MyRollCall, LLC

Terms and Conditions

PLEASE READ THESE ENTIRE MYROLLCALL, LLC TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) AND INDICATE WHETHER YOU AGREE TO THESE TERMS AND CONDITIONS BY CLICKING THE “CONFIRM” BUTTON.

THESE TERMS AND CONDITIONS DEFINE THE RELATIONSHIP BETWEEN MYROLLCALL, LLC AND ITS AFFILIATES AND SUBSIDIARIES (“MYROLLCALL” OR “WE” OR “US”) AND YOU, THE PERSON ACCESSING THE MYROLLCALL WEBSITE LOCATED AT WWW.MYROLLCALL.COM (THE “SITE”) AND/OR DOWNLOADING OUR APPLICATION (DEFINED BELOW) AND/OR REGISTERING FOR OUR SERVICES (“YOU” OR “YOUR”). IF YOU ARE ACCEPTING THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY, ORGANIZATION, GOVERNMENT, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO DO SO. IF YOU CANNOT CONFIRM THE FOREGOING, THEN YOU MUST NOT AGREE TO THESE TERMS AND CONDITIONS AND MAY NOT USE THE SITE, THE APPLICATION OR SERVICES. YOU MAY USE THE SERVICES, SITE, AND APPLICATION ONLY IN COMPLIANCE WITH THESE TERMS AND CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS.

Who We Are.

MyRollCall.

MyRollCall is a ticketing and registration platform. Through our platform, Application, and Services, we enable alumni and charity organizations to create and register for events, collect payments for event sales and donations, direct disbursements to event suppliers and vendors, direct reimbursements to members of the organization, accept donations, and maintain a cash balance associated with the organization’s account.

The Services.

MyRollCall’s websites and domains, including www.MyRollCall.com, and all of the webpages, subdomains, and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, including without limitation, the MyRollCall app (the “Application”) are offered, maintained and provided by MyRollCall. We refer to all of these as our “Services.”

Users.

Through the Services, MyRollCall provides a simple and quick means for registered users who are alumni and other charitable organizations (“Organizers”) to create event registration, organizer profile, fundraising and other webpages related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organizers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”

Contracting Party.

The Services are being provided to you by, and you are entering into these Terms and Conditions with, MyRollCall, LLC, a Texas limited liability company, with its principal place of business at:

MyRollCall, LLC
3508 Far West Blvd Ste 100
Austin, TX 78731

Listing Service and Limited Agent.

MyRollCall is not the organizer or owner of the events listed for sale or registration on the Services. MyRollCall provides the Services, which allow Organizers to list and promote their events, but all sales are made by the respective Organizer listed on the applicable event page. It is the Organizer’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.

Your Acceptance.

Binding Agreement.

You agree to these Terms and Conditions and you enter into a binding contract with MyRollCall either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or if you are an unregistered Attendee, when you purchase a ticket to or register for an event (including free events) or purchase merchandise or a service or make a donation related to an event, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons. If you are not a registered MyRollCall user or an unregistered Attendee, you agree to these Terms and Conditions and you enter into a binding contract with MyRollCall by downloading Application or using, accessing or browsing any part of the Services. If you do not agree to any portion of these Terms and Conditions, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms and Conditions on behalf of that entity and its affiliates and you represent that you have the legal authority to enter into these Terms and Conditions on behalf of such entity. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms and Conditions, do not use or access the Services.

THESE TERMS AND CONDITIONS INCLUDE (A) AN ARBITRATION PROVISION; (B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST MYROLLCALL; (C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF MYROLLCALL; (D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF MYROLLCALL; AND (E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST MYROLLCALL ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

We may amend these Terms and Conditions at any time by posting the revised Terms and Conditions on the Site and Application. We may terminate these Terms and Conditions at any time by suspending or terminating access to the Site, Application and/or Services and/or notifying you. You can see when these Terms and Conditions were last revised by referring to the “Effective Date” legend in the E-Sign Agreement, above. Your continued use of the Site, Application or Services after we have posted revised Terms and Conditions signifies your acceptance of such revised Terms and Conditions. No amendment or modification of these Terms and Conditions will be binding unless in writing and signed by our duly authorized representative or posted to the Site and Application by our duly authorized representative.

Our Terms and Conditions.

Terms and Conditions Agreement.

In addition to the Sections below, these Terms and Conditions include and incorporate by reference the MyRollCall Privacy Policy, which is available here: Privacy Policy and any additional terms and conditions that are displayed along with additional Services that you may use or purchase from time to time. If you use the Services in any way, these Terms and Conditions apply to you without modification.

Your Use of the Services.

The Services.

MyRollCall hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable (in accordance with Section 17 of these Terms and Conditions), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or (b) if you are an Organizer, creating event registration, organizer profile, fundraising and other webpages with respect to, and promoting, managing, tracking, collecting sales proceeds for, and directing disbursements related to, an event, in each case (i) in compliance with these Terms and Conditions; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

Application.

You may access and use the Services through our Application. For clarity, any access to or use of the Services via the Application and the Application itself shall be deemed to be part of the Services and subject to these Terms and Conditions. This right to access and use the Application may be revoked in accordance with Section 17 and MyRollCall may discontinue or modify the Application as set forth in Section 15 below.

Payments.

Fees.

Creating an account, listing an event and accessing the Services is free. We charge our fees only when you sell or buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that MyRollCall charges to Organizers. These fees may vary based on individual agreements between MyRollCall and certain Organizers. Organizers ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by MyRollCall to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by MyRollCall, but may in some cases include an element of profit and in some cases include an element of loss. MyRollCall does not control (and thus cannot disclose) fees levied by your bank and/or credit card company. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees and credit card surcharges.

MyRollCall may receive commissions from third parties for venues, event services, and other products and services that MyRollCall may offer to MyRollCall Users.

Refunds.

Because all transactions are between an Organizer and its respective Attendees, MyRollCall asks that all Attendees contact the applicable Organizer of their event with any refund requests. You can obtain help with getting a refund by emailing MyRollCall at info@myrollcall.com. Organizers agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with the refund policy requirements contained in this Section. In the event that an Organizer has not responded to a refund request within two (2) business days or there is a dispute between an Organizer and an Attendee that cannot be resolved, either party may contact MyRollCall. MyRollCall may, in its discretion, attempt to mediate such dispute, however, MyRollCall will have no liability for (a) an Organizer’s failure to give refunds; (b) MyRollCall’s failure to mediate a dispute; or (c) MyRollCall’s decision if it does mediate the dispute.

The following refund policy requirements will be applicable when and if you use the Services to create, promote and/or collect sales proceeds for a paid event.

We understand that refund policies vary depending on the type of event and the Organizer. Because of that, we provide flexibility for Organizers to post their own policies with respect to their events, so long as they meet the following minimum requirements:

  • Refund policies must be posted on the applicable event page;
  • “No refund” policies are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements;
  • Refund policies (including “no refund” policies) must provide for a refund or other make good for complete failure to provide the advertised goods and services (e.g., event cancellation);
  • Refund policies must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations;
  • Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;
  • Refund policies may not be changed with respect to purchases made prior to the date of such change and its posting to the applicable event page;
  • Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and
  • Refund policies must otherwise be fair and reasonable.

If a refund policy is not posted or does not meet these minimum requirements set forth above, MyRollCall may (but has no obligation to) modify such refund policy such that it meets these minimum requirements. Such modification may take the form of prospectively making changes to the actual refund policy on the applicable event page or retroactively applying such changes at the time of a dispute, chargeback and/or refund request.

Refund Process.

In order to initiate a refund request, an Attendee should contact an Organizer directly as set forth in the applicable refund policy. If no contact information is listed, the Attendee should use the contact the organizer button on the event page or such other information posted on the event page. Organizer agrees to administer its refund policy in accordance with the terms set forth on the applicable event page and the minimum requirements set forth above.

MyRollCall Review.

In the event that Organizer fails to honor a refund that an Attendee believes is due under the applicable refund policy and/or the minimum requirements set forth above, that Attendee may request that MyRollCall initiate a refund by contacting us. MyRollCall will review the facts and circumstances and determine whether or not a refund is due in accordance with the applicable refund policy and the minimum requirements set forth above. MyRollCall will endeavor to complete its review within thirty (30) days of being contacted by Attendee. Attendees should note that if an Organizer has selected a facilitated payment method such as PayPal® for an event, MyRollCall will not have control of the funds and MyRollCall will need the provider of the facilitated payment method to cooperate in order to obtain a refund, which may not happen. All determinations of MyRollCall with respect to these Attendee Refund Policy Requirements, including without limitation the orders to be refunded and the size of any refund, shall be final and binding on both Organizer and Attendee.

