Dialing Services

Terms of Use

As the developer of the software and provider of the Dialing Platform (the underlying hardware, software, web interface and connectivity to the phone network) comprising the Features accessible through this web site, Dialing Services LLC wants to ensure that all users of the Platform are aware of, and abide by, all applicable laws and regulations. Because our Platform is capable of sending prerecorded messages, it is important that you review the following and if you have any questions contact Dialing Services LLC, your reseller or attorney before continuing.

Awareness of Certain Laws. Prior to using this site or the features accessible through this site, "You" (i.e., each end user, sales agent, reseller, or other party accessing the site) shall have made yourself aware of the legalities of all intended uses of the Features. Without in any way limiting the general nature of the Representations and Warranties set forth below or the covenant in the preceding sentence, You agree that You are aware of the laws and regulations contained on the following websites, as well as any similar state laws applicable to Your use of the Features:

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

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

Third Party . You understand that Dialing Services, LLC is acting as a Carrier and is only providing the Dialing Platform and has no interest, partnership or affiliation with you or your organization or any calls placed by you or your organization. You understand that any calls made under your account are calls that are initiated and made by You and that Dialing Services, LLC is a Third Party to any calls placed over the Platform and that Dialing Services, LLC does not "initiate" or "make" calls on your behalf.

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