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TERMS OF SALE

PRIVACY POLICY

RETURN POLICY 

DISCLAIMER

Acceptance of Contract Terms

The following are terms of a legal agreement between you and USAutodialer. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by USAutodialer from its offices within the United States. USAutodialer makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of South Carolina.

Use Restrictions

The copyright in all material provided on this site is held by USAutodialer or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of USAutodialer or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without USAutodialer permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. Government Restricted Rights

The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of USAutodialer proprietary rights in them. A partial list of U.S. Trademarks owned by USAutodialer follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of USAutodialer should be referred to USAutodialer at 803-748-8488. The Trademarks followed by an asterisk (*) are registered trademarks of USAutodialer.

The USAutodialer Trademarks and Servicemarks

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL USAUTODIALERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF USAUTODIALERS OR A AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU

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TERMS OF SALEPLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to purchases from USAutodialer entity named on the invoice ( "USAutodialer" ) that will be provided to you ( "Customer" ) on orders for computer systems and/or related products sold in the United States. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from USAutodialer. By accepting delivery of the computer systems and/or other products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH USAUTODIALERS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER USAUTODIALERS STANDARD TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice at any time, at USAutodialer sole discretion.

1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and USAutodialer, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and USAutodialer.

2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
SOUTH CAROLINA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within USAutodialer's sole discretion, and unless otherwise agreed to by USAutodialer, payment must be received by USAutodialer prior to USAutodialer acceptance of an order. Payment for the products will be made by credit card, or some other prearranged payment method unless credit terms have been agreed to by USAutodialer. Invoices are due and payable within the time period stated on the invoice, measured from the date of the invoice. USAutodialer may invoice parts of an order separately. Orders are not binding upon USAutodialer until accepted by USAutodialer. Any quotations given by USAutodialer will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.

4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on USAutodialer invoice(s). Unless Customer provides USAutodialer with a valid and correct tax exemption certificate applicable to the product ship-to location prior to USAutodialer acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for USAutodialer franchise taxes and taxes on USAutodialer net income. If applicable, a separate charge for taxes will be shown on USAutodialer invoice.

5. Title; Risk of Loss. Title to products passes from USAutodialer to Customer on shipment from USAutodialer facility. Loss or damage that occurs during shipping by a carrier selected by USAutodialer is USAutodialer responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO THE USAUTODIALERS PRODUCTS ARE INCLUDED IN THE DOCUMENTATION. USAUTODIALERS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN USAUTODIALERS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND USAUTODIALERS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON USAUTODIALERS RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

7. Return Policies. Systems and parts that are purchased directly from USAutodialer by an end-user Customer may be returned by Customer in accordance with USAutodialer's "Return Policy" in effect on the date of the invoice. All Returns must have a Returns Material Authorization (RMA) number to be processed per the USAutodialer "Return Policy".

8. Exchanges. From time to time, USAutodialer may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with USAutodialer's exchange policies in effect on the date of the exchange.

9. Products. USAutodialer's policy is one of ongoing product update and revision. USAutodialer may revise and discontinue products at any time. USAutodialer will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building USAutodialer products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.

10. Limitation of Liability.  DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET
FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. USAUTODIALERS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES,  USAUTODIALERS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

11. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST, USAUTODIALERS its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "USAutodialer") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), USAutodialer advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.comhttp://www.arb-forum.com/ , or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and USAutodialer. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the NAF at
P.O. Box 50191, Minneapolis, MN 55405 . PROVIDED, HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES NOT APPLY TO CLAIMS AGAINST USAUTODIALERS ARISING UNDER THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE PURSUED IN ANY COURT OF COMPETENT JURISDICTION.

12. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the
United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. USAutodialer has separate terms and conditions governing re-sales.

13. Service and Support. USAutodialer endeavors to provide the best customer and technical telephone support in the personal computer industry. For end-user Customers, USAutodialer promises that its support people will attempt to handle over the telephone any problem involving products sold by USAutodialer. However, USAutodialer support people may not be able to understand or resolve any given problem and Service offerings may vary from product to product. USAutodialer has no obligation to provide service or support until USAutodialer has received full payment for the product or service/support contract for which service or support is requested. USAutodialer will make on-site service available to Customer in the
United States in accordance with the then-current terms and conditions set by USAutodialer and/or the third-party service provider.

14. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

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PRIVACY POLICY

USAutodialer and its subsidiaries are committed to respecting and protecting your privacy. We've structured our web sites so that, in general, you can visit USAutodialer on the Web without identifying yourself or revealing any personal information.

Once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your customer relationship with USAutodialer
.

Awareness

USAutodialer provides this Online Privacy Statement to make you aware of our privacy policy, practices and of the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and from the bottom of every USAutodialer.com, its subsidiaries' and affiliates' web pages.

What we collect

On some USAutodialer web pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are name, contact and billing information, transaction, and credit card information. On the e-file, you supply the personal and business contact information you choose. In order to tailor our subsequent communications to you and continuously improve our products and services (including registration), we may also ask you to provide us with information regarding your personal or professional interests, demographics, experience with our products, and more detailed contact preferences. Some electronic newsletters record anonymous data about articles you have expressed interest in. Some usautodialer.com web pages use cookies, a data analysis technique.

How we use it

USAutodialer uses your information to better understand your needs and provide you with better service. Specifically, we use your information to help you complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize our web sites for you. Credit card numbers are used only for payment processing, fraud protection, and are not retained for other purposes. From time to time, we may also use your information to contact you for market research or to provide you with marketing information we think would be of particular interest. At a minimum, we will always give you the opportunity to opt out of receiving such direct marketing or market research contact. We will also follow local requirements, such as allowing you to opt in before receiving unsolicited contact, where applicable.

