HomeMy WebLinkAbout20153266.tiff RESOLUTION
RE: APPROVE MARKETING SERVCES AGREEMENT AND AUTHORIZE CHAIR
PRO-TEM TO SIGN - DEX MEDIA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Marketing Services Agreement between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the Department of Information Technology, and Dex Media,
commencing upon full execution of signatures, with further terms and conditions being as stated
in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Marketing Services Agreement between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Information Technology, and Dex Media be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is,
authorized to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY: G
ty Clerk to th Board
,an P. Conway
APPROVED AS TO FORM:
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2015-3266
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MEMORANDUM
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To: Esther Gesick, Clerk to the Board
1i r
fr ' From: Ryan Rose,Chief Information Officer 1�
Date: September 28,2015
Subject: Dex Advertising Proposal Agreement
The Dex Advertising Proposal Agreement has been reviewed by Weld County legal and
we are requesting the BOCC approve and sign. This agreement is for one year of
advertising in the Greeley Dex phone directory. Department Heads Judy Griego, Mark
Wallace, and Trevor Jiricek have approved their respective ads.
We respectfully request the Weld County BOCC approve the agreement with Dex Media.
2015-3266
ID� l� a DOD S
d ex media. Dex Advertising Proposal
The following advertising will appear in the Issue Date : 12/2015
GREELEY-YELLOW directory(GRYY)
Current Future
Heading Section Coedme Description Bndl Monthly Monthly
Investment Investment
Area Agency On Aging 970-346-6950 (970-346-6950-000003/YAL)
315 N 11th Ave Building C Greeley CO 80631-2014
SENIOR CITIZENS'SERVICES I I BLN I Bold Listing-Name and Number I I I $31.00
Weld County Health Department 970-304-6420 (970-304-6420-000003/YAL)
1555 N 17th Av
CLINICS-MEDICAL I I 5HSS I 2 1/2 inch Space Listing J I I $100.00
Weld County Health Department Laboratory 970-304-6415 (970-304-6415-000002/YAL)
1555 N 17 Av Greeley CO 80631-9117
LABORATORIES-TESTING 1 MSWC Size 1-b Space Listing with White $28.50
Background and Color
Weld County Household Hazardous Waste Program 970-304-6415 (970-304-6415-000005/YAL)
(Omit Address Print Community)
WASTE DISPOSAL-HAZARDOUS 2HSW Size 2 Space Listing with White $38.50
Background
Monthly Investment $198.00
Your Dex Media Marketing Consultant is:Gregory Rau
(Phone): -- (Toll Free):800-422-1234 (Fax):
Email:Gregory.Rau@DexOne.com
Weld County Government-Customer 5203357033-Susan Quick Page 1 of 1 Prepared on September 16,2015
Marketing Consultant:Gregory Rau Proposal B
dex media. Marketing Services Agreement fftfl ( HflflI
5203357033 -Weld County Government
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Customer Billing Information :
Billing Account Number: 120565841 Billing Telephone Number. (970)304-6400
Billing Account Name: Weld County Government Phone Services Billing Address: PO Box 758
Greeley,CO 80632-0758
Directory Products
PRODUCT NAME PRODUCT CODE ISSUE DATE MONTHLY BILLING
GREELEY-YELLOW GRYY 12/2015 $198.00
THE PERSON SIGNING ON BEHALF OF ADVERTISER OR ORALLY AUTHORIZING THE ADS AND SERVICES(i)CERTIFIES THAT HE OR SHE IS EITHER THE ADVERTISER OR
IS AUTHORIZED BY THE ADVERTISER TO SIGN OR ORALLY AUTHORIZIE THIS AGREEMENT,AND(ii)ACKNOWLEDGES AND AGREES THAT HE OR SHE READ.
UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS THAT ARE A PART OF THIS AGREEMENT.BY SIGNING BELOW,YOU ACKNOWLEDGE}��A THAT YOU HAVE
O REQUESTED T T YOUR ADVERTISING PROGRAM DESCRIBED IN THIS AGREEMENT AND YOU AGREE T OL 1T ntri.TIONS.
Authorized Customer Signature Signature Date
Mike Freeman Pro—Tem mfreeman@weldgov.com
Print Name Title Email
Marketing Gregory
Ra Gregory Rau
I IIII IIIII I II 11111111111
NI IIII IIIII Ili III September
Page 1 of 1
(F): Gregory R Consultant:
Gregory om Generated on Se tember 16,2015
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ATTEST: d/„Ji ( ) G. LO;&k, BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WELD COUNTY, COLORADO
BY•
Deputy Jerk to th� ► ., . /� �► Mike Freeman, Pro—Tem
OCT 12 2015
APPROVED AS TO FUNDI • 1/4?� APP ED AS TO SUBSTANCE:
t
Barb Connelly, Co oiler �►� �� f Ry ow, Department Head
APPROVED AS TO FORM:
Trevor Jiricek, Director of General Services
Bruce Barker, Coun y ��
dex media Marketing Services Agreement
Terms and Conditions
"You"or"Advertiser"means the individual or business entity listed above."We,""us"and"our"means SuperMedia LLC,R.H.Donnelley Inc.,Dex One East,Inc.,
Dex One West,Inc.,or Dex One Digital,Inc.(collectively,"Dex Media")depending on which entity or entities provide your products and/or services."Print Ads"
means advertising in our print directories or other printed non-directory products,including but not limited replicated in print,online or other media, but does not
include Listings(together,"Publications")."Digital Ads and/or Services"means advertising or services on various digital media,including,the Superpages.com®
service or DexKnows.com service, consisting of websites we own and third party websites, wireless platforms, mobile platforms, and other applications for
which we have agreements from time to time(collectively our"Digital Platform")."Listing"means the telephone company's data containing a standard dataset
including,but not limited to,the listed name,address,telephone number,and,if available, yellow pages heading assigned at the time of initiation of telephone
service."Product"or"Products"mean Print Ads,Listings,and Digital Ads and/or Services. You agree that this Marketing Services Agreement and any additional
terms and conditions("Additional Terms")that we publish on the websites described in the next sentence and that are in effect on the Agreement Date or that
are included in any pre-printed addenda we provide (together, the"Agreement") apply to the Products listed in the order section above. These terms and
conditions also are available at www.dexmedla.com/terms, You are responsible for reviewing these terms and conditions and the Additional Terms.
1. Order. By signing below or by recorded oral agreement(herein so called), Bundle to align with the extended Issue Period.We may start billing before
you authorize us to publish the Products listed in this Agreement in the we publish,distribute,or provide Products, and monthly billing for Print Ads
applicable Publications and/or Digital Platform. You also authorize us to act may continue after we distribute the next issue.
as your agent to request from your local telephone carrier any Listing 6. Payment Terms.You agree to pay all charges in full by the due date.You
changes that you provide to us.The"Agreement Date"is the date you sign agree that you may not withhold any payment for any reason, including any
this Agreement or orally consent to this Agreement. dispute between you and us.We may require full or partial advance payment
2,Notices/How to Contact Us. All notices,including termination notices to us, prior to providing any Products.You authorize us to review your credit history
must be in writing and mailed by U.S.mail or overnight carrier to: Dex Media, and to obtain your credit report, and you agree that we may report to credit
1615 Bluff City Hwy, Bristol, TN 37620 or sent by going to reporting agencies your failure to make payments as required by this
www.dexmedia.com/contact-us, and completing the requested information in Agreement. We may apply payments from you, or monies owed to you,
the "Send us a Message" section. Cancellation notices must include your toward amounts owed under this Agreement or any other amounts you owe
business name, telephone number, and address. For questions about this us. If you pay by credit card,we will bill the card automatically at the start of
Agreement or your advertising, please call Client Care at 844-DEXMEDIA each billing period.
(339-6334). 7. Late Charges. We will assess, and you agree to pay, late charges on
3. Term. Subject to automatic renewal as described in Section 4 and account balances not paid by the due date (including balances accelerated
unless otherwise provided in the Additional Terms, (i) the Initial Billing under Section 8). Late charges will begin to accrue after the due date at a
Term for a Print Ad is the period we provide such product,and(ii)the Initial rate equal to the lesser of 18% per annum or the highest lawful rate. In
Billing Term for Digital Ads and/or Services is 12 months or such other period addition,if you submit a check or draft that is dishonored for any reason,you
as is set forth in the order section of this Agreement.We typically provide a agree to pay, in addition to the face amount of the check or draft, a service
Print Ad for 12 months(the"Issue Period")for each directory issue;however, fee in an amount equal to the highest lawful amount.
you agree that we may, at any time and without notice to you, increase or 8. Our Remedies. If you or your affiliates do not pay all charges by 30 days
decrease the Issue Period of a Print Ad by up to six months. after the due date,fail to meet any other obligation under this Agreement or
4. Revision/Cancellation/Automatic Renewal.You may revise or cancel under any other agreement between us, or make any Client Representation
the request for Products only by written notice that is received by us(i) or warranty that is or becomes untrue,we may,without notice:(i)require you
for Print Ads in Publications(except for limited inventory items), by the to pay immediately all unpaid amounts you owe and will owe for all Products
later of the close date or three business days after the Agreement Date, for the entire term of this Agreement; (ii) remove your Print Ads from any
(II)for limited inventory Items in Publications, within three business Publication that has not published; (iii) remove, suspend, or modify your
days after the Agreement Date; and(iii)for Digital Ads and/or Services, Digital Ads and/or Services; (iv) suspend or terminate any Product without
within 21 days after the Agreement Date. We may cancel your Products liability (v) recover all collection costs and attorneys' fees; (vi) redirect to
without notice at any time for any reason. If required by law,we will another company possibly a competitor or permanently or temporarily
attempt to contact you regarding the renewal of your Print Ads. If we disconnect the unique telephone numbers appearing in your Products;
send a renewal notice to you either by mail or email regarding your Print and(vii)pursue any other available legal or equitable remedies. If we receive
Ads for the next issue of a publication and we do not receive a written notice from another party contesting your right to use or display a name,
cancellation notice from you by the close date, we may trademark, service mark or other content, in addition to the remedies above,
automatically renew your Print Ads,except for limited inventory items we may,without liability to you,cancel or reject the Products until you have
(Section 17), in the next subsequent issue. You are responsible for resolved the dispute with the other party to our satisfaction.
obtaining a Publication close date by calling Client Care at 844- 9 Limitation of Liability/Disclaimers. You agree to review the Products
DEXMEDIA (339-6334). We may automatically renew your Digital Ads immediately after their publication or provision and to notify us in writing of
and/or Services for successive Terms after the end of the initial term any errors or omissions no later than 30 days after the error is first published
unless we receive written cancellation notice at least 30 days before or displayed or the Products omitted. You agree that we may provide free
the end of the current Term of your Digital Ads and/or Services. You advertising pursuant to our then-current policies instead of a refund or credit
agree that the then current undiscounted rates and terms and to your account, and that we will have no liability with respect to any Listings
conditions will apply to automatically renewed Products. In the event or Products provided to you at no cost. The total aggregate liability for us
this contract is renewed, you will not be charged an additional set-up fee and our affiliates for errors in or omission of Products,negligence,any
related to your Product Bundles. breach of this Agreement,and any other cause of action or wrongful act
5. Charges/Billing. You agree to pay the monthly rates identified in this is limited to,and shall in no event exceed,the lesser of(a)the amount
Agreement for the period we provide the Products (and for subsequent by which the value of the Product(s) was/were diminished or (b) the
terms, the then current undiscounted rates). You also agree to pay any amount you have paid for the Product(s)giving rise to the liability(the
one-time charges listed on this Agreement and any taxes due on your "Liability Cap"). We are not liable for consequential damages,punitive
Products. You will receive one annual invoice if your total monthly damages, incidental damages, or damages for harm to business, lost
spend is less than $25.00. If your total monthly spend is greater than revenues, profits, or goodwill, or any other special damages, whether
$25.00 and you elect a monthly billing option which is not scheduled for the claim is based on negligence, breach of contract or express or
automated electronic payment (credit card or debit transaction), you implied warranty, strict liability, misrepresentation, statute, tort,or any
agree to pay a monthly invoicing fee equal to $5.00. At any time you other theory of recovery,even if you or we knew such damages could or
elect to cease using the automated payment or your payment is may result.We disclaim any obligations, representations,or warranties,
rejected,we may reinstate the monthly invoicing fee. If an Issue Period is whether express or implied, that are not expressly set forth in this
increased or decreased, charges for Print Ad will continue or stop Agreement including any warranty of merchantability or fitness for a
accordingly. If an Issue Period is increased and your Print Ad is part of a particular purpose. Without limiting the generality of the foregoing,we do
Bundle Product,you remain responsible for the full price of the Bundle should not warrant and you expressly disclaim any reliance on any statements or
we elect, in our sole discretion, to extend any Digital Ad or Service in the representations, including estimates, not contained in the Agreement,
Rev ApO/2015 Page I of 3
including without limitation the number of responses to your Products, the publicly perform, distribute (in any form or media), transmit by any means,
number of persons who will view your Products, or any other business and create derivative works from the Client Content in,and for the marketing
benefit.The limitations in this Section shall apply notwithstanding any failure and sale of, our products and services. You are solely responsible for the
of essential purpose under this Agreement.We are not liable to you for any Client Content and will produce and deliver all Client Content in accordance
deviation from or change in our policies,practices,and procedures,including with our then current guidelines, procedures, technical requirements, and
without limitation those regarding the placement, position, or location of deadlines.If you fail to comply,we may cancel or suspend your Products.
Products, headings, or categories. You may increase the Liability Cap 16. Our Rights in Advertising Content/Coovriaht/Trademarks. If we create or
with regard to paid Products by agreeing to pay additional charges that supply any content for your Products or design your Products, the content
will be determined by mutual agreement between you and us.You may and the Products we create are our sole and exclusive property, except for
obtain information about this option by contacting us at 844-DEXMEDIA Client Content and content we license from a third party.We may supply such
(339-6334). Notwithstanding the Liability Cap, if you purchase content to other Clients.You agree that you have no right to use that content
advertising for a Maine telephone number in a Maine print directory and or the advertising developed with that content in other advertising or materials
we omit that Print Ad or publish an incorrect telephone number in that or in any other way,or to permit others to use the advertising or content.You
Print Ad,we will refund all amounts you have paid for the Print Ad and agree that we own the copyright in, and all copyrighted portions of, each
pay you$500 in liquidated damages unless:(i)you have a correct Print Publication and Digital Platform.You agree not to use or alter any trademark,
Ad under the same or related heading;or(II)for an incorrect telephone trade name, trade dress or any name, picture or logo that is commonly
number,we have made arrangements so that you can be reached at the identified with us or our affiliates unless permission Is granted by us in writing.
incorrect number within 60 days after we received notice of the error or
omission. If you pay a surcharge equal to 50% of your advertising, 17. Client's Representations. You represent and warrant that: (i)you have
there will be no limitation on our liability for errors in or omission of the unrestricted right to use, and to grant the licenses you grant in this
your Print Ads In a Maine print directory. For additional information, Agreement with respect to,all Client Content and that your licensing of Client
call 044-DEXMEDIA(339-6334). Content to us will not infringe any third party copyright or trademark rights;(ii)
10. Waiver of Class Action and Jury Trial and Consent to Binding Arbitration. you and your Products will comply with all applicable laws, orders, codes,
regulations and requirements("Laws"),and you and any individuals listed in
In any legal proceeding relating to this Agreement,the parties agree to
waive any right they may have to participate in any class, group, or your Products have all required licenses to provide the goods and services
representative proceeding and to waive any right they may have to a advertised in all jurisdictions where the Products appear, (iii) you have not
trial by jury. Any claim,controversy,or dispute that arises under or relates made any false or misleading claims in any Product;(iv)in the event you use
to this Agreement(other than claims to collect amounts you owe),including third-party social media logos or other branding in your advertisement(s),you
any dispute regarding any Listing or Product,any omissions,incorrect phone are and will remain a member in good standing of each social media platform
numbers or other errors, and any Product placement concerns, shall be represented with logos and/or branding in your advertisement(s), in
referred by the aggrieved party to binding arbitration under the accordance with the rules and/or terms and conditions of such platforms;(v)
You will comply with our digital privacy policy and terms of use as applicable
Commercial Rules of the American Arbitration Association. The
arbitration shall occur in Dallas County,Texas unless we mutually agree (vi) you have not requested, and will not use, the Products, or our Digital
Platform for any unlawful purpose or business;(vii)you have not violated any
to another location. All Digital Ads andlor Services shall be deemed to
have been provided in Texas. The arbitration hearing shall be held contractual or legal obligation by signing this Agreement and requesting us to
within 6 months after the filing of the arbitration demand with the AAA. Publish any Product;and(viii)you are or represent the business related to the
Products listed above ("Client Representations"). You will notify us
11. Products/Publication/Distribution.We reserve the sole right to determine immediately if any of the above becomes inaccurate.
(and may change at any time without notice to you)the design,content,size, 18 Limited Inventory Items. If your Product published in our Publication or
geographic coverage, distribution, and appearance of, and the types of Digital Platform is designated as a limited inventory item that is offered in the
advertising offered in, our Publications and our Digital Platforms and how, next issue of the Publication or at the end of the digital product term,you wiN
where, how many, when, and whether they are published, distributed, have right of first refusal for that same item of advertising in the next issue of
reissued,or displayed.We may reject all or any portion of the Products at any the same Publication or on the Digital Platform if you: (i) sign a new
time and for any reason(even if previously approved). If rejected,we will,as Agreement to renew the Product at the then current rate prior to the renewal
our sole obligation, refund any advance payments for that Product. If we due date we s
receive allegations of copyright or trademark infringement,we may remove PeCril and(ii)have paid all amounts due under this Agreement
the disputed content immediately. We may change each name, street as of that renewal date. If you do not meet these requirements or if you
address, Internet address, and telephone number or any other content to cancel the limited inventory item, we may immediately offer the advertising
itconform to our standards, practices and policies or the policies of any third of em t other interested ranted thisies.You may not assign,sell or transfer the right
party on whose site, platform or network any Product is published. We may first refusal granted in this Section.
publish the Products of any other advertiser at any time and at any location in 19. Fixed Product Bundle/Performance Bundle/Market Buys.Notwithstanding
our Publications and in our Digital Platforms. We may redirect calls arising anything else to the contrary in this Agreement,if you are sold two or more
from Products of other advertisers to you in our discretion. products that comprise a bundle and that bundle is priced as a bundle and
12. Proofs. We will make a reasonable effort to provide you with proofs; not as individual products,should you decide not to use any one or more of
however,we do not guarantee that you will receive proofs of your Products.If such products in the bundle,or if you fail to provide content or anything else
necessary to permit one or more products in the bundle to
we do provide proofs in time for modifications,you must notify us in writing of rice of as
any changes/errors before the deadline we set.Otherwise,we will publish the described, we may either charge for the payment of the full price of the
Products as shown and no adjustment will be made.Colors,contrast,photos, bundle in question per the pricing terms of the bundle or charge for the
font, graphics, and other features may appear differently in the published individual products at an a la carte rate. In addition, if you purchase a
product and no adjustments will be made for those differences.
may change.
Performance Bundle and make a change to any item in the bundle, pricing
may c Once any item in a Fixed or Performance Bundle has published,
13. Performance Tracking and Call Record. If you purchase or your no changes to the bundles are permitted. Market Buy program purchases
Products are supplemented with a Performance Tracking Program,you only include complementary advertising that publishes in appropriate
understand that calls placed to this number will automatically be corresponding products as described in the order section.
recorded.To opt out of the recording service you must contact Client 20. Indemnification. You agree to defend, indemnify and hold us and our
Care at 844-DEXMEDIA (339.6334). The recording service will remain agents,representatives,employees,and affiliates harmless from any liability
active until you opt out. Please review additional terms and conditions or costs, including attorneys' fees and expenses, resulting from: (a) any
related to Performance Tracking and Cali Recording at breach of a Client Representation;(b)your failure to comply with all Laws;(c)
www.dexmedla.com/terms. any act,omission or fault of you or your employees,agents or contractors in
14. Product Placement. Except for Products we designate as limited connection with the Products; (d) any claim that the Client Content or other
inventory advertising,we do not guarantee the placement or position of information provided by you violates any applicable law or infringes on any
any Product(or the Product of any other advertiser) on or within any third party patent, copyright, trademark, trade secret or other intellectual
Publication,the Digital Platforms or any page,cover,or heading and will property or proprietary right;(e)any communication through your Products or
not provide any adjustments on claims relating to placement for any Product. your collection or use of any information obtained through your Products or
15. Client Content. "Client Content"means content you, or any person(s) our Digital Platform;(f)any breach of any applicable export control laws; (g)
using your p sswo
1, supplies to us, posts, or asks us to use in your any transactions initiated through your Products and any payment processing
Products. You grant us a perpetual, royalty-free, sub-licensable, non- services. You will continue to be obligated by this Section even after the
exclusive right and license to use, copy, record, modify, display, publish, termination of this Agreement.
Rev April/2015 Pape 2 of 3
authorized to change or add to this Agreement or any other documents
that are part of this Agreement in any way,and any purported change or
21.REPRESENTATIONS REGARDING CLIENT PROVIDED CONTENT addition,whether oral or written,is void.
You have and/or will submit to us and our affiliates certain photos or other 24.Confidentiality.Each party agrees to preserve the confidentiality of all the
images,video footage,logos,text and/or artwork(all such items,whether in a terms of the Agreement,including all financial provisions,and any information
single submission or multiple submissions being referred to herein as the it has received from the other party in the performance of the Agreement
Content)to include in your Products and/or to be used in connection with a which is not publicly available. The parties acknowledge that during the
product or service we provide to you. As additional Client Representations course of the Agreement,a party("Confidant')may acquire or otherwise gain
you represent and warrant that: access to the other's ("Discloser") proprietary or confidential information
1. The Content was created by you or your employees and you have the (collectively, such entity's "Confidential Information"). Confidential
unrestricted right and authority to use the Content in any media or Information shall not include any information which is (i) otherwise publicly
medium and in any Product,in the way it is used in such Product,media available through no fault of the Confidant,(ii) rightfully received from a third
or medium and to give us the rights granted in the Agreement, or the party in good faith on a non-confidential basis and not derived directly or
Content was created by a third party who has given you written indirectly from any breach of a confidentiality obligation, (iii) independently
permission to use the Content in your Product,media or medium and to developed by the Confidant without use of Discloser's Confidential
give us the rights granted in the Agreement;and Information as evidenced by such party's written records or (iv) disclosed
2. If the Content includes the name or a photo or other image or likeness of pursuant to the receipt by the Confidant of written permission from the
a person or persons,you have obtained from each such person(or from Discloser to disclose.
the parent or lawful guardian of any person who is under eighteen(18) 25. Miscellaneous. This Agreement is binding on and for the benefit of you
years of age) the unrestricted and perpetual right to use the name, and your successors.We may assign this Agreement,but you may not assign
photo,or other image or likeness in the manner contemplated by,and to any of your rights or delegate any of your duties under this Agreement without
grant us the rights granted under this Agreement. our prior written consent. Except as otherwise set forth in this Agreement,
You acknowledge that each submission of Content that you make to us or our neither you nor we will lose any of our rights under this Agreement, even if
affiliates,be it offline or online,is made subject to these representations. you or we do not enforce a right or delay in enforcing a right.Neither party will
22. Governing Law and Jurisdiction. You agree that this Agreement will be be liable for any damages arising from acts of God or events outside of that
governed by and construed in accordance with,and all matters relating to or party's reasonable control. If any provision of this Agreement is found to be
arising under this Agreement will be governed by, Texas law without unenforceable,the rest of this Agreement will remain in full force and effect.
reference to the laws relating to conflicts of laws. Exclusive venue and You agree that your acceptance of this Agreement, given electronically, will
jurisdiction for all claims and disputes that are not subject to arbitration have the same legal effect as if this Agreement had been personally signed in
pursuant to Section 10 shall be in the state and federal courts located in writing by you. Our imaged copy of this Agreement will be deemed a
Tarrant County,Texas. duplicate original for evidentiary purposes.
26.Contact by Us. Following the execution of this agreement,we have
23. Entire Agreement. This Agreement, including any info lines identified on
the right to correspond with you via email or text.This includes,but is
this Agreement, constitutes the entire agreement between you and us and
not limited to, promotional offers, terms and conditions, transactional
supersedes all prior agreements and representations, whether express or
communications,and renewal and unable to contact notices.To opt out
implied,written or oral,with respect to the Products. In the event of a conflict
between the terms of this Marketing Services Agreement and any applicable of the email communication process, contact Client Care at 844-
Additional Terms, the terms of this Marketing Services Agreement shall DEXMEDIA (339-6334). To opt out of text, follow opt out instructions
included in the actual text message.You agree that we may also contact
prevail. In the event of a conflict between the terms of any pre-printed you regarding your Products,or offers to provide Products,whether by
addenda and(i)this Marketing Services Agreement,and/or(ii)any applicable live telephone, recorded message, U.S.mall or other mall,or facsimile.
Additional Terms, the terms of the pre-printed addenda shall prevail. You You agree that telephone conversations between you and us or our
agree not to include any limiting endorsement on a check or other form of agents may be monitored and/or recorded (including Recorded Oral
payment, and we may cash a check containing a limiting endorsement or Agreements).
accompanied by any limiting instruction without affecting your obligations or
our rights. Neither you nor any Dex Media employee or agent is
Rev April 2015 Page 3 of 3
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