Terms of Service
BY ACCESSING OR USING ANY PART OF OUR WEBSITE OR POWERISA SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE OR OUR SERVICES. YOU MAY ALSO BE ASKED TO RE-ACCEPT OUR THEN-CURRENT TERMS EVERY TIME YOU MAKE ANY USE OF ANY SERVICES PROVIDED BY POWERISA.
Any questions concerning this agreement should be referred to email@example.com.
THIS TERMS OF SERVICE (“Agreement”) is a binding agreement between POWERISA LLC., d.b.a. PowerISA (“Company”), a corporation with a principal place of business at 5900 BALCONES DR STE 100 AUSTIN, TX 78731-4298, and the individual or legal entity identified in online account registration (“Customer” or “you”). PowerISA and Customer may be individually referred to as a “Party” or collectively as the “Parties.”
2. Acceptance of Terms
A. POWERISA LLC., d.b.a. PowerISA ("PowerISA", "We") provides its Service (as defined below) to you through its web site located at www.powerisa.com (the "Site"), that PowerISA may offer from time to time, subject to this Terms of Service agreement (the "TOS"). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service. Any actions you, or any of your employees, consultants, agents, representatives, and users take on the Service shall be deemed to have occurred on behalf of your legal entity.
B. You can review the most current version of this TOS at any time at https://www.powerisa.com/tos or https://www.getspeedtolead.com/tos. If any term of this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.
3. Description of Service
A. PowerISA is engaged in the business of certain telemarketing, Dedicated Inside Sales Agent (ISA), and software services (the “Service”). As a part of the Service, we provide: (i) facilities, equipment, maintenance, service and personnel for telemarketing campaigns (the “Campaign(s)”) on behalf of certain client businesses and (ii) access to the Site and its various systems and products.
B. PowerISA reserves the right to alter the Service at any time. Certain features of the Service may not be available in all countries. We reserve the right to limit or make available the Service or parts of the Service depending on location.
4. General Conditions / Access and Use of the Service
A. Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes and in compliance with all applicable local, state, and federal laws, including the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission’s National Do Not Call Registry, CAN-SPAM Act, telemarketing regulations, and state and federal laws governing recording phone calls. Certain features of the Service, such as predictive or power dialer capabilities, may be prohibited in your location. Prior to using the Service, you must ensure that any such use is permitted in your jurisdiction. You shall comply with any codes of conduct, policies or other notices PowerISA provides you or publishes in connection with the Service, and you shall promptly notify PowerISA if you learn of a security breach related to the Service. Without limiting any of the foregoing, you agree to comply, and require that your employees, consultants, agents, representatives, and users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded telephone call or video chat, that the call or chat is being recorded.
B. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to PowerISA. As a user of the Service, you may lease phone numbers associated with your account from PowerISA. There is no guarantee that these numbers will remain yours. In the event that you downgrade your Service or you terminate your Service, you will forfeit any phone numbers associated with your account. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
C. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the TOS, PowerISA, its suppliers and licensors own all right, title and interest in and to the Service, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service.
D. Any software that may be made available by PowerISA in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, PowerISA hereby grants you a personal, non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by PowerISA for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of PowerISA or any third party is granted to you in connection with the Service.
F. PowerISA may collect information about your use of the Service ("Usage Data"). Usage Data may be used for data analytics purposes to review, analyze, and optimize the Service.
G. You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account. PowerISA reserves the right to access your account for purposes that PowerISA deems appropriate, for example to respond to your requests for technical support or account management. By transferring Your Content on or through the Service, You hereby do and shall grant PowerISA a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. PowerISA has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that PowerISA may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
H. You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to PowerISA’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. PowerISA will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
I. The failure of PowerISA to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between you and PowerISA, even though it is electronic and is not physically signed by you and PowerISA, and it governs your use of the Service and takes the place of any prior agreements between you and PowerISA.
J. PowerISA reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on PowerISA’s website and in other communication with existing or potential PowerISA customers. To decline PowerISA this right you need to contact us stating that you do not wish to be used as a reference.
K. PowerISA reserves the right at any time to modify or discontinue, temporarily or permanently, your account and/or the Service (or any part thereof) with or without notice. PowerISA shall not be liable to you or to any third party for any modification, price change, change in capacity or accessibility, suspension or discontinuance of the Service. PowerISA may limit your use of the Service for any reason at all, in PowerISA’s sole discretion. You agree that any termination or limitation of your access to the Service may be without prior notice, and you agree that PowerISA will not be liable to you or any third party for such change or termination. If PowerISA terminates this TOS or your access or use of the Service due to your breach of this TOS or any suspected fraudulent, abusive, or illegal activity, then termination of this TOS shall be in addition to any other remedies PowerISA may have at law or in equity.
L. Do Not Hire. Client agrees that, except as permitted herein, for the duration of this Agreement and for a period of 1 year thereafter, Client will not directly or indirectly hire nor solicit for employment any ISA employed by or contracted by PowerISA, nor will Client contact them or their supervisors for any reason other than fulfilment of the Services herein. Client understands that PowerISA recruits and trains ISA’s at significant risk and expense, and breach of this provision will irreparably and materially harm PowerISA. Client agrees that Client may only hire such ISA in contravention of this clause upon: (i) notice to, and express permission from, PowerISA, and (ii) payment by Client to PowerISA of a recruitment finder’s fee of $10,000.
