TEXTING TERMS AND CONDITIONS


Your use and access of the texting messaging service (“Text Services”) of the Real Geeks, LLC CRM (Lead Manager) Platform is subject to these TERMS AND CONDITIONS. By using the Text Services you are fully accepting and agreeing to the TERMS, CONDITIONS, and DISCLAIMERS contained in this notice. If you DO NOT accept the terms, conditions and disclaimers you must IMMEDIATELY STOP USING the Text Services.


General


  1. Real Geeks, LLC grants Real Geeks, LLC clients (customers) access to Text Services for a flat monthly charge plus clients’ usage. Client understands that Real Geeks, LLC may change functionality as needed and remove or add functionality as time goes on. Real Geeks, LLC reserves the right to discontinue Text Services at any time.

  2. Client agrees to comply with the Texting Policies.


Texting Policies


Real Geeks, LLC customer (“Client”) shall comply and cause its employees, agents and any other persons under its control and users client has granted access to your Real Geeks, LLC CRM (Lead Manager) Platform to comply with the following procedures for sending text messages to individuals, contacts or clients’ (customers’) leads registered in the Real Geeks website and or CRM platform:


UNDER NO CIRCUMSTANCES may Client (or its employees, agents and any other persons under its control and users client has granted access to your Real Geeks, LLC CRM platform) contact a lead in the Real Geeks, LLC platform via text message until and unless Client confirmed and verified the following:


  1. The lead has agreed to the “Terms of Use” by registering on Clients Real Geeks, LLC website platform.

  2. The Lead has given other express written consent to be contacted by text message and Client has a record of that express consent. This applies to Leads that are imported or created and have not registered on the Clients Real Geeks, LLC website platform or agreed to the “Terms of Use”.

  3. The lead has not previously withdrawn consent to be contacted and has OPTED OUT of any types of communication including emails.


Under no circumstances may Client (or its employees, agents and any other persons under its control and users client has granted access to your Real Geeks, LLC CRM platform) contact a lead in the Real Geeks, LLC CRM Platform that has withdrawn consent and is tagged as “OPTED OUT” in the Real Geeks, LLC CRM platform. In the event that the Lead withdraws consent by requesting that text messages STOP from being sent, Client shall immediately mark lead as “OPTED OUT” and discontinue all contact via text messages.


It is Client’s responsibility to know all local and national laws regarding calling and texting. It is also Client’s responsibility to educate and teach all employees, agents and any other persons under its control and users Client has granted access to their Real Geeks, LLC CRM platform.


Limitations of Liability


Real Geeks, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

  • for any losses related to texting system.

These limitations of liability apply even if Real Geeks, LLC has been expressly advised of the potential loss.


Indemnification

 

You (Client) hereby agree to defend, indemnify and hold harmless Real Geeks, LLC and its business or technology partners, third-party suppliers, operators and providers, licensors, officers, directors, shareholders, employees, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) arising out of or in connection with any claim or action such as any act or omission that, if true, would constitute a breach of this Agreement, your use of Real Geeks, LLC Text Service in a manner not authorized by these Terms, and/or in violation of the applicable restrictions herein, and/or applicable law, any privacy violation or spam alleged to have been committed or sent by you (Client) through your use of the Text Service, or (otherwise arises from or relates to your use of the Text Service. In addition, you acknowledge and agree that Real Geeks, LLC has the right to seek and recover all of its damages caused by you when you use the Text Service for unlawful purposes, in an unlawful manner, in a manner that violates Real Geeks, LLC TEXTING TERMS AND CONDITIONS, acceptable use, import, and/or anti-spam policies, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. The terms of this section shall SURVIVE THE TERMINATION of your relationship with Real Geeks, LLC.