PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.
1. DEFINITIONS
The following terms have the meanings set forth below throughout this Agreement:
- "Company," "We," "Us," or "Our" refers to Dialer Campaign LLC, the owner and operator of the Dialer Campaign dialer platform, organized under the laws of the State of Wyoming.
- "Platform" refers to the Dialer Campaign multi-line dialing software, applications, APIs, dashboards, and all associated services provided by the Company.
- "Client," "User," "You," or "Your" refers to any individual, business entity, agency, or organization that accesses, subscribes to, or uses the Platform in any manner.
- "Agent" refers to any employee, contractor, representative, or subcontractor authorized by the Client to operate or use the Platform on the Client's behalf.
- "Call Record" means any audio, metadata, or data record generated in connection with calls placed through the Platform.
- "TCPA" means the Telephone Consumer Protection Act, 47 U.S.C. § 227, and all regulations promulgated thereunder.
- "DNC" or "FDNC" means the Federal Do Not Call registry maintained by the Federal Trade Commission under 16 C.F.R. Part 310, as well as any applicable state Do Not Call registries.
- "PEWC" means Prior Express Written Consent as defined under the TCPA and FCC regulations.
- "Applicable Law" means all federal, state, and local laws, rules, regulations, and orders applicable to the Client's use of the Platform.
2. ACCEPTANCE OF TERMS
By registering for, accessing, or using the Platform in any manner, you represent and warrant that:
- You have the full legal authority to enter into these Terms on behalf of yourself and/or the entity you represent;
- You are at least eighteen (18) years of age and legally capable of entering into binding contracts;
- All information provided to the Company is truthful, accurate, and complete;
- Your use of the Platform will at all times comply with all Applicable Laws and these Terms;
- You have read, understood, and agree to be bound by these Terms in their entirety, including all disclaimers and limitation of liability provisions.
These Terms constitute a legally binding agreement between you and the Company under the federal E-SIGN Act (15 U.S.C. § 7001) and Wyoming's Uniform Electronic Transactions Act. Electronic acceptance — including clicking "I Agree" or accessing the Platform — carries the same legal force as a
handwritten signature. The Company reserves the right to modify these Terms at any time with notice. Continued use of the Platform after notice of any modification constitutes acceptance of the revised Terms.
3. DESCRIPTION OF PLATFORM; TECHNOLOGY PROVIDER STATUS
Dialer Campaign is a cloud-based multi-line outbound dialing platform that enables Clients and their Agents to place outbound telephone calls at scale using telecommunications infrastructure provided by Twilio Inc. The Company's role is limited exclusively to providing software and telecommunications routing infrastructure. The Company:
- Does not independently initiate, direct, or control the content or purpose of any call placed through the Platform;
- Does not screen, verify, or scrub any contact list uploaded by the Client against any DNC registry, consent database, or compliance list;
- Does not supervise, monitor, or review the conduct, scripts, representations, or disclosures made by Agents during calls;
- Does not provide legal, compliance, or regulatory advice of any kind.
The Client is the operator of record for all calls placed through the Platform. All legal, regulatory, and operational responsibility for outbound calling campaigns rests entirely with the Client.
4. PERMITTED USE
The Platform may only be used for lawful outbound calling purposes in full compliance with all Applicable Laws. The Client agrees to use the Platform solely for legitimate business purposes, including sales, customer service, appointment setting, and other lawful outbound communications, and only to contact individuals with whom the Client has a lawful basis to communicate under the TCPA, TSR, and all other applicable telemarketing regulations.
5. PROHIBITED USES — FRAUD, SCAMS, AND UNLAWFUL CONDUCT
5.1 Prohibited Activities
The following activities are strictly prohibited and constitute grounds for immediate account termination and legal action:
- Operating, facilitating, or participating in any telephone fraud scheme, including but not limited to IRS impersonation, Social Security Administration scams, tech support fraud, grandparent scams, prize/lottery fraud, debt collection fraud, and government impersonation of any kind;
- Engaging in or facilitating any telemarketing fraud or deceptive trade practices in violation of the FTC Act, 15 U.S.C. § 45, or any state consumer protection statute;
- Using the Platform to collect financial or personal information under false or deceptive pretenses;
- Engaging in wire fraud, mail fraud, money laundering, identity theft, or any related criminal conspiracy;
- Placing calls that involve threats, harassment, intimidation, coercion, or abusive language;
- Impersonating any government agency, financial institution, law enforcement body, or legitimate business;
- Any other use of the Platform that violates applicable federal, state, or international criminal or civil law.
5.2 Client's Exclusive Liability for Fraudulent or Unlawful Use
ANY USE OF THE PLATFORM FOR FRAUDULENT, DECEPTIVE, CRIMINAL, OR OTHERWISE UNLAWFUL PURPOSES IS ENTIRELY THE CLIENT'S RESPONSIBILITY AND THAT OF ANY AGENT OR THIRD PARTY ACTING UNDER THE CLIENT'S ACCOUNT. THE COMPANY WILL NOT BE HELD RESPONSIBLE, LEGALLY OR FINANCIALLY, FOR ANY SUCH CONDUCT REGARDLESS OF WHETHER THE COMPANY HAD KNOWLEDGE OF IT.
The Company reserves the right to immediately suspend or terminate any account suspected of unlawful use without notice and without refund, and to report suspected fraud or criminal activity to the FTC, FCC, DOJ, state attorneys general, or any other appropriate authority.
5.3 Indemnification for Fraudulent Use
The Client shall indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, penalties, damages, attorneys' fees, and costs arising out of or related to the Client's or any Agent's fraudulent, deceptive, or unlawful use of the Platform.
6. CONTACT LIST WARRANTIES AND UPLOAD REPRESENTATIONS
By uploading any contact list, phone number file, lead file, or calling dataset to the Platform, the Client makes the following binding legal representations and warranties, effective at the moment of upload:
- The contact list has been fully scrubbed against the Federal Do Not Call Registry and all applicable state Do Not Call registries within the preceding thirty-one (31) days;
- The Client possesses documented PEWC or another lawful basis under the TCPA for each telephone number on the list, and such documentation is maintained and available for production upon demand;
- All contact data was obtained through lawful means and in compliance with applicable consumer protection, privacy, and data brokerage laws, including but not limited to the CCPA, the Florida Telephone Solicitation Act (FTSA), and any other applicable state privacy law;
- The Client owns or is validly licensed to use all uploaded contact data and does not infringe upon any third party's rights by uploading or using such data;
- No contact list or dataset was obtained through deceptive means, data theft, unauthorized scraping, or any unlawful method.
THE ACT OF UPLOADING A CONTACT LIST CONSTITUTES A LEGAL REPRESENTATION THAT ALL OF THE ABOVE WARRANTIES ARE TRUE AND ACCURATE. ANY MISREPRESENTATION IN CONNECTION WITH AN UPLOADED LIST THAT RESULTS IN LIABILITY TO THE COMPANY SHALL BE SUBJECT TO FULL INDEMNIFICATION BY THE CLIENT.
7. DO NOT CALL (DNC) COMPLIANCE — CLIENT'S SOLE RESPONSIBILITY
7.1 Client's Absolute Compliance Obligation
THE CLIENT BEARS SOLE, EXCLUSIVE, AND NON-DELEGABLE RESPONSIBILITY FOR ALL COMPLIANCE WITH THE FEDERAL DO NOT CALL REGISTRY, STATE DO NOT CALL REGISTRIES, AND ALL REGULATIONS GOVERNING OUTBOUND TELEPHONE SOLICITATIONS, INCLUDING BUT NOT LIMITED TO THE TCPA AND THE TELEMARKETING SALES RULE (16 C.F.R. PART 310).
Prior to placing any call through the Platform, the Client agrees to:
- Independently access and maintain a current subscription to the Federal Do Not Call Registry (refreshed no less than every thirty-one (31) days);
- Obtain and maintain subscriptions to all applicable state Do Not Call registries in every state where calls will be directed;
- Scrub all calling lists against applicable DNC registries before uploading or dialing through the Platform;
- Maintain and honor an internal company-specific Do Not Call list and immediately process all opt-out requests;
- Comply with all calling time restrictions under federal and state law, including the prohibition on calls before 8:00 a.m. or after 9:00 p.m. local time at the called party's location.
7.2 Complete Indemnification for DNC Violations
The Company does not independently screen or scrub the Client's calling lists against any DNC registry. ANY AND ALL DNC VIOLATIONS ARISING FROM THE CLIENT'S USE OF THE PLATFORM ARE THE EXCLUSIVE LEGAL AND FINANCIAL RESPONSIBILITY OF THE CLIENT AND/OR THE INDIVIDUAL AGENT WHO PLACED THE CALL.
The Client shall indemnify, defend, and hold harmless the Company from any and all claims, damages, fines, penalties, attorneys' fees, regulatory sanctions, and costs arising out of or related to actual or alleged DNC violations by the Client, its Agents, or any party acting under the Client's account.
7.3 Individual Agent Responsibility
Where an individual Agent is responsible for uploading calling lists or initiating calls that result in a DNC violation, that Agent acknowledges personal liability for such violation to the extent provided by law. The Client guarantees that all Agents are aware of and agree to these Terms prior to using the Platform.
8. ABANDONED CALL RATE COMPLIANCE
The Platform may operate as a predictive or multi-line dialer capable of placing simultaneous outbound calls. The Client acknowledges and agrees that:
- Federal law under the FTC Telemarketing Sales Rule (16 C.F.R. § 310.4(b)(1)(iv)) requires that no more than three percent (3%) of calls answered by a live person may be abandoned per campaign per day, measured over a thirty (30)-day period;
- The Client is solely responsible for configuring, monitoring, and maintaining its dialing campaigns to comply with the FTC's abandoned call rate requirements and any applicable state regulations;
- The Client is solely responsible for ensuring that any abandoned call is followed by a compliant automated message identifying the seller and providing a toll-free callback number;
- The Company provides no guarantee that Platform operation will automatically ensure compliance with abandoned call rate limits. Compliance is the Client's exclusive operational responsibility;
- Any fine, penalty, enforcement action, or lawsuit arising from the Client's failure to comply with abandoned call rate regulations is the sole responsibility of the Client, and the Client shall indemnify and hold harmless the Company from any such claim.
9. CALLER ID ACCURACY AND STIR/SHAKEN COMPLIANCE
The TRACED Act, FCC regulations, and applicable state laws impose strict requirements on caller ID accuracy and authentication. The Client agrees that:
- All caller ID information submitted through the Platform must be accurate, truthful, and legally associated with the Client's business or a number the Client is authorized to use. Spoofed or misleading caller ID is strictly prohibited;
- The Client shall not use caller ID information that misrepresents the calling party's identity, falsely implies government affiliation, or is designed to deceive the called party;
- The Client is solely responsible for ensuring all caller ID numbers comply with STIR/SHAKEN authentication requirements and are not subject to carrier blocking due to the Client's prior conduct;
- The Company shall not be liable for any carrier-level blocking, labeling, or filtering of the Client's calls resulting from the Client's calling patterns, complaint history, or caller ID practices;
- Any FCC enforcement action, fine, or civil liability arising from the Client's use of non-compliant caller ID information is the Client's exclusive responsibility, and the Client shall fully indemnify the Company.
10. CALL RECORDING — DISCLOSURE AND COMPLIANCE OBLIGATIONS
10.1 Mandatory Recording Notice
THE PLATFORM RECORDS ALL CALLS PLACED THROUGH THE SYSTEM. THIS IS A PERMANENT AND NON-CONFIGURABLE FEATURE. ALL CLIENTS AND AGENTS ARE HEREBY NOTIFIED AND ARE RESPONSIBLE FOR ENSURING ALL APPLICABLE LEGAL REQUIREMENTS RELATING TO CALL RECORDING ARE MET.
