Dialer180, is a by-product of the company PRO180, LLC. Representing added value for users who wish to expand the service offered by the company as a platform to facilitate investments in property and real estate.
Dialer180 provides a communication system through the cloud, using the connection modality through calls, messaging and offers a CRM system that allows tracking of potential clients. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you "AS IS" and that Dialer180 assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and such access and subsequent use may involve third party fees (such as Internet access to use the Service).
In consideration of your use of the Service, you represent that it is adult to form a binding contract and is not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also accept: (a) provide true information, accurate, current and complete about you as prompted by the Service's registration form (such information is the "Registration Data") and (b) maintain and promptly update the Registration Data to maintain it. true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Dialer180 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dialer180 has the right to suspend or terminate your account and refuse any and all current or future use of the Service ( or any part thereof). Children under 18 years, they cannot register for a Dialer180 account or use any Dialer180 services.
A. Payment by Credit/Debit Card. You hereby authorize Dialer180 to charge your credit card as set forth in section Form payment method registration to a monthly service fee and excess fees to Dialer180 at the rates set forth in $120 dollars o agreed tariff.
B. Transfer charges. If at any time after the execution of this Agreement, a Network Operator or other Third Party changes Third Party Charges on Provisioned Telephone Numbers, then Dialer180, at its discretion, may transfer such charges ("Pass Charges") to you. in cost.
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at https://dialer180.com/privacypolicy. You understand that through your use of the Service, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Dialer180 and its affiliates. Dialer180 may reasonably use your name and logo for your investor relations and marketing purposes.
You (the "MEMBER") will create a password and an account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of your password and account designation and are fully responsible for all activities that occur under your password or account designation. You agree to (a) immediately notify Dialer180 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. Dialer180 cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
A. Information to be disseminated:
You understand that all calls, information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials ("Content"), whether publicly disseminated or privately transmitted, are the sole responsibility of the person from which said Content originated. This means that you, and not Dialer180, are entirely responsible for all Content that you upload, post, message, transmit or make available via the Service. Dial 180 does not control the Content posted through the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Dialer180 be liable for any Content, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted via telephone call or through of messaging.
Dialer180 is solely a facilitator of web-based communication via calls or text messaging and has no visibility or control over individual information. as they are transmitted through Dialer180 and has no responsibility or liability regarding the content of any individual call or message.
B. You agree not to use the Service to:
Upload, post, call, text, transmit or otherwise make available illegal contests or bets, unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of request.
Upload, post, call, text, transmit or otherwise make available any adult content or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racist, ethnically or otherwise objectionable, or that has no right to make available under any law or under contractual or fiduciary relationships (such as inside information, confidential and proprietary information acquired or disclosed as part of employment relationships or under non-disclosure agreements, or that violates the intellectual property rights of a third party (“Rights”).
Forge headers or manipulate identifiers in order to disguise the origin of any content transmitted through the Service
Upload, post, call, text, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile phone, mobile device, computer software or hardware or telecommunications equipment.
“Stalk” or otherwise harass another. Use any equipment or software that has the capacity to store or produce telephone numbers for calling, using a random or sequential number generator, in conjunction with your use of the Services.
Use any equipment or software that has the ability to initiate messages without human intervention, in conjunction with your use of the Services.
Send any calls to vital services, such as hospitals, fire, police, 911 or utility-related phone numbers.
Use strings of numbers, as it is illegal to contract two or more lines of a multi-line business. Harvest or compile information about others, without their consent.
Mislead others as to the identity of the sender of your messages, creating a false identity, impersonating someone/something else, or providing contact information that does not belong to you.
Transmit, associate or publish any illegal, racist, harassing, libelous, abusive, threatening, degrading, immoral, harmful, vulgar, obscene, pornographic or objectionable material of any kind.
Transmit any material that may infringe the intellectual property rights of others, including trademarks, copyrights or other rights of publicity;
Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or other harmful programs.
