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As the developer of portions of the software and services comprising the "Services" (defined below), wizardphone.biz ("Company" or "we") wants to ensure that all users of the Services are aware of, and abide by, all pertinent laws, including those new regulations effective on September 1, 2009. Among numerous features, portions of the Services are capable of sending prerecorded messages. Please review the following and if you have any questions contact your reseller or attorney before continuing. Awareness of Certain Laws. Prior to using this site or the services accessible through this site (collectively, "Services"), "You" (i.e., each end user, sales agent, reseller, or other party accessing the site) shall have made yourself aware of the legalities of all intended uses of the Services. Without in any way limiting the general nature of the Representations and Warranties set forth below or the covenant in the preceding sentence, You agree that you are aware of the laws and regulations contained on the following websites: * http://www.donotcall.gov (Do Not Call Registry) * http://www.ftc.gov (Federal Trade Commission and the Telemarketing Sales Rule) * http://www.fcc.gov (Federal Communications Commission and the Telephone Consumer Protection Act) Representations and Warranties. You represent and warrants that (i) You have all rights, power and authority to be bound hereby and to perform the obligations required hereunder; (ii) nothing contained herein places You in breach with any other contract or obligation; and (iii) You are, and at all times shall remain, in full compliance with all applicable laws and regulations concerning privacy, telemarketing and internet marketing, and otherwise relating to your use of the Services (including, without limitation, the Telemarketing Sales Rule ("TSR"), the Telephone Consumer Protection Act ("TCPA"). Indemnification. You agree to indemnify and hold harmless Company and Company's affiliated entities, officers, directors, employees, and agents, and shall defend, at Your expense, and pay the cost of any damages, settlement or award (including reasonable attorneys' fees and all related costs) arising out of, or in connection with, any actual or threatened claim, suit, action or proceeding by any person or authority arising out of Your violation of any representation, warranty or covenant contained herein, or any use by You, any account of Yours, or anyone else using your login information, to access the site or utilize the Services. If You fail to promptly investigate and defend or settle any claim of which You are notified, then Company has the right to take sole control over defense of the claim and all negotiations for its settlement or compromise, and You shall pay, as they become due, all of the reasonable costs and expenses (including reasonable attorneys' fees and related costs) reasonably incurred by Company in defending or negotiating settlement of the claim, and You shall satisfy any related settlement, award, or judgment.
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