Legal Disclosure

This page governs your use of our website, communications, and services. Please read all sections carefully before engaging with Dakota Performance Solutions.

IMPORTANT: This page constitutes a legally binding agreement between you and Dakota Performance Solutions, LLC ("DPS," "we," "us," or "our"). By accessing this website or contacting us, you acknowledge that you have read, understood, and agree to be bound by these disclosures and policies.

1. Terms of Use & General Disclaimer

Acceptance of Terms

This website is operated by Dakota Performance Solutions, Inc and DPS, Inc ("Company," "DPS," "we," or "us"), a business process outsourcing (BPO) and federal contracting services company based in the United States. By accessing or using this website (the "Site"), you agree to comply with and be bound by these Terms of Use and all applicable federal, state, and local laws and regulations.

Use of Website Content

All content on this Site — including text, graphics, logos, data, and software — is the exclusive property of Dakota Performance Solutions or its licensors and is protected by applicable intellectual property laws. Unauthorized reproduction, distribution, or use of any materials from this Site is strictly prohibited without prior written consent from DPS.

Third-Party Links

This Site may contain links to third-party websites. Dakota Performance Solutions does not endorse, warrant, or assume responsibility for the content, privacy practices, or conduct of any third-party sites. Accessing such links is done at your own risk.

Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of South Dakota and applicable federal law, without regard to conflict of law provisions. Any disputes arising from your use of this Site shall be subject to the exclusive jurisdiction of the state and federal courts located in [County], South Dakota.

2. Privacy Policy

Information We Collect

Dakota Performance Solutions may collect the following categories of personal information when you interact with our website, contact us, or engage our services:

How We Use Your Information

We use collected information to:

Sharing of Information

Dakota Performance Solutions does not sell your personal information. We may share information with:

Your Rights

Depending on your state of residence, you may have the right to access, correct, delete, or restrict the use of your personal information. To exercise these rights, contact us at legal@dakotaperformance.com. We will respond within 30 days as required by applicable law.

Data Retention

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, comply with legal and regulatory obligations (including federal records retention requirements), resolve disputes, and enforce our agreements. Federal contracting records may be retained for a minimum of three (3) to seven (7) years in accordance with the Federal Acquisition Regulation (FAR).

Security

We implement commercially reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, disclosure, alteration, or destruction. However, no data transmission over the internet can be guaranteed to be 100% secure.

3. Cookie Policy

What Are Cookies

Cookies are small text files placed on your device by a website. They are widely used to make websites work efficiently, enhance user experience, and provide reporting information to site operators. Dakota Performance Solutions uses cookies and similar tracking technologies (including web beacons, pixels, and local storage) on this Site.

Types of Cookies We Use

Strictly Necessary — Required for the Site to function. Includes session management and security tokens. Duration: Session.

Performance / Analytics — Collects anonymized data on how visitors use the Site (e.g., Google Analytics, Microsoft Clarity). Duration: Up to 2 years.

Functional — Remembers user preferences such as language, form auto-fill, and display settings. Duration: Up to 1 year.

Targeting / Marketing — Used to deliver relevant advertisements and track ad campaign performance (e.g., Google Ads, LinkedIn Insight Tag). Only with consent. Duration: Up to 90 days.

Third-Party — Set by embedded third-party services (e.g., CRM widgets, chat tools). Subject to those providers' policies. Duration: Varies.

Managing Your Cookie Preferences

You may control and manage cookies in the following ways:

Please note: disabling certain cookies may affect the functionality and performance of this Site.

Do Not Track Signals

Some browsers transmit "Do Not Track" (DNT) signals to websites. Because there is no uniform standard for how to respond to these signals, Dakota Performance Solutions does not currently alter its data collection practices in response to DNT signals. We will revisit this policy as industry standards develop.

4. TCPA Disclosure — Telephone Consumer Protection Act

The Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and regulations promulgated thereunder by the Federal Communications Commission (FCC) govern automated calling, texting, and faxing to consumers. The following disclosures apply to all communications initiated by or on behalf of Dakota Performance Solutions.

Express Written Consent

By submitting a contact form, requesting a consultation, or providing your telephone number on this Site, you expressly consent — using an electronic signature that has the same legal effect as a handwritten signature — to receive the following communications from Dakota Performance Solutions and its authorized agents:

You are not required to provide consent as a condition of purchasing any goods or services. Standard message and data rates may apply. Consent may be revoked at any time by replying STOP to any text message or contacting us at the information provided in Section 11.

