Terms of Service
SERVICE
DESCRIPTION; ACCEPTANCE OF TERMS THROUGH USE
The Complaint Resolution
Protocol Hotline service (“THE CRP HOTLINE”) is being provided to you, the
end-user (“You”) by DME-Solutions.com (“DME-Solutions.com”). The Complaint
Resolution Protocol Hotline is a service that provides You with access to an
automated phone line as well as detailed call reports about the complaint
calls your hotline receives. DME-Solutions.com may at any time, without
notice or liability, restrict the use of THE CRP HOTLINE or limit its time of
availability in order to perform maintenance activities. By using THE CRP
HOTLINE, You agree to all terms, conditions, and notices contained or
referenced herein (the “Terms of Service”). If You do not agree to the Terms
of Service, do not use THE CRP HOTLINE. DME-Solutions.com reserves the right,
at its discretion, to update or revise the Terms of Service without notice.
Your continued use of THE CRP HOTLINE following the posting of any changes to
the Terms of Service constitutes acceptance of such changes. Current Terms of
Service may be viewed anytime on our website www.DME-Solutions.com/CRP.
USER CONDUCT
You agree not to use THE CRP HOTLINE for any unlawful or improper purpose.
You shall not allow any other person to access THE CRP HOTLINE provided You
pursuant to these Terms of Service. It is the goal of DME-Solutions.com to
provide a high quality of service to our customers. To help ensure our high
standards are met, DME-Solutions.com has established certain responsibilities
regarding the use of THE CRP HOTLINE Hotline. You agree to adhere to the
DME-Solutions.com Acceptable Use Policies listed below.
ACCEPTABLE USE POLICY
The Acceptable Use Policy describes activities which DME-Solutions.com
considers to be violations of the Terms of Service and which are therefore
prohibited. The examples listed are not exhaustive and may change from time to
time. They are provided solely for guidance to THE CRP HOTLINE customers. If
You are unsure whether any contemplated use or action is permitted, please
submit a Trouble Report using the "Contact Us" section of www.DME-Solutions.com
for assistance.
You agree:
1. That You are entitled to contract without the consent of another person;
2. To review any Terms of Service updates DME-Solutions.com provides. Your
continued use of THE CRP HOTLINE shall be construed as Your acceptance of the
updated Terms of Service;
3. To provide to DME-Solutions.com, Your accurate and truthful registration
information (such as Your name, address, telephone number and credit card
information) and to keep current all registration information while using THE
CRP HOTLINE;
4. Not to assign, or otherwise transfer, these Terms of Service or Your
rights under it, or delegate Your obligations. Any attempt to do so is void;
5. That You are responsible for the results obtained from the use of THE CRP
HOTLINE;
6. To pay the applicable charges for THE CRP HOTLINE;
7. To promptly notify DME-Solutions.com if You suspect unauthorized use of
THE CRP HOTLINE. Until notified, You remain responsible for unauthorized use.
Liability for use of a credit, debit, or charge card remains subject to Your
agreement with Your card issuer;
8. To provide DME-Solutions.com with the requested identification in
connection with security matters;
9. To indemnify DME-Solutions.com for any damages or costs associated with
Your breach or failure to perform Your responsibilities hereunder.
10. That you do not own the phone number assigned to your account and that
the phone number is not portable.
Please be advised that DME-Solutions.com intends to exercise its rights under
the Terms of Service to immediately terminate THE CRP HOTLINE, without notice,
to any account that has been used in a manner that is disruptive or is
otherwise in violation of the Terms of Service.
BILLING
You agree to pay the fee associated with THE CRP HOTLINE. This fee may be
charged to You any time during each month of service. DME-Solutions.com
reserves the right to accept or not accept certain methods of payment. You
agree to provide accurate information to DME-Solutions.com for the purpose of
charging You for the use of THE CRP HOTLINE. For questions or concerns about
billing issues on your account, you can call 972-838-0709.