Who we Share it with

USAutodialer will not sell, rent, or lease your personally identifiable information to others. Unless we have your permission or are required by law, we will only share the personal data you provide online with other USAutodialer entities and/or business partners who are acting on our behalf for the uses described in "how we use it". Such USAutodialer entities and/or business partners, including those in the United States and/or any other countries, are governed by our privacy policies with respect to the use of this data and are bound by the appropriate confidentiality agreements.

Children's Privacy Protection

USAutodialer takes special care to protect the privacy needs of children under the age of 13 and encourages parents to be an active participant in their child's online activities and interests. We abide by the Children's Online Privacy Protection Act (COPPA) requirements. The vast majority of USAutodialer web sites do not target and are not intended for children under the age of 13. USAutodialer's web sites that do not target children will not knowingly collect data from them. If we discover personal data from a child through an adult oriented site, we will eliminate that data.

USAutodialer will not use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without first letting you know and offering you a choice. As previously stated, we will also provide you the opportunity to let us know if you do not wish to receive unsolicited direct marketing materials from us and we will do everything we can to honor such requests. Local country laws and policies are applied where they differ from those in the U.S. Your permission is always secured first, should we ever share your information with third parties that are not acting on our behalf and governed by our privacy policy.

Accuracy & Access

USAutodialer strives to keep your personally identifiable information accurate. We will provide you with access to your information, including making every effort to provide you with online access to your registration data so that you may view, update or correct your information at the USAutodialer site where it was submitted. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make corrections. To access your personally identifiable information, return to the web page where you originally entered it and follow the instructions on that web page. To opt-out of USAutodialer contact, provide your name, email and/or address and relevant information about subscriptions or registrations you may have with USAutodialer. This opt-out will cancel all marketing and support communication and newsletters, including software driver subscriptions. Certain areas of USAutodialer's web sites may limit access to specific individuals through the use of passwords and through providing personally data.

Links to third party web sites on the site are provided solely as a convenience to you. If you use these links, you will leave the USAutodialer' site. USAutodialer has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their privacy policy. Thus, USAutodialer does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so at your own risk.

Security

USAutodialer is committed to ensuring the security of your information. To prevent unauthorized access or disclosure, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. We use encryption when collecting or transferring sensitive data such as credit card information. Preventing credit card fraud is important to protect your personal financial data security. As part of real-time payment processing, USAutodialer subscribes to a Fraud Risk Management Service. The Service gives you and USAutodialer an extra level of protection to guard against credit card fraud. The secure data transfer and validation process between the Service and USAutodialer is bound by contractual and confidentiality agreements.

RETURN POLICY    

We at USAutodialer try to keep costs down so that we can offer our customers the best prices. So please do your research before you buy. USAutodialer's staff will be happy to share any information we have on any product to help you make an informed decision. All defective products must be returned within 72 hours. To send a damaged or defective item back you must call USAutodialer at 803-749-8488 to obtain a return authorization number. If the product is damaged from shipping, you must notify FEDEX immediately to submit a damage claim and contact USAutodialer within 24 hours. If the product is defective we will pay to have FEDEX pick the item up. If the product is damaged from shipping, you must notify FEDEX immediately to submit a damage claim and contact USAutodialer within 24 hours.The return authorization number must be written on the outside of the shipping carton. All returned products must be conspicuously labeled with the assigned RMA number and be accompanied by a copy of the original invoice. Unauthorized returns will be refused and will be returned to the sender at his or her expense. The purchaser is responsible for all shipping costs, including initial freight, on merchandise returned to usautodialer.com for exchange or warranty repairs. We will replace any defective items returned to us. We will only issue refunds on new software that a key code HAS NOT been issued for. Once a key code is issued, no software can be returned or refunded. We guarantee and will offer the 30 day money-back on all new merchandise, but any used system, custom system, recertified system, custom software, custom scripts, rebuilding of hard drives, custom installation of the customer's computer with software, hardware, may not be returned except for repairs/replacement.

New Dialogic Boards come with a lifetime warranty with Dialogic and user must go to Dialogic's Technical support website at http://www.intel.com/support/motherboards/draform.htm to request a RMA number from Dialogic for returns and repairs. All Recertified Dialogic Boards carry a (1) one year replacement if defective.

USAutodialer cannot accept exchange items unless they are defective. Items that are returned more than 30 days after delivery, are in un-sellable condition, or have missing parts may be charge a restocking fee. Returns due to a lack of technical understanding or interest in getting an item to work properly will be subject to a 25 % restocking fee, with no exceptions

The SalesStationPro, and WinleadAutodialer Software has been installed on over 10,000 computers worldwide. 

* Free Shipping is limited to the Continental US only.

Disclaimer

National, Federal and State Law may impose restrictions on the ability to solicit by telephone or facsimile. Laws vary from jurisdiction to jurisdiction and a violation of such laws may result in significant penalties and other sanctions. USAutodialer accepts no liability whatsoever for your using software products contrary to the laws and regulations in force in your area of operation of the software.

Any person intending to use USAutodialer products for solicitation purposes should consult with their own counsel to determine the extent, if any, of permissible solicitation activities. We recommend you seek technical advice to ensure the software product is configured in such a way as to ensure it complies with the relevant laws in your area of operation.

By using the software products you agree to comply with national, local, state, and federal laws, and you acknowledge that compliance with such laws may limit your use of the Product for certain applications, including, but not limited to direct marketing and telemarketing applications. Under no circumstances will USAutodialer, the producers or their authorized distributors be liable in any way for any violation of applicable laws in the jurisdiction/s where you operate the USAutodialers software products.

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