all rights in the Call Deck Website not expressly granted to you in this EULA.
2. With respect to any Third Party Software that may be incorporated with or into any Call Deck Website, you acknowledge and agree that your use of such Third Party Software shall also be subject to its respective usage and privacy terms.

By using the Call Deck Website, you agree you have approved without limitation, the following:

1. Allowing the Call Deck Website software to send automated email messages.
2. Allowing the Call Deck to send email notifications (which you must explicitly and separately opt out to stop).
3. Allowing Call Deck access to location-based information (which you must explicitly and separately opt out to stop).
4. Allowing Call Deck access to information contained on your Social Network account (which you must explicitly and separately opt in to).
5. Allowing Call Deck business account holders to contact Publishers by email.
6. You may not use the Call Deck Website in any manner that could: (i) damage, disable, overburden, or impair the Call Deck Website (or any server or networks connected to any the Call Deck Website), or (ii) interfere with any third party's use and/or enjoyment of the Call Deck Website (or any server or networks connected to the Call Deck Website).
7. Call Deck does not have control of and does not take any responsibility for anything You add to the Call Deck Website, which may include without limitation all data provided by You and stored on Call Deck computers.

4. License Restrictions

1. Except as expressly specified in this EULA, you may not: (a) copy or modify the Call Deck Website; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Call Deck Website to any third party; or (c) use the Call Deck Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA. You acknowledge and agree that portions of the Call Deck Website, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Call Deck and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Call Deck Website provided in object code or any other Call Deck products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
2. Any Open Source Software that may be accompanying the Call Deck Website is provided to you under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein 'Open Source Software' mean open source software components provided with the Call Deck Website that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the Call Deck Website. This EULA does not apply to any Open Source Software accompanying the Call Deck Website and Call Deck hereby disclaims any and all liability to you or any third party related thereto.

5. Updates; Additional Services; Tests

1. The Call Deck Website may install updates, from time to time. These updates are designed to improve, enhance and further develop the Call Deck Website and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
2. Further, you agree that by using the Call Deck Website you may periodically send technical data and related information to Call Deck to facilitate the provision of updates, product support and other services to you, if any, related to the Call Deck Website. Such information may include, but is not limited to, technical information or personal preferences about your computer or device (whether mobile device or other), and/or internet Browser and/or system. Additionally, you agree Call Deck may conduct A/B testing and change the look and feel of the Call Deck Website or add additional features in order to improve your experience with the Call Deck Website.
3. Your only recourse if you are unhappy with any of the modifications to the Call Deck Website is to cancel your account and stop using the Call Deck Website.

6. Proprietary Rights

1. The Call Deck Website is licensed, not sold to you. You acknowledge and understand that Call Deck owns all right, title and interest in and to the Software, including without limitation all intellectual property rights therein. The Call Deck Website is protected by United States (and other countries) copyright, trademark, other statutory and common law and international treaties. You will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on the Call Deck Website as delivered to you.
2. All rights in the Third Party Software, including all ownership rights are reserved and remain with such third parties. You agree that such third parties may enforce their rights against you directly in their own name. Call Deck is not liable for your failure to comply with any applicable local, state, national and foreign laws, treaties and regulations or any contracts, rules, policies or procedures applicable to your use of any Third Party Software.

7. Privacy and Legal Rights

1. The Call Deck Privacy Policy (available at info under the menu settings within the Call Deck Website) which contains information about Call Deck's data protection policies and explains how Call Deck accesses, collects, uses and/or shares information that is generated by your use of the Customized Software. You consent to Call Deck's use of your data in accordance with Call Deck's Privacy Policy.
2. If search is available in your Call Deck Website, please note that Call Deck collects search query information. Such search query information could be used to serve relevant ads to you and/or to monitor the performance of the search services.
3. Call Deck prohibits the violation of a user's privacy rights and the distribution of materials that are illegal, infringing or may be deemed offensive by Call Deck, in its sole discretion, as part of this Call Deck EULA. If you believe that your legal or privacy right has been violated while using the Customized Software or Third Party Software, Call Deck encourages you to report such matters to Call Deck at your earliest convenience at privacy@mycalldeck.com. Call Deck will, at its discretion, examine your complaint and take commercially reasonable efforts to attempt to resolve the issue as part of Call Deck's commitment to providing a positive user experience.

