Also, change the 1st paragraph to state "without the prior [written] consent....
People can easily lie and say,
"hey, I called them and spoke to someone who answered the phone..." or,
"I sent them an email... its not my fault it went to the spam folder and was deleted. Let them prove I didn't send it."

Larry, the problem we face is that we are an internet based e-commerce business. As such, the language should include that any soliciation or any offer to sell will comply with the State "Blue Sky" Securities laws of ALL the states; as we don't know where the investor will be from until AFTER the problem arises. Better to be conservative and safe. Case-n-point:

A previous client was mandated to reimburse EVERY SINGLE PENNY back to every single investor from the ENTIRE OFFERING because they unknowingly "placed" an offering with a New York investor, a Michigan investor, and a Utah investor when they only met the requirements of their own state, Florida. To add injury to insult, they were also fined $250,000 for each infraction, and spent 5 years in a federal country club; all because they were ignorant to the laws & negligent, not that it was ever intentional act to mislead investors. The problem here is that under todays market being internet based which may include national and international audiences, each of the States protect their own residents and don't care about intent but only that the party failed to meet THEIR laws, including paying THEIR state registration fees; all of which usually is a political play by the state to get money for THEIR state's deficit spending.