If your credit card is declined, you will be notified and asked to resolve the
issue or to submit an alternate means of payment. After your account has two
(2) months of charges with no payment received, your account will be set as
inactive and store identification number will be released for use with new
accounts. If, after the account balance has been paid in full, you wish to
reactivate your account, we try our best to reassign the original store
identification number, but we are unable to guarantee that we will be able to
get the number again once it has been released for new accounts.
In the event that DME-Solutions.com is notified of a chargeback on your credit
card, your account will be immediately disconnected. Once the chargeback issue
has been resolved and your account with DME-Solutions.com is current, your
account can be reactivated. Be advised that we are unable to guarantee your
hotline phone number will not change, but we will make every attempt to retain
the same number for the hotline account.
CANCELLATION
To cancel Your THE CRP HOTLINE account, you may contact DME-Solutions.com at
972-838-0709 to request that your account be cancelled. Cancellation requests
by any other method will not be accepted. You must cancel at least 5 days
prior to the next billing period in order to not be charged for the next
month. You will receive a response by email, confirming your request.
DISCONTINUING USE OF YOUR
HOTLINE DOES NOT CANCEL YOUR ACCOUNT. YOU WILL NEED TO REQUEST THAT YOUR
ACCOUNT BE CANCELLED.
REFUNDS
Refunds will only be issued to annual paying customers for months of service
that have been pre-paid. If You request to cancel Your service in the middle
of a billing period, Your service will remain active until the end of the
billing period. At that time, you will receive an email that your hotline is
inactive and your account has been cancelled.
DELIVERY AND TIMING
New accounts are typically setup and active within two business days. Your
credit card will be charged a set-up fee (unless eligible for waived set-up
fees) in addition to the first month of service. Upon activation, you will
receive an email from your account representative detailing the activation and
initial hotline setup procedures.
DISCLAIMERS
DISCLAIMER OF WARRANTIES; LIMITED WARRANTY; LIMITATION OF LIABILITY
DME-SOLUTIONS.COM MAKES NO WARRANTY OR GUARANTEE REGARDING THE PERFORMANCE,
FEATURES, COMPATIBILITY OR OTHERWISE OF ANY CONNECTED INTERNET SERVICE OR
HOST/COMPUTER CONNECTED TO THE SERVICE. ALL MATERIALS, INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES AVAILABLE THROUGH OR FORMING PART OF THE SERVICE (THE
"CONTENT") ARE PROVIDED FOR YOUR USE ON AN "AS IS", "AS AVAILABLE" BASIS. THE
CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DME-SOLUTIONS.COM AND
ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR
CORRECT; THAT THIS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR
LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS
SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE
IS SOLELY AT YOUR RISK.
DME-SOLUTIONS.COM WARRANTS THAT, IF YOU ARE DISSATISFIED WITH THE CRP HOTLINE
OR ANY FEATURE PROVIDED IN OR THROUGH THE CRP HOTLINE, UPON NOTICE FROM YOU,
DME-SOLUTIONS.COM WILL TERMINATE YOUR ACCOUNT.
Do not use the service in any high-risk activities where damage or injury to
persons, property, environment, or business may result if any error occurs.
You expressly assume all risk for such use. We disclaim any warranty of title
or any other warranties for any third party's offering(s) or product(s).
DME-Solutions.com does not guarantee that its security procedures will prevent
the loss of, alteration of, or improper access to, your information.
DME-Solutions.com is not responsible for invalid destinations and transmission
errors in, corruption of, or the security of your information carried over
third party facilities. DME-Solutions.com, including its licensors, disclaims
any liability or responsibility arising from any claim that your access or use
of the service and/or any related products DME-Solutions.com provides
infringes any third party's intellectual property rights.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES,
THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL DME-SOLUTIONS.COM OR ITS LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE CRP HOTLINE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON A BREACH OF
CONTRACT, EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM
OR A FUNDAMENTAL BREACH, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR
MISREPRESENTATION, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
DME-SOLUTIONS.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUE, OR FAILURE
TO REALIZE EXPECTED SAVINGS OR ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
IN NO EVENT IS DME-SOLUTIONS.COM OR ITS LICENSORS LIABLE FOR ANY DAMAGES
ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITY IN CONNECTION WITH
THESE TERMS OF SERVICE, OR ARISING FROM ANY CAUSE BEYOND THE CONTROL OF
DME-SOLUTIONS.COM, INCLUDING, BUT NOT LIMITED TO, DELAY IN THE PERFORMANCE OF
DME-SOLUTIONS.COM'S OBLIGATIONS. ALL LIMITATIONS AND DISCLAIMERS STATED IN
THIS SECTION ALSO APPLY TO DME-SOLUTIONS.COM'S LICENSORS AS INTENDED
BENEFICIARIES OF THESE TERMS OF SERVICE. ANY RIGHTS OR LIMITS STATED HEREIN
ARE THE MAXIMUM FOR WHICH DME-SOLUTIONS.COM AND ITS LICENSORS ARE COLLECTIVELY
RESPONSIBLE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, DME-SOLUTIONS.COM'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INTERNATIONAL USE; SUBCONTRACTING; SERVICE
WITHDRAWAL
DME-Solutions.com makes no representation that THE CRP HOTLINE is
appropriate or available for use outside the United States
from locations where it is
prohibited.
You represent that you are not a national or resident of and are not located
in any of the following countries: Cuba
, Iran
, Iraq
, Libya
, North Korea
, Sudan
, or Syria
.
You represent that You are not a specifically designated individual, denied
party, or entity under any U.S. embargo or otherwise the subject, either
directly or indirectly (by affiliation, or any other connection with another
party) to any order issued by any agency of the U.S. Government limiting,
barring, revoking or denying, in whole or in part, Your U.S. export
privileges. You agree to notify DME-Solutions.com immediately in the event You
become subject to any such order.
DME-Solutions.com may utilize subcontractors for the performance of THE CRP
HOTLINE or any part thereof.
DME-Solutions.com reserves the right to immediately withdraw THE CRP HOTLINE
(in whole or in part) from You and cancel Your account if, in DME-Solutions.com's
opinion, Your use is disruptive, causes a malfunction to THE CRP HOTLINE,
violates the terms of this Terms of Service Agreement or the Acceptable Use
Policy, or if DME-Solutions.com receives an order from a court of competent
jurisdiction requiring DME-Solutions.com to do so.
WAIVER; SEVERABILITY AND INTEGRATION
A waiver by either party of any term or condition of the Terms of
Service or any breach thereof, in any one instance, shall not be deemed or
construed to be a waiver of such term or condition or any subsequent breach
thereof. Unless otherwise specified herein, the Terms of Service constitutes
the entire agreement between You and DME-Solutions.com. If the application of
any provision or provisions of this Agreement to any particular facts or
circumstances shall be held to be invalid or unenforceable by any court of
competent jurisdiction, then (a) the validity and enforceability of such
provision or provisions as applied to any other particular facts or
circumstances and the validity of other provisions of this Agreement shall not
in any way be affected or impaired thereby and (b) such provision(s) shall be
reformed without further action by the parties to make such provision(s) valid
and enforceable when applied to such facts and circumstances.
TERMINATION
Either party is entitled to terminate THE CRP HOTLINE at any time.
DME-Solutions.com may terminate the agreement electronically by sending an
email message to You. Termination of THE CRP HOTLINE for whatever reason is
without prejudice to any rights that have accrued to either party prior to the
date of termination. DME-Solutions.com reserves the right, in its sole
discretion, to terminate Your access to all or part of THE CRP HOTLINE, with
or without notice.
YOUR ACTION IS REQUIRED TO CANCEL THE CRP HOTLINE. DISCONTINUING USE DOES NOT
CLOSE YOUR ACCOUNT. To cancel Your THE CRP HOTLINE account, you may contact
us at 972-838-0709. Cancellation requests by any other method will not be
accepted. You will receive a response to your cancellation request,
confirming that the account has been closed.
Governing Law
The Terms of Service and
the relationship between You and THE CRP HOTLINE shall be governed by the laws
of the State of Texas without regard to its conflict of law provisions. You
and THE CRP HOTLINE agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Hopkins, Texas.