Terms of Service
Last Updated: October 26, 2023
Please read these Terms of Service ("Terms," "Agreement") carefully before using the dialprime.com website (the "Website") operated by Dial Prime ("Dial Prime," "us," "we," or "our"). Your access to and use of the Website and any services offered through it (collectively, the "Services") is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services.
By accessing or using the Services, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Services.
1. Acceptance of Terms and Agreement
1.1. This Agreement constitutes a legally binding contract between you, an individual user or entity ("User," "you"), and Dial Prime. 1.2. By utilizing the Services, you affirm that you possess the legal capacity to enter into this Agreement, or if you are under the age of majority, that you have obtained parental or guardian consent to do so. 1.3. Your continued use of the Services signifies your unqualified acceptance of and agreement to these Terms, which shall be effective immediately upon your first access or use.
2. Provision of Services
2.1. Dial Prime offers a range of services accessible via the Website, the precise nature of which may be updated, modified, or discontinued at our sole discretion. We reserve the right to modify or cease operation of the Services (or any part thereof) without prior notification. 2.2. Dial Prime does not guarantee the continuous availability, accuracy, or integrity of the Services or any content provided therein.
3. User Responsibilities and Acceptable Conduct
3.1. Users are solely responsible for all activities undertaken through their access to the Services. 3.2. Prohibited Conduct: You agree not to: a. Engage in any activity that is unlawful, fraudulent, defamatory, harassing, or otherwise objectionable. b. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. c. Upload, post, transmit, or otherwise make available any content that infringes upon the intellectual property rights of others. d. Introduce viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material. e. Attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to Dial Prime's servers. f. Interfere with or disrupt the integrity or performance of the Services or data contained therein. g. Engage in any activity that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Services. 3.3. Dial Prime reserves the right, but is not obligated, to monitor your use of the Services and to remove any content or terminate your access for violating these provisions.
4. Intellectual Property Rights
4.1. All content, features, and functionality available through the Services, including but not limited to text, graphics, logos, images, as well as the design, selection, and arrangement thereof, are owned by Dial Prime, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 4.2. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted for browsing.
5. Disclaimer of Warranties
5.1. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 5.2. DIAL PRIME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 5.3. NEITHER DIAL PRIME NOR ANY PERSON ASSOCIATED WITH DIAL PRIME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
6. Limitation of Liability
6.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIAL PRIME, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. 6.2. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIAL PRIME FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID DIAL PRIME, IF ANY, IN THE PAST TWELVE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
7. Indemnification
7.1. You agree to defend, indemnify, and hold harmless Dial Prime, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
8. Term and Termination
8.1. This Agreement remains in full force and effect while you use the Services. 8.2. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. 8.3. Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law and Jurisdiction
9.1. These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. 9.2. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue therein.
10. General Provisions
10.1. Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. 10.2. Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Dial Prime's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 10.3. Entire Agreement: These Terms constitute the entire agreement between you and Dial Prime regarding our Services and supersede and replace any prior agreements, oral or otherwise, regarding the Services. 10.4. Assignment: You may not assign or transfer your rights or obligations under these Terms without Dial Prime's prior written consent. Dial Prime may assign or transfer its rights and obligations under these Terms without restriction.
11. Contact Information
11.1. Should you have any questions concerning these Terms, please contact us at: [email protected].