Terms of use

1. Acceptance

These Terms of Use are a binding agreement between you and Proclaim VoIP, a Nevada S corporation, doing business as Proclaim Extend ("Proclaim," "we," "us"). By accessing or using proclaimextend.com (the "Site"), you agree to them. If you do not agree, do not use the Site. If you accept on behalf of an organization, you represent that you have authority to bind that organization, and "you" means both you and it.

2. Scope, and what these terms do not cover

These terms cover the Site: the pages, text, graphics and forms published at proclaimextend.com.

They do not cover use of the Proclaim Extend platform. A vendor's access to the admin console and its partner portal is governed by the written subscription agreement, order form and any data processing addendum between Proclaim and that vendor. Nothing on the Site modifies those documents, and in the event of a conflict, the subscription agreement controls as to the platform.

They also do not cover a partner's relationship with a vendor. Partner eligibility, tiers, deal registration outcomes, marketing fund awards, payment of claims and program obligations are set by the vendor operating the program, under that vendor's own terms. Proclaim provides the software; we do not decide whether a deal is approved or a claim is paid.

3. Permitted use

We grant you a limited, revocable, non-exclusive, non-transferable license to access and view the Site for your internal business evaluation purposes. You may print or download individual pages for that purpose, provided you keep all proprietary notices intact.

All other rights are reserved. This license does not permit resale, redistribution, or use of Site content in a competing product or marketing material.

4. Prohibited conduct

You agree not to:

• Access the Site by automated means beyond ordinary search-engine indexing, or scrape, harvest or systematically collect content or contact details from it.
• Probe, scan or test the vulnerability of the Site or its infrastructure, or breach or circumvent any security or authentication measure.
• Submit false, misleading or unlawful information through any form, or submit another person's personal information without authorization.
• Interfere with the operation of the Site, including by transmitting malware or by imposing unreasonable load.
• Frame, mirror or misrepresent the Site, or use it in a way that suggests an affiliation or endorsement that does not exist.
• Use the Site in violation of applicable law or export control and sanctions rules.

5. Intellectual property

The Site and its content — including text, layout, design, graphics, screenshots and the compilation of all of it — are owned by Proclaim or its licensors and are protected by copyright, trademark and other laws. "Proclaim," "Proclaim Extend," "Proclaim VoIP," the Proclaim logo and related marks are trademarks of Proclaim. You may not use them without our prior written permission, except in factual references that do not imply endorsement.

Third-party names and marks appearing on the Site, including any customer logos or integration partner names, are the property of their respective owners and are used for identification only.

6. Product descriptions and illustrative material

Feature descriptions on the Site describe the platform as generally available at the time of publication. Screenshots, interface recreations, sample dashboards, company names, partner names and figures shown on the Site are illustrative and use fictional data. They are not representations about any actual customer, program, pipeline or payment.

Statements about future functionality are not commitments. No feature, roadmap item, or optional module described on the Site — including the AI Sales Coach module — is included in any subscription unless it is stated in an executed order form. Availability of optional modules and their usage-based charges are set in that order form.

7. Submissions and feedback

If you send us suggestions, feature requests or other feedback, you grant Proclaim a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or attribution. Do not send us information you consider confidential unless we have signed a non-disclosure agreement covering it. Personal information you submit through a form is handled as described in our Privacy policy.

8. Third-party sites and services

The Site links to resources we do not control, including the admin console, vendor-operated partner portals and third-party services such as accounting integrations. We do not endorse and are not responsible for their content, availability, practices or terms. Your use of them is governed by their agreements, not ours.

9. No professional advice

Content on the Site, including material describing security architecture, compliance controls, marketing fund handling or payment workflows, is provided for general information. It is not legal, tax, accounting, financial or security advice, and it is not a substitute for your own assessment or your advisors' review.

10. Availability and changes

We may change, suspend or discontinue any part of the Site at any time without notice, and we may restrict access to it. We may also revise these terms; the revised version takes effect when posted with an updated date, and your continued use constitutes acceptance. For material changes we will use reasonable efforts to provide additional notice on the Site.

11. Disclaimer of warranties

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PROCLAIM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR THAT ITS CONTENT IS ACCURATE OR CURRENT. WARRANTIES FOR THE PLATFORM, IF ANY, ARE STATED SOLELY IN THE APPLICABLE SUBSCRIPTION AGREEMENT.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PROCLAIM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You will indemnify, defend and hold harmless Proclaim and its personnel from and against any claims, damages, liabilities, losses and expenses, including reasonable attorneys' fees, arising out of your use of the Site, your breach of these terms, or your violation of law or the rights of a third party.

14. Governing law and dispute resolution

These terms are governed by the laws of the State of Nevada, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. The exclusive venue for any dispute is the state and federal courts located in Clark County, Nevada, and you consent to personal jurisdiction there.

Section 15 sets out a binding arbitration agreement that changes how disputes are resolved. The courts named above apply only to matters that Section 15 excludes from arbitration, and to enforcement of an arbitration award.

15. Binding arbitration and class-action waiver

(a) Informal resolution first. Before starting an arbitration, the party raising a dispute must send the other a written notice describing the claim and the relief sought, using the contact form or the postal address in Section 19. The parties will attempt in good faith to resolve the dispute for 60 days after that notice. This step is a condition precedent to arbitration, and the applicable limitations period is tolled while it runs.

(b) Agreement to arbitrate. Except for the matters excluded in subsection (f), any dispute, claim or controversy arising out of or relating to the Site, these terms, or the relationship between you and Proclaim — whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether arising before or after termination of these terms — will be resolved by final and binding individual arbitration. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.; to the extent state arbitration law applies, the Nevada Uniform Arbitration Act, NRS 38.206 to 38.248, applies.

(c) Forum and rules. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as modified by this section, before a single arbitrator. The seat of arbitration is Clark County, Nevada. Hearings may be conducted by video or telephone, and either party may request an in-person hearing in Clark County. The arbitrator will apply Nevada substantive law and will issue a written award stating the essential findings and conclusions. Judgment on the award may be entered in any court of competent jurisdiction.

(d) Arbitrator's authority. The arbitrator has exclusive authority to resolve all issues subject to arbitration, including the scope, enforceability and arbitrability of this section, except that a court decides whether the class-action waiver in subsection (e) is enforceable. The arbitrator may award any relief a court could award on an individual basis, and may not award relief to or against anyone who is not a party.

(e) Class-action and jury waiver. Arbitration is individual. Neither party may bring a claim as a plaintiff or class member in any purported class, collective, consolidated, private attorney general or other representative proceeding, and claims of more than one person may not be joined or consolidated without the written consent of all parties. YOU AND PROCLAIM EACH WAIVE THE RIGHT TO A TRIAL BY JURY. If this subsection (e) is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in the courts named in Section 14, and the remainder will proceed in arbitration.

(f) Exclusions. This section does not apply to: (i) an individual action in small claims court in Clark County, Nevada, so long as it stays individual and in that court; (ii) a claim for temporary or preliminary injunctive relief to prevent actual or threatened infringement, misappropriation or violation of intellectual property, confidentiality or Site-security obligations, which either party may bring in the courts named in Section 14; and (iii) any claim that applicable law does not permit to be arbitrated.

(g) Fees and costs. Filing, administration and arbitrator fees are governed by the AAA rules. The attorneys' fees allocation in Section 17 applies in arbitration, and the arbitrator may award the prevailing party its reasonable attorneys' fees and costs, including arbitration fees, to the extent permitted by applicable law.

(h) Your right to opt out. You may reject this arbitration agreement by sending written notice within 30 days after you first accept these terms, stating your name, the organization you represent if any, and that you opt out of arbitration. Send it through the contact form or to the postal address in Section 19. Opting out affects only this Section 15; the rest of these terms continue to apply, and disputes will proceed in the courts named in Section 14. Opting out will not be held against you.

(i) Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent applicable law permits a contractual limitations period.

(j) Changes and survival. If we materially change this Section 15, the change applies only to disputes arising after the change takes effect, and you may opt out of the changed version within 30 days of the posted date. This section survives termination of these terms and any expiration of your use of the Site.

16. Copyright complaints

If you believe material on the Site infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent: Donald Barrett Jr, Copyright Agent, Proclaim VoIP, PO Box 230368, Las Vegas, NV 89105. Notices may also be submitted through the contact form marked "DMCA notice." A notice must include your physical or electronic signature, identification of the work claimed to be infringed, identification of the material and its location, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf.

17. Attorneys' fees

In any action, arbitration or other proceeding arising out of or relating to the Site or these terms, each party is responsible for its own attorneys' fees and costs as incurred. The prevailing party may recover its reasonable attorneys' fees and costs, including expert fees, arbitration and filing fees, and fees incurred in enforcing or vacating an award or judgment, to the extent permitted by applicable law. This section applies regardless of forum, including where a party has opted out of arbitration under Section 15(h) and where Section 15 is held unenforceable in whole or in part, and it survives independently of Section 15.

18. General

If any provision is held unenforceable, it will be limited or severed and the remainder will stay in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets. These terms, together with the Privacy policy, are the entire agreement between you and Proclaim regarding the Site. Sections 5 through 19 survive termination.

19. Contact

Questions about these terms: use the contact form. Postal mail: Proclaim VoIP d/b/a Proclaim Extend, Attn: Legal, PO Box 230368, Las Vegas, NV 89105.