Consent Language (Web Form Standard)

The following disclosure must appear adjacent to any web form that collects phone numbers:

"By providing your phone number and submitting this form, you authorize Dakota Performance Solutions to contact you at the number provided using automated technology, including calls and text messages. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to cancel. Reply HELP for help. Visit [URL] for Privacy Policy and Terms."

Prior Express Written Consent Requirement

Pursuant to FCC rules effective January 27, 2025 (following the FCC's 2023 TCPA One-to-One Consent ruling), Dakota Performance Solutions obtains prior express written consent that is: (a) signed by the consumer, (b) clearly and conspicuously discloses that the consumer authorizes contact from DPS specifically, and (c) identifies the specific telephone number(s) to which consent applies.

Revocation of Consent

You may revoke your consent to receive automated calls or texts at any time through any reasonable means, including but not limited to:

Revocation will be processed within a commercially reasonable time, not to exceed 10 business days per FCC guidance.

5. SMS Text Messaging Terms & Conditions

SMS Program Description

Dakota Performance Solutions may operate one or more SMS messaging programs for the purpose of sending:

Key SMS Terms

Opt-In: You opt in by submitting your mobile number via a web form, verbally confirming consent during a phone call, or replying YES/JOIN/START to an opt-in message from DPS.

Opt-Out: Reply STOP at any time. You will receive one final confirmation message and then no further texts.

Help: Reply HELP for customer support information or contact us at [Phone Number].

Message Frequency: Message frequency varies based on your account activity and program type. Promotional messages are limited to [X] per month.

Message & Data Rates: Standard message and data rates may apply depending on your carrier plan. DPS is not responsible for any charges imposed by your carrier.

Supported Carriers: AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, US Cellular, and other major U.S. carriers. Carrier availability may vary.

MMS Messaging: Where supported, DPS may send multimedia messages (MMS). Standard rates apply.

Shortcode / Longcode: Messages may be sent from a dedicated short code, 10-digit long code (10DLC), or toll-free number registered to DPS.

10DLC Registration Disclosure

Dakota Performance Solutions complies with carrier requirements for 10-Digit Long Code (10DLC) messaging under the industry standards established by CTIA and The Campaign Registry (TCR). Our messaging campaigns are registered with applicable carriers and adhere to CTIA Messaging Principles and Best Practices.

Important: Mobile carriers reserve the right to filter or block messages that do not comply with applicable regulations. DPS is not liable for messages that are filtered or blocked by your carrier.

Children's Privacy

Our SMS programs are intended solely for individuals 18 years of age or older. By opting into any DPS text messaging program, you represent that you are at least 18 years old. DPS does not knowingly collect information from minors.

Emergency Services

Dakota Performance Solutions' SMS programs are not intended to be used for emergency communications. Do not use these text messaging services to report emergencies. In case of an emergency, contact your local emergency services (911).

6. FCC Compliance Statement

Regulatory Compliance

Dakota Performance Solutions is committed to full compliance with all applicable rules and regulations promulgated by the Federal Communications Commission (FCC), including but not limited to:

Caller ID & STIR/SHAKEN

Dakota Performance Solutions transmits accurate caller ID information with all outbound calls. All calls are transmitted over authenticated VoIP infrastructure that complies with the FCC's STIR/SHAKEN caller ID authentication standards, designed to reduce illegal caller ID spoofing.

AI-Generated Communications Disclosure

Pursuant to the FCC's 2024 order on AI-generated voice calls, Dakota Performance Solutions discloses that: If any voice communication made on behalf of DPS uses artificial intelligence-generated voice content, you will be informed of this at the beginning of the call. Consent to receive AI-generated voice calls is separate from and in addition to any TCPA consent you have provided.

Abandoned Call Rate Compliance

Where DPS or its subcontractors utilize predictive or automated dialers, we maintain an abandoned call rate of no more than 3% of all answered calls per 30-day period, consistent with FCC requirements. Abandoned calls are not made to numbers on the National Do Not Call Registry.

7. Do Not Call (DNC) Policy

National DNC Registry

Dakota Performance Solutions respects and honors the National Do Not Call Registry maintained by the Federal Trade Commission (FTC). We scrub our contact lists against the National DNC Registry at a minimum of every 31 days. We do not make telemarketing calls to numbers listed on the National DNC Registry, except where an established business relationship, prior express consent, or applicable exemption applies under 16 C.F.R. § 310.4(b).

Internal DNC List

Dakota Performance Solutions also maintains its own internal Do Not Call list. To be added to our internal DNC list, you may:

All DNC requests will be honored within 30 days and maintained for a minimum of five (5) years per FTC regulations.

State-Specific DNC Protections

In addition to the National DNC Registry, DPS complies with state-specific do-not-call laws where applicable. Residents of states with heightened consumer telemarketing protections may have additional rights beyond those afforded by federal law.

8. Federal Contracting & Government Services Disclosures

SAM.gov & Federal Registration

Dakota Performance Solutions is registered in the System for Award Management (SAM.gov) and holds all required registrations and certifications for conducting business with the U.S. Federal Government. Our Unique Entity Identifier (UEI), CAGE code, and applicable NAICS codes are available upon request or through the SAM.gov public portal.

Applicable Federal Regulations

In the performance of federal contracts and subcontracts, Dakota Performance Solutions adheres to all applicable clauses and provisions, including:

No Representation of Government Endorsement

Nothing on this website constitutes or shall be construed as an express or implied endorsement, sponsorship, or approval by the U.S. Federal Government or any federal agency of Dakota Performance Solutions, its services, or its products. Any reference to past government contracts or performance is for informational purposes only.

Handling of Controlled Information

Where DPS handles Controlled Unclassified Information (CUI) or Personally Identifiable Information (PII) in the course of federal contract performance, such information is handled in strict compliance with applicable federal data handling requirements, agency-specific security plans, and applicable NIST SP 800-171 standards.

9. EEO Statement & Web Accessibility

Equal Employment Opportunity

Dakota Performance Solutions is an Equal Opportunity Employer. We do not discriminate on the basis of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, genetic information, protected veteran status, or any other characteristic protected by federal, state, or local law. This policy applies to all employment practices including hiring, compensation, promotion, and termination.

As a federal contractor, DPS takes affirmative action to ensure equal employment opportunity in accordance with Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA).

Website Accessibility (ADA / Section 508)

Dakota Performance Solutions is committed to making its website accessible to individuals with disabilities in compliance with the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act. We strive to meet the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

If you experience difficulty accessing any portion of this website, please contact us at [accessibility@dakotaperformance.com] or call [Phone Number]. We will make reasonable efforts to provide the information in an alternative format.

10. Disclaimer of Warranties & Limitation of Liability

Disclaimer of Warranties

THIS WEBSITE AND ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED HEREIN ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Dakota Performance Solutions does not warrant that this Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You assume full responsibility for your use of this Site.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAKOTA PERFORMANCE SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR OUR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER DAKOTA PERFORMANCE SOLUTIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall our total aggregate liability to you for all claims arising from the use of this Site exceed one hundred dollars ($100.00).

Indemnification

You agree to indemnify, defend, and hold harmless Dakota Performance Solutions and its officers, directors, employees, agents, and affiliates from any claim, demand, liability, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of this Site; (b) your violation of these Terms; or (c) your violation of any third-party right.

Changes to This Policy

Dakota Performance Solutions reserves the right to modify or update these disclosures at any time without prior notice. Changes become effective upon posting to this page. The "Last Updated" date at the top of this page reflects the date of the most recent revision. Your continued use of this Site following any modifications constitutes acceptance of the updated terms.

11. Contact Information — Legal & Compliance

For any questions, concerns, or requests related to this Legal Disclosure page, privacy rights, TCPA opt-outs, SMS opt-outs, or accessibility accommodations, please contact us:

Legal / Compliance Email: legal@dakotaperformance.com Privacy Requests: privacy@dakotaperformance.com Accessibility Requests: accessibility@dakotaperformance.com Mailing Address: Dakota Performance Solutions, LLC · [Street Address] · [City, South Dakota ZIP] Phone: [Business Phone Number] SMS Opt-Out: Reply STOP to any text message from DPS DNC Requests: Reply STOP to any text, or call/email the legal contact above

Response Time: We will acknowledge all legal inquiries, privacy requests, and opt-out requests within 5 business days and complete processing within 30 days as required by applicable law.