Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and All Web Referrals LLC ("SalesDream," "we," "us," or "our") governing your access to and use of the SalesDream platform, website, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Service. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We reserve the right to suspend or terminate accounts that violate these Terms

4. Acceptable Use

4.1 Permitted Uses

You may use the Service for legitimate business purposes, including:

• B2B sales and marketing outreach
• Business development and networking
• Market research and competitive analysis
• Lead generation for commercial purposes

4.2 Prohibited Uses

You may NOT use the Service to:

• Send spam, unsolicited emails, or mass communications in violation of CAN-SPAM or similar laws
• Violate any applicable laws, including privacy regulations (GDPR, CCPA, etc.)
• Harvest or scrape data using automated means without authorization
• Resell, redistribute, or share access to the Service without permission
• Impersonate any person or entity or misrepresent your affiliation
• Engage in fraudulent, deceptive, or misleading practices
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or attempt to extract source code
• Use the data for consumer marketing, employment purposes, or credit decisions
• Transmit viruses, malware, or harmful code

5. Data Usage and Compliance

5.1 Business Contact Data

The business contact information provided through SalesDream is sourced from publicly available records and licensed data providers. This data is intended solely for B2B business purposes.

5.2 Legal Compliance

You agree to comply with all applicable laws and regulations, including but not limited to:

• CAN-SPAM Act (email marketing compliance)
• Telephone Consumer Protection Act (TCPA)
• General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA)
• Fair Credit Reporting Act (FCRA) - data may not be used for credit decisions
• Equal Employment Opportunity laws - data may not be used for employment decisions

5.3 Opt-Out Requirements

You must honor all opt-out requests and maintain your own suppression lists. You are solely responsible for compliance with do-not-contact requests.

6. Intellectual Property

The Service, including all content, features, functionality, and technology, is owned by All Web Referrals LLC and is protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes. This license does not include any rights to:

• Modify, copy, or create derivative works
• Reverse engineer or extract algorithms
• Remove proprietary notices or labels
• Use our trademarks without written permission

7. Fees and Payment

7.1 Beta Period

During the beta period, the Service is provided free of charge. We reserve the right to introduce fees for the Service at any time with advance notice.

7.2 Future Pricing

When fees are introduced, you will be notified in advance. Continued use of the Service after fee implementation constitutes acceptance of the new pricing terms.

8. Data Accuracy and Warranties

8.1 Data Accuracy

While we strive to provide accurate and up-to-date information, we do not guarantee the accuracy, completeness, or reliability of any data. Business information changes frequently, and data may become outdated.

8.2 "As-Is" Disclaimer of Warranties

THE SERVICE (INCLUDING ALL LEAD DATA, CONTACT INFORMATION, SOFTWARE, TOOLS, AND PLATFORM FEATURES) IS PROVIDED STRICTLY "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

8.3 Data Accuracy Disclaimer

YOU ACKNOWLEDGE AND AGREE THAT ALL BUSINESS CONTACT DATA (INCLUDING NAMES, JOB TITLES, COMPANY INFORMATION, EMAIL ADDRESSES, AND PHONE NUMBERS) IS COLLECTED FROM THIRD-PARTY AND PUBLIC SOURCES, CHANGES FREQUENTLY, AND MAY BE INCOMPLETE, OUTDATED, INACCURATE, OR ERRONEOUS. WE DO NOT WARRANT, GUARANTEE, OR REPRESENT THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, DELIVERABILITY, OR LEGAL FITNESS OF ANY DATA, NOR THAT ANY LEAD IS A VALID BUSINESS CONTACT OR THAT ANY OUTREACH WILL SUCCEED. YOU ACCEPT ALL RISK OF RELIANCE ON THE DATA AND REMAIN SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING ANY INFORMATION BEFORE USING IT. NO ORAL OR WRITTEN ADVICE OBTAINED FROM US CREATES ANY WARRANTY.

9. Limitation of Liability and Waiver of Consequential Damages

9.1 Waiver of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALL WEB REFERRALS LLC, ITS OWNERS, MEMBERS, AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER — INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SALES, LOST OPPORTUNITIES, LOST BUSINESS OR GOODWILL, COST OF SUBSTITUTE SERVICES, BUSINESS INTERRUPTION, WASTED MARKETING OR OUTREACH SPEND, OR LOST, CORRUPTED, OR COMPROMISED DATA — HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY WAIVE ANY RIGHT TO RECOVER SUCH DAMAGES.

