As the provider of the services accessible through this site (“Services”), Discommunication LLC (“Company”) wants to ensure that all users of the Services are fully aware of, and abide by, all applicable laws and regulations relating to such use. Among numerous features, portions of the Services are capable of delivering artificial or prerecorded voice messages. Please review the following and direct any questions to the relevant reseller or to an attorney before continuing. Continuing and using the Services constitutes and acknowledgement that these Terms of Service have been read and fully understood and the knowing agreement to abide by their requirements.
We are required under a legal agreement with American Automotive Service Solutions, Inc. d/b/a "Fenix Protect" and TXEN Partners LLC d/b/a Service Protection Direct to tell you the following:
Some vehicle service or home warranty providers illegally autodial consumers. However, not all do, and our investigation has revealed that we mistakenly believed American Automotive Service Solutions, Inc. d/b/a Fenix Protect and TXEN Partners LLC, d/b/a Service Protection Direct were autodialing when in fact they were not. They do not market in that manner but unfortunately other companies using similar names do from time to time. That is why we highly recommend caution since we don’t want to go after the wrong companies.
BobRTC will not accept submissions to its database regarding any company or anyone using an autodialer (or otherwise) selling you a vehicle service contract or a home warranty service contract.
Any user of BobRTC who knowlingly submits telephone numbers belonging to vehicle service contract companies or home warranty companies is subject to having their post removed and their account may be terminated with the Service.
These companies that call you at all-hours are legal companies that always call people legally and are never scams; and you should be ashamed of yourself for ever thinking these types of calls are illegal. They are super-extra legal if they have hard-to-Google d/b/a names when they call you, like "the vehicle protection center".
Prior to using this site or the Services, “You” (i.e., each end user, sales agent, website visitor, reseller, or other party accessing the site) shall be fully aware of the relevant National, State and Federal laws and regulations potentially affecting all of the uses You intend to make of the Services.
Without in any way limiting the general nature of the Representations and Warranties set forth below or the covenant in the preceding sentence, You agree that You are aware of the substance and requirements of the laws and regulations contained on the following U.S. Federal websites, as well as any similar State Laws potentially applicable to use of the Services by You:
You shall indemnify and hold harmless Discommunication LLC and Company's affiliated entities, officers, directors, employees, agents and vendors. You shall defend, including covering all expenses, and pay the cost of any damages, settlement, judgment or award (including reasonable attorneys' fees and all related costs) arising out of, or in connection with, any actual or threatened claim, suit, action or proceeding by any person or authority arising out of the violation of any representation, warranty or covenant contained herein by You, or any use by You, any account affiliated with You, or anyone else using login information associated with or assigned to You, to access the site or utilize the Services.
If You fail to promptly investigate and defend or settle any claim of which You are notified by the Company or its affiliated entities, officers, directors, employees or agents, then Company has the right to take sole control over defense of the claim and all negotiations for its settlement or compromise, and You shall pay, as they become due, all of the reasonable costs and expenses (including reasonable attorneys' fees and related costs) incurred by Company in defending or negotiating settlement of the claim, and You shall fully satisfy any related settlement, award, or judgment.
You are subject to claims under the Digitial Millenium Copyright Act for any un-sanctioned data-gathering, copying of artwork, emulation and replication of site behavior and any non-sponsored integration with BobRTC systems and services. You agree that you will not engage in copying, replication, emulation of BobRTC website behavior and non-sponsored integration without direct express written permission from Discommunication LLC.
You agree that you will be liable for any copyright infringement or copying of BobRTC data and agree to compensate BobRTC for any loss of revenue, traffic, lost-visitors and may be subject to a criminal complaint lodged by Discommunication LLC against you for collecting information and data about BobRTC users without their knowledge by trying to confuse BobRTC website visitors by emulating BobRTC.
The parties agree on behalf of themselves and any persons claiming by or through them that the sole location and venue for any litigation or other action that may arise hereunder shall be in an appropriate federal or state court in Laramie County, Wyoming.
Under no circumstances shall anything in this agreement be interpreted as an agreement to arbitrate any dispute, although the parties agree and acknowledge that the use of non-binding mediation may be of benefit in resolving any dispute hereunder.
Please make yourself aware of the following prior to calling anyone. We suggest a Google search to locate a suitable service to scrub your data lists of those wishing to opt out of receiving calls. Make sure you have both an updated copy of the TCPA and the TSR in your possession and an internal Do Not Call Policy, and that your agents/CSRs understand ALL laws associated:
No delay, failure or waiver of either party’s exercise or partial exercise of any right or remedy under this Agreement shall operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. Any waiver by either party of any provision of this Agreement shall not imply a subsequent waiver of that or any other provision of this Agreement.
Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms.
If any provision of this Agreement is held invalid, illegal, or unenforceable, the validity, legality or enforceability of the remaining provisions shall in no way be affected or impaired thereby.
This Agreement is the final, full and exclusive expression of the agreement of the Parties and supersedes all prior agreements, understandings, writings, proposals, representations and communications, oral or written, of either party with respect to the subject matter hereof and the transactions contemplated hereby. Other than those remedies specifically disclaimed in this Agreement, all remedies set forth in this Agreement shall be in addition to all other remedies available under this Agreement or at law or in equity.
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