Terms and Conditions |
Message Communications, Inc. (Broadcaster), its affiliates, distributors, and their respective officers, directors, agents, employees, suppliers, owners, and shareholders
(collectively, the "Broadcaster Entities") shall not be liable and are not responsible for any loss or damage Client suffers, or any party
claiming through or under Client, as a result of, or related to, the use of the service including, but not limited to: any indirect,
incidental, special, punitive or consequential damages, resulting from or relating in any way to the use of the service even if the
Broadcaster Entities have been advised of the possibility of such damages. Client agrees to indemnify and hold Broadcaster Entities
harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising
out of the use of the service or the infringement of any trademark or copyright. Broadcaster Entities make no express or implied
representations or warranties about its service and disclaims any implied warranties, including, but not limited to, warranties of title,
implied warranties of merchantability, fitness for a particular purpose, legal compliance, or non-infringement. Broadcaster Entities
do not authorize anyone to make any warranties on the company's behalf and Client may not rely on any statement of warranty as a
warranty by Broadcaster Entities. Client will not utilize the service in a manner which results in violation of any law, rule or
regulation. Client bears full responsibility for compliance with all state and federal laws regarding the content of their message(s).
Client certifies message(s) used will be in compliance with 47 U.S.C. § 227 or certifies exemption from its requirements. Client
acknowledges that Broadcaster is a common carrier as defined in 47 U.S.C. § 153 hired to distribute messages on behalf of Client.
Client understands the Telemarketing Sales Rules ("TSR") as provided by the Federal Trade Commission ("FTC"). Client agrees to
maintain its own Subscription Account Number (SAN) with the FTC if necessary. Client certifies message(s) used and Caller ID
displayed will comply with all legal requirements. Client ensures compliance with the FTC's identification requirements and agrees to
maintain a Do-Not-Call policy as required by law. Client certifies message(s) used will not result in, or intended to result in the sale or
lease of goods or services to any California consumer in violation of California Civil Code §1770. Client certifies compliance with
California Business & Professions Code §17511 et seq. or exempted therefrom. Client certifies compliance with all requirements
prescribed in California Business & Professions Code §17500.3. Client agrees to maintain an agent for service of process if required
by the State of California. Client acknowledges that Broadcaster has no obligation to screen, preview, or monitor content of
message(s). Broadcaster retains the right to display scripts and recordings used to other prospective Clients. Client understands
example messages displayed are not for actual use, Clients selecting an example message for actual use do so at their own risk, on
their own initiative and are responsible for compliance with all applicable laws. Broadcaster may disclose to a third party any
information it deems necessary to satisfy any applicable law, regulation, legal process, governmental request, or in connection with
any investigation or complaint regarding Client's use of the Service. Client agrees to be responsible for all activities and transactions
that occur under Client's online account number(s). In the event of a default, Client agrees to pay all reasonable collection and/or
attorney fees. Broadcaster is authorized to debit Client's bank account via check draft or Electronic Funds Transfer ("EFT") for any
unpaid balance. The individual(s) signing this agreement personally guarantee all payments, debts, obligations, and liabilities incurred
under this agreement. Broadcaster is authorized to process any check payment(s) received as an EFT. Broadcaster entities shall be
held harmless in the event calls cannot be effected for any reason. Service is provided on a "as is" and "as available" basis.
Broadcaster reserves the right to cancel any scheduled campaign at any time. Should a scheduled campaign be canceled for any
reason by Broadcaster the limit of liability is the refund of the percentage of any remaining unearned revenue for that particular
campaign. Should a scheduled campaign be canceled by Client, no refund will be provided. Clients who manually disable their
broadcast or show no activity for over fifteen (15) days without prior written approval from Broadcaster are subject to immediate
cancellation with no refund. Client agrees to appropriately inform their staff and all incoming callers that calls may be recorded or
monitored. Client agrees the total liability under ANY circumstances of Broadcaster Entities hereunder shall not exceed $1,000 (One
Thousand Dollars) or the amount actually paid by the Client under this agreement, whichever is less. Call Duration (CD) measurement is based on the difference in time from acceptance of call by Public Switched Telephone Network (PSTN) and termination of call from PSTN billed in one minute increments. Any controversy or claim
arising out of or relating to this agreement shall be settled by binding arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association. The place of arbitration shall be Los Angeles, California and shall be governed in all
respects by the laws of the State of California without regard to its conflict of law provisions. Should any part of this Agreement be
declared invalid, the remaining portions shall remain in full force and effect as if this Agreement had been executed with the invalid
portion eliminated. Failure of Broadcaster to exercise any right under this agreement shall not constitute a waiver of such right. This
Agreement is the final, complete, entire, and exclusive agreement between Broadcaster and Client with respect to the subject matter
hereof, and supersedes any prior communications, oral or written, with respect to the subject matter hereof. No modification of, or
amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by
both parties.
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