No Insurance/No Guarantee.

These Attendee Refund Policy Requirements are not intended to be and do not constitute an offer to insure the performance of or to guarantee the performance of any Organizer and are not a guarantee that refunds will be issued in any given situation.

Payment Data.

MyRollCall will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.

Email.

Email Tools.

MyRollCall may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:

  • you have all right and authority necessary to send emails to the addresses on your recipient list, including without limitation, that such addresses were gathered on an opt-in basis in any jurisdiction where that is required by applicable local, state, provincial, national or other law, rule or regulation, and your emailing of such addresses complies with the privacy policy under which the recipient emails were gathered and which was disclosed to recipients at the time of gathering;
  • your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
  • your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;
  • your use of the Email Tools and the content of your emails complies with Section 9.1 of these Terms and Conditions;
  • you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
  • you will identify the email message as an advertisement or commercial in nature;
  • you will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that MyRollCall includes on every email; and
  • you will not email any person that you know or have reason to know has opted out of receiving emails from you.

Remedies.

If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards, or if your emails are found to cause disruption to the Services, MyRollCall may, among other actions, limit or suspend your access to the Email Tools.

Account, Password, Security, Mobile Device Operating System.

Registration.

As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that MyRollCall shall be the sole arbiter of such dispute in its discretion and that MyRollCall’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

Security.

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify MyRollCall of any unauthorized use of your password or account or any other breach of security.

Age Restrictions.

MyRollCall is concerned about the safety and privacy of children. For this reason, and to be consistent with the Terms and Conditions of any third-party service providers used by MyRollCall, you must be at least 13 years of age to use the Services. If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

Compatible Mobile Device Operating System; Mobile Devices Generally.

In order to use the Application, you must have a compatible mobile device operating system that meets the specifications established by MyRollCall in its sole discretion, as described in the E-Sign Agreement. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer’s or mobile service provider’s software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. “jailbreaking”), is not a compatible device with the Application for purposes of these Terms and Conditions. The use of any modified mobile device with the Services or Application is a violation of these Terms and Conditions and is grounds for the immediate termination of your Services by MyRollCall without notice to you in MyRollCall’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace (e.g., Apple, Inc., or Google, Inc. (Android)), and these Terms and Conditions do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving MyRollCall; Apple, Inc.; Google, Inc. (Android); or any other operator of an app store or marketplace. You must comply with applicable third-party terms when using the Services (e.g., you cannot be in violation of your wireless provider agreement when using the Services.)

Content.

Site Content.

You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by MyRollCall in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. MyRollCall may own the Site Content or portions of the Site Content may be made available to MyRollCall through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of MyRollCall and is protected by copyright laws. Except as expressly authorized by MyRollCall in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site Content only for purposes that are permitted by these Terms and Conditions and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to MyRollCall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including MyRollCall’s promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, MyRollCall does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms and Conditions will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms and Conditions, including without limitation these Terms and Conditions and the Privacy Policy. In addition, Your Content must be accurate and truthful. MyRollCall reserves the right to remove any of Your Content from the Services at any time if MyRollCall believes in its discretion that it violates the Terms and Conditions, including without limitation, these Terms and Conditions. In addition, you agree that MyRollCall may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of MyRollCall both on the Services and in marketing, advertising and promotional materials.

Certain Remedial Rights.

You acknowledge that MyRollCall does not pre-screen Your Content or the Content of any other User in connection with the Services, but that MyRollCall and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms and Conditions, including without limitation, these Terms and Conditions. If we believe that Your Content could be changed so as to not violate the Terms and Conditions, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that MyRollCall may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms and Conditions, including without limitation, these Terms and Conditions; and/or (d) protect the rights, property and/or personal safety of MyRollCall, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

Feedback & Revisions.

You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to MyRollCall by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by MyRollCall or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of MyRollCall. All Feedback and Revisions become the sole and exclusive property of MyRollCall and MyRollCall may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to MyRollCall any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of MyRollCall. At MyRollCall’s request, you will execute any document, registration or filing required to give effect to these provisions.

Third-Party Content.

All information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), relating to an event on the Services is posted by third-party event organizers, attendees or other parties and not by MyRollCall (collectively, “Third-Party Content”). However, MyRollCall takes intellectual property rights seriously. For that reason, we have created a simple process to deal with complaints of alleged infringement of third-party trademark rights and copyrights by Third-Party Content posted on the Services. This process covers copyrights (e.g., written text, photographs, sound recordings and video clips) and trademarks/ servicemarks (e.g., logos, slogans and names identifying a good or service).

