Our Interpretation of USA Rules & Laws (we are not attorneys):
PURELY INFORMATIONAL CALLS & LIVE CALLS: Calls that are not selling anything but are providing information such as appointment reminders, delivery times, travel updates, member notifications, emergency warnings, etc. are generally not subject to the rules and laws below. Examples of exempted callers are religious, political, educational, health care, and clubs and organizations. There are other exemptions listed below as well.
TELEMARKETERS BEWARE: The Seller cannot be responsible if the Buyer/User does not make money with this product. If the Buyer/User intends to use this product for solicitation purposes (selling goods or services), there are laws or rules including, but not limited to, the following:
Do Not Call: The Buyer/User should be aware that he or she may be responsible for monthly “scrubbing” of calling lists against Federal and/or State Do Not Call Registry lists. (The Manufacturer of this product provides the Buyer/User with tools to assist in cleaning the Buyer/User’s dialing lists of Do Not Call telephone numbers if required; however, the Manufacturer cannot guarantee 100% integrity or reliability of these tools.)
Auto Dialing (calling to leave pre-recorded messages): If a message is left on an answering machine or voice mail, a toll free number must be provided for the recipient to call to opt out of any future calls. Effective September 1, 2009, per the US Federal Trade Commission, telemarketers cannot call people with a pre-recorded message to sell goods or services, unless they have prior written (or electronic) permission from the recipient of each call, regardless of whether it is answered live or by an answering machine or voice mail. Having a previous business relationship will no longer be sufficient. The following are exempt from the prior written permission requirement: informational calls, political calls, charitable solicitation calls, and healthcare related calls that are subject to HIPPA. These rules could change from time to time.
Time of Calls: There are restrictions as to the time of day that calls may be placed. These restrictions vary from state to state, but the most common is no calling before 9 am or after 9 pm, but not before noon on Sundays.
MISCELLANEOUS RESPONSIBILITIES: The Seller and Manufacturer strive to provide the Buyer/User with the highest quality software and hardware; however, there are a number of factors that can cause system malfunctions including, but not limited to, operator error, software corruption, software bugs, telephone line problems, electrical surges, hardware defects, and computer failures. The Seller and Manufacturer and its Technicians cannot be responsible if the Buyer/User adds other software or hardware that corrupt the system or for any other malfunctions.
* The Buyer/User is responsible for making frequent backups of his or her system to protect against any loss of valuable data. It is highly recommended that a surge protector/battery backup is used to protect the valuable data and hardware. The Seller and Manufacturer and its Technicians cannot be responsible for loss of data for any reason whatsoever. The Seller or Manufacturer will not be liable for any lost revenue, lost profits, penalties, fines, legal judgments, or other expenses due to loss of data, hardware or software problems, or for any other reason.
BUYER/USER ACCEPTS 100% LIABILITY & RESPONSIBILITY: By using this product, the Buyer/User accepts 100% of the liability and responsibility regarding its use and will hold the Seller and the Manufacturer and its Technicians and Representatives completely harmless from any fines, penalties, litigation, expenses, or claims for any reason. |
