Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx 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 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,...
Text Messaging Terms and Conditions. The parties agree that this Addendum, effective on the Effective Date, may be executed by execution of this or a governing document. The parties further agree that such execution may occur by any means of signature, including via electronic commerce or transmission, including facsimile, email, or acknowledgement through a webpage. To that end, by executing the Services Order, Xxxxxxxx agrees to be bound by the all the terms and conditions of the Agreement, including this Addendum. Unless otherwise stated herein, this Addendum, together with the Agreement, collectively govern those certain terms applicable to the KLaunch Services. The terms of this Addendum are supplemental to, and are not in lieu of any of the terms of the Agreement. In the event of a conflict between a Service Order, the Agreement, and this Addendum, the terms of this Addendum shall prevail but only for the express purposes of the conflicting provision. Notwithstanding the foregoing, in the event a provision in the Agreement begins with “without limiting” or
Text Messaging Terms and Conditions. By submitting your Membership Application and providing a valid cell phone number or texting “Yes” and opting- in to our text messaging service (“Text Banking”) for text offers and information, you acknowledge and agree: ❖ Text Banking is provided as a service to you and we may cancel your subscription to Text Banking at any time without notice to you. ❖ You agree to provide a valid cell phone number which you own or are authorized to provide to use for Text Banking. ❖ You agree that Text Banking may send you text messages through your cellular service provider that may include information about your applicable account. ❖ You will not receive more than 10 text messages per month. ❖ We will never ask you to send us sensitive information via text message. If you receive a text message requesting sensitive information, please do not respond and contact us immediately by phone at (000) 000-0000. ❖ You understand the text messages we send may be seen by anyone with access to your phone. You are responsible and should take steps to safeguard your phone and your text messages if you want them to remain private. Text messages are not encrypted. Do not attempt to send sensitive information via text messaging. ❖ Text Banking allows you to receive alerts and view balances on your cell phone. You agree to indemnify, defend, and hold Enbright and any other companies or entities involved in the design, development, or operation of Text Banking harmless from and against any and all claims, losses, liability, damages, or costs arising from your use of Text Banking. Enbright and any other companies or entities involved in the design, development or operation of Text Banking will not be liable for any losses or damages caused by disclosure of account information to third parties resulting from your use of Text Banking. ❖ We may change these terms and conditions at any time. Updated terms and conditions shall be effective when posted to our website. You agree to review the terms and conditions regularly to ensure you are aware of any changes. Your continued use of this service after the terms and conditions have been changed shall constitute your acceptance of the new terms and conditions. ❖ Supported carriers include, but not limited to, AT&T, Sprint, T-Mobile, Verizon Wireless, Virgin, T-Mobile/MetroPCS, CellCom USA, Spectrum Wireless, U.S. Cellular, and Google Voice. Supported carriers are subject to change at any time. ❖ We do not charge fees for Text Banking, but your c...
Text Messaging Terms and Conditions. (a) Kerauno Launch offers a mechanism for Persons to opt-out of receiving Text Messages from Customer. Customer represents and warrants that it shall include opt-out capabilities in each Message if required by Law, and Customer accepts sole responsibility for making that determination. If a Subscriber sends an explicit and unambiguous opt-out request directly to the Kerauno Launch Platform by a Subscriber originated Text Message via mobile handset origination, then KSG will confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KSG will not send an opt-out confirmation in respect of any other Subscriber opt-out request (e.g. an ambiguous Text Message, or an opt-out request initiated online, via the web, by voice call, or letter addressed to a street address); Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG to send out such messages if so required, (b) KSG uses all commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided by the Providers. To that end, KSG makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSG’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSG, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does not respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providers, and KSG will not be held liable for such provisioning delays from specific Providers or Customers, or for reasons outside of KSG’s control, (d) Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG and may be shared among multiple KSG customers. At Customer’s own expense, and for its own use, Customer may lease a Random Short Code, or purchase a Vanity Short Code. At all times a Short Code is active, Customer will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages,