9.2 Aggregate Liability Cap

OUR TOTAL, AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP APPLIES REGARDLESS OF THE FORM OF ACTION AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9.3 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE LIMITATIONS IN THIS SECTION ARE A FUNDAMENTAL BASIS OF THE BARGAIN BETWEEN YOU AND US, THAT THEY REFLECT THE ALLOCATION OF RISK BARGAINED FOR IN PRICING, AND THAT THEY APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10. Customer Indemnification

You ("Customer") agree to indemnify, defend (at our election), and hold harmless All Web Referrals LLC and its owners, members, affiliates, licensors, and their respective officers, directors, employees, contractors, and agents (collectively, the "Indemnified Parties") from and against any and all third-party claims, demands, actions, investigations, liabilities, damages, judgments, fines, penalties, settlements, losses, and costs or expenses of any kind — including reasonable attorneys' fees, expert fees, and court or arbitration costs — arising out of or relating to:

• Your use of the Service or of any lead data obtained through the Service
• Your violation of these Terms or of any applicable law or regulation (including CAN-SPAM, TCPA, DNC Registry rules, GDPR, CCPA/CPRA, FCRA, telemarketing rules, and state privacy or calling laws)
• Your emails, calls, text messages, or other outreach to any person, including claims of spam, harassment, unlawful contact, or consent violations
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Any data, content, or material you upload, import, or transmit through the Service

The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully. You may not settle any claim affecting an Indemnified Party without our prior written consent. This indemnity survives termination of these Terms and applies regardless of whether the Service was used during a free or beta period.

11. Termination

We reserve the right to suspend or terminate your access to the Service at any time, without notice, for conduct that we believe:

• Violates these Terms or applicable laws
• Is harmful to other users or our business interests
• Involves fraudulent or illegal activity

Upon termination, your right to use the Service will immediately cease. All provisions that by their nature should survive termination shall survive.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

13. Dispute Resolution, Governing Law, and Forum Selection

13.1 Informal Resolution First (Multi-Tiered Process)

Before initiating arbitration or any other formal proceeding, the parties agree to the following tiers: (a) a written notice of dispute must be emailed to us at the address in Section 15, describing the dispute and the relief sought; (b) the parties will attempt in good faith to resolve the dispute through informal negotiation for thirty (30) days from receipt of the notice; and (c) only if the dispute remains unresolved after that period may either party proceed to binding arbitration under Section 13.2. This requirement is a condition precedent to any arbitration, and commencing arbitration without first complying waives any claim to recover attorneys' fees or costs.

13.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, "Disputes") shall be finally and exclusively resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, except as modified by this Section. The seat and venue of arbitration shall be Miami-Dade County, Florida, and the language of the arbitration shall be English. Judgment on the award may be entered in any court of competent jurisdiction. Each party bears its own costs, and AAA filing fees will be allocated as the arbitrator determines is reasonable under applicable law.

13.3 Class Action and Jury Trial Waiver

YOU AND WE EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PARTY AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE, THEN THE ENTIRE AGREEMENT TO ARBITRATE (BUT ONLY THAT AGREEMENT) SHALL BE DEEMED VOID. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOTH PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING.

13.4 Shortened Statute of Limitations

YOU AND WE EACH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST COMMENCE (WITH A CLAIM OR NOTICE FILED AS REQUIRED BY SECTION 13.1 OR 13.2) WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED, REGARDLESS OF ANY LONGER PERIOD THAT WOULD OTHERWISE APPLY UNDER APPLICABLE LAW.

13.5 Forum Selection and Governing Law

These Terms and any Disputes are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles and without application of the United Nations Convention on Contracts for the International Sale of Goods. Any judicial proceeding not subject to arbitration (including actions to enforce an arbitration award or seeking injunctive or equitable relief) shall be brought exclusively in the state courts located in Miami-Dade County, Florida or the federal courts of the Southern District of Florida, and each party irrevocably consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.

13.6 Prevailing Party Attorneys' Fees

In any arbitration, action, or other proceeding to enforce or interpret these Terms or arising out of the Service, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and arbitration or court costs from the non-prevailing party, as awarded by the arbitrator or court. For purposes of this provision, "prevailing party" means the party who achieves a favorable final judgment or arbitration award — unconditionally or through a voluntary, unconditional settlement or dismissal favorable to that party — on the majority of the claims asserted.

13.7 Injunctive Relief and Exceptions

Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm (including misuse of data or breaches of Sections 4 and 6), and disputes that qualify as small claims may be filed in small claims court. This Section survives termination of these Terms and any suspension or termination of your account.

14. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and us
• Severability: If any provision is found invalid, the remaining provisions remain in effect
• No Waiver: Our failure to enforce any right does not constitute a waiver
• Assignment: You may not assign these Terms without our written consent
• Force Majeure: We are not liable for failures due to circumstances beyond our control

15. Contact Information

For questions about these Terms, please contact us: