TCPA Protect (“TCPAP” or “the Service”) provides Telephone Consumer Protection Act Compliance guidance and information. Use of and access to TCPAP are subject to these Terms and Conditions of use (the “Terms”). TCPAP reserves the right to change these Terms from time to time.
IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY TCPAP.
TCPAP will provide a data hygiene service to customers wishing to marketing to leads. TCPAP reserves the right to offer additional services in the future.
Credit Card Authorization
By accepting these terms You authorize TCPAP INC to charge your credit card for the agreed upon amount. Subscription charges will be due on the 1st of each month.
All information will remain confidential and held by our secure merchant processor.
Changes to the Terms
TCPAP reserves the right to change these Terms from time to time. Any changes to these Terms will be posted on TCPAP. Subscribers acknowledge their responsibility to review these Terms frequently and to be aware of any such changes. By continuing to use the Service after any change is posted, Subscribers accept these Terms as modified.
TCPAP further reserves the right to do the following, at any time and without prior notice:
- Amend or revise the Terms;
- Change the site and/or its services, including eliminating or discontinuing any content or feature;
- Impose fees, charges or other conditions for use of the site and/or its services, with three business days notice:
- Refuse to provide a subscription to the site and/or its services to any person(s) or entity for any reason; and
- Terminate an existing subscription to the site and/or its services as TCPAP may determine is appropriate in its sole and absolute discretion.
Changes to the Terms will be effective three business days after the changes are posted on the Site. Subscribers’ use of the Service after such posting is considered to constitute acceptance of such changes.
You agree that you will include clear optout/unsubscribe information on your messages or broadcasts when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals requesting “DoNotCall” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or broadcasts to any individuals after they request DNC status. You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts that you create and initiate through the TCPAP Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the TCPAP Services by visiting the following website: • Federal Trade Commission, http://www.ftc.gov • Federal Communications Commission, http://www.fcc.gov • DoNotCall Registry Info, http://www.donotcall.gov The Telephone Consumer Protection Act (“TCPA”), the Federal Trade Commission, the Federal Communications Commission, the DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls and text messages. TCPAP is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the TCPAP site or Services.
You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts, and campaigns. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts, and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the TCPAP site or Services.
Subscriber accepts all liability if you choose to send to a phone number or individual that is included on our TCPAP exclusion list.
SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THEIR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH THEIR ACCOUNTS. By subscribing to the Service, Subscribers agree to accept responsibility for all activities that occur under or through use of their subscription account or password.
Content Submission / Discussion Areas
You agree that any information or materials that you or individuals acting on your behalf provide to TCPAP (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. By providing any such information or materials to TCPAP (other than information required for your use of the Services as contemplated herein), you grant to TCPAP an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials, and you further agree that TCPAP is free to use any ideas, concepts or knowhow that you or individuals acting on your behalf provide to TCPAP. In connection with such information and materials, you warrant and represent to TCPAP that you have all rights, title and interests necessary to provide such content to TCPAP, and that your provision of the content to TCPAP shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
Username / Password
As part of the registration process, you will need a login handle and/or password. You shall provide TCPAP with accurate, complete, and regularly updated member profile information. You agree to notify TCPAP of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in TCPAP’s sole discretion, and you may be reported to appropriate law enforcement agencies.
You are permitted to access the TCPAP site, the Services, and any content provided by TCPAP (which may include text, images, hosted software, sound files, video or other content, and may be provided via the TCPAP site or otherwise) solely for the purpose of receiving information about TCPAP’s business and products, purchasing and utilizing the Services, communicating with TCPAP, or otherwise as stated on the TCPAP site.
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Services, including the web pages that are part of the Services and the TCPAP site. Except as expressly provided in these Terms, the availability of the Services and the TCPAP site does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the TCPAP site are the sole property of TCPAP or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not copy, reproduce, retransmit, modify, alter, create any derivative works, reverse engineer, decompile, or disassemble any portion of the Services or TCPAP site, including any proprietary communications protocol used by the Services or the TCPAP site without the express written permission of TCPAP. All other trademarks or trade names are the property of their respective owners, and such material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner. TCPAP abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by TCPAP that is claimed to be infringing, in which case we will make a good faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
Notice of Infringing Material
Data Protection & Privacy
Subscribers’ use of the Service is contingent on their paying for such use in the amounts and using the methods indicated on the Service. TCPAP has the right to cancel service and block site access without notice beginning three business days after payment is delinquent.
Payment for the subscription(s) will be made on the date you place your order for the Services. The subscription term(s) will commence on the date you register for the Services and continue until terminated as provided below. The term and extent of your services will depend on the subscription option you select during registration. Current subscription rates are available on the description of services page. You will pay for your subscription to the Services on a monthly basis. Subscriber will be billed on the 1st of the month, with the first month prorated depending on the start date.
TCPAP reserves the right to refuse its services to anyone, either current subscriber or potential subscriber, with or without any reasons. TCPAP also reserves the right to immediately cancel any subscription when a dispute or chargeback is filed on a previous payment, without refunding any unused portion. TCPAP does not refund any payments (used or unused) for the services subscribed by you. Your subscription(s) will automatically renew each month according to the payment plan you agreed to and authorized at the time of purchase, unless you notify. TCPAP five days prior to each monthly renewal of your decision not to renew your subscription pursuant to the provisions set forth herein below. If you do not notify TCPAP, the then-applicable subscription fee(s) will be billed automatically to the credit card then designated on. TCPAP’s records for the next 30-day service period
If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by TCPAP.
To the extent that you are responsible for any additional taxes or fees beyond those collected by TCPAP, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed. TCPAP shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method. As between you and TCPAP, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. In the event of accidental under billing in favor of a customer or a nonpayment by customer under these Terms, TCPAP shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of TCPAP’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.
Notwithstanding the above, TCPAP may, in its sole discretion, offer customized plans that provide for individualized terms. The terms of such customized plans will be made known and governed by the Pricing Page of our TCPAP site.
No Warranty; Limitation of Liability
TCPAP reserves the right to modify, suspend, or discontinue the offering of the TCPAP site or Services at any time for any reason without prior notice. Further, while TCPAP utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the TCPAP site or Services. You acknowledge that text messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. TCPAP recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. TCPAP shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. TCPAP will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in TCPAP offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE TCPAP SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, TCPAP DOES NOT WARRANT THAT THE USE OF THE TCPAP SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL TCPAP BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, TCPAP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE TCPAP SITE OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. TCPAP MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. TCPAP SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE TCPAP SITE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, TCPAP IS NOT RESPONSIBLE FOR THOSE COSTS. TCPAP’s TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE TCPAP SITE OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO TCPAP HEREUNDER.
User Warranties; Indemnification
You warrant and represent to TCPAP that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the TCPAP site and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CANSPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing. You agree to indemnify and hold harmless TCPAP and its affiliates and each of their respective officers, directors, shareholders, agents, contractors, representatives, content providers and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected by TCPAP in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, governmental investigation or enforcement action based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the TCPAP site or Services. You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, governmental investigation or enforcement action, but we reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and that is otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to TCPAP by you as a direct result of a violation of local, state, national or international laws and regulations, including but are not limited to those damages that may arise from your fraudulent, intentional or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing and/or services provided by TCPAP to you.
Termination, Cancellation and/or Suspension by TCPAP
If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you. Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and TCPAP shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by TCPAP, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties. The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services or TCPAP site.
Termination by the User
Subscribers are free to terminate or cancel their use of the Service at any time, and for any reason, unless otherwise stated in your contract. Please contact support for assistance in cancellation. Notwithstanding the foregoing, unless due to a breach solely by TCPAP that it fails to cure within thirty (30) days of its receipt of notice, TCPAP is not obligated to refund to Subscribers the portion or share of a payment for the period (days or weeks) after cancellation.
Links to Other Website
The TCPAP site may contain links to third-party website. These links are provided solely as a convenience to you and not as an endorsement by TCPAP of the contents of such third-party website. TCPAP is not responsible for the content of linked third-party website and does not make any representations regarding the content or accuracy of materials on such third-party website. If you decide to access linked third-party website, you do so at your own risk. TCPAP cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the TCPAP site, since these websites are owned and operated by independent third parties. TCPAP does not endorse any of the products/services, nor has TCPAP taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party website. TCPAP does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such website. TCPAP strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. TCPAP consents to links to the TCPAP site which conform to the following: the appearance, position, and other aspects of any link to the TCPAP site may neither create the false appearance that an entity or its activities or products are associated with or sponsored by TCPAP nor be such as to damage or dilute the goodwill associated with the name and trademarks of TCPAP or its affiliates. TCPAP reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
You are prohibited from violating or attempting to violate the security of the TCPAP site and Services and from using the TCPAP site and Services to violate the security of other website by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the TCPAP site or Services, host or network, including, without limitation, via means of submitting a virus to the TCPAP site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCPAP packet header or any part of the header information in any email, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. TCPAP may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in prosecuting users of the TCPAP site who are involved in such violations.
TCPAP shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of TCPAP. In addition, TCPAP shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.
Choice of Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada. Except as hereinafter provided, any dispute arising under these Terms shall be settled and determined by binding arbitration in Las Vegas, Nevada in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§116, as amended (the “Federal Arbitration Act”), to the exclusion of state laws inconsistent therewith. The terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) then in effect shall apply except to the extent they conflict with the express provisions of this paragraph. A single independent arbitrator shall conduct the arbitration. The parties shall endeavor to select the independent arbitrator by mutual agreement. If such agreement cannot be reached within thirty (30) days after a dispute has arisen which is to be decided by arbitration, the selection of the arbitrator shall be made in accordance with the Rules as then in effect. The arbitrator shall be a member of a state bar engaged in the practice of law in the United States or a retired member of a state or the federal judiciary in the United States. The award of the arbitrator shall be based on the evidence admitted and the substantive law and shall contain decision and, if appropriate, an award for each claim and counterclaim. The award shall be made within thirty (30) days following the close of the final hearing and the filing of any post-hearing briefs authorized by the arbitrator, and such award shall set forth in writing the factual findings and legal reasoning for such award. The arbitrator may, in his/her discretion, award to any party specific performance or injunctive relief (the foregoing is not intended to limit TCPAP’s access to the courts to the extent provided below). The arbitrator may not change, modify, or alter any express condition, term, or provision of these Terms or the extent the scope of their authority is expressly limited. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding upon the parties and no appeal of any kind may be taken.
Judgment may be entered thereon in any court having jurisdiction thereof. Each party shall be entitled to inspect and obtain a copy of nonprivileged relevant documents in the possession or control of the other party. All such discovery shall be in accordance with procedures approved by the arbitrator. Unless otherwise provided in the award, each party shall bear its own costs of discovery. The statute of limitations applicable under Arizona law to the commencement of a lawsuit shall apply to the commencement of arbitration hereunder. Anything in the foregoing paragraph to the contrary notwithstanding, TCPAP may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of these Terms. These Terms are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to TCPAP are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.
The failure of either party to exercise, in any respect, any right provided for, herein, will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TCPAP in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, TCPAP will be entitled to recover costs and attorneys’ fees if it substantially prevails. All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. TCPAP may give notice to you by means of a general notice on the TCPAP site or Services, electronic mail to your email address on record in TCPAP’s account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in TCPAP’s account information.