Application.

The following policy sets forth the process by which any third party who believes that their trademark and/ or copyrights are being infringed by Third-party Content may have such Content removed from the Services.

Getting Allegedly Infringing Content Removed.

If you believe in good faith that any Third-party Content made available in connection with the Services infringes your copyright or trademark rights, you (or your agent) may send us a takedown notice requesting that the Content be removed, or access to it be blocked. Such takedown notices need to contain the following information in order for MyRollCall to be able to take action:

  • Information reasonably sufficient to permit MyRollCall to contact you (i.e., name and address, telephone number and/or email address);
  • Sufficient information to identify the copyrighted works or trademarks that are allegedly being infringed, including registration number and registration office if applicable;
  • Sufficient information to identify the allegedly infringing material that is to be removed and its Internet location (i.e., URL address);
  • A statement that you have a good faith belief that the use of the material is not authorized by the owner, its agent or the law;
  • A statement of the accuracy of the takedown notice, and under penalty of perjury, a statement that you are the owner of the allegedly infringed material or you are authorized to act on behalf of such owner; and
  • A physical or electronic signature of the person submitting the takedown notice.

The simplest and most efficient way to submit a written takedown notice is by reporting the infringement to our Trust and Safety Team, which is our DMCA/Trademark Agent, at info@myrollcall.com. Filing this notice is the fastest method for reporting alleged copyright and/or trademark infringement.

Liability.

Please note that by submitting a takedown notice, you agree that MyRollCall may provide copies of such takedown notice to the alleged infringer and that the information in such takedown notice is subject to MyRollCall’s Privacy Policy. In addition, you will be liable for any damages (including costs and attorneys’ fees) incurred by MyRollCall or the alleged infringer in the event you knowingly and materially misrepresent that Third-party Content is infringing (taking into consideration copyright defenses (such as fair use) and exceptions). If you are unsure whether the material you are reporting is infringing, you should contact an attorney before filing a takedown notice. MyRollCall cannot provide you with legal advice as to whether or not you are entitled to file a takedown notice.

Takedown.

Upon receiving a valid and fully completed takedown notice, MyRollCall expeditiously removes or disables access to the allegedly infringing material and notifies the alleged infringing party.

Getting Content Reposted That Is Not Infringing.

Note that if your material has been removed by MyRollCall from the Services, the fastest way to get your material reposted is to remove the portions of your material that are allegedly infringing as specified in the takedown notice. However, if you cannot or will not remove the allegedly infringing material and you have a good faith belief that the material was removed or access was disabled by mistake or misidentification, you may send a written counter notice to MyRollCall. Such counter notices need to contain the following information in order for MyRollCall to be able to take action:

  • Information reasonably sufficient to permit MyRollCall to contact you (i.e., name and address, telephone number and/or email address);
  • Sufficient information to identify the material that has been removed or to which access has been disabled and its location before removal (i.e., URL address);
  • A statement under penalty of perjury that you have the good faith belief that the material was removed or access to the material was disabled by mistake or misidentification;
  • A statement that you are the account holder of the account to which the takedown notice relates or an authorized representative of such account holder;
  • A statement that you consent to jurisdiction of the federal district court in which your address is located, or if you reside outside the United States, for any judicial district in which MyRollCall may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person; and
  • A physical or electronic signature of you or your authorized representative (i.e., an agent).

The simplest and most efficient way to submit a written counter notice is reporting the notice to our Trust and Safety Team, which is our DMCA/Trademark Agent, at info@myrollcall.com. Filing this form is the fastest method to have your dispute reviewed. As a member of the MyRollCall community, we ask that you only submit counter notices for materials that you believe (in good faith) that you are entitled to use. Please note that by submitting a counter notice, you agree that MyRollCall may provide copies of the counter notice to the complaining party and that the information in such counter notice is subject to MyRollCall’s Privacy Policy. Please also note that there may be statutory periods that MyRollCall must wait and certain inactions on the part of the complaining party for MyRollCall to be able to repost the allegedly infringing material.

Notice Address.

If you do not wish to fill out and submit the electronic forms above, takedown notices and counter notices must be submitted in writing to the address below, which is the address of our agent for purposes of the Digital Millennium Copyright Act.