Interfere with or disrupt networks connected to the Services or violate the rules, policies or procedures of such networks.
Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means.
Interfere with any other person's use and enjoyment of the Dialer180 Services or Sites; either Engage in any other activity that Dialer180 believes could be subject to criminal liability or civil penalty/suit.
C. You acknowledge that Dialer180:
May or may not pre-screen Content, but that Dialer180 and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse or move any Content that is available through the Service. Without limiting the foregoing, Dialer180 and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
D. Account content:
You acknowledge, consent and agree that Dialer180 may access, preserve and disclose your account information and Content if required by law. or if you believe in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your customer service requests; or (e) protect the rights, property or personal safety of Dialer180, its users and the public.
TAll federal and state Do Not Call and Call Time Restriction laws and regulations and, as applicable for contact via calls and text messaging to Canadian numbers, the Canadian Unsolicited Telecommunications Rules. CRTC, including the CRTC Telemarketing Rules, the DNCL National Rules, and the Automatic Dialing and Announcing Device Rules, CRTC Telecommunications Decision 2007-48, as amended; and all applicable industry guidelines and best practices, including, but not limited to, the CTIA Short Code Monitoring Manual and Messaging Principles and Best Practices (Collectively).entity, "Applicable message requirements"). Dialer180 provides the software and operator connectivity through which you send your messages and make your calls; You are solely and exclusively responsible for complying with the applicable Call and Message Requirements (and for defending and indemnifying Dialer180 from any claim alleging that you failed to do so). If for any reason Dialer180 suspects that your use of its Services is in any way contrary to the Applicable Message Requirements, Dialer180 reserves the right to request a written explanation from you, including the method of collection of subscriber telephone numbers and a guarantee . signed by you that all persons on your subscriber list gave you their prior express written consent to receive text messages from you of the type you had sent. You agree to provide all information and documents reasonably requested by Dialer180. Dialer180 reserves the right to take any action it deems appropriate in the event of non-compliance, including but not limited to account suspension and/or termination, without liability to you for the same.
E. TCPA
You represent and warrant that you are aware that, among other requirements, the TCPA requires the express prior written consent of a consumer before you may send them marketing text messages using an autodialer, without a purchase being required as a condition of your consent, and such consent must be clear and conspicuous. Additionally, damages for each message sent in violation of the TCPA are $500 and can be up to $1,500 if the violation is proven to be “willful and knowing.”
F. Cancellation and no contact
You agree that you will include clear opt-out/unsubscribe information in your messages when required by law. or applicable regulation and will otherwise adhere to consumer best practice guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. , and that it will promptly process all do not text or do not call requests and keep those numbers on its internal do not call/text list.
G. Adequate communication:
You must schedule your messages responsibly and courteously to recipients in accordance with local, state, national and international rules and regulations regarding calling time.. You are solely responsible for obtaining any rights or licenses to any data, including but not limited to any sound, image or video files for inclusion in any outgoing messages. If you are unfamiliar with or unclear about the legality of any message you wish to initiate through the Services, you should consult with your attorney before using the Dialer180 Sites or Services.
H. Use of contacts:
You represent and warrant that you have all power and authority and have obtained all necessary rights and licenses to use and enable the telephone numbers used for Dialer180 services.
A. For purposes of this Agreement, a Unit of Downtime is a period of at least 1 day during which access to Dialer180.com is unavailable due to problems with system hardware or software. Downtime does not include:
B. In any calendar month, we guarantee that Downtime will not exceed 1 Downtime Unit excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during the hours of 6:00 p.m. m. and 9:00 a.m. m. ITS T. We work to ensure the operation of all web servers through continuous monitoring by our staff.
C. If downtime exceeds 1 unit of downtime in any calendar month, upon written request, we will credit your account (a "downtime credit") in an amount equal to the prorated price of one (1) day of service. . , for each instance of downtime as that term is defined herein.
