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READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AND KNOW THE FOLLOWING BEFORE USING THE DialDaddy SITE OR SERVICES...
There is a lot of technology between our site and the call recipient's phone or email account. Most of it is beyond our control and as with any complex system... things malfunction and break. Although we do our best, DialDaddy CAN NOT GUARANTEE THAT CALLS OR EMAILS WILL BE COMPLETED. WE WILL NOT BE HELD RESPONSIBLE FOR MISSED CALLS OR THE CONSEQUENCES THEREOF.
YOU ARE GIVING US PERMISSION TO CONTACT YOU by phone, email, text message, sms, mail and any other communications channel that may apply even if you are on removal or do not call lists.
We have a very strict PRIVACY POLICY that states "WE WILL NOT ABUSE YOUR CONTACT INFORMATION. PERIOD. WE WILL NOT SHARE, TRADE OR SELL IT UNLESS YOU ASK US TO. WE WILL ONLY CALL WHEN YOU ASK TO BE CALLED AND EMAIL YOU ONLY TO CONFIRM YOUR CALLS OR WHEN THERE ARE IMPORTANT CHANGES TO THE DialDaddy SERVICE." See http://DialDaddy.com/privacy.html for more information on our Privacy Policy.
DialDaddy TERMS OF USE
1. ACCEPTANCE OF TERMS
By using the DialDaddy.com web site (the "Site") and the DialDaddy call services ("Service" or "Services") you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use the Site or Services. DialDaddy.com ("we" or "DialDaddy") reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
2. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by DialDaddy, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from DialDaddy is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site is strictly prohibited without the express written permission of DialDaddy. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at the address listed at http://DialDaddy.com/contact.html
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Site's registration and payment forms (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or DialDaddy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, DialDaddy shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DialDaddy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DialDaddy cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. TERMINATION
You agree that DialDaddy, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if DialDaddy believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. DialDaddy may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use agreement may be effected without prior notice, and acknowledge and agree that DialDaddy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that DialDaddy shall not be liable to you or any third-party for any termination of your access to the Site or for your loss of any data or information you have stored on the Site. Should you decide to cancel your account, you may do so by contacting us at the address posted on the Site. Any unused credits or funds in your account shall be refunded between 30 to 60 days of cancellation by check.
6. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DialDaddy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
7. LINKS
The Site may provide, or third parties may provide, links to other World Wide Web Sites or resources. Because DialDaddy has no control over such Sites and resources, you acknowledge and agree that DialDaddy is not responsible for the availability of such external Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Sites or resources. You further acknowledge and agree that DialDaddy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource.
8. SUBMISSIONS
If you send submissions (e.g., postings to all media including phone, chat, boards, contests, creative suggestions, ideas, notes, drawings, concepts, or other information)(collectively, "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all rights of every kind to the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. We do not consider your lists, messages or campaigns as Submissions.
9. USE OF COMMUNICATION AND TRANSMISSION CHANNELS
You agree to remain solely responsible for the content of your messages and conduct while utilizing the Site and Services, liable for any losses, damages, or causes of action arising therefrom. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, scandalous, inflammatory, pornographic, profane, confidential, proprietary, copyrighted, trade marked or other intellectual property or any material that would be considered a criminal offense or would give rise to civil liability or otherwise violate the law. MOST IMPORTANTLY... YOU AGREE NOT TO USE DialDaddy TO CALL ANYONE THAT DID NOT GIVE YOU EXPRESS PERMISSION TO DO SO. IT IS YOUR RESPONSIBILITY THAT CALLS TO LEADS, INCLUDING THOSE PROVIDED BY US THROUGH THIRD PARTY VENDORS COMPLY WITH ALL APPLICABLE "DO NOT CALL" LAWS AND REGULATIONS. If you violate federal or local telecommunications laws, you will be held accountable and you agree to defend, indemnify, and hold harmless DialDaddy, all of its affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site.
DialDaddy will not assume responsibility or liability for any error, omission, inaccuracy, defamation, falsehood, obscenity, pornography, profanity, confidential, proprietary or other intellectual property infringement contained in any broadcast or information found at any location on the Site, affiliate Sites or content linked to our Web Site.
You understand that transmissions on the Internet, by phone or other communications channels are not always confidential. Therefore, you agree that you transmit and/or post information fully at your own risk and will hold DialDaddy completely harmless for any loss or damage incurred by doing so.
Although we may from time to time monitor user audio files, postings, emails or other such transmissions, we are not obligated to do so and assume no liability whatsoever in connection with or otherwise arising form the content found in any transmission, at any location on the Site or content linked to the Site.
We reserve the right to remove or edit content from any post or transmission at any time and for any reason.
10. BILLING
DialDaddy members who are on a billing plan will be subject to charges for use of the Site and Services in accordance with DialDaddy's standard billing practices.
11. DISCLAIMER OF WARRANTIES
You expressly understand and agree that: a. Your use of the Site and Service is at your sole risk. They are provided on an "as is" and "as available" basis. DialDaddy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. b. DialDaddy makes no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, and (v) any errors in the Site or Service will be corrected. c. Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. d. No advice or information, whether oral or written, obtained by you from DialDaddy or through or from the Site shall create any warranty not expressly stated in the Terms of Use.
12. LIMITATION OF LIABILITY
You expressly understand and agree that DialDaddy shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if DialDaddy has been advised of the possibility of such damages), resulting from: (i) missed or uncompleted calls, emails or other communications (ii) hardware, software, telecommunications and other system failures (iii) the use or the inability to use the site; (iv) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the site; (v) unauthorized access to or alteration of your transmissions or data; (vi) statements or conduct of any third party on the site; or (vii) any other matter relating to the site.
13. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations of sections 11 and 12 may not apply to you.
14. INDEMNIFICATION
Upon a request by DialDaddy, you agree to defend, indemnify, and hold harmless DialDaddy, all of its affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site. DialDaddy reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DialDaddy in asserting any available defenses.
15. INTERNATIONAL USE
DialDaddy makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.
16. CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by and construed in accordance with the laws of the state of Colorado, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the state of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
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Privacy Policy
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