Common use of Text Messaging Terms and Conditions Clause in Contracts

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, ▇▇▇▇▇▇▇▇ agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible for instructing KLaunch to Initiate its desired Messages. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) Customer represents and warrants that KLaunch will have no liability, and that Customer shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) KLaunch will use commercially reasonable efforts to ensure that KLaunch conveys Customer’s Messages as directed by ▇▇▇▇▇▇▇▇. KLaunch cannot guarantee that Messages, once sent by KLaunch, will be received, delivered or opened, (d) KLaunch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered), and (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform the customer of the violation.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, ▇▇▇▇▇▇▇▇ agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible for instructing KLaunch K Launch to Initiate its desired Messages. The Customer further agrees and acknowledges that KLaunch K Launch is not the sender of the Messages Initiated by Customer’s use of KLaunchK Launch, (b) Customer represents and warrants that KLaunch K Launch will have no liability, and that Customer shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ including Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunchK Launch, (c) KLaunch K Launch will use commercially reasonable efforts to ensure that KLaunch K Launch conveys Customer’s Messages as directed by ▇▇▇▇▇▇▇▇Customer. KLaunch K Launch cannot guarantee that Messages, once sent by KLaunchK Launch, will be received, delivered or opened, (d) KLaunch K Launch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered), and (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch K Launch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch K Launch will inform the customer of the violation.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, ▇▇▇▇▇▇▇▇ agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible for instructing KLaunch to Initiate its desired Messages. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) Customer represents and warrants that KLaunch will have no liability, and that Customer shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ including Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) KLaunch will use commercially reasonable efforts to ensure that KLaunch conveys Customer’s Messages as directed by ▇▇▇▇▇▇▇▇Customer. KLaunch cannot guarantee that Messages, once sent by KLaunch, will be received, delivered or opened, (d) KLaunch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered), and (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform the customer of the violation.