D. To receive downtime credit, you must request such credit by sending an email to equipo@dialer180.com within seven (7) days of the downtime occurring. The maximum aggregate number of Downtime Credits to be issued for any and all instances of Downtime that occur in a single calendar month will not exceed seven (7). Downtime credits will be applied upon issuance of the first invoice following the downtime credit request, unless the downtime occurs in your last month of service. In that case, A refund for the dollar value of the downtime credit will be mailed to you within thirty (30) days of the expiration of your service contract.
AND. If you are dissatisfied with any aspect of our service, please contact us and we will try to correct the situation. Because we are providing a service, which starts when the account is created, we cannot provide a refund, except when the service has not been acceptable. This is solely at our discretion. No refunds will be made if we terminate your account due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as provided therein. This does not affect your legal rights. No bill credit will be given for a suspension period.
Dialer180 does not claim ownership of the Content that you submit or make available for inclusion on the Service. However, with respect to Content that you submit or make available for inclusion in publicly accessible areas of the Service, you grant Dialer180 the following worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, perform publicly and publicly display such Content on the Service and elsewhere for the purpose for which such Content was submitted or made available and also for the purpose of providing and promoting the Service to which such Content was submitted or made available.
You agree to defend, indemnify and hold harmless Dialer180 and its affiliates, officers, agents and employees from and against any proceeding, suit, claim or demand, including reasonable attorneys' fees, made by any third party in connection with, alleging or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your alleged violation of this Agreement, your alleged violation of any rights of another, or your alleged violation of any law ("Indemnifiable Claims"), and to indemnify Dialer180 for any damages, award, attorneys' fees and costs awarded or incurred by Dialer180 in connection with such Compensable Claims. As a condition of the foregoing indemnifying obligations, (a) Dialer180 will provide you with immediate notice of any indemnifiable Claim, provided, however, that the failure of such immediate notice will not relieve you of your obligations hereunder, except to the extent who has been actually and materially harmed by said failure; (b) you will have the sole and exclusive authority to defend or resolve any Claim (provided that you obtain our consent in connection with any act or indulgence required by Dialer180, which consent will not be unreasonably withheld); and (c) Dialer180 will reasonably cooperate with you in connection with your activities hereunder, at your expense. Dialer180 reserves the right, at its own expense, to participate in the defense of a Claim. Notwithstanding anything to the contrary herein.
You acknowledge that Dialer180 may establish general practices and limits regarding use of the Service, but that Dialer180 has no responsibility or liability for the deletion or failure to store messages, calls and other communications or other content maintained or transmitted by the Service.
Dialer180 reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Dialer180 shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You agree that Dialer180 may, under certain circumstances and without prior notice, immediately cancel your account. Dialer180, any associated text message address and/or email address, and access to the Service. Cause for such termination shall include, without limitation, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-deletions accounts initiated), (d) interruption or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, (g) your participation in fraudulent, illegal or inappropriate activities, (h) requirement of the third party operator, and/or (i) failure to pay any fees owed by you in connection with the Services. You may terminate your access to and use of the Service upon prior written notice to Dialer180. In no event will you be entitled to a refund of any fees paid to Dialer180 hereunder.
Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of Dialer180. Dialer180 retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly allowing or encouraging others to attempt, to reverse engineer, decompile, disassemble or otherwise attempt to determine the source code or protocols of the Services, except and only to the extent permitted by applicable law notwithstanding such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Service (including your Dialer180 ID, account, account designation, password and other Dialer180 information), use of the Service, or access the Service. Please note that Dialer180 is a by-product of PRO180, LLC.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dialer180 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. Dialer180 MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) ) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THE INTERNET WILL BE AVAILABLE AND FUNCTIONAL.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dialer180 OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Dialer180 SHALL NOT BE LIABLE TO YOU 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 Dialer180 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OF OR INABILITY TO USE THE SERVICE; (b) 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 THE SERVICE; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
B. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Dialer180 service providers disclaim all liability with respect to Dialer180 customers, whether direct, indirect, incidental, consequential, punitive or otherwise, arising out of or in connection with the use of the services provided under this Agreement. You hereby release Dialer180 service providers from and against all claims, liabilities and damages arising from or related to the use of the services provided by the Company Customer under this Agreement. Company Customer shall be solely responsible for any and all third party claims, damages and liabilities arising, resulting from or caused by Company Customer's use of the Services provided under this Agreement, including, but not limited to, any claims, damages and liabilities arising from,
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 MAY NOT APPLY TO YOU.
