Legal Disclaimer for FTC Do Not Call Registry Blocker for Calls/SMS
By using the DNC Algorithm product add-on ("the Add-On") provided by Kixie ("the Company"), you acknowledge and agree to the following terms and conditions. Please read this disclaimer carefully before using the Add-On. If you do not agree with any part of this disclaimer, you should refrain from using the Add-On.
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Compliance with Applicable Laws: The Add-On is designed to assist Kixie agents in complying with the regulations set forth by the Federal Trade Commission's (FTC) Do Not Call (DNC) Registry. However, it is your sole responsibility to ensure compliance with all applicable laws, rules, and regulations relating to telemarketing and telephone solicitations, including but not limited to the FTC's DNC Registry.
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Warning Prompt and User Discretion: The Add-On provides a warning prompt to Kixie agents when they attempt to call or text a phone number that Kixie's proprietary DNC algorithm detects as likely to be included on the FTC's Do Not Call Registry. This prompt allows the agent to decide whether to proceed with the call or text. The Company does not make any representations or warranties regarding the accuracy or completeness of the information provided by the Add-On, including the status of phone numbers on the DNC Registry. The final decision to proceed with the call or text rests solely with the Kixie agent.
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Consent and Communication: The Add-On allows Kixie agents to call or text phone numbers that Kixie's proprietary DNC algorithm detects as likely to be included on the FTC's Do Not Call Registry if they have already consented to communication from your business. It is your responsibility to obtain appropriate consent from individuals before contacting them and to maintain adequate records of such consent. The Company disclaims any liability arising from your failure to obtain valid consent or any misuse of the Add-On in connection with communication to individuals on the DNC Registry.
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PowerList and PowerDialing: When using the Add-On with PowerList and PowerDialing features, it is important to note the following:
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- If the PowerList DNC Consent feature is turned OFF, Kixie agents with the Add-On will be blocked from PowerDialing numbers that Kixie's proprietary DNC algorithm detects as likely to be included on the FTC's Do Not Call Registry.
- If the PowerList DNC Consent feature is turned ON, Kixie agents with the Add-On will not be blocked from PowerDialing numbers that Kixie's proprietary DNC algorithm detects as likely to be included on the FTC's Do Not Call Registry.
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User Responsibility: You understand and agree that the Add-On is provided on an "as-is" and "as-available" basis. The Company does not guarantee the uninterrupted or error-free operation of the Add-On. You agree to use the Add-On at your own risk and assume all responsibility for the consequences resulting from its use.
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Indemnification: To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Add-On, your violation of any applicable laws or regulations, or your breach of any term of this disclaimer.
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Modification and Termination: The Company reserves the right to modify, suspend, or terminate the Add-On or this disclaimer at any time without prior notice. The Company shall not be liable to you or any third party for any modification, suspension, or termination of the Add-On or this disclaimer.
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Governing Law: This disclaimer shall be governed by and construed in accordance with the laws of the jurisdiction in which the Company is located, without regard to its conflict of laws principles.
By using the Add-On, you acknowledge that you have read, understood, and agreed to this disclaimer, and you represent that you have the authority to bind yourself or the entity you represent to these terms and conditions.
If you have any questions or concerns regarding this disclaimer, please contact support@kixie.com.