PRIVACY POLICY

Privacy Statement Effective as of August 31, 2019

iPERFEX Inc. (DBA "iPERFEX" or the "Company") is committed to protecting the privacy of your information. This Privacy Statement describes iPERFEX's information practices

1. Web Sites Covered
This Privacy Statement covers the information practices of Web sites that link to this Privacy Statement: http://www.iPERFEX.com, http://my.iPERFEX.com

iPERFEX's Web sites may contain links to other Web sites. iPERFEX is not responsible for the information practices or the content of such other Web sites. The Company encourages you to review the privacy statements of other Web sites to understand their information practices.


2. Personal Information Collected
iPERFEX offers a variety of services that are collectively referred to as the "Service." iPERFEX collects information from individuals who visit the Company's Web sites ("Visitors") and individuals who register to use the Service ("Customers").

When expressing an interest in obtaining additional information about the Service or registering to use the Service, iPERFEX requires you to provide the Company with contact information, such as name, company name, address, phone number, and email address ("Required Contact Information"). When purchasing the Service, iPERFEX requires you to provide the Company with financial qualification and billing information, such as billing name and address, credit card number, and the number of employees within the organization that will be using the Service (" Billing Information"). iPERFEX may also ask you to provide additional information, such as company annual revenues, number of employees, or industry ("Optional Information"). Required Contact Information, Billing Information, and Optional Information are referred to collectively as "Data About iPERFEX Customers."

As you navigate the Company's Web sites, iPERFEX may also collect information through the use of commonly-used information-gathering tools, such as cookies and Web beacons ("Web Site Navigational Information"). Web Site Navigational Information includes standard information from your Web browser (such as browser type and browser language), your Internet Protocol ("IP") address, and the actions you take on the Company's Web sites (such as the Web pages viewed and the links clicked).


3. Use of Information Collected
The Company uses Data About iPERFEX Customers to perform the services requested. For example, if you fill out a "Contact Me" Web form, the Company will use the information provided to contact you about your interest in the Service.

The Company may also use Data About iPERFEX Customers for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in iPERFEX, the Service, and to send you information regarding the Company and its partners, such as information about promotions or events.

iPERFEX uses Web Site Navigational Information to operate and improve the Company's Web sites. The Company may also use Web Site Navigational Information in combination with Data About iPERFEX Customers to provide personalized information about the Company.


4. Web Site Navigational Information
iPERFEX uses commonly-used information-gathering tools, such as cookies and Web beacons, to collect information as you navigate the Company's Web sites ("Web Site Navigational Information") . This section describes the types of Web Site Navigational Information the Company may collect and how the Company may use this information.

Cookies
iPERFEX uses cookies to make interactions with the Company's Web sites easy and meaningful. When you visit one of the Company's Web sites, iPERFEX's servers send a cookie to your computer. Standing alone, cookies do not personally identify you. They merely recognize your Web browser. Unless you choose to identify yourself to iPERFEX, either by responding to a promotional offer, opening an account, or filling out a Web form (such as a "Contact Me" or a "30 Day Free Trial" Web form), you remain anonymous to the Company.

There are two types of cookies: session-based and persistent-based. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer.

If you have chosen to identify yourself to iPERFEX, the Company uses session cookies containing encrypted information to allow the Company to uniquely identify you. Each time you log into the Service, a session cookie containing an encrypted, unique identifier that is tied to your account is placed your browser. These session cookies allow the Company to uniquely identify you when you are logged into the Service and to process your online transactions and requests. Session cookies are required to use the Service.

iPERFEX uses persistent cookies that only the Company can read and use to identify browsers that have previously visited the Company's Web sites. When you purchase the Service or provide the Company with personal information, a unique identifier is assigned you. This unique identifier is associated with a persistent cookie that the Company places on your Web browser. The Company is especially careful about the security and confidentiality of the information stored in persistent cookies. For example, the Company does not store account numbers or passwords in persistent cookies. If you disable your Web browser's ability to accept cookies, you will be able to navigate the Company's Web sites, but you will not be able to successfully use the Service.

iPERFEX may use information from session and persistent cookies in combination with Data About iPERFEX Customers to provide you with information about the Company and the Service.

Web Beacons
iPERFEX uses Web beacons alone or in conjunction with cookies to compile information about Customers and Visitors' usage of the Company's Web sites and interaction with emails from the Company. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Web site tied to the Web beacon, and a description of a Web site tied to the Web beacon. For example, iPERFEX may place Web beacons in marketing emails that notify the Company when you click on a link in the email that directs you to one of the Company's Web sites. iPERFEX uses Web beacons to operate and improve the Company's Web sites and email communications. iPERFEX may use information from Web beacons in combination with Data About iPERFEX Customers to provide you with information about the Company and the Service.

IP Addresses
When you visit iPERFEX's Web sites, the Company collects your Internet Protocol ("IP") addresses to track and aggregate non-personally identifiable information. For example, iPERFEX uses IP addresses to monitor the regions from which Customers and Visitors navigate the Company's Web sites.

iPERFEX also collects IP addresses from Customers whey they log into the Service as part of the Company's "Identity Confirmation" and "IP Range Restrictions" security features.

Third Party Cookies
From time-to-time, iPERFEX engages third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit the Company's Web sites. iPERFEX may also use other third-party cookies to track the performance of Company advertisements. The information provided to third parties does not include personal information, but this information may be re-associated with personal information after the Company receives it. This Privacy Statement does not cover the use of third party cookies.


5. Public Forums, Refer a Friend, and Customer Testimonials
iPERFEX may provide bulletin boards, blogs, or chat rooms on the Company's Web sites. Any personally identifiable information you choose to submit in such a forum may be read, collected, or used by others who visit these forums, and may be used to send you unsolicited messages. iPERFEX is not responsible for the personally identifiable information you choose to submit in these forums.

Customers and Visitors may elect to use the Company's referral service to inform friends about the Company's Web sites. When using the referral service, the Company requests the friend's name and email address. iPERFEX will automatically send the friend a one-time email inviting him or her to visit the Company's Web sites. iPERFEX does not store this information.

iPERFEX posts a list of Customers and testimonials on the Company's Web sites that contain information such as Customer names and titles. iPERFEX obtains the consent of each Customer prior to posting any information on such a list or posting testimonials.


6. Sharing of Information Collected
iPERFEX may share Data About iPERFEX Customers with the Company's agents so that these agents can contact Customers and Visitors who have provided contact information on our behalf. iPERFEX may also share Data About iPERFEX Customers with the Company's agents to ensure the quality of information provided. iPERFEX does not share, sell, rent, or trade personally identifiable information with third parties for their promotional purposes.

iPERFEX uses a third-party intermediary to manage credit card processing. This intermediary is not permitted to store, retain, or use Billing Information except for the sole purpose of credit card processing on the Company's behalf.

iPERFEX reserves the right to disclose personally identifiable information of the Company's Customers or Visitors if required by law or if the Company reasonably believes that disclosure is necessary to protect the Company's rights and/or to comply with a judicial proceeding, court order, or legal process.


7. Communications Preferences
iPERFEX offers Customers and Visitors who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking here or by clicking on the "unsubscribe" link located on the bottom of the Company's marketing emails. Additionally, you may send a request specifying your communications preferences to support@iPERFEX.com. Customers cannot opt out of receiving transactional emails related to their account with iPERFEX or the Service.


8. Correcting and Updating Your Information
Customers may update or change their registration information by editing their user or organization record. To update a user profile, please login to http://my.iPERFEX.com and click "Profile". To discontinue your account and to have information you maintained in the Service returned to you, please email support@iPERFEX.com. Requests to access, change, or delete your information will be handled within 30 days.


9. Customer Data
iPERFEX Customers use the Service to host data and information ("Customer Data"). iPERFEX will not review, share, distribute, or reference any such Customer Data except as may be required by law. Individual records of Customer Data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the iPERFEX Terms of Service, or as may be required by law. Customers are responsible for maintaining the security and confidentiality of their iPERFEX usernames and passwords.


10. Security
iPERFEX uses robust security measures to protect Customer Data from unauthorized access, maintain data accuracy, and help ensure the appropriate use of Customer Data. When the Service is accessed using Internet Explorer version 9.0 or later, Firefox version 2.0 or later, or Safari version 3.0 or later, Secure Socket Layer ("SSL") technology protects Customer Data using both server authentication and data encryption. These technologies help ensure that Customer Data is safe, secure, and only available to the Customer to whom the information belongs and those to whom the Customer has granted access. iPERFEX also implements an advanced security method based on dynamic data and encoded session identifications, and the Company hosts its Web sites in a secure server environment that uses firewalls and other advanced technology to prevent interference or access from outside intruders. iPERFEX also offers enhanced security features within the Service that permit Customers to configure security settings to the level they deem necessary.

Because the Company uses the Service to maintain Data About iPERFEX Customers, this information is secured in the same manner as described above for Customer Data.

11. Changes to this Privacy Statement
iPERFEX reserves the right to change this Privacy Statement. iPERFEX will provide notification of the material changes to this Privacy Statement through the Company's Web sites at least thirty (30) business days prior to the change taking effect.


12. Contacting Us
Questions regarding this Privacy Statement or the information practices of the Company's Web sites should be directed to iPERFEX Privacy by emailing support@iperfex.com


TERMS OF SERVICE

1. Overview
Welcome to the family of sites provided by iPERFEX Inc. (ìiPERFEXî). This agreement applies to all of the websites on which it is posted including iPERFEX.com (collectively ìiPERFEX Sitesî). Use and access to the iPERFEX Sites (including any rebranded or white label version of the iPERFEX Sites), and the text message, hosted telemarketing, and voice broadcast services described below (the ìServicesî), are subject to these terms and conditions of use (the ìTermsî) as well as our Privacy Policy located at http://www.iPERFEX.com/legal/privacy.

We reserve the right to change these Terms from time to time. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to use any of the iPERFEX Sites or Services after we post any such changes, you accept these Terms, as modified.

By accessing one of the iPERFEX Sites or our Services, you accept these Terms and certify that you have reviewed these Terms are within or have reached the age of majority or age 18 (whichever is greater) in your jurisdiction. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING THE SERVICES IN ACCORDANCE WITH THESE TERMS, DO NOT UTILIZE THE SERVICES PROVIDED BY iPERFEX.


2. The Services
Services described on the iPERFEX Sites may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the iPERFEX Services in accordance with all applicable guidelines as well as all country, state and federal laws that the Services are subject to.

The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, Direct Inward Dialing Numbers (ìDIDsî), messaging applications, voice broadcast applications, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send text messages and/or voice broadcasts to recipients designated by you (collectively, the ìServicesî). We provide MT outbound messages through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Services. iPERFEX only provides that the Services are processed correctly and delivered by iPERFEX to the applicable network. iPERFEX is not responsible for the final delivery of any communication initiated through iPERFEXís Services, as this is out of our control and is the responsibility of the communications carrier.

iPERFEX transmits and receives text messages and voice broadcasts via major telecommunications companies and mobile network operators, and thus iPERFEXís influence over the timing of the transmission of your messages and broadcasts is within the technical constraints imposed upon iPERFEX. While iPERFEX shall use commercially reasonable efforts to transmit your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. iPERFEX is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from iPERFEX for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.


3. Usage Policy
You represent and warrant that the owners of the phone numbers you provide to iPERFEX, to which outbound messages and broadcasts are transmitted through the Services, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through iPERFEXís Services and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association. You further agree that any individual requesting ìDo-Not-Callî (ìDNCî) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the iPERFEX Services and the iPERFEX Sites.

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 transmitted through the iPERFEX Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the iPERFEX Services by visiting the following websites:

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 (ìTCPAî), 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. iPERFEX 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 iPERFEX Sites 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 iPERFEX Sites or Services.

You accept that the Services are provided for professional use only, and you agree that your use of the iPERFEX Sites or Services shall not include:

Sending unsolicited marketing messages or broadcasts (i.e. spam);
Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
Harvesting, or otherwise collecting information about others, without their consent;
Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
Interfering with another's use and enjoyment of the Services or iPERFEX Sites; or
Engaging in any other activity that iPERFEX believes could subject it to criminal liability or civil penalty/judgment.
You agree to provide legal contact information in any outbound campaign within the initial greeting message. You further agree that iPERFEX is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and iPERFEX will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. You will provide your own sound files for all outbound campaigns. iPERFEX will not be liable for any misuse of the Services by you. iPERFEX is not responsible for the views and opinions contained in any of your messages or broadcasts.

Customer will not purposely route calls to high cost non-RBOC (Regional Bell Operating Company) areas for origination or termination of telecommunications traffic on the iPERFEX system. Calls may be monitored and reported upon each billing cycle to ensure sound traffic patterns. Excessive routing of high-cost calls will be addressed to customer by iPERFEX and fines may be assessed to recover excess charges from iPERFEX VoIP termination companies.


4. Content Submission / Discussion Areas
You agree that any information or materials that you or individuals acting on your behalf provide to iPERFEX (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 iPERFEX (other than information required for your use of the Services as contemplated herein), you grant to iPERFEX 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 iPERFEX is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to iPERFEX. In connection with such information and materials, you warrant and represent to iPERFEX that you have all rights, title and interests necessary to provide such content to iPERFEX, and that your provision of the content to iPERFEX shall not infringe any third partyís proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.

iPERFEX may at its option provide you with one or more areas within the iPERFEX Sites for online discussions (e.g. message boards, wikis, chat rooms, or blogs). Should you choose to participate in such a forum, you agree not to utilize the forum for illegal or inappropriate purposes. iPERFEX reserves the right but will not be obligated to edit or delete postings to its forums at any time and for any reason. iPERFEX shall also have no responsibility or liability for any content created or posted by you or other third parties within any online forum.


5. Username / Password
As part of the registration process you will need a username and/or password. You shall provide iPERFEX with accurate, complete, and regularly updated member profile information. You agree to notify iPERFEX 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 iPERFEXís sole discretion, and you may be reported to appropriate law-enforcement agencies.


6. Newsletter Opt-In
With the exception of Services obtained through ClubTexting.com, any email addresses submitted for a new account for use of the Services are automatically added to the iPERFEX newsletter. Any email addresses submitted to iPERFEXís agent-login screen are automatically added to the iPERFEX newsletter. To permanently unsubscribe to any iPERFEX newsletter please emailsupport@iPERFEX.com. To opt into the separate newsletter offered through ClubTexting.com, you must register at a href="http://www.clubtexting.com/join-newsletter.html" rel="nofollow" >http://www.clubtexting.com/join-newsletter.html. To permanently unsubscribe to the ClubTexting.com newsletter please email info@clubtexting.com.


7. Intellectual Property
You are permitted to access the iPERFEX Sites, the Services, and any content provided by iPERFEX (which may include text, images, hosted software, sound files, video or other content, and may be provided via the iPERFEX Sites or otherwise) solely for the purpose of receiving information about iPERFEXís business and products, purchasing and utilizing the Services, communicating with iPERFEX, entering prize promotions offered by iPERFEX, or otherwise as stated on the iPERFEX Sites. iPERFEX hereby grants a worldwide, fully paid-up, perpetual, non-exclusive, non-transferable license to you to use the iPERFEX Sites and Services solely for the purpose of operating the iPERFEX Sites and using the Services.

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 iPERFEX Sites. Except as expressly provided in these Terms, the availability of the Services and the iPERFEX Sites 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 iPERFEX Sites are the sole property of iPERFEX 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 iPERFEX Sites, including any proprietary communications protocol used by the Services or the iPERFEX Sites without the express written permission of iPERFEX. All other trademarks or trade names are the property of their respective owners.


8. Data Protection & Privacy
In order to ensure your compliance with these Terms and to ensure that iPERFEX complies with national and international laws, we may, from time to time, randomly check the messages and broadcasts that you send. Nonetheless, we are committed to maintaining the privacy of your information, pursuant to our Privacy Policy, located at http://www.iPERFEX.com/legal/privacy. Except as otherwise required for your use of the Services as contemplated herein, iPERFEX does not want you to, and you should not, send any confidential or proprietary information to iPERFEX via the iPERFEX Sites or the email addresses referenced on the iPERFEX Sites.

You further recognize that iPERFEX does not want you to, and you warrant that you shall not, provide any information or materials to iPERFEX that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.


9. Payments
Your use of the Services is contingent on your paying for such use (whether paid in advance or through the purchase of credits on the iPERFEX Sites), in the amounts and using the methods indicated on the iPERFEX Sites. Your payment for the Services, Credits (as defined below in Section 10), keywords, DIDs, usage-sensitive fees and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when iPERFEX receives the full amount of payment owed for such Services, Credits, keywords, DIDs and/or plans. You are responsible to pay for any message or broadcast you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As iPERFEX is dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.

iPERFEX will charge your indicated method of payment for the Services, Credits, keywords, DIDs and/or plans immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. To the extent that you are responsible for any additional taxes or fees beyond those collected by iPERFEX, you agree that you will pay them when due. Your account will be credited within 24 hours of iPERFEX verifying receipt of your payment. 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 iPERFEX.

iPERFEX 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 iPERFEX, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorized such purchases. Standard charges apply to any test call sent originating from your account or initiated using your API key.

