Common use of Consumer Communications Clause in Contracts

Consumer Communications. i. In addition to and without limiting any other provision of the FSB Agreement, Customer represents and warrants that all email addresses and telephone numbers used in connection with the Services have been and will be properly obtained, in compliance with all provisions of the federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq., the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, and any other applicable federal, state, and/or local law regarding consumer communications. ii. To the extent that Company performs Services that involve contacting consumers on Customer’s behalf, Customer agrees it is Customer’s responsibility to obtain all necessary consents and to promptly notify Company of the revocation of any prior consents. iii. Unless Customer has independently selected the B.O.S.S. Service on its Order Form, no text messaging services are included as part of the FSB Agreement. iv. By providing a cell phone number of a consumer to Company in connection with the Services and not opting such cell phone number out of receiving communications under the FSB Agreement, Customer is directing Company to send communications by using prerecorded/artificial voice messages, text messages, and/or automatic telephone dialing systems to such cell phone number, and certifying that the user of such cell phone number has provided his/her prior express written consent to the receipt of those communications, and has not revoked his/her consent or otherwise opted-out from receiving calls or other communications to such cell phone. v. Customer accepts responsibility for all liability arising out of or relating to any failure to obtain user’s prior express written consent or failure to opt user out from such communications, as well as any failure to notify Company of user’s subsequent revocation of consent or opt-out from receiving calls or other communications to such cell phone. vi. Additionally, Customer may not attempt to spoof sender domains, send spam or other engage in offending text message practices. Company makes no express or implied warranty of individual message receipt. Company shall not be liable for any issues that arise associated with the content that Customer provides or unforeseen liabilities of it being delivered. Customer shall be solely liable to comply with applicable laws and regulations in connection with telecommunication (e.g., email, text and phone) messages that Customer sends. vii. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD COMPANY HARMLESS FROM ANY ACTION, COMPLAINT, CLAIM, OR LITIGATION ALLEGED OR ASSERTED AGAINST COMPANY FOR ANY VIOLATION OF THE FEDERAL CAN-SPAM ACT, FEDERAL TELEPHONE CONSUMER PROTECTION ACT, AND ANY OTHER APPLICABLE LAWS OR REGULATIONS REGARDING CONSUMER COMMUNICATIONS IN ANY APPLICABLE JURISDICTION.

Consumer Communications. i. In addition to and without limiting any other provision of the FSB this Agreement, Customer represents and warrants that all email addresses and telephone numbers used in connection with the Services have been and will be properly obtained, in compliance with all provisions of the federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq., the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, and any other applicable federal, state, and/or local law regarding consumer communications. iicommunications in any applicable jurisdiction. To the extent that Company performs Daxko may perform Services that which involve contacting consumers on Customer’s behalf, Customer agrees it is Customer’s responsibility to obtain all necessary consents and provide Daxko with all consumer preference information (such as an opt-out) required to promptly notify Company ensure that Daxko does not contact consumers in violation of the revocation of any prior consentssuch laws and regulations. iiiii. Unless Customer has independently selected the B.O.S.S. Service on its Order Form, no No text messaging services are included as part of the FSB this Agreement. iviii. By providing a cell phone number of a consumer to Company Daxko in connection with the Services and not opting such cell phone number out of receiving communications under the FSB this Agreement, Customer is directing Company Daxko to send communications by using prerecorded/artificial voice messages, text messages, and/or automatic predictive telephone dialing systems system to such cell phone numberphone, and certifying that the user of such cell phone number has provided his/her their prior express written consent to the receipt of those communicationsmessages, and has not revoked his/her their consent or otherwise opted-opted out from of receiving autodialed calls or other communications to such cell phone. v. . Customer accepts responsibility is responsible for all liability arising out of or relating to for any failure to obtain user’s prior express written receive consent or failure to opt user users out from of such autodialed calls and communications, as well as and/or for any failure to notify Company Daxko of user’s any subsequent revocation of consent or opt-out from receiving calls or other communications to such cell phoneopt out. viiv. Additionally, Customer may not attempt to spoof sender domains, send spam or other engage in offending text message practices. Company Daxko makes no express or implied warranty of individual message receipt. Company Daxko shall not be liable for any issues that arise associated with the content that Customer provides or unforeseen liabilities of it being delivered. Customer shall be solely liable to comply with applicable laws and regulations in connection with telecommunication (e.g., email, text and phone) messages that Customer sends. vii. v. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD COMPANY DAXKO HARMLESS FROM ANY ACTION, COMPLAINT, CLAIM, OR LITIGATION ALLEGED OR ASSERTED AGAINST COMPANY DAXKO FOR ANY VIOLATION OF THE FEDERAL CAN-SPAM ACT, FEDERAL TELEPHONE CONSUMER PROTECTION ACT, AND ANY OTHER APPLICABLE LAWS OR REGULATIONS REGARDING CONSUMER COMMUNICATIONS IN ANY APPLICABLE JURISDICTION.

Consumer Communications. i. In addition to and without limiting any other provision of the FSB Agreement, Customer represents and warrants that all email addresses and telephone numbers used in connection with the Services have been and will be properly obtained, in compliance with all provisions of the federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq., the federal Telephone Consumer Protection Act, 47 U.S.C. § 227, and any other applicable federal, state, and/or local law regarding consumer communications. ii. To the extent that Company performs Services that involve contacting consumers on Customer’s behalf, Customer agrees it is Customer’s responsibility to obtain all necessary consents and to promptly notify Company of the revocation of any prior consents. iii. Unless Customer has independently selected the B.O.S.S. Service on its Order Form, no Separate text messaging services are terms may apply if included as part of the FSB Agreementin Customer's Services. iv. By providing a cell phone number of a consumer to Company in connection with the Services and not opting such cell phone number out of receiving communications under the FSB Agreement, Customer is directing Company to send communications by using prerecorded/artificial voice messages, text messages, and/or automatic telephone dialing systems to such cell phone number, and certifying that the user of such cell phone number has provided his/her prior express written consent to the receipt of those communications, and has not revoked his/her consent or otherwise opted-out from receiving calls or other communications to such cell phone. v. Customer accepts responsibility for all liability arising out of or relating to any failure to obtain user’s prior express written consent or failure to opt user out from such communications, as well as any failure to notify Company of user’s subsequent revocation of consent or opt-out from receiving calls or other communications to such cell phone. vi. Additionally, Customer may not attempt to spoof sender domains, send spam or other engage in offending text message practices. Company makes no express or implied warranty of individual message receipt. Company shall not be liable for any issues that arise associated with the content that Customer provides or unforeseen liabilities of it being delivered. Customer shall be solely liable to comply with applicable laws and regulations in connection with telecommunication (e.g., email, text and phone) messages that Customer sends. vii. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CUSTOMER AGREES TO DEFEND, INDEMNIFY, AND HOLD COMPANY HARMLESS FROM ANY ACTION, COMPLAINT, CLAIM, OR LITIGATION ALLEGED OR ASSERTED AGAINST COMPANY FOR ANY VIOLATION OF THE FEDERAL CAN-SPAM ACT, FEDERAL TELEPHONE CONSUMER PROTECTION ACT, AND ANY OTHER APPLICABLE LAWS OR REGULATIONS REGARDING CONSUMER COMMUNICATIONS IN ANY APPLICABLE JURISDICTION.