Terms of Use

As the developer of portions of the software and the provider of the services accessible through this site ("Services"), ShoutPoint, Inc. and as the reseller of these Services, Message Ninja, (jointly, "Company") wants to ensure that all users of the Services are fully aware of, and abide by, all applicable laws and regulations relating to such use. Among numerous features, portions of the Services are capable of delivering artificial or prerecorded voice messages. Please review the following and direct any questions to the relevant reseller or an attorney before continuing. Continuing and using the Services constitutes an acknowledgement that these Terms of Use have been read and fully understood and the knowing agreement to abide by their requirements.

Awareness of Certain Laws. Prior to using this site or the Services, "You" (i.e., each end user, sales agent, reseller, or other party accessing the site) shall be fully aware of the relevant laws and regulations potentially affecting all of uses You intend to make of the Services. Without in any way limiting the general nature of the Representations and Warranties set forth below or the covenant in the preceding sentence, You agree that You are aware of the substance and requirements of the laws and regulations contained on the following websites, as well as any similar state laws potentially applicable to use of the Services by You:

Representations and Warranties. You represent and warrant that (i) You have all rights, power and authority to be bound by these Terms of Use and to perform the obligations required hereunder; (ii) nothing contained herein places You in breach with any other contract or obligation; and (iii) You are, and at all times shall remain, in full compliance with all applicable laws and regulations; including, without limitation, those concerning privacy, telemarketing and internet marketing, and otherwise relating to your use of the Services (including, without limitation, the Telemarketing Sales Rule ("TSR") and the Telephone Consumer Protection Act ("TCPA").

Indemnification. You shall indemnify and hold harmless Company and Company's affiliated entities, officers, directors, employees, and agents, and shall defend, including covering all expenses, and pay the cost of any damages, settlement, judgment or award (including reasonable attorneys' fees and all related costs) arising out of, or in connection with, any actual or threatened claim, suit, action or proceeding by any person or authority arising out of the violation of any representation, warranty or covenant contained herein by You, or any use by You, any account affiliated with You, or anyone else using login information associated with or assigned to You, to access the site or utilize the Services. If You fail to promptly investigate and defend or settle any claim of which You are notified by the Company or its affiliated entities, officers, directors, employees or agents, then Company has the right to take sole control over defense of the claim and all negotiations for its settlement or compromise, and You shall pay, as they become due, all of the reasonable costs and expenses (including reasonable attorneys' fees and related costs) incurred by Company in defending or negotiating settlement of the claim, and You shall fully satisfy any related settlement, award, or judgment.

Governing Law and Venue. These Terms of Use shall be construed and governed by the laws of the State of California excluding its conflicts of law provisions. If a dispute arises out of these Terms of Use, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred in connection with such action. The parties agree on behalf of themselves and any persons claiming by or through them that the sole location and venue for any litigation or other action that may arise hereunder shall be in an appropriate federal or state court in Orange County, California.