1. Introduction
Welcome to Dial Direct 365 ("we," "us," "our," or the "Company"). These Terms and Conditions ("Terms") govern your access to and use of our website at https://dialdirect365.com (the "Website") and any services we provide, including call answering, appointment scheduling, and customer intake services (collectively, the "Services"). By accessing, browsing, or using the Website, or by signing up for our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, please do not use the Website or Services.
SMS and Messaging Terms
- Dial Direct 365 sends marketing messages, policy reminders, and appointment updates only after a user has opted in to receive messages.
- You may cancel the SMS service at any time by texting "STOP" to 719-257-7173. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
- If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or contact us directly at [email protected].
- Carriers are not liable for delayed or undelivered messages.
- Message and data rates may apply for messages sent to you from us and to us from you.
- Message frequency varies based on account activity and campaigns.
- For questions about your text plan or data plan, contact your wireless provider. For privacy-related inquiries, please refer to our Privacy Policy.
2. Acceptance of Terms
By accessing or using the Website or Services, you signify your acceptance of these Terms. We reserve the right to modify, alter, or update these Terms at any time in our sole discretion. Any changes will be posted on this page with a revised "Last Updated" date. Your continued use of the Website or Services after changes are posted constitutes your acceptance of the revised Terms. It is your responsibility to review this page periodically for updates.
3. Eligibility
You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Website or Services. By using the Services, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms. If you are accessing or using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.
4. Use of Website
You agree to use our Website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the Website by any third party. Prohibited conduct includes, but is not limited to:
- Using the Website in any manner that could disable, overburden, damage, or impair it;
- Attempting to gain unauthorized access to any portion of the Website, other accounts, or computer systems or networks connected to the Website;
- Using any robot, spider, scraper, or other automated means to access the Website for any purpose without our prior written consent;
- Introducing viruses, trojan horses, worms, malware, or other malicious code;
- Collecting or harvesting personally identifiable information about other users;
- Using the Website or Services to transmit unsolicited commercial communications.
5. Services and Account Registration
To use certain Services, you may be required to create an account and provide accurate, current, and complete information about yourself or your business. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.
6. Billing and Payment
If you subscribe to a paid Service, you agree to pay all fees and charges associated with your selected plan. Current pricing includes:
- Answering Service: $225 per month, billed in advance.
- Appointment Scheduling Add-On: an additional $100 per month, billed in advance.
- Per-Minute Usage: $1.58 per minute of active talk time, billed on the following billing cycle.
Fees are non-refundable except as required by law. We reserve the right to change pricing with reasonable prior notice. Failure to pay amounts due may result in suspension or termination of the Services. You are responsible for all applicable taxes associated with your use of the Services.
7. Copyright and Trademarks
All content, graphics, design, logos, trademarks, service marks, and other materials on the Website are owned by or licensed to Dial Direct 365 and are protected under applicable U.S. and international copyright, trademark, and other proprietary rights laws. The copying, reproduction, redistribution, modification, creation of derivative works, or publication of any part of the Website without our prior written consent is strictly prohibited.
8. User Content
If you submit any information, messages, call recordings, scripts, or other content to Dial Direct 365 through the Website or in connection with the Services ("User Content"), you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, reproduce, and display such User Content as reasonably necessary to provide the Services. You represent and warrant that you have all necessary rights to submit such User Content and that it does not violate these Terms or any applicable law.
9. Third-Party Links and Services
Our Website may contain links to third-party websites and services. These links are provided for your convenience. Dial Direct 365 does not endorse, warrant, or guarantee the products, services, or information described or offered at these third-party sites, and we are not responsible for their content, privacy practices, or policies. Use of any third-party site is at your own risk and is subject to the terms of that site.
10. Disclaimer of Warranties
THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. DIAL DIRECT 365 DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIAL DIRECT 365 AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND SUPPLIERS 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, RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to indemnify, defend, and hold harmless Dial Direct 365, its officers, directors, employees, agents, affiliates, and suppliers from and against any and all losses, expenses, damages, claims, and costs (including reasonable attorneys' fees) resulting from or arising out of: (a) your violation of these Terms; (b) your use of the Website or Services; (c) any User Content you submit; (d) your violation of any rights of a third party; or (e) your negligent or wrongful conduct.
13. Termination
Dial Direct 365 reserves the right to suspend or terminate your access to the Website or Services at any time, without prior notice, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Website and Services will cease immediately. Sections that by their nature should survive termination will survive, including but not limited to Copyright and Trademarks, User Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be brought exclusively in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts.
15. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Dial Direct 365 regarding your use of the Website and Services and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.
17. Waiver
No waiver by Dial Direct 365 of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or a waiver of any other term. Our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
18. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without our consent will be null and void. We may freely assign or transfer these Terms at any time without notice to you.
19. Force Majeure
Dial Direct 365 shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, governmental action, power outages, or failures of telecommunications or internet service providers.
20. Contact Information
If you have any questions, concerns, or requests regarding these Terms, please contact us at: