Call and Messaging Terms

by | Sep 7, 2024 | Terms

Last Updated: September 7, 2024 | Review Marketing Terms | Review Privacy Policy

The following terms (the “Supplemental Terms”) supplement the EXPLORINGNOTBORING BLLC (“ENB”) Marketing Terms that are in effect between you and ENB. Capitalized terms used but not defined in these Supplemental Terms have the meaning set forth in the Marketing Terms.

In order to evaluate and improve the quality of leads, ENB may monitor telephone calls, text messages, live chat, and other communications initiated through the Services (“Communications”).

These Supplemental Terms are agreed to and entered into upon receipt of payment for Services ( the “Effective Date”). If you choose not to accept these Supplemental Terms, you may not be able to use Service features that enable Communications (“Communication Features”). By accepting these Supplemental Terms, you agree as follows:

Notice and Consent. You have provided notice to your agents, employees, and any other party that may participate in the Communications that (a) these Communications may be monitored or recorded by ENB, and (b) such recordings may be used by ENB, you, or a third party approved by ENB or you and you have obtained their express consent to such monitoring and recording and use. If you are advertising on behalf of a third party, you have provided notice to the third party that (a) these Communications may be monitored or recorded by ENB, and (b) such recordings may be used by ENB, you, that third party, or any other party approved by ENB, you or that party; you have obtained the third party’s express consent to such monitoring, recording and use, and you have required the third party to provide such notice to, and obtain consent from, its agents, employees, and any other party that may participate in the Communications.

HIPAA Disclaimer. Unless otherwise specified in writing by ENB, ENB does not intend use of the Communication Features to create obligations under the Health Insurance Portability and Accountability Act, as amended (“HIPAA”), and makes no representations that the Communication Features satisfy HIPAA requirements. You, and any third party that you are advertising on behalf of, are solely responsible for any applicable compliance with HIPAA. Accordingly:

If you are (or become) a Covered Entity or Business Associate under HIPAA or are advertising on behalf of a third party that is (or becomes) a Covered Entity or Business Associate under HIPAA, and you wish to proceed with use of Communication Features, you should not accept these Supplemental Terms. Instead, please reach out to your ENB account executive or ENB support to request exclusion from monitoring and recording of Communications.

By accepting these Supplemental Terms, you warrant that (a) you are not a Covered Entity or Business Associate under HIPAA, (b) you are not advertising on behalf of a third party that is a Covered Entity or Business Associate under HIPAA, and (c) you will not use the Communication Features for any purpose or in any manner involving Protected Health Information.

Compliance with Law. You and any other party that may participate in the Communications will comply with the Telephone Consumer Protection Act and other applicable laws when using the Communication Features, and if you are advertising on behalf of a third party, you will require the third party and any other party that may participate in the Communications to comply with such laws.

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