5. Fees and Payment for Purchased Services
A. You will pay all fees specified on the Site for the Services you have used or requested to use. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and may not be tied to actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.
B. To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide PowerISA information regarding your credit card or other payment instrument. Such payment plan may include the option to prepay for your access to the Service before it begins or to receive an invoice for payment after your use of the Service has begun. Additional information on our payment plans is available at https://www.powerisa.com/pricing or https://getspeedtolead.com/pricing/, on the Site, or in the order form confirming your purchase. To the extent your use of the Service exceeds the usage limits provided for in your payment plan, you were not invoiced for services rendered, or you missed any payments due on your account, PowerISA reserves the right to recover such fees and charge you standard and overage fees for any such regular and excessive use. You represent and warrant to PowerISA that any payment information you provide is true and that you are authorized to use the payment instrument for this Service. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay PowerISA the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorize PowerISA to bill your payment instrument in advance of receipt of any Service on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let PowerISA know in writing within sixty (60) days after the date that PowerISA invoices you. We reserve the right to change PowerISA’s prices. If PowerISA does change the pricing plans, PowerISA will provide notice of the change on the Site or in email to you, at PowerISA’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. Your failure to provide payment in accordance with your payment plan on a timely basis shall afford PowerISA the right to terminate your access to the Service. All fees are non-refundable and exclusive of applicable taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees PowerISA incurs collecting late amounts.
C. Any delays in sending us required information may lead to delays in services or in additional charges to you. You will be billed for any hours worked by your Dedicated ISA beginning on the start date even if you have not provided us the required information.
6. Limited License Granted
Upon payment of all required fees, and so long as you continue in compliance with these terms and with the law, you will be granted a limited, revocable, non-exclusive license to access the Site’s software products and services (“System” or “Products”) until this Agreement is terminated.
7. Data Sources and Ownership of Leads
PowerISA is not a data broker or lead generator. Rather, it is merely a telephone technology platform and platform service provider—a “common carrier.” As such, PowerISA has no ability, is not responsible, and assumes no obligations regarding the source or accuracy of your telephone number lead data, which must be selected by Customer, or Your Content. It is solely your responsibility to select a compliant data source.
It is the responsibility of the Client to provide PowerISA with the on-boarding form, phone numbers for neighborhood, expired, For Sale by Owner (FSBO) or any other type of calling campaign. Client agrees that any scripts, reports and processes provided by PowerISA are for exclusive use for the duration of the Services and may not be used by Client for any other purpose without PowerISA’s express permission.
8. Proprietary Rights and Ownership.
The System is owned, trademarked and copyrighted by PowerISA and is protected by United States copyright, trademark and other state, federal, and international intellectual property laws. Through use of the System, you may have access to information, communications, software, photos, text, video, graphics, music, sound, images, and other materials owned, trademarked or copyrighted by PowerISA ("Content"). You do not have any ownership interest in the Content, the System, or improvements and modifications to the System. Nothing in this Agreement shall be construed to transfer any of the Site's proprietary or intellectual property rights to you. Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile, or otherwise attempt to decipher any code in connection with the System and/or any other aspect of PowerISA’s technology.
9. Representation and Warranties
In addition to any other representations and warranties contained herein, you represent and warrant to PowerISA that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow PowerISA to perform its obligations) in connection with the Service without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and PowerISA’s exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; (iv) you will comply with all applicable local, state, federal and international laws including TCPA, the Federal Trade Commission’s National Do Not Call Registry, CAN-SPAM Act, telemarketing regulations, and laws governing recording phone calls; and (v) you are eighteen (18) years of age or older. Without limiting the foregoing, you represent and warrant that you shall seek the appropriate consent for any unsolicited marketing calls, agree not to sell your data, and only use any features available on the Service in locations where such features are permissible.
PowerISA reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your Content in the Service, for any reason or no reason, including if PowerISA believes in its sole discretion that you have violated this TOS. PowerISA shall not be liable to you or any third party for any modification, suspension or discontinuation of the Service. PowerISA may attempt, in its sole discretion, to contact you prior to suspension or termination of your account by PowerISA. All of Your Content on the Service (if any) may be permanently deleted by PowerISA upon any termination of your account in our sole discretion. If PowerISA terminates your account without cause and you have signed up for a fee-bearing service, PowerISA will refund the prorated, unearned portion of any amount that you have prepaid to PowerISA for such Service. However, all accrued rights to payment and the terms of Section 4-17 shall survive termination of this TOS.
11. DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND POWERISA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT POWERISA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM POWERISA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS. ISA’S PROVIDED BY THE COMPANY ARE NOT LICENSED REAL ESTATE AGENTS OR BROKERS AND MAY NOT BE USED AS SUCH.
