These Recorded Call Services Terms and
Conditions supplement the Call Analytics Terms and Conditions (located
at: http://www.marchex.com/legal/terms-and-conditions-ca) or such successor URL(s) implemented by Marchex
from time to time), and apply to any Customer using the Recorded Call
Services. Any capitalized terms used herein but not defined shall have
the meaning ascribed to it in the Call Analytics Terms and Conditions.
In connection with its use of the Recorded
Call Services, Customer acknowledges and agrees that:
- Recording of calls under the
Services is part of an optional product feature made available by Marchex,
which may include corresponding data related thereto (collectively,
the "Recorded Call Services"). Customer may elect not to use
the Services Recorded Call Services. In the event that Customer elects
to use such Recorded Call Services or otherwise activates such Recorded
Call Services, these additional Terms and Conditions shall apply in
full to Customer and any of its Clients, contractors or agents;
- In connection with the Services,
calls that are placed using Marchex telephone numbers ("Marchex
Numbers") may be recorded, and, therefore, Customer or its Clients,
contractors or agents, at the direction of Customer, shall advise all
callers to Marchex Numbers prior to any connection to Customer or its
Clients or others that each call is subject to recording and monitoring
(the "Recorded Call Notice"). In connection therewith, Customer
shall use all available product functionality or other available means
to ensure that the call receives the appropriate Recorded Call Notice
prior to connection with the Customer designated telephone number(s);
- Customer represents and warrants
that Customer shall use the Services (and any data acquired in connection
therewith) in full compliance with all applicable laws and regulations.
Customer further represents and warrants that Customer has established
proper procedures to protect the privacy of, and otherwise comply with
all applicable laws, regulations and governmental or self-regulatory
guidelines as such concern all callers and call recipients in connection
with the Recorded Call Services used hereunder (including, without limitation,
making all necessary disclosures regarding Recorded Calls, obtaining
all necessary consents or approvals with respect thereto, and maintaining,
using and disclosing, as the case may be, all data acquired in connection
therewith only in a manner that complies with all applicable laws and
regulations);
- Customer is solely responsible
for, and Marchex shall have no liability with respect to, without limitation:
(1) the legality of recording, monitoring, storing and/or disclosing
the contents of telephone calls or caller or call recipient information;
(2) the legality of the language used in the Recorded Call Notice; and
(3) the legality of Customer's use of data acquired from the Services
and any calls, callers or call recipients; each of which shall be subject
to the implementation and the control of Customer;
- Customer further represents,
and warrants that its use of the Recorded Call Services is for "quality
assurance" and "customer service" purposes only;
- If Customer is a publisher
or agency that intends to offer use of the Recorded Call Services to
its Clients, in addition to the requirements of the Services Terms and
Conditions, Customer shall include in the Client Terms those additional
representations and warranties, indemnification and other obligations
included in Sections 3 through 5 hereof with respect to the Recorded
Call Services; and
- Marchex may modify the terms
and conditions of this Agreement by posting the revised terms and conditions
to its website. Customer's continued participation in the Service following
such changes signifies Customer's acceptance of such modification.
Effective June 1, 2010
