Terms of Use

May 10, 2023

Terms of Use

Effective date: 5/6/2025

Welcome to Evocalize. Please read on to learn the rules and restrictions that govern your use of our products and services, including the Platform (a defined herein) (collectively, the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at [support@evocalize.com].

These Terms of Use (the “Terms”) are a binding contract between you and EVOCALIZE, INC. (“Evocalize,” “we” and “us”). These Terms include the provisions in this document as well as those in the Privacy Policy and any other policies that may be provided to you at the time you use the Services. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which, if applicable are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with such Additional Terms.

Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

What are the basics of using Evocalize?

Evocalize operates a collaborative marketing platform (the “Platform”) that enables users to create, run and analyze local digital marketing programs (“Marketing Programs”). Marketing Programs will run on third-party media properties, including properties operated by Meta, Alphabet and TikTok (“Publishing Properties”). In order to access the Platform, you will be required to sign up for an account, and select a password and user name (“Evocalize User ID”), and provide us with certain information or data, such as your contact information, your business name and your general industry. Users may be either Hosts or Guests (each as defined herein).

You represent and warrant that you are an individual of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

You will not share your Evocalize User ID, account or password with anyone, and you must protect the security of your Evocalize User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Evocalize User ID and account.

**

What about Co-Marketing Relationships?**

In some cases, a user of the Services (the “Host”) may elect to launch a collaborative Marketing Programs with a third-party (the “Guest” and such collaborative Marketing Program, the “Co-Marketing Program”)). In such cases, the Host will invite the Guest to use the Services, and the Guest will be provisioned with its own, limited purpose account that are grouped with the same tenant organization as their Host. Guest accounts will have limited functionality and permissions.

Guests will be permitted to:

Approve funding;
View Marketing Program details;
Cancel Co-Marketing Programs;
Access performance metrics for a Co-Marketing Program; and
Receive notifications related to a Co-Marketing Program.

Guests will not be permitted to:

Create new Co-Marketing Programs;
Edit live Co-Marketing Programs; or
Manage payments for Co-Marketing Programs (other than the Guest’s 50% commitment to the applicable Co-Marketing Program(s)).

Hosts will initiate the Guest account creation process by inviting a Guest to join a Co-Marketing Program. The Guest will receive a link to create a Guest account, which may be used to manage Co-Marketing Programs with various Hosts through the Services.

The fees for Co-Marketing Programs will be split evenly between Hosts and Guests such that the Host and the Guest are each responsible for 50% of the fees associated with a Co-Marketing Program. ONCE A GUEST CREATES AN ACCOUNT THROUGH THE SERVICES, THE GUEST AGREES THAT IT SHALL BE BOUND BY THESE TERMS IN ALL RESPECTS, INCLUDING WITH RESPECT TO THE PAYMENT OBLIGATIONS AND PAYMENT MECHANICS SET FORTH HEREIN.

By creating a Guest account, you consent to receiving marketing and promotional communications from Evocalize regarding our products and services, including opportunities to create your own Marketing Programs. You may opt out of such communications at any time through the methods provided in such communications.

By participating in Co-Marketing Programs, you agree that your business profile information may be included in Evocalize’s Co-Marketing network. This network may allow other users of the Services to discover and connect with potential co-marketing partners in their geographical area or industry. You may opt out of inclusion in the Co-Marketing network at any time through your account settings.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we change them in any material way, we will place a notice on our site located at www.evocalize.com, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you start a new Marketing Program or otherwise use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Evocalize takes the privacy of its users very seriously. For the current Evocalize Privacy Policy, please click here.

Children’s Online Privacy Protection Act

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are a child under 13 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@evocalize.com.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Evocalize sends you regarding a Marketing Program that you are running (for example, via email or SMS). You will receive a welcome message and instructions on how to stop receiving messages. By signing up for the Services and providing us with your wireless number, you confirm that you want Evocalize to send you information regarding your account or transactions with us, which may include Evocalize using automated dialing technology to text you at the wireless number you provided. You agree to receive communications from Evocalize.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not use the Services in a manner that:

violates any law, regulation, rule, professional code, code of ethics, codes of conduct or standards, including rules, standards or codes of conduct applicable to realtors or real estate advertising;
contains libelous or defamatory content;
constitutes a deceptive trade practice under applicable law (such as misrepresenting a product or service that is the subject of a Marketing Program);
is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
violates the security of any computer network, or cracks any passwords or security encryption codes;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; or
is for benchmarking, competitive analysis or otherwise for the purpose of developing or operating a competing product or service.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

What are my rights in the Services?

As between Evocalize and you, Evocalize retains all right, title and interest in and to the Services and all intellectual property rights embodied therein or related thereto. Subject to your compliance with these Terms, you have the limited right to use the Services for your internal use.

What about my Content?

User Content

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Content”. User Content may include photographs, marketing copy, branding assets, and other content related to products and services that are being marketed by you through a Marketing Program, including any of the foregoing created by us at your direction or created by you through the Services. Some User Content, including any User Content being published in connection with a Marketing Program, may be viewable by others. You are solely responsible for your User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations.

You agree that you will not upload or transmit through the Services any User Content that: (i) infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography; (iii) contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; (iv) exploits minors; (v) depicts unlawful acts or extreme violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violates any law.

For the purpose of clarity, by paying us to publish and distribute an advertisement prepared by us for you, you are approving the publishing of such advertisement by us on your behalf. You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any User Content or that you own such User Content. You represent and warrant that the advertisement prepared by us for you will comply with all applicable laws, rules, and regulations. In the case of User Content that is an advertisement for a particular piece of real estate, you represent and warrant that you are the broker, or an agent to the broker, for such real estate. You hereby acknowledge and agree that we shall, at all times, possess the right to refuse to include and/or to cause the removal of any or all of your User Content for any reason and at our sole discretion.

Licenses

In order to display your User Content in connection with a Marketing Program, you hereby do and shall grant Evocalize a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to display, perform, and distribute your User Content for the purpose of making that User Content available on the specified Publisher Properties, as well as all other rights reasonably necessary to run the Marketing Program, including the right to modify, truncate, reproduce, distribute, and prepare derivative works of your User Content, in each case as reasonably necessary to run the Marketing Program.

You understand and agree that Evocalize, in performing the required technical steps to run a Marketing Program or otherwise provide the Services to you may need to make changes to your User Content to conform and adapt those User Content to the technical requirements of connection networks, devices, services, or media (including Publisher Properties), and the foregoing licenses include the rights to do so.

What about my data?

The Services may allow you to ingest certain data from third-party sources, including your CRM systems, outreach automation tools and third-party databases and to use such data to inform marketing decisions. In addition, the Services may provide you with certain reporting tools that will display marketing results, KPI indicators and other analytics information related to your Marketing Programs. All of the foregoing is referred to as “User Data.” Your User Data is confidential to you, and Evocalize will not use it except as reasonably necessary to provide the Services to you. In addition, Evocalize will not disclose your User Data to any third-party except at your instruction or to Evocalize’s personnel, vendors and partners who reasonably need to access your User Data in order to provide you with the Services and who are subject to confidentiality obligations with respect to your User Data. Notwithstanding the foregoing, we may disclose your User Data in order to comply with law enforcement, court orders, or the legal process. Evocalize may use aggregated User Data on an anonymized, de-identified, basis for purposes of developing, improving, and marketing the Evocalize Platform or other Evocalize products or services.

What if I see something on the Services that infringes my copyright?

We respect others’ intellectual property rights, and we reserve the right to delete or disable User Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.

What about Publisher Properties and other third-party websites or services?

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Evocalize, including your CRM systems and other business applications (“Third Party Services”). When you access Third Party Services, you accept that there are risks in doing so, and that Evocalize is not responsible for such risks. Evocalize has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Evocalize will not and cannot monitor, verify, censor or edit the content of any Third Party Services. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of the Third Party Services that you visit or utilize.

In order to run a Marketing Program, Evocalize relies on the applicable Publisher Property to publish and run your Marketing Program. Evocalize does not control the Publisher Properties and is not responsible for any act or omission of the Publisher Properties, including any failure to run your Marketing Program in the manner intended. If a Publisher Property fails to run your Marketing Program, we will use commercially reasonable efforts to obtain a refund from the Publisher Property on your behalf, but we cannot guarantee that such refunds will be issued. In addition, Publisher Properties may have certain requirements and restrictions regarding the format and substance of your Marketing Program and related content and marketing assets. We will seek to inform you of any such requirements and restrictions, but we will not be responsible if your Marketing Program is rejected or taken down by a Publisher Property because it fails to adhere to such requirements or restrictions.

Will Evocalize ever change the Services?

We’re always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. We reserve the right to remove any User Content at any time, for any reason (including, but not limited to, if someone alleges you contributed that User Content in violation of these Terms), in our sole discretion, and without notice.

Do the Services cost anything?

