Legal

Copyright 2015 – 2017 Agent Legend, Inc.   All rights reserved worldwide. AGENT LEGEND is a common law trademark of Agent Legend, Inc. All other trademarks are the property of their respective owners. Special Disclaimer: OUR SERVICES AUTOMATE THE PROCESS OF CONTACTING LEADS AND CONTACTS VIA EMAIL, MMS, AND SMS TEXT MESSAGES, AND DIRECT-TO-VOICEMAIL MESSAGES (VOICE DROPS). LEGAL COMPLIANCE FOR THESE COMMUNICATIONS IS THE SOLE RESPONSIBILITY OF THE SUBSCRIBER, INCLUDING WITHOUT LIMITATION THE U.S. CAN-SPAM ACT FOR EMAIL, THE FCC’S TCPA REGULATIONS, AND FTC ADVERTISING REGULATIONS.

General Information For Subscribers:  YOU ACKNOWLEDGE THAT WE ARE NOT ATTEMPTING TO INTERPRET LAWS AND REGULATIONS FOR YOU REGARDING YOUR CALLS AS SUBSCRIBERS, NOR ARE WE PROVIDING LEGAL ADVICE, AND THE FOLLOWING GENERAL INFORMATION SHOULD NOT BE RELIED UPON AS SUCH.  INSTEAD, THE FOLLOWING IS FOR INFORMATIONAL PURPOSES ONLY AND IS PROVIDED SOLELY FOR PURPOSES OF GENERAL INFORMATION.

Email Requirements:

• Agent Legend has a zero-tolerance spam policy. This means that all email recipients must have opted in to, or otherwise validly consented to, receiving communications from you, the sender. Subscriber accounts may be terminated for sending unsolicited email messages.

• Email messages sent in connection with Agent Legend services or software must contain an “unsubscribe” link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from any emails. You will actively manage and process unsubscribes requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests.

• You are responsible for ensuring that the email messages you send in connection with your surveys do not generate a number of spam complaints or bounce rates in excess of industry standards. If Agent Legend determines that your level of spam complaints or bounce rate is higher than industry standards, Agent Legend, at its sole discretion, has the right to suspend or terminate your use of its website, services, and software. If you receive low response rates, high abuse rates, or high bounce rates, we may request additional information regarding your mailing lists to investigate and attempt to resolve the problem, or in some cases, we may suspend or remove email privileges on your account.

Email Restrictions:

• Emails you send via Agent Legend must have a valid reply-to email address owned or managed by you. You can only use Agent Legend to send emails to lists of people that gave you permission to email them.
• We prohibit the use of harvested mailing lists. Agent Legend will terminate accounts violating this prohibition.
• We prohibit the use of third-party, purchased, or rented mailing lists unless you are able to provide proof that individuals on the list have opted-in to receiving emails of the type you will be sending them.

• You must not send unsolicited mail to newsgroups, message boards, distribution lists, or email addresses.
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• You must not utilize any Agent Legend services or software to send any commercial electronic mail messages (as defined in the CAN-SPAM Act of 2003) to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned. If you intend on sending commercial emails, it is your responsibility to comply with and you should familiarize yourself with the CAN-SPAM Act, which outlines requirements under United States law for sending out such emails, and any other applicable anti-spam laws.

• You must not use Agent Legend to send emails with deceptive subject lines or false or misleading header information.

The Telephone Consumer Protection Act (and Do Not Call List):

• The Federal Telephone Consumer Protection Act (TCPA) and related FCC regulations shield consumers from unwanted telemarketing. The TCPA defines telemarketing as the initiation of a telephone call or fax for the purpose of encouraging the purchase or investment in property, goods, or services, which is transmitted to any prospective customer at a residence. The TCPA governs cold calls, prerecorded sales calls, and the use of auto- dialers, fax machines, and other telemarketing strategies.
• The TCPA mandates that telemarketers:

• Maintain a Do Not Call Policy
• Promptly provide a copy of the Policy to requesting consumers
• Only make calls between 8 a.m. and 9 p.m. (local time of the person being called)
• Identify the caller name, company name and caller location
• Maintain and comply with a company “do not call” list derived from the federal “do not call” registry Honor a consumer’s request made during a call to place the consumer’s name on the “do not call” list Transmit caller ID information
• Not abandon outbound calls

Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.