Welcome to the Loudhailer website (the “Site“) provided by TBM Systems, LLC, d/b/a Loudhailer (which will be referred to herein as either “Loudhailer”, “we”, “us” or “our”). The Site and any related services, modules, functions, software or platforms (collectively, the “Services”) were created by us in order to provide you an efficient and effective way to promote yourself, your brand or your company via our proprietary engagement marketing platform. These Loudhailer Terms & Conditions (the “Terms”) constitute a set of rules by which we operate such Services.
Registration and Access
In order to access the Services, you must first subscribe to use them by providing complete information requested and setting up a username and password. The information provided can be updated at any time by accessing your Loudhailer Account Settings page.
Based on the specific package you choose, you may grant account access to additional users in your organization. and specify the type of access each user shall have as part of the Services. Upon signing into their account and using the Service, all such users shall also become subject to these Terms and each such account user will be responsible for the activity that occurs through their account and information shared.
We urge you to keep your account password secure and to always log-off from the Services when leaving your computer unattended. We strongly recommend notifying us immediately of unauthorized use of your account or of any related security breach by writing to us at [email protected]
How it works
Fees and Billing
Loudhailer is a pay-as-you-go fee structure. You pay for the credits you want and run the campaigns available for those credits. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new payment models, fees, charges or terms effective upon prior notice to customers (which may be sent by email to the address you have most recently provided us).
Ownership of the Services Provided to You
The underlying platforms of the Services are either the proprietary property of Loudhailer or the proprietary property of our licensors or licensees. By utilizing our Services, Loudhailer grants you a personal, revocable, non-assignable, and non-exclusive license to use the Services for the term of the subscription in accordance with the Terms, unless terminated earlier.
“Loudhailer” and other trademarks, slogans, service marks and trade names which appear via the Service are proprietary to Loudhailer. You shall not remove or alter any copyright notice, trademark or other proprietary or restrictive notice or legend affixed to any material provided by Loudhailer. Except as expressly set forth herein, no right, license, or interest to such trademarks are generated or granted hereunder.
As Loudhailer can be used on any website in any country, by using Loudhailer you acknowledge that you are responsible for compliance with any local laws.
LOUDHAILER DOES NOT SPONSOR, ADMINISTER OR ENDORSE THE CONTENT OF ANY PROMOTION DISTRIBUTED THROUGH THE SITE UNLESS OTHERWISE STATED AND IS THEREFORE NOT LIABLE.
Loudhailer may require you to provide personally identifiable information in order to participate in certain promotions. In the event that you choose to provide personally identifiable information, you acknowledge and agree that Loudhailer may use any information you provide consistent with Loudhailer and these Terms of Service.
Technical support is provided to you by Loudhailer via email during regular business hours (i.e. Monday to Friday from Insert time here) by sending your technical inquires to [email protected] Loudhailer shall respond to via email to your support request within a reasonable time-period.
Account Content & Use Of Services
You shall be solely responsible for the information you or any of your authorized users transmit or submit through the Site or the Services. You expressly agree that during your use of the Services and your account content you will not:
Breach of any of the TOS may result in a permanent account ban, or initiate an investigation whereby Loudhailer may ask for more information from you.
Third Party Applications & Reliability
While the primary purpose of the Services is to aggregate third party websites, applications, interfaces and other materials (“Third Party Applications“, e.g. Facebook, Twitter, Telegram), it should be made clear that Loudhailer does not own or control any of these. As Loudhailer serves only as collector of such Third Party Applications for your convenience, it does not in any way endorse, recommend or make any recommendations in relation to any such Third Party Applications. Similarly, while Loudhailer monitors the working condition of the connectors to such Third Party Applications and is committed to resolving any issues that may arise from a third party changing the login procedure of its application, it is not liable, nor can it be held responsible, for any changes or the inoperability of such Third Party Applications, whether temporary or permanent.
Loudhailer also assumes no responsibility for the content, guidelines, privacy policies, or practices of any third party and by using the Services you expressly relieve Loudhailer from any and all liability arising from your use of any Third Party Applications.
Right to Shut Down, Deny or Limit Access, Remove Content
Loudhailer reserves the right to suspend or terminate your account at any time and for any or no reason at all, at our sole discretion. Accordingly, Loudhailer reserves the right to remove any user content, which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit or revoke your access in full or in part to the Services, in its sole discretion, at any time, and for any reason, including, but not limited to technical difficulties or violation of these Terms.
While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names, will automatically upon submission become the property of Loudhailer, without any compensation to you. While under no obligation to review such submissions or to keep such submissions confidential, Loudhailer may use or redistribute any such submission and its contents for any purpose and in any way it deems.
To provide such submissions or feedback, please email [email protected]
YOU ACKNOWLEDGE, THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT THE SERVICES, THE SITE AND OTHER MATERIALS PROVIDED TO YOU UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” BASIS. USE OF THE SERVICES AND RELIANCE ON THE SITE CONTENT IS DONE SOLELY AT YOUR OWN RISK. Loudhailer DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE, THE SITE, THEIR CONTENT AND OTHER MATERIALS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES PROVIDED WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE OUR SERVICES AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Liabilities and Indemnities
You shall indemnify and save harmless Loudhailer and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever (including reasonable attorneys’ fees) (“Damages”) asserted against, imposed upon or incurred by Loudhailer and/or any of its Related Parties resulting from or arising out of any violation of these Terms by you or arising and related to your use of the Services.
THE CUMULATIVE LIABILITY OF LOUDHAILER FOR ALL CLAIMS RELATING TO THE SITE OR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU FOR THE SERIVICES OR USE OF THE SITE.
LOUDHAILER WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY LOUDHAILER OR ANY THIRD PARTY.
Confidentiality and Privacy
You agree and consent to receive electronically all Communications, that Loudhailer may be willing to communicate to you in connection with your Loudhailer Account and/or use of our Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by Loudhailer. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If this is the case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, Loudhailer may suspend or terminate your use of the Website.
Applicable Law; Arbitration