8. Your Obligations

1. You hereby acknowledge and agree to only use the Call Deck Website as permitted in this EULA.
2. You agree to comply with all applicable laws, rules and regulations when using the Call Deck Website. You will not use the Call Deck Website to infringe anyone's rights, including, without limitation, any intellectual property rights of any person or entity.
3. You agree that you are solely responsible for (and that Call Deck has no responsibility to you or to any third party) your use of the Call Deck Website, any breach of your obligations under the EULA, and for the consequences (including any loss or damage which Call Deck may suffer) of any such breach.

9. No Obligation

Call Deck is not obligated to maintain or support the Call Deck Website, or to provide you with updates, fixes, or services related thereto. You understand that during and/or by using the Customized Software, you may encounter Third Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Call Deck Website at your own risk and that Call Deck shall not have any liability to you with respect to such content.

10. Government Users

Any use, duplication, or disclosure of the Customized Software by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is FlatZap, LLC.

11. Export Laws

1. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Call Deck Website nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. Furthermore, you agree you will not export nor re-export the Customized Software nor any technical data related thereto nor any direct product thereof to any US embargoed country.
2. By using the Call Deck Website, you further represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a 'terrorist supporting' country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

12. Disclaimer of Warranties

In addition to the limitations of Call Deck's liability expressly contained in this Agreement, Call Deck further disclaims any warranty related to acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof and your use of any Third Party Software. THE CALL DECK WEBSITE IS PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTY OF ANY KIND. CALL DECK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CALL DECK OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. CALL DECK DOES NOT REPRESENT OR WARRANT THAT: (I) THE CALL DECK WEBSITE OR ANY THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE CALL DECK WEBSITE OR ANY THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE CALL DECK WEBSITE, ANY THIRD PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE CALL IN

CLAIM WEBSITE OR ANY THIRD PARTY SOFTWARE AND CALL DECK AND CALL DECK'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. CALL DECK MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE CALL DECK WEBSITE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE CALL DECK WEBSITE OR THE THIRD PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE CALL DECK WEBSITE IS TO UNINSTALL AND CEASE USE OF THE CUSTOMIZED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

IN NO EVENT WILL CALL DECK, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE 'CALL DECK GROUP') AND CALL DECK'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE CALL DECK WEBSITE OR ANY THIRD PARTY WEBSITE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT CALL DECK OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL CALL DECK'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE CALL DECK WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

14. Indemnification

To the maximum extent permitted by law, You agree to defend, indemnify and hold the Call Deck Group harmless from and against any and all claims, suites, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the Customized Software, including your downloading, installation, or use of the Customized Software, or your violation of this EULA.

15. Term and Termination

Your license to use the Call Deck Website under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing the use the Call Deck Website. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Sections 2, 3, 4, 6 through 12, 14 and 16 shall survive the termination of this EULA.

16. Miscellaneous

(a) This EULA and all the policies referenced herein constitute the entire agreement between Call Deck and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Call Deck. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of Indiana, without regard to its conflicts of laws provisions. All actions relating to this EULA and the call Deck Website shall be brought in the competent court in the State of Indiana. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that Call Deck will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Call Deck reserves the right, at our discretion, to update or revise this EULA. (f) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (g) You may not assign your rights under this EULA to any party without Call Deck's consent. (h) If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. (i) Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and Call Deck, and you do not have any authority to create any obligation or make any representation on Call Deck's behalf. (j) If you have any questions about the Call Deck Website, please email your question to support@calldeck.net.

17. Third Party Beneficiaries

Please note that when accessing the Call Deck Website you may also be subject to the terms of use of other third parties. You acknowledge that third party marketplaces may be third party beneficiaries of this EULA and upon your acceptance of this EULA such stores or marketplaces may have the right to enforce this EULA against you as a third party beneficiary . You further acknowledge and agree that such parties are not parties to this EULA other than as third party beneficiaries and are not responsible for providing maintenance and support services with respect to the Software.

18. Software Questions, Comments, and Contact Information

If you have any questions, complaints and/or claims, you may contact Call Deck at: FlatZap, LLC. 12175 Visionary Way, Fishers, IN 46038 E-mail: support@calldeck.net Website: www.calldeck.net