Payments. Your use of the Services is free, but you will be charged if you choose to run a Marketing Program through the Services. The cost of running a Marketing Program will be communicated to you when you elect to run such Marketing Program. Please note that any payment terms presented to you in the process of configuring or running a Marketing Program are deemed part of these Terms. The pricing will include the charge assessed by the applicable Publisher Property, the charges assessed by Evocalize and any other charges or fees associated with your Marketing Program (e.g., charges for Shutterstock images and other add-on features or products). Some Marketing Programs may be recurring, in which case you authorize us to charge you the applicable fees upon each recurrence of the applicable Marketing Program. You may elect to cancel a Marketing Program prior to its scheduled conclusion, in which case you will be entitled to a refund in the amount communicated to you at the time you make such cancellation. Such refunds will be determined, in part, by the refund policies and procedures of the applicable Publisher Property. We may, from time to time, issue promotional codes or other incentives or discounts for use of the Services. All such incentives or discounts will be subject to the terms communicated to you at the time of issuance (including with respect to the expiration of such incentives and discounts). As described in “What About Co-Marketing Relationships?” above, the fees for Co-Marketing Programs will be split evenly between Hosts and Guests.
Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By running a Marketing Program through the Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect in accordance with the applicable pricing, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment. You agree to provide and maintain accurate information regarding your Payment Method at all times.

What if I want to stop using the Services?

You’re free to do that at any time by contacting us at support@evocalize.com. Please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. You may also terminate a specific Marketing Program, but please refer to the Payments section above regarding your ability to receive refunds in connection with such termination.

Evocalize is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Evocalize has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any User Content associated with your account, so keep that in mind before you decide to terminate your account.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.

Can I refer other users?

From time to time Evocalize may offer rewards or incentives for referring others to the Services. The referring user (“Referrer”) may refer individuals or entities who are neither current customers of Evocalize nor registered users of the Services (“Referee”). A Referrer is a person or entity that already has an existing account with Evocalize. Referrer will receive the stated reward or incentive for each Referee sent by the Referrer that completes the required action described in that specific offer (such as signing up for an account or making a purchase). All Referees must be first-time recipients of the offer, and multiple referrals to the same individual or entity will be disregarded. Evocalize reserves the right to modify or terminate any special offers at any time and to revoke from Referrer and Referee the special offer at Evocalize’s discretion for any reason or for no reason whatsoever. All special offers are subject to any other terms, conditions and restrictions set forth on the Services or presented in connection with the special offer.

What else do I need to know?

Warranty Disclaimer.
Evocalize and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Evocalize and all such parties together, the “Evocalize Parties”) make no representations or warranties concerning the Services, and the Evocalize Parties will not be responsible or liable any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. WITHOUT LIMITING THE FOREGOING, WE DO NOT MAKE ANY GUARANTEE OF INCREASED LEADS OR REVENUE AS A RESULT OF YOUR USE OF THE SERVICES OR RUNNING MARKETING PROGRAMS THROUGH THE SERVICES. WE DO NOT REPRESENT THAT ANY NUMBER OF ADVERTISING VIEWS WILL BE ACHIEVED IN CONNECTION WITH A MARKETING PROGRAM. THE SERVICES ARE PROVIDED BY EVOCALIZE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE EVOCALIZE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO EVOCALIZE IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity. You agree to indemnify and hold the Evocalize Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any claims relating to (a) any allegation that your User Content (including any branding assets) infringes, misappropriates or otherwise violates any third-party’s intellectual property rights or (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Evocalize’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Texas, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement_._ Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with Evocalize and limits the manner in which you can seek relief from Evocalize. Both you and Evocalize acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Evocalize’s officers, directors, employees and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.

(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in Travis County, Texas. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

(b) Costs of Arbitration. The Rules will govern payment of all arbitration fees. Evocalize will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. Evocalize will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

(c) Small Claims Court; Infringement. Either you or Evocalize may assert claims, if they qualify, in small claims court in Travis County, Texas or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

(d) Waiver of Jury Trial. YOU AND EVOCALIZE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Evocalize are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Evocalize over whether to vacate or enforce an arbitration award, YOU AND EVOCALIZE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Evocalize is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.

(f) Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: [PHYSICAL ADDRESS] postmarked within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms’ arbitration agreement.

(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Evocalize to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and Evocalize agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, Travis County, Texas, or the federal district in which that county falls.

(h) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This arbitration agreement will survive the termination of your relationship with Evocalize.

Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Evocalize may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Evocalize agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Evocalize, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Evocalize, and you do not have any authority of any kind to bind Evocalize in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and Evocalize agree there are no third-party beneficiaries intended under these Terms.