In the event of accidental under billing in favor of a customer, a non-payment by customer under these Terms, iPERFEX 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, attorneysí fees incurred from counsel of iPERFEXís 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.


10. Credits
Credits are paperless vouchers that you purchase and which facilitate the transmission of the iPERFEX Services selected by you. The chosen route as well as the destination of a message or broadcast causes the amount of credits required to either increase or decrease but, in either case, will always be made known beforehand through the Pricing Page of our iPERFEX Sites. The submission of a seemingly-valid message or broadcast will cause an associated quantity of credits to be debited from your account and you can obtain the real-time status of your account at any time through the online interface.

Expiration of Credits and Prepaid Minutes
Credits purchased as a part of a package or monthly plan, and not used within the month of purchase, expire at the end of the month, unless the plan explicitly provides for roll-over of credits. Individual anytime, non-monthly plan credits purchased through your account expire after 18 months from the date of purchase (or most recent date of account recharge), at which point such credits shall expire automatically, unless otherwise stated at the time of purchase. Additionally, the value of credits may change over time as the cost of transmission changes, and thus you acknowledge that the number of credits needed to utilize the Services may change correspondingly. You may request a full refund of any unused, non-monthly plan credits within 1 business day of purchase. No other refunds will be given. Any unused value shall be forfeited upon expiration. All prices, per-minute rates, and billing increments are subject to change at any time due to fluctuations in market conditions.


11. No Warranty; Limitation of Liability
iPERFEX reserves the right to modify, suspend, or discontinue the offering of any of the iPERFEX Sites or Services at any time for any reason without prior notice. Further, while iPERFEX 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 iPERFEX Sites or Services. You acknowledge that text messages and voice broadcasts are transmitted unencrypted and that eavesdropping of communications by third parties is possible. iPERFEX recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method. iPERFEX 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. iPERFEX 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 iPERFEX 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 iPERFEX SITES AND SERVICES ARE PROVIDED ìAS ISî AND ìAS AVAILABLE,î WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, iPERFEX DOES NOT WARRANT THAT THE USE OF THE iPERFEX SITES 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., ìHACKINGî) NOR SHALL iPERFEX BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, iPERFEX MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE iPERFEX SITES OR SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. iPERFEX 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. iPERFEX 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 iPERFEX SITES OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, iPERFEX IS NOT RESPONSIBLE FOR THOSE COSTS. iPERFEX'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE iPERFEX SITES OR SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO iPERFEX HEREUNDER.


12. User Warranties; Indemnification
You warrant and represent to iPERFEX 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 iPERFEX Sites and Services, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM 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 iPERFEX and its affiliates and each of their respective officers, directors, shareholders, employees, 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 attorneysí fees, including attorneysí fees incurred from counsel selected by iPERFEX 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 iPERFEX Sites 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 iPERFEX 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 iPERFEX to you.


13. Termination, Cancellation and/or Suspension by iPERFEX
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 iPERFEX 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 iPERFEX, 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 iPERFEX Sites.


14. Termination by the User
You are free to terminate or cancel your use of the Services at any time, and for any reason. If you are on a monthly plan or pay for monthly Keywords or DIDs, login to your account, downgrade to Pay & Go and cancel any Keyword or DID subscriptions you may have. Notwithstanding the foregoing, unless due to a breach solely by iPERFEX that it fails to cure within thirty (30) days of its receipt of your notice, in no event shall iPERFEX be obligated to refund to you the reasonable value of any unused credits previously purchased by you.


15. Links to other Websites
The iPERFEX Sites may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by iPERFEX of the contents on such third-party websites. iPERFEX is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk. iPERFEX 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 iPERFEX Sites, since these websites are owned and operated by independent third parties. iPERFEX does not endorse any of the products/services, nor has iPERFEX taken any steps to confirm the accuracy or reliability of any of the information contained in such third party websites. iPERFEX 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 websites. iPERFEX strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. iPERFEX consents to links to the iPERFEX Sites which conform to the following: the appearance, position, and other aspects of any link to the iPERFEX Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by iPERFEX nor be such as to damage or dilute the goodwill associated with the name and trademarks of iPERFEX or its affiliates. iPERFEX reserves the right to revoke this consent to link at any time in its sole discretion, without notice.