MyRollCall, LLC
3508 Far West Blvd Ste 100
Austin, TX 78731
Telephone: (512) 553-6410
By Email: info@myrollcall.com

Conduct.

Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • harm minors in any way;
  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with MyRollCall’s Raffles, Contests and Sweepstakes Guidelines;
  • impersonate any person or entity, including, but not limited to, a MyRollCall representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;
  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;
  • upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms and Conditions (including without limitation these Terms and Conditions and the API Terms and Conditions available here);
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • attempt to probe, scan or test the vulnerability of any MyRollCall server or network or breach any security or authentication measures, unless you are an authorized contractor of MyRollCall specifically engaged to provide such services;
  • attempt to avoid or circumvent any technological measure implemented by MyRollCall to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
  • solicit any User to use a third-party service that competes with MyRollCall;
  • advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
  • intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
  • resell tickets or registrations;
  • collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
  • collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining MyRollCall’s prior written consent; or
  • stalk or otherwise harass any person or entity.

Sub-domains.

MyRollCall may provide you with the right to use a sub-domain within the Site for a given event. All such sub-domains are the sole property of MyRollCall and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event MyRollCall provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms and Conditions, including without limitation, these Terms and Conditions. If MyRollCall terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

Additional Services.

Generally.

MyRollCall may, upon request, and for such fees as MyRollCall may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Application, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms and Conditions, including without limitation, these Terms and Conditions. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of MyRollCall, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

Touch ID.

MyRollCall may offer the option to log into the MyRollCall Application using Touch ID. You can turn this feature on or off via the settings menu within the MyRollCall Application. Fingerprints are stored on your device only, and neither MyRollCall nor any of its affiliates ever see your fingerprint information. Your session token and PIN are securely stored in an encrypted format in your device’s Apple iOS Keychain. You acknowledge that by enabling Touch ID, you will allow anyone who has a fingerprint stored on your device access to your Account on the MyRollCall Application. We caution you against storing the fingerprints of others on your device. If you do, please make sure the individuals who have fingerprints stored on your device should be authorized to access the personal and payment information available through the MyRollCall Application and email us immediately if you believe that your device has been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization. MyRollCall reserves the right to suspend or disable this feature at any time. Touch ID can only be associated with one MyRollCall user ID at a time on a device. For information on how Apple protects your fingerprint and Keychain data, please see Apple’s Privacy Policy and iOS security guides.

Service Modifications.

We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to MyRollCall as you use the Services, there would be no refund of fees already due following any such change to the Services.

Links.

Third-Party Websites.

The Services may provide, or Users may provide, links to other Internet websites or resources. Because MyRollCall has no control over such websites and resources, you acknowledge and agree that MyRollCall is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with MyRollCall partners or third-party service providers.

Linked Accounts.

As part of the Services you may be able to link an account you have with a third-party service, such as a social media website. By linking such third-party account, you agree that MyRollCall may access, make available to and store any Content that you have provided to and stored in such third-party account so that it is available on or through the Services. Such content may include personally identifiable information.

Privacy; Customer Information.

Privacy Policy.

All information provided by Users or collected by MyRollCall in connection with the Services, including your personal information, is governed by MyRollCall’s Privacy Policy, which is available at Privacy Policy

The Privacy Policy is incorporated into these Terms and Conditions by reference. By entering into these Terms and Conditions, you represent that you have read, understood and accepted MyRollCall’ Privacy Policy.

You also represent and agree that you have read, understood and accepted the following:

Co-Ownership.

MyRollCall follows a “co-ownership model” with respect to Attendee Information (as defined below). This means that all Attendee Information inputted by an Attendee on event pages posted by an Organizer on the Services will be shared with the applicable Organizer and may also be used by MyRollCall in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable Attendee. Note that Payment Data (as defined below) will not be shared with Organizers. Each Attendee acknowledges and agrees to this sharing and understands and agrees that each Organizer is solely responsible for the use of Attendee Information that was provided to such Organizer through the Services and that MyRollCall is responsible only for its own use of Attendee Information. Each Organizer represents, warrants and agrees that (a) it will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to Attendee Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to Attendee Information; and (c) upon a request of a given Attendee or as permitted in Section 8.3 of these Terms and Conditions, MyRollCall is authorized at its discretion to delete or anonymize Attendee Information of a requesting Attendee from the Services at which time it will no longer be available to Organizer through the Services or will no longer be linked to an identifiable Attendee through the Services. However, Attendees should note that Attendee Information may still be available in the Organizer’s own databases if transmitted prior to MyRollCall receiving the underlying request. For purposes of this Section, “Attendee Information” means information about a given Attendee made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests, credit card type, last 4 credit card digits and phone numbers, but excluding Payment Data.

Modifications.

Except to the extent set forth in Section 27 below, MyRollCall reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms and Conditions (or any of the agreements that make up these Terms and Conditions) at any time (collectively, “Modifications”). Modifications to these Terms and Conditions will be posted to the MyRollCall website with a change to the “Effective” date at the top of these Terms and Conditions. In certain circumstances MyRollCall may provide you with additional notice of such Modifications, via email or with in-Service notifications. It is your responsibility to check these Terms and Conditions periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms and Conditions constitutes acceptance of those Modifications as well. If any Modification to these Terms and Conditions is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms and Conditions may only be modified in writing, signed by you and an authorized officer of MyRollCall.

Language.

We may translate these Terms and Conditions (or any of the agreements that make up these Terms and Conditions) into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.

Term; Termination.

Term.

These Terms and Conditions are effective upon your Acceptance as set forth under Section 2 above and continue in effect until terminated.

Termination by MyRollCall.

Except to the extent we have agreed otherwise in writing between you and an authorized officer of MyRollCall, MyRollCall may terminate your right to use the Services at any time for (a) your violation or breach of these Terms and Conditions; (b) your misuse or abuse of the Services; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose MyRollCall to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that MyRollCall shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.

Termination by You.

Except to the extent you have agreed otherwise in writing between you and an authorized officer of MyRollCall, you may terminate your access to the Services and these Terms and Conditions by deleting your account. If you need help deleting your account, please contact us. In the event there is a separate agreement between you and MyRollCall governing your use of the Services and that agreement terminates or expires, these Terms and Conditions (as unmodified by such agreement) shall govern your use of the Services unless and until you delete your account.

Survival of Terms.

All provisions of these Terms and Conditions that by their nature should survive termination of these Terms and Conditions shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

Indemnification.

You agree to defend, indemnify and hold MyRollCall, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of: (a) your breach of these Terms and Conditions; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Organizers, your events or the fact that MyRollCall was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of MyRollCall’s gross negligence or willful misconduct. MyRollCall shall provide notice to you of any such Claim, provided that the failure or delay by MyRollCall in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.

Disclaimer of Warranties.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MYROLLCALL HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BY WAY OF EXAMPLE, MYROLLCALL MAKES NO WARRANTY THAT (A) THE SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT MYROLLCALL HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING ATTENDEES’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING ATTENDEES AND ORGANIZERS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION AND MYROLLCALL IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND MYROLLCALL HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTIES.

NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, MYROLLCALL, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, AND EMPLOYEES, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS AND CONDITIONS, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYROLLCALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (C) ANY OF YOUR CONTENT (AS DEFINED IN THE TERMS AND CONDITIONS) OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES, OR (D) ANY MATTERS BEYOND MYROLLCALL’S REASONABLE CONTROL. IN ADDITION, OTHER THAN THE OBLIGATION OF MYROLLCALL TO PAY OUT EVENT REGISTRATION FEES TO CERTAIN ORGANIZERS, THE MAXIMUM AGGREGATE LIABILITY OF MYROLLCALL, ITS PAYMENT PROCESSING PARTNERS, AND LICENSORS FOR ALL DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO, ARISING OUT OF OR RELATED TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS AND CONDITIONS, SHALL BE LIMITED TO (I) FOR ORGANIZERS OF EVENTS WITH PAID TICKETS OR REGISTRATIONS, THE FEES THAT YOU PAID US IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; AND (II) FOR ORGANIZERS OF EVENTS WITH FREE TICKETS ONLY, ATTENDEES AND OTHER USERS, EITHER (1) THE TOTAL AMOUNT OF ALL TICKETS OR REGISTRATIONS THAT YOU PURCHASED OR MADE THROUGH THE SERVICES IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE CIRCUMSTANCES GIVING RISE TO YOUR CLAIM; OR (2) IF YOU MADE NO SUCH PURCHASES, ONE HUNDRED U.S. DOLLARS (US $100).

NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Release.

MyRollCall provides a marketplace in which Attendees and Organizers can transact. However, MyRollCall could not function if it were held responsible for the actions or inactions of different Attendees, Organizers and/or third parties both on and off the Services. Therefore, as an inducement to MyRollCall permitting you to access and use the Services, you hereby agree to release MyRollCall, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

Trademarks.

The trademarks, service marks and logos of MyRollCall (the “MyRollCall Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of MyRollCall. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with MyRollCall Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of MyRollCall specific for each such use. The Trademarks may not be used to disparage MyRollCall, any third party or MyRollCall’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless MyRollCall approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any MyRollCall Trademark shall inure to MyRollCall’s benefit.

Patents; Copyrights.

A number of issued patents and patents pending apply to the Services. The Content (as defined in the Terms and Conditions) of the Services is also protected by copyrights owned by MyRollCall and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.

Notices.

Notices to you may be sent via either email or regular mail to the address in MyRollCall’s records. The Services may also provide notices of changes to these Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact MyRollCall or deliver any notice, you can do so as follows:

MyRollCall, LLC
3508 Far West Blvd Ste 100,
Austin, TX 78731

Email: info@myrollcall.com

Entire Agreement.

These Terms and Conditions constitute the entire agreement between you and MyRollCall and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and MyRollCall on the subject matter hereof.

Choice of Law.

Except as set forth in Section 27 below, these Terms and Conditions and the provision of the Services to you are governed by the laws of the state of Texas, U.S.A., without reference to principles of conflict of laws.

BINDING ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS AND CONDITIONS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED ONCE THIS SECTION IS EFFECTIVE.

Contact Us First.

If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.

Agreement to Arbitrate.

In the unlikely event that our customer support team is unable to resolve your concerns, we each hereby agree to resolve any and all disputes or claims under these Terms and Conditions or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms and Conditions. This arbitration provision shall survive termination of these Terms and Conditions. These Terms and Conditions evidence a transaction in interstate commerce and the interpretation and enforcement of this Section is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 26 below.

Scope of Agreement.

This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and Conditions and/or your use of the Services.

Exceptions.

Notwithstanding this agreement to arbitrate, either party may (i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies), and (ii) bring suit in court to seek a preliminary injunction or other interim relief pending the outcome of arbitration.

No Class Actions.

YOU AND MYROLLCALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

Notice of Dispute.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to MyRollCall must be addressed to the address in Section 24 above (“Notice Address”) and must be sent by certified mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with MyRollCall and must be sent by certified mail. If MyRollCall has no records of such physical address, such notice may be delivered to your MyRollCall account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If MyRollCall and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or MyRollCall may commence an arbitration proceeding.

Arbitration Proceedings.

The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section, and will be administered by the AAA and settled by a single arbitrator. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of these Terms and Conditions. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section. Unless MyRollCall and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.

Costs of Arbitration; Legal Fees.

Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules, provided that if you are initiating an arbitration against MyRollCall and the value of the relief sought is ten thousand dollars ($10,000) or less, then MyRollCall will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then MyRollCall will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse MyRollCall for all such cost and expenses that MyRollCall paid and that you would have been obligated to pay under the AAA rules.

Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) MyRollCall will not seek to recover its attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.

Future Changes.

Notwithstanding any provision in these Terms and Conditions to the contrary, you and MyRollCall agree that if MyRollCall makes any future change to this arbitration provision (other than a change to the Notice Address) MyRollCall will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.

Special Severability.

In the event that the provisions of Section 27 above are found to be invalid or unenforceable for any dispute or claim, then, notwithstanding Section 28, the entirety of this Section 27 shall be null and void with respect to such dispute or claim and Section 29 shall apply in lieu of this Section 27.

Waiver; Invalid Provisions.

The failure or delay of MyRollCall to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.

Judicial Forum.

In the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the agreement to arbitrate or for any other reason, then any dispute or claim not subject to arbitration shall be resolved exclusively by a federal court located in Travis County, Texas, and to the extent there is no subject matter jurisdiction in such federal court, then a state court in Austin, Texas. Both you and MyRollCall agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.

Titles.

Any Section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.

Violations.

Please report any violations of these Terms and Conditions by email to info@myrollcall.com.

Assignment.

We may, without your consent or approval, freely assign these Terms and Conditions and our rights and obligations under these Terms and Conditions, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.

Relationship.

No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms and Conditions, except to the extent expressly set forth in Section 1.5 of the Terms and Conditions.

Questions.

Should you have any questions concerning these Terms and Conditions, please contact us at info@myrollcall.com For an online copy of these Terms and Conditions, please go to https://www.myrollcall.com