10.2 Consent Requirements by Jurisdiction
Many states require the consent of ALL parties before a call may be legally recorded. The Client is solely responsible for:
- Determining the recording consent laws applicable to every call, including the laws of both the calling and called party's jurisdictions;
- Ensuring that every Agent verbally discloses at the beginning of each call that the call is being recorded;
- Obtaining any necessary written or verbal consent from called parties prior to or at the commencement of each call;
- Maintaining records of all required consent disclosures.
10.3 Agent's Individual Obligation
Each Agent is personally required to state clearly and audibly at the start of every call that the call is being recorded. ANY AGENT WHO FAILS TO MAKE THIS DISCLOSURE IS PERSONALLY AND SOLELY RESPONSIBLE FOR ANY LEGAL LIABILITY, REGULATORY ACTION, FINE, OR PENALTY ARISING FROM THAT FAILURE.
10.4 Company's Limited Role
The Company's responsibility with respect to call recording is limited to providing the technical infrastructure that records calls. The Company does not monitor individual calls in real time and does not verify that Agents make required disclosures. The Client and each Agent shall indemnify and hold harmless the Company from any claims arising from any failure to provide required recording disclosures.
10.5 Retention and Disclosure of Recordings
Call recordings are stored pursuant to the Company's data retention policy and may be used for quality assurance, dispute resolution, and regulatory compliance. The Company reserves the right to disclose
recordings to law enforcement or regulatory agencies pursuant to lawful process or as otherwise required by law.
11. DATA SECURITY, PRIVACY, AND CONTACT LIST OWNERSHIP
11.1 Client's Data Security Obligations
The Client is solely responsible for the security of all contact data, lead files, and personal information uploaded to or processed through the Platform. The Client agrees to:
- Implement and maintain reasonable technical, administrative, and physical security measures to protect contact data from unauthorized access or disclosure;
- Comply with all applicable data privacy laws governing consumer personal information, including but not limited to the CCPA, CPRA, VCDPA, and any other applicable state or federal privacy statute;
- Notify the Company within seventy-two (72) hours upon discovery of any actual or suspected data breach involving contact data processed through the Platform.
11.2 Company's Limited Role as Data Processor
THE COMPANY ACTS SOLELY AS A DATA PROCESSOR WITH RESPECT TO CONTACT DATA UPLOADED BY THE CLIENT. THE COMPANY IS NOT RESPONSIBLE FOR THE LAWFULNESS OF THE CLIENT'S DATA COLLECTION PRACTICES OR ANY BREACH OF CONSUMER PRIVACY RESULTING FROM THE CLIENT'S FAILURE TO SECURE ITS DATA. Any regulatory fine, enforcement action, or lawsuit arising from the Client's violation of consumer data privacy laws is the sole responsibility of the Client.
11.3 Contact List Ownership
The Client warrants that it owns or is expressly licensed to use all contact data uploaded to the Platform and that such data was lawfully collected and transferred. The Company reserves the right to request documentation of data provenance at any time and to suspend the Client's account pending verification.
12. THIRD-PARTY TELECOMMUNICATIONS PROVIDER
The Platform utilizes Twilio Inc. as its underlying telecommunications service provider. By using the Platform, the Client acknowledges and agrees that:
- All calls placed through the Platform are subject to Twilio's Acceptable Use Policy (twilio.com/legal/aup) and Terms of Service. The Client is responsible for compliance with Twilio's policies;
- Twilio may independently monitor, restrict, suspend, or terminate telecommunications services for accounts engaged in prohibited activities, including DNC violations, fraud, or high complaint rates;
- The Company is not liable for any service interruption, termination, or action taken by Twilio with respect to the Client's account;
- Any violation of Twilio's Acceptable Use Policy by the Client may result in immediate account termination without refund.
13. NO WARRANTY OF LEGAL COMPLIANCE
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE — EXPRESS OR IMPLIED — THAT THE CLIENT'S USE OF THE PLATFORM WILL RESULT IN COMPLIANCE WITH THE TCPA, THE TELEMARKETING SALES RULE, FEDERAL OR STATE DNC LAWS, CALL RECORDING STATUTES, THE TRACED ACT, THE FDCPA, ANY STATE CONSUMER PROTECTION STATUTE, OR ANY OTHER APPLICABLE LAW OR REGULATION.
The Platform is a technology tool, not a compliance solution. The Client is solely responsible for retaining qualified legal counsel to evaluate the lawfulness of its calling operations. The Client expressly acknowledges that it has not relied upon any statement or conduct by the Company as legal advice or as a guarantee of regulatory compliance.
14. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Any implied warranty of merchantability, fitness for a particular purpose, or non-infringement;
- Any warranty that the Platform will be uninterrupted, error-free, or free from harmful components;
- Any warranty that use of the Platform will result in compliance with any applicable law or regulation;
- Any warranty regarding the accuracy, reliability, or completeness of any information provided through the Platform.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:
- Any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to the Client's use of the Platform;
- Any fines, penalties, or regulatory sanctions imposed upon the Client for violations of DNC laws, recording disclosure laws, TCPA, or any other Applicable Law;
- Any damages arising from fraud, scams, or criminal conduct carried out through the Platform by the Client, any Agent, or any third party;
- Any loss of revenue, business opportunities, data, or goodwill;
- Any claims by third parties arising from the Client's use of the Platform;
- Any service interruptions caused by Twilio, internet service providers, or other third parties.
IN ALL CASES, THE COMPANY'S TOTAL LIABILITY TO THE CLIENT FOR ANY CLAIM SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16. INDEMNIFICATION
The Client agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
- The Client's or any Agent's violation of these Terms;
- The Client's or any Agent's violation of any Applicable Law, including TCPA, DNC regulations, state DNC laws, call recording statutes, FTC Act, or state consumer protection laws;
- Any fraud, deception, scam, or criminal activity conducted through the Platform under the Client's account;
- Any failure to provide legally required disclosures, including call recording notices;
- Any claim by a third party arising from calls placed through the Platform under the Client's account;
- Any breach by the Client of its representations, warranties, or obligations under these Terms.
The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by the Client, in which case the Client agrees to cooperate fully. The Client may not settle any claim without the Company's prior written consent.
17. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance arising out of events beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, floods, fires, or earthquakes;
- Service outages or technical disruptions caused by Twilio or any other third-party infrastructure provider;
- Government actions, regulatory orders, or carrier-level blocking that restrict the Company's ability to provide services;
- Cyberattacks, DDoS attacks, ransomware, or other malicious third-party interference;
- Pandemics, labor strikes, or other events constituting a national or regional emergency.
In the event of a force majeure, the Company's obligations are suspended for the duration of the event. No refund, credit, or compensation is owed for service unavailability resulting from force majeure events. The Client may not bring any breach of contract claim based on such interruptions.
18. ACCOUNT SUSPENSION AND TERMINATION
The Company reserves the right, in its sole discretion and without prior notice, to:
- Immediately suspend or terminate the Client's access to the Platform upon any actual or suspected violation of these Terms or Applicable Law;
- Suspend or terminate the account of any Client with an unusually high rate of DNC complaints, consumer complaints, or carrier flags;
- Retain and preserve all account data, call records, and logs for regulatory compliance and legal proceedings.
Termination does not relieve the Client of any obligations incurred prior to termination, including all indemnification obligations under these Terms.
19. FEE FORFEITURE UPON TERMINATION FOR CAUSE
If the Client's account is suspended or terminated for cause — including violation of these Terms, DNC non-compliance, fraud, unlawful use, or violation of Twilio's Acceptable Use Policy — the following apply:
- ALL FEES PAID BY THE CLIENT PRIOR TO TERMINATION ARE FULLY AND PERMANENTLY FORFEITED. No refund, credit, or reimbursement of any kind will be issued, regardless of the remaining balance of any subscription period;
- Any pre-paid credits, minutes, or account balances are immediately voided and will not be refunded or transferred;
- Termination for cause does not relieve the Client of any outstanding payment obligations, indemnification duties, or liabilities accrued prior to termination;
- The Client waives any claim for damages, lost profits, or other compensation arising from termination for cause.
20. COOPERATION WITH REGULATORY AUTHORITIES AND LAW ENFORCEMENT
The Client expressly acknowledges and agrees that:
- The Company may, at its sole discretion and without prior notice to the Client, disclose the Client's account information, call records, contact lists, recordings, and any other associated data to the FTC, FCC, DOJ, state attorneys general, local law enforcement, or any other government authority pursuant to lawful subpoena, court order, regulatory demand, or voluntary cooperation;
- Such disclosure does not constitute a breach of any confidentiality obligation or contractual duty owed by the Company to the Client;
- The Company is not required to notify the Client prior to making such disclosure if prohibited by law or if notification would impede an investigation or create a risk of harm;
- The Client shall not take any action to obstruct or interfere with any regulatory investigation or law enforcement inquiry related to the Client's use of the Platform. Any such interference is grounds for immediate account termination;
- The Company's cooperation with regulatory authorities shall not create any liability of the Company to the Client, and the Client waives all claims arising from such cooperation.
21. LEGAL COST RECOVERY FOR THIRD-PARTY CLAIMS CAUSED BY CLIENT
If the Company is named as a defendant, respondent, or party in any lawsuit, arbitration, regulatory proceeding, or governmental investigation arising from or related to the Client's use of the Platform — regardless of whether the Company is ultimately found liable — the Client agrees to:
- Immediately assume the defense of the Company upon written request, using counsel acceptable to the Company;
- Reimburse the Company for all legal fees, court costs, arbitration fees, expert witness fees, settlement contributions, and any other costs incurred in connection with defending such proceeding, from the date the Company is first served or notified;
- Pay a flat administrative fee of TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) to the Company upon being named in any such proceeding, as a non-refundable contribution toward the Company's initial legal and administrative response costs. This fee is in addition to, and not a substitute for, full indemnification;
- This obligation applies regardless of whether the underlying claim has merit and regardless of the final outcome of the proceeding.
22. CLASS ACTION AND COLLECTIVE ACTION WAIVER
CLASS ACTION WAIVER — PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CLIENT AND THE COMPANY EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AGAINST THE OTHER.
This means that:
- The Client may only bring claims against the Company in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action;
- The arbitrator shall have no authority to consolidate more than one person's claims, conduct any class or collective proceeding, or award class-wide relief;
- If a court finds this waiver unenforceable with respect to a particular claim, that claim shall be severed and litigated in court on an individual basis only, while all remaining claims proceed in individual arbitration.
THIS CLASS ACTION WAIVER IS A MATERIAL INDUCEMENT FOR THE COMPANY TO PROVIDE THE PLATFORM. IF THE CLIENT DOES NOT AGREE TO THIS WAIVER, THE CLIENT MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.
23. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Client's use of the Platform shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Casper, Wyoming. The Client expressly waives any right to a jury trial. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.
24. ENTIRE AGREEMENT; SEVERABILITY; WAIVER
These Terms, together with any order forms, subscription agreements, or addenda incorporated by reference, constitute the entire agreement between the Client and the Company and supersede all prior agreements, representations, and understandings. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The Company's failure to enforce any provision shall not constitute a waiver of that provision.
25. ELECTRONIC ACKNOWLEDGMENT AND SIGNATURE
BY CLICKING "I AGREE," CREATING AN ACCOUNT, OR USING THE PLATFORM IN ANY MANNER, THE CLIENT AND EACH AGENT ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, FULLY UNDERSTAND THEIR CONTENT, AND AGREE TO BE LEGALLY BOUND BY THEM.
Dialer Campaign LLC | Dialer Campaign Platform | Casper, Wyoming