Last Updated: May 28, 2020
YOU AGREE THAT YOU WILL NOT USE DIAL ENSEARCH INC WHILE DRIVING OR OPERATING A MOTOR VEHICLE.
Please read these Terms and Conditions (the “Terms”, or “Terms and Conditions”) carefully before using the www.dialensearch.com website, mobile site, our business directory or any other Internet-facilitated services (collectively, the “Services”) operated or otherwise provided by Dial EnSearch Inc (“us”, “we”, “our”, “company”, “Dial EnSearch Inc”, or “DESI22”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms without modification or rejection of any portion hereof. These Terms apply to all visitors, users and others who access or use the Service (“Member”, “you” or “user(s)”).
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not user or access the Service. We reserve the right, at any time, to modify, alter, or update these Terms and Conditions without prior notice. You agree that your use is deemed to be a voluntary consent to abide and be bound by the these Terms, and each amendment, modification or update to these Terms as and when made and effective. Modifications shall become effective immediately upon being posted at https://www.dialensearch.com/terms-and-conditions . Except as provided in this paragraph, these Terms may NOT be amended. Notwithstanding anything in these Terms to the contrary, no user may modify, reject, or amend all or any portion of the Terms in any way except to immediately cease using any of the Services.
1. Description of Service
Our Services include online advertising and marketing services for repair facilities, roadside services, towing and recovery and other transportation related locations and services across the United States. Our Services are organized to provide an online accessible business directory for advertisers (“Advertisers”) and provides users access to business and Advertiser listings within the user’s immediate area and across the United States. Users must provide (1) all equipment necessary for their own Internet connection, including but not limited to any computer, phone, internet-enabled mobile device and (2) provide for the user’s access to the Internet, and (3) pay any fees arising out of or related to such Internet connection.
2. Member Accounts
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities that occur under their account whether authorized or not authorized. Members agree to notify Dial EnSearch Inc of any unauthorized use of a Member’s account or any other breach of security known or reasonably should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Dial EnSearch Inc.
3. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by Advertisers or other businesses (collectively, “Vendors”) or collected from publicly available sources. While Dial EnSearch Inc attempts to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Such information is provided on an AS-IS, WHERE IS, basis and WITH ALL FAULTS. Dial EnSearch Inc makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
4. Modifications and Interruption to Service
Dial EnSearch Inc reserves the right to modify or discontinue the Service with or without notice to the Member. Dial EnSearch shall not be liable to Member or any third party should Dial EnSearch Inc exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Dial EnSearch Inc does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Prohibited Uses
You are granted a non-exclusive, non-transferable, revocable license to access and use of Dial EnSearch Inc Services strictly in accordance with these Terms. As a condition of your use of these Sites, you represent and warrant to us that you are not and you covenant and agree tht you will not use the Services to recreate the information provided by or contained in the Services or compete with us, to solicit or harass our Advertisers or any Vendors, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Dial EnSearch Inc for any such damages, and will indemnify Dial EnSearch Inc in the event of any third party claims against us based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any of our sites or services at any time. All information about our Advertisers is confidential and for your personal use only. If it is determined or suspected by Dial EnSearch Inc in its sole discretion that you are misusing or attempting to misuse or circumvent our Services, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, use of bots, scraping content, infiltrating, fraud, advertising, jamming and spamming, we reserve the right, in our sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
7. Information Provided to Us
Upon using Dial EnSearch Inc, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, on our website or apps. Some of this information may be sent to Advertisers who will need this information to respond to your request.
By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Advertisers and providers via phone, including mobile phone, text message, SMS, MMS, fax, email, mail or other ELECTRONIC oR SIMILAR means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails.
You agree that by completing a search request, you agree to be contacted by Dial EnSearch Inc and/or its partners and Advertisers. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages Dial EnSearch Inc intends to send to you are not sent to another entity who acquires such mobile telephone number. You promise that all information you provide (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Dial EnSearch Inc has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dial EnSearch Inc has the right to refuse any current or future use of its Services by you. You are responsible for any use of the Dial EnSearch Inc Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO DIALENSEARCH INC AND ITS PARTNERS AND ADVERTISERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO DIAL ENSEARCH INC.
8. Intellectual Property
All content included as part of the Service and Sites, such as text, graphics, logos, images, video, audio, as well as the compilation thereof, and any proprietary software use on the Sites, is the property of Dial EnSearch Inc and is protected by federal copyright, trademark and patent laws. Intellectual property rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services. You also agree to not remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Dial EnSearch Inc is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Dial EnSearch Inc and are trademarks of dialensearch.com Inc. Dial EnSearch Inc Service’s trademarks may not be used in connection with any product or service that is not provided by Dial EnSearch Inc, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dial EnSearch Inc. All other trademarks displayed on Dial EnSearch Inc website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Service Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Dial EnSearch Inc.
Misuse of any intellectual property is strictly prohibited, and we may aggressively enforce our intellectual property rights via civil and criminal proceedings.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Dial EnSearch, Inc designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Dial EnSearch Inc
P.O Box 560034
Dallas, TX 75356
By Telephone: 844-433-7422
By Email: in**@di**********.com
10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. DISCLAIMER OF WARRANTIES
THE SERVICES PROVIDED BY DIAL ENSEARCH INC ARE ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. DIAL ENSEARCH INC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO ADVERTISERS, VENDORS, INFORMATION, CRITERIA, PROCEDURES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE INFORMATION RECEIVED VIA THE SERVICES IS ACCURATE, TIMELY OR ERROR FREE. DIAL ENSEARCH INC DOES NOT SCREEN, RATE OR REFER ANY ADVERTISERS. DIAL ENSEARCH INC, ITS AGENTS, OFFICERS, OR ATTORNEYS WILL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE YOUR COMPUTER, YOUR BROWSERS, OUR SITES OR SERVICES. DIAL ENSEARCH INC SHALL NOT HAVE ANY LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE.
12. LIMITATION OF LIABILITY
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DIAL ENSEARCH INC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICES OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DIAL ENSEARCH INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
YOU AGREE TO INDEMNIFY DIAL ENSEARCH INC, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF ANY SERVICES, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY, OR YOUR VIOLATION OF THESE TERMS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
14. General Provisions
You acknowledge and agree that your sole and exclusive remedy, and Dial EnSearch Inc sole obligation to you or any third party for any claim arising out of your use of the Services, is that you are free to discontinue your use of the Services. The Terms and Conditions will inure to the benefit of Dial EnSearch Inc.’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of Dial EnSearch Inc to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms and Conditions are governed by the laws of the State of Texas, without giving effect to any choice of law rules, as such laws are applied to agreements entered into and to be performed entirely in the State of Texas and between Texas residents. You agree to submit to jurisdiction in Texas and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Dallas County, Texas. These Terms and Conditions constitute the entire agreement between you and Dial EnSearch Inc. and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas.