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2.20. Indemnification
You agree to indemnify and hold harmless the Company, its subsidiaries, parents and affiliates, and each of
their respective officers, directors, shareholders, employees, agents, contractors, representatives, content
providers, and service providers from and against any and all losses, claims, obligations, liabilities, damages,
settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages,
special damages, disbursements and attorneys’ fees, including attorneys’ fees incurred from counsel selected
by the Company in its sole discretion) arising from or relating to any actual or threatened claim, suit, action,
proceeding, governmental investigation, or enforcement action based on or arising out of: (a) your breach of
the agreement; (b) your client content, client message, or feedback; (c) any violation of any applicable local,
state, national, or international laws and regulations including, without limitation, the mobile marketing laws
and MMA guidelines; or (d) any use by you of the Application or use of the Application by a third party by and
through an account or computer owned by you.
You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding,
governmental investigation, or enforcement action, but we reserve the right, at your expense, to assume the
exclusive defense and control of any matter in which you are a named party and that is otherwise subject to
indemnification by you.
2.21. Suspension, Termination, and Cancellation
If at any time you breach the agreement, we may elect to suspend, terminate, or cancel your use of the
Application and your account and recover any damages from you arising from the event(s) giving rise to the
suspension, termination, or cancellation.
We reserve the right to suspend your Application account and access to the Application at any stage for any
reason we may deem necessary to continue to provide the Application in a way that may be hindered by your
status as being our client, your financial status, or the client content or client message originating from you.
a) The Company will notify you via the email address and the SMS number on file 14 days prior to the period
that the customer subscription will bill against the credit or debit card on file.
b) Upon any such termination, cancellation, or suspension, you are still responsible for any obligations then
accrued. Your obligation to pay all amounts accrued and owed shall continue even after any suspension or
cancellation of your access to the Application account (in whole or in part).
c) Upon termination, for any reason, you agree to immediately cease using the Application and the
Company shall have no obligation to you after any termination or cancellation of your account or
termination of your access to the Application.
d) Should such a termination take place, any Application Credits in your Account will be forfeited. The
Company does not refund unused credits in any instance.
e) The provisions regarding ownership, payments, warranties, and indemnifications will survive any
suspension, termination, or cancellation of your use of the Application.