12. LIMITATION OF LIABILITY
A. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL POWERISA BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, DATA BREACH, OR BUSINESS INTERRUPTION, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
B. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, POWERISA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You shall defend, indemnify, and hold harmless PowerISA from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service, including without limitation any claims for copyright infringement, defamation, invasion of privacy or right of publicity arising out of or in connection with any unauthorized use of the Service, violation of any applicable laws including TCPA, the Federal Trade Commission’s National Do Not Call Registry, CAN-SPAM Act, telemarketing regulations, and state and federal laws around recording phone calls, and any third-party litigation arising out of your use of the Service. PowerISA shall provide notice to you of any such claim, suit or demand. PowerISA reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting PowerISA’s defense of such matter.
PowerISA may change this TOS from time to time with at least 30 days' prior notice. You can review the most current version of this TOS at any time at https://www.powerisa.com/tos or https://www.getspeedtolead/tos. "Prior notice" means the revised terms and conditions will be posted on the Site. If you use the Site after the updated TOS have been posted, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Site and the Service.
You may not assign this TOS without the prior written consent of PowerISA, but PowerISA may assign or transfer this TOS, in whole or in part, without restriction.
16. Governing Law
This TOS shall be governed by the laws of the State of Washington, U.S.A., without regard to the principles of conflicts of law.
A. Arbitration Proceedings. The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA and settled solely by a single arbitrator in the State of Washington, U.S.A. The arbitrator is bound by the terms of these Terms of Service. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
B. No Class Actions. YOU AND POWERISA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
18. Privacy; EU Data Protection
Please visit https://www.powerisa.com/j/privacy or https://www.getspeedtolead.com/privacy-policy to understand how PowerISA collects and uses personal information.
Definition. By virtue of your use of the Service, the parties may have access to each other’s Confidential Information. "Confidential Information," as used in this TOS, means any written, machine-reproducible and/or visual materials, whether labeled as proprietary, confidential, or with words of similar meaning or not, and all information that is orally or visually disclosed, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. PowerISA Confidential Information includes, without limitation, the Usage Data, including the content therein, including any Software whether in source or executable code, documentation, pricing, business plans, techniques, methods, processes, and the results of any performance tests of the Service.
Exclusions. Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party’s lawful possession prior to the disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on disclosure; or (d) is independently developed by the receiving party, which independent development can be shown by written evidence. Use and Nondisclosure. During the term and for a period of five (5) years after expiration or termination of your use of the Service, you shall not make PowerISA’s Confidential Information available to any third party or use the other’s Confidential Information for any purposes other than exercising your rights and performing your obligations under this TOS. You shall take all reasonable steps to ensure that our Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this TOS, but in no event will you use less effort to protect the Confidential Information of the other party than you use to protect your own Confidential Information of like importance. You will ensure that any agents or subcontractors that are permitted to access any of PowerISA’s Confidential Information are legally bound to comply with the obligations set forth herein. Notwithstanding the foregoing, Confidential Information may be disclosed as required by any governmental agency, provided that before disclosing such information the disclosing party must provide the non-disclosing party with sufficient advance notice of the agency’s request for the information to enable the non-disclosing party to exercise any rights it may have to challenge or limit the agency’s authority to receive such Confidential Information.20. Notice
The Service is conducted electronically and you agree that PowerISA may communicate electronically with you for any matters relating to the Service, including but not limited to information and notifications regarding product updates, payments, and ways to more efficiently use the Service, and legal notices of any kind, including cancellation and termination, unless prohibited by law. Any notices to be provided to you under this TOS shall be sent by electronic mail to the last email address that we have on file for you, and you hereby consent to receiving any such notice by electronic mail. Notice shall be deemed to have been given by PowerISA on the date we sent the relevant electronic communication with applicable receipt of delivery.
21. Independent Contractor; No agency or employment relationship.
PowerISA is an independent contractor and not an agent of Client. Neither party shall have the authority to (1) bind the other to any contractual commitment with a third party or (2) otherwise act in any way as a representative of the other, unless expressly agreed to in writing by that party. This Agreement shall not give rise to any employment relationship; therefore, PowerISA nor its ISA’s shall be entitled to receive or participate in any employment benefits and privileges customarily afforded to or conferred upon Client’s employees, such as, without limitation, any pension, bonus or profit-sharing plan(s), workers’ compensation benefits, hospital and other health, accident, dental or life insurance plan. PowerISA and its ISA’s shall not be considered an employee of Client under any federal or state law definitions. Except as expressly provided elsewhere in this Agreement, PowerISA shall not be liable for any debts, accounts, obligations or other liabilities whatsoever of Client.
22. Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service and any other agreements referenced herein may be assigned by GOINTERCITY REALTY, INC., d.b.a. PowerISA, in our sole discretion, to a third party in the event of a merger or acquisition.
Nothing in these Terms of Service is intended to or will create any form of partnership, joint venture, agency, or employment relationship between the parties. You may not assign these Terms of Service, by operation of law or otherwise, without the prior written consent of GOINTERCITY REALTY, INC., d.b.a. PowerISA. The failure of either party to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. If a court of competent jurisdiction declares any provision of these Terms of Service to be invalid or unenforceable, the remainder of these Terms of Service will continue in full force and effect.