16. Security Rules
You are prohibited from violating or attempting to violate the security of the iPERFEX Sites and Services and from using the iPERFEX Sites and Services to violate the security of other websites 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 iPERFEX Sites or Services, host or network, including, without limitation, via means of submitting a virus to the iPERFEX Sites, overloading, ìflooding,î ìspamming,î ìmailbombing,î or ìcrashingî; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any iPERFEX packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. iPERFEX may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting users of the iPERFEX Sites who are involved in such violations.


17. Force Majeure
iPERFEX 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 iPERFEX. In addition, iPERFEX 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.


19. Miscellaneous
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 iPERFEX in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, iPERFEX 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 e-mail; 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. iPERFEX may give notice to you by means of a general notice on the iPERFEX Sites or Services, electronic mail to your e-mail address on record in iPERFEXís account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in iPERFEX's account information.

USAGE & LIABILITY

1. Overview
YOUR COMPANY, NONPROFIT AND/OR END USER IS LIABLE FOR ALL CALLS ORIGINATING FROM YOUR ACCOUNT. PERIOD.


I, The iPERFEX`s User Or Company Representative, DECLARE THAT I HAVE READ AND AGREE TO THE TERMS OF SERVICE, AND AGREE TO THE FOLLOWING:

** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING iPERFEX WITH THE "RESPONSIBLE USE OF SERVICE" TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY iPERFEX.COM. THANK YOU. **

SECTION A, TERMS AND LIABILITY:
A. iPERFEX will not be liable for: (i) any failure of performance due to causes beyond its control, including, but not limited to, acts of God, fires, floods or other catastrophes; national emergencies, insurrections, riots or wars, acts of terrorism, strikes, lockouts, work stoppages or other labor difficulties; and any law, order, regulation or other action of any governing authority or agency thereof; or (ii) delayed installation of iPERFEX's facilities or commencement of service.

B. IN NO EVENT WILL iPERFEX BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, INCLUDING LOST PROFITS (WHETHER OR NOT iPERFEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES) BY REASON OF ANY ACT OR OMISSION IN ITS PERFORMANCE UNDER THIS AGREEMENT. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

C. iPERFEX will be indemnified, defended, and held harmless by CUSTOMER against all claims of loss or damage arising from the use of service furnished by iPERFEX, including: (i). Allegations or claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the material, data, information, or other content transmitted via iPERFEX service; and (ii). All other allegations and claims arising out of any intentional act or omission by CUSTOMER or others authorized by CUSTOMER to use the service, in connection with any service provided by iPERFEX

D. iPERFEX MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGEMENT. iPERFEX DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY ON iPERFEX'S BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT OF WARRANTY AS A WARRANTY BY iPERFEX.

E. iPERFEX will not be liable for any act or omission of any other company or companies furnishing a portion of the service, or from any act or omission of a third party, including those vendors participating in iPERFEX offerings made to CUSTOMER, or for damages associated with service, or 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 iPERFEX services.

F. iPERFEX may release my IP address and any other personal information for use by law enforcement in the case of investigations of system misuse.

G. I AGREE AND CONFIRM THAT THE NUMBERS SELECTED FOR UPLOAD FOR THIS CAMPAIGN HAVE BEEN SCRUBBED AGAINST ALL REQUIRED FEDERAL AND STATE DO-NOT-CALL LISTS, AND HEREBY ACCEPT FULL LIABILITY AND LEGAL RESPONSIBILITY FOR THE DIALING OF THESE NUMBERS.
SECTION B, RESPONSIBLE USE OF SERVICE:
The following information is provided in an effort to promote responsible use of the iPERFEX service.

The iPERFEX service places the ability to launch an entire telemarketing campaign in the hands of you the subscriber. iPERFEX respects your privacy. We will not monitor your audio messages, read or share database upload information with any third party without your expressed permission unless we believe in good faith that such action is necessary to either comply with the the law or properly enforce the iPERFEX terms of service agreement. Since it is you the subscriber who creates the audio announcement, provides the calling list, and most importantly launches your own calling campaign, we here at iPERFEX feel it necessary to provide you the subscriber with the following information in an effort to insure that all iPERFEX subscriber calling campaigns are conducted responsibly.

IN ACCEPTING THIS ONLINE AGREEMENT, YOU FORMALLY AGREE TO THE FOLLOWING USAGE TERMS:
I Agree that:

Prior to using iPERFEX I will make sure that I am familiar with any Federal or State Laws that would be applicable to my call campaign.
This campaign will be respectful of proper calling time restrictions that would be applicable to my specific call campaign.
I understand that I may contact iPERFEX if wish to upload an existing do not call list. In the event a recipient makes a request to be taken off my calling list, I will do so immediately and indefinitely.
I understand that allowing those on my calling list to be removed and avoiding calls to those who do not wish to be called plays a very important role with regard to responsible calling campaigns.
I will Follow Federal and State calling time rules and or restrictions.
I will clearly state the identity of the caller at the beginning of my audio message and provide proper contact information such as phone number and address during call. I will avoid strings of numbers as it is unlawful to engage two or more lines of a multi-line business.
I understand that it is unlawful to send audio messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
I will avoid sending unsolicited audio messages to those who will incur charges. For example: beepers, pagers or cell phones unless proper prior permission has been obtain by the recipient.
I will avoid sending pre-recorded sales messages to those with whom you do not have a business relationship and to whom you haven't received permission to call.
I understand and have read the iPERFEX Terms of Service (Reachable by clicking the "Terms of Service" link at the bottom of the main page.)
ANY BREACH OF THE PREVIOUS TERMS IS CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. iPERFEX INC SAVES (BUT DOES NOT OTHERWISE UTILIZE) ALL DATA FROM YOUR DIALING CAMPAIGNS.
iPERFEX INC MAKES AVAILABLE ALL DIALING INFORMATION TO THE FCC, POLICE, AND ANY OTHER U.S. AUTHORITIES, INCLUDING, BUT NOT LIMITED TO, PHONE NUMBERS DIALED, PERSONAL CONTACT INFORMATION, SAN NUMBERS, AND CALL HISTORY.

The Telephone Consumer Protection Act (TCPA), the Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) do not call list registry rules http://www.donotcall.gov and various State laws place restrictions on certain types of phone calls. Typically a call may be exempt from the TCPA if the call:

Is made on behalf of a non-profit organization.
Is made to a consumer with whom the calling company has an existing business relationship.
Business to business contact.
Does not include an unsolicited advertisement, even if the call is made for commercial purpose.
Is survey work.
Recipient provides proper consent prior to playing the "recorded solicitation". iPERFEX has a "permission based introduction" feature that can be used free of charge. This feature allows only those consumers who have provided proper permission to listen to the "recorded solicitation" part of the call. If permission is not granted, then the solicitation is not presented.
iPERFEX is in no way attempting to interpret the TCPA of 1991 nor the laws of any State. This information provided is not intended to replace the responsibility of you the subscriber to check out the legal requirements pertaining to your call campaign prior to using iPERFEX services. You are ultimately responsible to make your own informed decisions regarding your call campaign.

** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS SITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING iPERFEX WITH THE "RESPONSIBLE USE OF SERVICE" TERMS DESCRIBED ABOVE, DO NOT UTILIZE SERVICES PROVIDED BY iPERFEX.COM. THANK YOU. **.

Responsible Use
Customer agrees to familiarize themselves with any additional International, Federal, State, or local laws governing your dialing.
Customer agrees to place *ANY* individual requesting DNC status, on Customer's accounts DNC list, immediately.
Customer agrees to provide legal contact information in any outbound campaign within the initial greeting message.
Customer agrees to provide own sound files for all outbound campaigns.
Customer agrees to provides all data and with this ability agrees to responsibly dial each campaign with courtesy to the recipients for which it is meant.
Customer agrees to schedule campaigns responsibly.
Customer agrees not to send any calls to life-line services, such as hospitals, fire, police, 911, or utility related telephone numbers.
Customer agrees to not send any sales outbound broadcasts to recipients that have not consented to receiving such a broadcast.
Customer agrees to use DNC / opt-out features made available to you via iPERFEX.
Customer agrees to consult with an attorney before dialing any data for which customer is unfamiliar, or if legalities of dialing remain unclear to Customer