Dialer180 may provide you with notices, including those regarding changes to the Agreement, whether by text message, email, postal mail, or postings on the Service.
Dialer180 trademarks, service marks, logos, and product and service names are trademarks of PRO180, LLC. You agree not to display or use the Dialer180 Marks in any manner without the prior written consent of Dialer180.
Dialer180 respects the intellectual property of others, and we ask our users to do the same. Dialer180 may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Dialer180's copyright agent:
Choice of law and forum. This Agreement and the relationship between you and Dialer180 will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Dialer180 agree to submit to the personal and exclusive jurisdiction of the courts located in Sarasota County, Florida.
Waiver and Severability of Terms. Dialer180's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions hereof. Agreement will remain in force. full strength and effect.
Non-transferability. You agree that your account Dialer180 is not transferable and you may not assign this Agreement without the prior written consent of Dialer180.
Complete agreement. This Agreement constitutes the entire agreement between you and Dialer180 and governs your use of the Service, superseding any prior agreements between you and Dialer180 with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Dialer180 services.
Receiving Messages from the Dialer180 User
By registering on the Dialer180 platform, you agree to receive text message campaigns, assistance from the support team and other types of immediate communication. If you wish to opt out of receiving these text messages, you must notify the Dialer180 support team by sending an email to equipo@dialer180.com with the subject “I do not wish to receive text messages”.
Use of the Text Messaging Service
Accuracy of Information: The user acknowledges and accepts that the information provided to activate their campaign is correct.
Receiving Messages from the Dialer180 User
By registering on the Dialer180 platform, you agree to receive text message campaigns, assistance from the support team and other types of immediate communication. If you wish to opt out of receiving these text messages, you must notify the Dialer180 support team by sending an email to equipo@dialer180.com with the subject “I do not wish to receive text messages”.
Use of the Text Messaging Service
Accuracy of Information: The user acknowledges and accepts that the information provided to activate their campaign is correct.
Content Responsibility: The user is responsible for the content sent through the Dialer180 platform via text messages. Any alteration of the original content requested will be the exclusive responsibility of the user who uses the service.
Rates and Frequency:
Depending on the type of campaign and frequency of messages, additional charges may apply from your mobile service provider. Message frequency varies. Message and data rates may apply.
Message Frequency Expectation:
How often should subscribers expect to receive messages? Frequency of messages may vary, with one message per request or periodic messages based on the campaign.
Request for help
If the texting service user needs assistance, they can request it from the Dialer180 support team by sending an email to equipo@dialer180.com.
Disclaimer
Carriers are not responsible for delayed or undelivered messages. Dialer180 is committed to doing everything possible to ensure timely delivery of messages.
Consent
By providing your mobile phone number, you agree to receive text messages from Dialer180 as described in these terms and conditions.
"Network Operator" means any mobile network operator, wireless service provider, wireless service provider, cellular company, third party operator or user of a communications network to and from which Dialer180 may transmit and receive messages directly.
“Third Party” means any Person who is not a Party to this Agreement.
“Third Party Charges” means any fees or charges that a Third Party imposes on Dialer180 in connection with any Service, including, without limitation, Service and Transit Fees.
“Transit Fees” means any fee imposed by a Network Operator or Third Party for the delivery of any Message.
